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12/17/1985 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA DECEMBER 17, 1985 A regular meeting of the Eagan City Council was held on Tuesday, December 17, 1985 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Administrator Hedges, Consulting Engineers Bob Rosene and Mark Hansen, Public Works Director Colbert, and City Attorney Hauge. AGENDA Thomas moved, Wachter seconded the motion to approve the agenda as presented. All voted in favor. MINUTES December 3, 1985 - Regular Meeting. Wachter moved, Egan seconded the motion to approve the minutes with the following exceptions: On page 9, regarding Norwest 3rd Addition, the preliminary plat application was continued indefinitely; and on page 7, regarding Eagan 40 PD, it was understood that no action had been taken; further it was understood that cash donation for park purposes will be required under Yorkton I and Yorkton II, Eagandale Industrial Park 3rd Addition and Town Centre 70 2nd Addition plats. All voted in favor. PEOPLE'S NATURAL GAS COMPANY Roger Lee and Jerry Lovell of People's Gas appeared and discussed with the Council the purchase of People's Gas by Utili Corp United, Inc. of Kansas City, Missouri which purchased People's Gas Company as a single unit. They expect there will be no change in the operational status or service policy, including main extensions within municipalities. DAKOTA COUNTY ASSESSOR Bill Peterson of the Dakota County Assessor's office appeared and recommended that Parcel #10-00300-040-75, owned by Mary Post, be reduced in assessed value from $400.00 to $40.00. Egan moved, Thomas seconded the motion to approve the recommendation. All voted yes. 1 Council Minutes December 17, 1985 METROPOLITAN COUNCIL MEMBER - MARY MARTIN Mary Martin, the Eagan area Metropolitan Council representative, appeared and discussed with the City Council certain issues before the Metropolitan Council at the present'time. She indicated that the Metropolitan Significance Report had been adopted by the Metro Council for the Bloomington Mega Mall. She also reviewed the Metropolitan Development Industrial framework and discussed issues relating to air noise. She further reviewed the barge fleeting area and barge terminal issues relating in particular to the Minnesota and Mississippi Rivers and noted that the Metro Council has only review and comment authority regarding barge terminals. She indicated that operators are looking for a down-river terminal site. City Councilmembers' concerns related to the impact of east-west traffic on County roads in the event of a change in terminal sites. POLICE DEPARTMENT Police Chief Jay Berthe was present and introduced Dave Ringberg, who was the candidate for full-time patrolman within the City Police Department. PARK DEPARTMENT City Administrator Tom Hedges reviewed the report, together with Ken Vraa from the Park and Recreation Department, dated December 11, 1985 recommending an increase in the cash dedication fee for apartment units from $278.00 to $300.00 per unit, for park purposes, commencing in 1987. After discussion, Thomas moved, Egan seconded the motion to approve the recommendation. All voted yes, except Councilman Smith who voted no, indicating that no comparable data from other municipalities was submitted to the City Council for review. PUBLIC WORKS DEPARTMENT At the June 4, 1985 meeting, the City Council authorized the installation of the stop sign at Covington Lane at the intersection with Flora Drive for a six-month time period to evaluate the effect of that installation. The engineering division, as reported by Public Works Director Tom Colbert, recommended that the Council approve the permanent installation of a stop sign at that intersection. Blomquist moved, Wachter seconded the motion to approve and implement the recommendation. All councilmembers voted yes. CONSENT AGENDA The following consent agenda items were submitted for the City Council's approval: 1. Contractor's Licenses. A schedule of licenses submitted by contractors, including general contractors, heating and ventilating contractors, plumbing, masonry, cement work and swimming pool contractors, was submitted and recommended to be approved by the City Council. 2 Council Minutes December 17, 1985 2. Personnel Items. The following personnel items were submitted and recommended for approval by the Council. a. Clerk/Typist (Administration). It was recommended the vacant position in the clerk/typist typing pool be filled by Jane Helebrant, who would transferred from the part-time clerk/typist position in Engineering and Planning, as a part-time clerk/typist, effective January 1, 1986, at her present rate of salary. b. Resignation (Utility Maintenance Worker). On December 4, 1985, Wilson Marker, an employee in the utility department, submitted his resignation to be effective immediately, and it was recommended the Council accept the resignation and authorize the advertisement for utility maintenance worker. c. Police Officer. Chief of Police Berthe recommended the promotion of David Ringberg to Police Officer effective January 6, 1986 as authorized in the 1986 Budget. d. Internal Revenue Regulations Regarding Fringe Benefits. The following resolutions were submitted by the Finance Department and it was recommended that the Council approve them: 1. Resolution to Treat the Taxable Value of City Vehicles as Being Paid in the Last Pay Period of December. 2. Resolution to Not Withhold Income Tax from the Taxable Value of City-Provided Vehicles. 3. Resolution Selecting October 31 Special Accounting Period for Valuation of Automobile Use. 4. Resolution Prohibiting Personal Use of Designated City Vehicles. 5. Resolution Requiring Certain Employees to Use City Vehicles for Commuting Purposes. R 85-80/84 3. Valley Sanitation/Rubbish License. An application was received from Timothy Plan for a rubbish hauler's license during calendar year 1986 and staff recommended approval, subject to compliance with the City Ordinance. 4. Coachman/Silver Bell Roads - Contract #84-10. The final payment request was submitted for the 9th and final payment for Contract #84-10 for Coachman/Silver Bell Roads in the amount of $30,838.89 from Bituminous Roadways, Inc. and it was recommended it be approved and the project be accepted for perpetual maintenance. 5. Spring Park Construction - Contract #85-14. The final payment request for Contract #85-14 for the park construction performed during the Spring of 1985 by Central Landscaping, Inc. in the amount of $26,660.88 was recommended for approval and it was also recommended that the project be accepted by the city. 3 Council Minutes December 17, 1985 6. Rahn Park Grading - Contract #85-04. The consulting engineer recommended approval of the sixth and final payment of $21,377.29 for City Contract #85-04 to Enebek Construction Company and that the work be accepted as completed. 7. Windtree 5th & 6th Additions - Project #462. The feasibility report for Windtree 5th and 6th Additions consisting of Project #462 street and utility improvements was submitted by the Consulting Engineer and it was recommended that the report be received and that a public hearing be scheduled for January 21, 1986 at 7:00 p.m. at the City Municipal Center. 8. Wyndham Corporate Center - Project #464. The next feasibility report submitted by the consulting engineer's office covered street and utility improvements in Wyndham Corporate Center under Project #464 and the staff recommended the report be received by the Council and that it schedule a public hearing to be held at the City Municipal Center at 7:00 p.m. on January 21, 1985. 9. Eagandale Office Park - Easement Vacation. A petition was received for vacation of a certain utility easement in Eagandale Office Park and it was recommended that the Petition be received and a hearing be scheduled on January 7, 1986 at 7:00 p.m. at the Municipal Center to consider whether to vacate the utility easement. 10. Town Centre 70 and 100 Additions - Change Order #1 - Contract #85-8. The Change Order to Town Centre 70 and 100 Additions under Contract #85-8 was submitted in three parts and was recommended that Part A with an addition of $37,519.58, Part B with an addition of $8,316.64, and Part C with an addition of $2,813.68 be approved and the Mayor and City Clerk be authorized to execute all related documents. 11. Westbrook 1st Addition - Final Plat. The application of Tom • Westbrook for final plat approval of Westbrook 1st Addition was submitted and it was recommended it be approved subject to compliance with City Ordinance requirements. R 85-85 12. Lexington Place South - Contract #85-12. The request from the contractor for Lexington Place South street improvements under Contract #85-12, Valley Paving, Inc., for final payment in the amount of $15,807.55 and acceptance for perpetual maintenance was submitted and recommended for approval. Wachter moved, Egan seconded the motion to approve the foregoing consent agenda items as recommended. All voted yes. 4 Council Minutes December 17, 1985 FEDERAL REVENUE SHARING FUND HEARING Mayor Blomquist convened the public hearing regarding the Federal Revenue Sharing Funds. Tom Hedges explained that the hearing is required for the City Council to determine how the Federal Revenue Sharing Money should be used by the City. It had been recommended that the 1986 funds be allocated to the Public Works Garage facility addition that is being proposed for construction during 1986 and the balance according to the Director of Finance, in 1986 in the amount of $624,304.00. There being no objection, Thomas moved, Egan seconded the motion to close the public hearing and to approve the designation of funds for the Municipal Public Works Garage facility expansion project. 4 All voted in favor. GROUP W ADDITION - PROJECT #423 The public hearing next convened related to Project #423 consisting of street improvements in the Group W Addition area. Mr. Colbert explained that on November 20, 1984, the first public hearing was held to discuss the installation of the streets necessary to serve the proposed Group W Addition and that the Council had directed staff to prepare an alternate proposed improvement, based on various phases of curb and gutter installation. It was later discovered that there was an error on the original public hearing notification process and therefore, the City Council rescheduled a public hearing for December 17, 1985. Mark Hansen reviewed the feasibility report and Roger Slater was present with questions about the amount of frontage owned by the Slater family affected by the street improvements. Also, Tom Webster of Splashland was present and had questions concerning the project. There were no objections and it was explained to Mr. Webster that there will be additional assessments for road improvements against the northeastern portion of the Splashland property in the future, when that portion of street is approved. Egan moved, Thomas seconded the motion to close the hearing and to order in Project #423R alternate and award that portion of Contract #85-23 to McNamara Vivant Contracting, Inc., the low bidder on the project. All councilmembers voted yes. TOWN CENTRE 70 ADDITION - EASEMENT VACATION & FINAL PLAT The hearing regarding the vacation of certain drainage and utility easements in Town Centre 70 Addition required by the Council as part of the improvement of the 2nd Addition plat was convened by the Mayor. Mr. Colbert discussed the proposed vacation and there were no objections. Charles Bartholdi of. Federal Lana Company was present and asked the City Council to act upon the application of Federal Land for approval of the final plat for Town Centre 70 2nd Addition. Mr. Colbert stated that as of 5:00 p.m. on December 17, 1985, all plat requirements of the City had been fulfilled by the applicant and recommended approval of the final plat. Thomas moved, Smith seconded the motion to close the public hearing and approve the vacation of the common lot line drainage and utility easement between Lot 1, Block 1, Outlot D in Town Centre 70 1st Addition and authorize the Mayor and City Clerk to authorize all related documents. All voted in favor. R 85-86 5 Council Minutes December 17, 1985 /a. l S Egan then moved, Wachter seconded the motion to approve the application for final plat approval of Town Centre 70 2nd Addition, subject to compliance with all City requirements. All members voted yea. WESCOTT HILLS FOURTH ADDITION - MULTI-FAMILY HOUSING REVENUE BONDS The application for approval of the final resolution for $1,880,000.00 in multi-family housing revenue bonds for Wescott Hills 4th Addition was submitted to the Council for approval. Tom Hedges discussed the proposed multi-family housing revenue bond issue and noted that a representative of Miller & Schroeder, together with John Houston, representing the applicant, were present. There being no objections, Thomas moved, Egan seconded the motion to approve the final resolution allowing the sale of $1,880,000.00 in multi-family housing revenue bonds, subject to the City staff and City Attorney's final approval of the bond transcript. All members voted in favor. THOMAS LAKE PLACE - MULTI-FAMILY HOUSING REVENUE BONDS The application for approval of the final resolution for $10,000,000.00 in multi-family housing revenue bonds for Thomas Lake Place was brought to the Council for consideration. City Administrator Hedges again briefly reviewed the application and there were no objections to the application. A representative of Miller & Schroeder was present and after discussion, Smith moved, Thomas seconded the motion to approve the final resolution allowing the sale of the bonds, subject, however, to final approval of the bond transcript documents by the City staff and City attorney. All voted in favor except Blomquist who voted no. 1986 CITY BUDGET Tom Hedges indicated that a public hearing was held on September 17, 1985 to consider the proposed general fund budget in the amount of $6,200,000.00 for the general fund and the public utility fund estimated at $3,408,930.00. In addition, the debt service fund totaling approximately $8,000,000.00, the general revenue sharing funds totaling $624,304.00 and park site acquisition and development fund were reviewed. There were no objections to the budget and after discussion by members of the City Council, Thomas moved, Egan seconded the motion to approve the 1986 City operating budget for the general fund, public utilities fund and other funds as compiled in the staff report. All voted in favor, except Wachter who voted no, indicating that he objected only to the fact that the Council did not raise the budget to include the proposed communications system for the fire and police departments. 6 Council Minutes December 17, 1985 HARDEE'S RESTAURANT - CONDITIONAL USE PERMIT An application of Hardee's Restaurant (Stanley Schultz) for conditional use permit to allow a drive-through facility and pylon sign for the proposed Hardee's Restaurant, east of Pilot Knob Road and south of Duckwood Drive was submitted. Tom Colbert introduced the application and noted that all building and parking setbacks met City Code requirements. He recommended that the drive-through area provide stacking for 6 cars and additional space for another 5 cars along the south'side of the building. The proposed sign location is approximately 20 feet from the property line and the sign will be very similar to the approved sign at the Nicols Road Hardee's Restaurant. The request for variance was made because the total sign area would provide for 143 square feet, due to the square foot appendage sign. A representative from Cardinal Properties of St. Cloud, Mike Diamond, was present and stated that the applicant may want a second user on the site, but the Planning Commission did not endorse the future use. Mr. Colbert recommended a minimum 100 foot stacking distance accessing to Duckwood Drive and suggested a review of the stacking issue. Councilmembers discussed the issue in detail, and suggested eliminating the exit from the access closest to Duckwood Drive. The Advisory Planning Commission recommended approval, subject to certain conditions, at its meeting on November 26, 1985. After discussion, Smith moved, Egan seconded the motion to continue the application to review the stacking and access issues as discussed by the Council. All members voted in favor. MEAT PROCESSING OPERATION - LU VANG - CONDITIONAL USE PERMIT The application of Lu Vang for conditional use permit for limited meat processing operation on 10 acres in an Agricultural District in the Wescott Garden Lots was submitted for consideration by the Council. Mr. Hedges stated that Mr. Vang had called the staff at the City and requested that the application be withdrawn, noting the Advisory Planning Commission recommended denial. Thomas moved, Wachter seconded the motion to acknowledge removal of the application. All voted in favor. RAHN RIDGE - FINAL PLAT The application of Rahn Ridge Associates for final plat approval of Rahn Ridge Addition was submitted for approval. There was discussion concerning the dedication of park land and City Attorney Paul Hauge indicated that the final dedication of the park land had not been completed. In addition, there was also discussion on behalf of Joe Christensen, attorney for the applicant, regarding cash park dedication for the commercial area. There being no objection, Wachter moved, Egan seconded the motion to approve the application for final plat approval, subject to compliance with all City requirements, including park dedication. All voted in favor. R 85-87 7 Council Minutes December 17, 1985 GROUP W UPDATE Jim Commers of Group W was present, as was Ralph Campbell, the Burnsville/Eagan Cable Administrator to update the City Council regarding progress of the cable installation within the City of Eagan. Mr. Commers noted that about 200 miles of underground cable installation had been installed and 122 miles of overhead construction had been completed. As of November 24, 1985, there were 3,368 customers in Eagan with 7,855 subscribers in both Burnsville and Eagan. Mr Commers also discussed possible extension of City offerings, and noted that the Eagan Report had been very successful, starring Pam Wold and City Administrator Tom Hedges. He noted also that there had been an inter-connect contract entered into with WCCO to offer connection to neighboring communities. Ralph Campbell also made a presentation and updated the Council on activities of the Cable Administrator. MAGNUM TOWING - CONDITIONAL USE PERMIT - HALLEY'S 1ST ADDITION The application of Kevin Mellon of Magnum Towing for conditional use permit for outside storage on Lot 3, Block 1, Halley's 1st Addition came to the Council. Tom Colbert introduced the application and Mr. Mellon was present. Councilman Thomas suggested that a yearly renewal be required of the applicant to insure compliance with City requirements. The Advisory Planning Commission recommended approval, subject to certain conditions at its meeting on November 26, 1985. The police chief strongly recommended a chain link fence around the installation and that no towing operations be allowed until the fence is installed. Mr. Mellon indicated that he could only accomplish temporary installation at the present time, because of the frozen ground. Upon motion by Egan, seconded Thomas, it was resolved that the application be approved, subject to the following: 1. The chain link fence shall be temporarily installed before any vehicles are towed onto the property and further, subject to the police department's approval, and that permanent fencing be installed by April 1, 1986. 2. Adequate dust control measures shall be provided to the City staff's satisfaction. 3. The parcel shall include storage of vehicles and other impounded items only. 4. All applicable City ordinances shall be adhered to. 5. The conditional use permit shall be renewable annually. 6. In the event that the conditions are not complied with, that the City Council may then automatically revoke the conditional use permit. All members voted in favor. 8 Council Minutes December 17, 1985 .j 1985 BUDGET CARRY-OVER FUND BALANCE As a part of the 1985 budget, $10,000.00 was appropriated from the street department for the replacement of broken and/or deteriorating concrete curb and gutter throughout the City. Because the bids for the project were well above the engineer's estimate, the work was not accomplished. In addition, $25,000.00 was budgeted from the Park Department for water tanker truck in 1985 and it was recommended that it be reappropriated to the 1986 capital equipment fund for the Park Department. Mr. Hedges reviewed the recommended revisions and Thomas moved, Smith seconded the motion to approve the reapportionment of $10,000.00 for replacement of concrete curb and gutter from the 1986 fund balance to the proper street department account, and also $25,000.00 for water tanker truck to the proper park department account during calendar year 1986. All councilmembers voted affirmatively. PARK SHELTER PLAN Ken Vraa, the Director of Parks, appeared and submitted schematic drawings for several park shelter buildings proposed for construction during calendar year 1986. The architectural firm retained by the City has drawn several schematics and Mr. Vraa asked for further direction from the City Council regarding the proposals. 1. Mr. Vraa presented a proposal for the Northview Park Building. In addition, he submitted a proposal for the Trapp Farm Park Shelter and a Trapp Farm Park building. Another schematic submitted was for Rahn Park facility and in addition, the proposed Goat Hill Park building. Councilmembers recommended that the proposed spire on the Goat Hill Park facility be revised. No official action was taken. 2. Regarding the Ohman park property acquisition proposal, Mr. Vraa then updated the City Council regarding the proposed purchase of approximately 30 acres of land from the Ohman family on the east side of Pilot Road, south of Cliff Road for park purposes. Using a map that he displayed to the City Council, the proposal was that the City acquire Parcels C, D, and E, but it appeared that there was a conditional purchase on those parcels. Parcel F is for sale and Mr. Vraa proposed contingent purchase of Parcel F and that the City also attempt to acquire Parcel E, if possible. No formal action was taken. WELLS #8 and #9 - CONTRACT #85-26 Bids were received for the construction of Wells #8 and #9 under Contract #85-26, and it was recommended that the low bidder, Bergerson Caswell, in the sum of $356,010.00 be approved. Mr. Colbert noted that the bidders recognized some risk in constructing the deeper well and recommended the approval of the contract to the low bidder. Thomas moved, Wachter seconded the motion to accept the bids and to award the contract to Bergerson Caswell Construction Co. All voted yes. 9 Council Minutes December 17, 1985 NICHOLIS MARTIN - 2035 DIFFLEY ROAD Mr. Nicholis Martin of 2035 Diffley Road appeared and objected to the parking ticket that he received from the City and also the fact that the snow removal department had not adequately removed the snow on the Diffley Road frontage Road, adjacent to his home. Tom Colbert was asked to investigate the issue further in an attempt to resolve the complaint. CAPONI VS. CITY OF EAGAN City Attorney Paul Hauge updated the City Council regarding the action entitled Caponi vs. City of Eagan, with the decision recently handed down by Judge Robert Breunig in the Dakota County District Court. There was discussion concerning a proposed action against Home Insurance Company, the City's liability carrier for failure to defend on behalf of the City. SALE OF CITY'S VEHICLES The Director of Finance/City Clerk received bids for the sale of City vehicles designated as surplus property. The high bidder for the 1983 LTD was Donn Smith in the amount of 1,765.25 and the high bidder for the 1977 LTD was Viking Auto Salvage in tie amount of $279.00. It was recommended that the council approve the sale to the high bidders for each of the two vehicles. Smith moved, Wachter seconded the motion to approve the recommendation. All voted yes. THREE-MILE DEPARTURE CORRIDOR Mayor Blomquist who is serving as a member of the Governor's Task Force on Airport Noise, brought to the Council the three-mile departure corridor issue intended for runways 11L and 11R from Wold Chamberlain Airport. It was noted that many airplanes have been turning at two to two and one-half miles, causing considerable noise impact on residents in northern Eagan. It was recommended that the Resolution be approved concerning the three-mile departure corridor from parallel runway departures over Eagan and Mendota Heights. Thomas moved, Egan seconded the motion to approve the Resolution. All voted in favor. R 85-88 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM City Planner Runkle, who is a member of the Community Development Block Grant Program Task Force has indicated that the task force has tentatively discussed the district housing rehabilitation program for low and moderate income families. Mayor Blomquist suggested considering housing for senior citizens and also assistance for a 24-hour emergency facility. No specific action was taken. 10 Council Minutes December 17, 1985 1986 COMPENSATION PLAN FOR NON-COLLECTIVE BARGAINING POSITIONS The 1986 Compensation Plan had been prepared for all non-collective bargaining employees and was reviewed by the City Council. Mr. Hedges indicated the results from comparable worth and the comparable worth study should be available by January, and the plan will then be considered for adoption and submission to the State during 1986. Thomas moved, Smith seconded the motion to adopt the Compensation Plan for 1986 for all non-union positions as presented. All voted yea. SKATING RINK ATTENDANTS A list of individuals who were recommended by the Parks Department for employment as seasonal temporary part-time skating rink attendants for 1985-86 season was submitted and recommended to be approved. Egan moved, Wachter seconded the motion to approve the schedule of persons recommended. All members voted yea. JANUARY 14, 1986 - SPECIAL COUNCIL MEETING The City Council scheduled a special meeting of the councilmembers for January 14, 1986 to interview candidates for the various openings on City commissions. SPECIAL ASSESSMENT COMMITTEE MEETING A Special Assessment Committee meeting was scheduled for 4:30 p.m. on January 16, 1986 at the City Municipal Center. EAGANDALE INDUSTRIAL PARK - PROJECT #458 Tom Colbert reported that he anticipated objections from property owners within Eagandale Industrial Park regarding the proposed installation of storm sewer under Project #458. The Council had discussed the issue at its November 19, 1985 meeting and requested additional information. It was noted that the total undeveloped property comprised 62.68% of the drainage basin, and if the entire cost of the project were assessed against the undeveloped property only, it would increase the assessment from 9.2 cents per square foot to 14.6 cents per square foot. Various alternatives were discussed and it was noted that of the 25 remaining undeveloped lots, 18 are owned by Northwest Mutual Life Insurance Co. and 6 are owned by Alscor Investment, with 1 lot owned by Chicago Tube and Iron Co. The Councilmembers recommended that the staff proceed with the feasibility report to provide for the proposed assessments at 9.2 cents per square foot; further, that a public hearing be scheduled on the preliminary report and in addition, a hearing to include proposed assessments to determine whether any of the property owners enter objections in order to allow the City Council to abandon the project and not to allow future development if the project is not installed. 11 Council Minutes December 17, 1985 KELLER CONSTRUCTION COMPANY - PROJECT #361 Tom Colbert and Paul Hauge discussed with the City Council the proposed hiring of special counsel to act on behalf of the City in conjunction with the City Attorney's office regarding the arbitration claim of Keller Construction Co. under Project #361. It was noted that the project involves some detailed construction contract issues add a letter from Phil Bruner of Hart and Bruner, was reviewed by councilmembers. Thomas moved, Smith seconded the motion to authorize the hiring of Phil Bruner of Hart & Bruner, attorneys, as special counsel to act in conjunction with the City attorney's office in the defense of the arbitration action brought by Keller Construction Co. All voted in favor. CHECKLIST Wachter moved, Egan seconded the motion to approve the checklist dated December 17,.1985 in the amount of $1,132,354.60. All members voted yea. & November 30, 1985 in the amount of $472,475.50. COUNCILMAN JERRY THOMAS RECOGNITION Mayor Blomquist indicated that the last regular meeting of Jerry Thomas as a councilmember was held on December 17, 1985 and presented a plaque commemorating his four years as a very faithful and dedicated Eagan City Councilmember. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 10:35 p.m. All voted yea. PHH 4 V Cit Jerk 12