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120407 planning commission CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428 PLANNING COMMISSION MINUTES December 4, 2007 City Hall, 7 p.m. CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to due call and notice thereof; Chair Hemken called the meeting to order at 7 p.m. ROLL CALL Present: Paul Anderson, Jim Brinkman, Pat Crough, Kathi Hemken, Jeff Houle, Roger Landy, Bill Oelkers, Tom Schmidt, Steve Svendsen Absent: Ranjan Nirgudé Also Present: Kirk McDonald, City Manager, Curtis Jacobsen, Community Development Specialist, Steve Sondrall, City Attorney, Alan Brixius, Planning Consultant, Pamela Sylvester, Recording Secretary CONSENT BUSINESS There was no Consent Business on the agenda. PUBLIC HEARING PC07-06 Chair Hemken introduced Item 4.1, public hearing for ordinance amending Chapter 4 of the New Hope City Code relating to off road Item 4.1 vehicles, recreational vehicles and exterior storage and to add a definition of recreational vehicles and the storage of those vehicles, city of New Hope, petitioner. Chair Hemken stated that the Codes and Standards Committee had met and discussed the comments heard at the public hearing in November and the planning consultant and city attorney were in the process of making minor revisions to the screening ordinance. City staff recommended that the Commission table this issue for one month until the ordinance was ready to review. Motion Motion by Commissioner Landy, seconded by Commissioner Svendsen, Item 4.1 to table Planning Case 07-06, Ordinance amending Chapter 4 of the New Hope City Code relating to off road vehicles, recreational vehicles and exterior storage and to add a definition of recreational vehicles and the storage of those vehicles, city of New Hope, petitioner. Voting in favor: Anderson, Brinkman, Crough, Hemken, Houle, Landy, Oelkers, Schmidt, Svendsen Voting against: None Absent: Nirgudé Motion carried. PC07-15 Chair Hemken introduced for discussion Item 4.2, request for conditional use permit to allow construction of two seasonal volleyball courts, 7107 Item 4.2 42nd Avenue North, Greg Bender/New Hope Bowl and Lounge, petitioner. Mr. Curtis Jacobsen stated that the petitioner was requesting site plan review and a conditional use permit for two outdoor, sand volleyball courts at New Hope Bowl. The property is zoned CB, community business, and is surrounded by commercial uses to the north, commercial and multifamily uses to the west and residential to the south and east. The properties to the east are in the city of Crystal. The site is 2.44 acres in size, and the building contains 27,160 square feet. The proposed sand volleyball courts would be installed on the north side of the building in the existing parking lot and be utilized for seasonal use only, from May through August. The courts would be removed at the end of the season. Mr. Jacobsen reported that the petitioner had been meeting with city staff since mid-July regarding the possibility of adding sand volleyball courts on his property. The petitioner’s goal was to generate some business during the off season so he wouldn’t have to lay off staff. The facility is heavily utilized from September through April with 200 to 500 customers per day. During the summer months, business declines dramatically to approximately 50 people per day. Jacobsen explained that the petitioner was proposing to construct two temporary sand volleyball courts. Matches would be scheduled at 6:30, 7:30 and 8:30 p.m. and the courts would close between 10 and 10:30 p.m. The petitioner would benefit by retaining six to 12 employees, bringing new customers into the business and community, and the addition of the courts would help the bowling center remain viable during the slow season. Property owners within 350 feet of the site were notified, including the city of Crystal. Staff received several calls both for and against the proposed use. Mr. Jacobsen explained that the purpose of a conditional use permit was to provide the city with a reasonable and legally permissible degree of discretion in determining suitability of certain uses upon general welfare, public health and safety. In making a determination to allow a CUP, the city must consider the nature of the adjoining land or buildings, similar uses, the effect upon traffic into and from the premise or on any adjoining roads, and other factors bearing on the general welfare, public health and safety. There are currently 170 parking spaces provided on the site. The two volleyball courts would use 32 spaces. The balance of the parking stalls would be adequate for summer usage of the facility. Jacobsen stated that the official court size was 30 feet by 60 feet with a 10- foot buffer area around the outside, therefore, the total area for the two courts would be 100 feet by 80 feet. The outer edges of the court would be 2 Planning Commission Meeting December 4, 2007 made from a treated wood product and staked down into the parking lot. The court would be lined with a 10-foot wide landscape fabric to allow for drainage. The courts would be designed for a sand surface up to 18 inches thick. Lighting would be provided by lights mounted to the north face of the building and would be directed to the north. A photometric plan was submitted and was compliant with city code for recreational lighting. Criteria to be considered for approval of a conditional use permit include: 1) consistency with the comprehensive plan; 2) compatibility with adjacent land uses; 3) conformance with applicable performance standards; 4) would the use cause a depreciation in land value; 5) does it meet the criteria in the zoning district; 6) would traffic patterns cause hazards or congestion; 7) would nearby residences be adversely affected; and 8) would nearby businesses be adversely affected by non-shopping traffic. The development review team reviewed the plans and was generally supportive. Concerns included the temporary lighting, drainage, containment of sand, employees outside as crowd monitors, and details of the deck expansion. The Design and Review Committee met with the petitioner in October and requested additional information. The petitioner submitted revised plans and met with the committee again in November, at which time the committee supported the CUP application. Mr. Jacobsen stated that staff recommended approval subject to the following conditions: 1) on site traffic patterns must be maintained; 2) court lighting shall be directional toward the courts and not exceed that shown in the photometric plan; 3) court lighting shall cease at 10:30 p.m.; 4) no public address system is authorized; 5) petitioner shall be responsible for court security and no direct court access from the parking lot shall be allowed; and 7) petitioner shall make every effort to be a good neighbor. A question was raised on the distance from the courts to the adjacent houses and the answer was approximately 150 to 200 feet from the eastern edge of the court to the back of the nearest house. Commissioner Houle stated he felt conditions no. 6 and 7 were somewhat vague and wondered what the expectation was. Mr. Jacobsen responded saying the city would expect the petitioner would walk the site every day during the volleyball season to pick up any trash. Bowling alley staff would act as security during play time, which hopefully would deter people from throwing trash and misbehaving. The city desires that the bowling alley be a good neighbor to adjacent properties and that the neighbors are reasonably comfortable with the expanded usage of the site. Commissioner Schmidt requested clarification on the ending times for the matches and when lights would be turned off. The response was that the Design and Review Committee discussed this issue with the petitioner and was informed that the last match should be over by 9:30, however, on occasion some matches may run more than an hour, therefore, staff was 3 Planning Commission Meeting December 4, 2007 requesting that the lights be turned off at 10:30 p.m. During the summer months, it is light out until approximately 9 or 9:30 p.m. and the lights should not have to be utilized for very long in the evenings. If matches were completed earlier, the lights could be extinguished earlier as well. Commissioner Crough questioned whether the deck would close at 10 p.m. and what fencing was on the east side of the site. Jacobsen stated that there was a six-foot privacy fence along the entire east border and all of the lots were heavily wooded on the east side of the fence. There was some shrubbery and a few small trees on the west side of the fence, but nothing significant due to the fact that the fire lane abuts the privacy fence. Commissioner Anderson questioned the hours for lighting at city parks. In city maintained parks where softball games are played, lights stay on until midnight. Mr. Jacobsen stated the courts would be fenced with netting to keep the balls in the court area. In addition, people with alcohol cannot be moving around in the parking lot, therefore, the netting will keep people in that area. Customers would only be able access the courts and deck area through the bowling alley. The netting should also contain any trash. Mr. Greg Bender, owner of New Hope Bowl, 38315 496th Lane, Palisade, came forward. He stated that his family has operated the bowling alley in that location since 1957 and no one has come to them to say they were a bad neighbor. If someone had come to them with a complaint, they would have remedied the situation. He stated they try to keep the property looking nice and secure, and they are active in the community. The volleyball matches would be played Sunday through Thursday evenings. Mr. Bender stated that he thought once the volleyball matches were completed the deck would close. The deck was constructed as a smoking area and can only be accessed through the bowling center. An emergency gate was installed to meet code and has an alarm on it. There are large trash receptacles on the deck for customers to use. A question was raised as to the amount of noise that would be generated. Mr. Bender stated that there would only be two courts. Each team has six people, therefore, there would be 24 people playing at a given time, plus a few spectators. He stated that many establishments offering volleyball play much later into the evening, but he scaled back so the last match would start at 8:30 p.m. due to the fact that he was located near a residential area. Mr. Bender stated that the matches would start on time or the team must forfeit. The lighting for the courts would be directed toward the courts so it would not spill over into the residential neighborhood. Commissioner Schmidt questioned the end times for the matches and Mr. Bender replied that matches typically last 55 minutes. Scoring for these types of matches happens every time the ball goes over the net, which 4 Planning Commission Meeting December 4, 2007 shortens the game time. The last match should be done by 9:30 p.m. Mr. Bender stated that alcohol could be purchased inside and taken out on the deck by the patrons. Servers cannot go into a smoking area, even if it is outside. Commissioner Schmidt inquired if Mr. Bender was aware of the email sent by a Crystal resident to the city of Crystal and he read a portion of the email which complained of beer bottles and various other trash items thrown over the fence into the yards of adjacent neighbors, noise and unacceptable behavior by individuals on the bowling alley site. Mr. Bender stated he had not heard anything about those complaints. He was not at the site all the time so he couldn’t say those things did not happen, but he felt that most of his customers would not do anything like that. In summer the business opens at noon and closes at midnight, and many days there may only be 25 people on site. The reason he was asking to add the volleyball in summer was because of the drastically reduced numbers of people per day and so he wouldn’t have to borrow money during the summer to keep the business in operation. He added that many times people dump mattresses, appliances, old computers, etc. at the back of his property that he has to dispose of. He stated his idea of being a good neighbor was not to do something that would bother the neighbor next door, and he does his best to be a good neighbor. He wondered why the police department had not been contacted if there were so many problems in the parking lot. He added that when he sees a couple cars parked together for a period of time in his parking lot he does call the police to check out what was going on. He added that he is on the crime prevention bureau. Commissioner Svendsen stated that at the Design and Review Committee meeting, the building official indicated that he recalled only one or two times that a code violation had occurred at this site and once a notice was sent, the violation was corrected immediately. Mr. Bender stated that one violation notice was to screen his recycling containers and he had an enclosure constructed within a week. Commissioner Svendsen asked for clarification on the storage of the courts during the winter. Mr. Bender replied that the netting, timbers, fabric, and poles would be taken down and stored inside the bowling center. The sand would be removed from the site at the end of the season. Chair Hemken inquired if anyone wished to address the Commission. Mr. Scott Van Wey, 4125 Kentucky Circle, Crystal, stated his home was closest to the bowling alley. He stated his wife had been exposed to public urination at the site from the dining room window in their home. Beer bottles, cans, used condoms, and other trash had been tossed in his yard. The fence was only six feet tall and when they look out their dining room window they can see the back entrance and the deck in their line of sight. 5 Planning Commission Meeting December 4, 2007 Cars are parked in the fire lane every night with their radios turned up. He stated they had called the police at different times. On some occasions, people are trying to get away and jump over the fence and proceed through their yard, with the police in pursuit. Mr. Kurt Moe, 4133 Kentucky Circle, Crystal, stated he thought that as residents they were partially responsible for not reporting things going on over the years. He has lived there for 15 years. In summer, there is loud noise, especially on the weekends. He was worried that the 10:30 p.m. lights out time might get pushed back to a later time. He felt the problems would get worse with more business traffic. He, too, stated at one time a felon ran across his property with the police in pursuit. His car had been broken into twice and money stolen from it. Mr. Moe stressed he didn’t want any more increased activity at the bowling alley. Ms. Sarah Krizmanic, 4036 Louisiana Avenue North, New Hope, was concerned with the parking situation if parking stalls would be used for the volleyball courts. During the winter, cars park along Louisiana and she didn’t want any more traffic on that street or cars parking in front of her home. Mr. Dana Wade, 4031 Louisiana Avenue North, New Hope, stated he had lived there for 25 years and he never had a problem with the bowling alley. He and his wife walk in the evenings in the area up until 10 p.m. He was not aware of any noise at the site, and never experienced any of the other problems mentioned. Mr. Wade stated that the bowling alley had always been a good neighbor. The site was very busy in late fall and in the winter, but not at all during the summer. He mentioned Lions Park was twice as far away from his property as the bowling alley. There is not enough parking at the park during the softball games, which brings street parking and more traffic past his house. Mr. Wade stated he did not feel that there would be a problem with the volleyball courts as proposed on the New Hope Bowl site. Ms. Cheri Begin, 7315 41st Avenue North, New Hope, stated here house is directly behind the bowling alley. Her concern was that almost every night bottles get dumped in the dumpster around 10 p.m. when she was trying to go to sleep. She stated she had not talked to Mr. Bender about this issue; she did mention it to employees many years ago. Ms. Begin stated that garbage trucks are on the site about 5 or 5:30 a.m. every morning. Mr. Scott Anderson, 8308 33rd Place North, New Hope, explained he had known Mr. Bender for 10 years and felt he was a very nice gentleman and would go out of his way to help if he could. Mr. Anderson stated if the neighbors had a problem with something happening at the bowling alley, they should talk to him, and he felt the problem would be corrected. He explained the parking lot has 170 spaces minus 32 for the proposed courts leaves 138. Twenty-four people play at a time and if people from all three matches stayed the entire time that would total 72 potential vehicles, 6 Planning Commission Meeting December 4, 2007 which still leaves 66 parking stalls. Mr. Anderson added that he felt it was responsible of Mr. Bender to want to keep his employees working during the summer and provide recreational activities for New Hope residents. Ms. Naomi Davidson, 4141 Kentucky Avenue North, Crystal, stated she was the author of the email sent to the city of Crystal. She agreed to write the email with the concerns of the neighbors as she has had dealings with the city of Crystal and was on the charter commission. The email was sent to the Crystal city manager, director of community development, the mayor, and a councilman. She stated she agreed with Mr. Moe in that they should have done more over the years than hope the problem would go away. She suggested that the neighbors work together with Mr. Bender and call the police more frequently if problems arose. The privacy fence was not a deterrent nor did it provide much privacy. She recommended erecting a higher, sound barrier fence around the perimeter of the bowling alley to block some of the noise, views, and tossing trash over the fence. This may create a win-win situation by addressing the concerns of the neighbors and allowing Mr. Bender full use of his property. Commissioner Brinkman wondered whether the problems were more evident in summer or in the fall/winter. Ms. Davidson stated that she had seen people running through the neighborhood in summer, but felt that was because she was outside more then than later in the year. Chair Hemken asked Ms. Davidson to provide a copy of the email to Mr. Bender. Ms. Peggy Bonicatto, 4109 Kentucky Circle, Crystal, stated her concerns were the noise and lights generated by the volleyball courts. Commissioners pointed out that the light would be directed toward 42nd Avenue and her property should not be impacted by the lights. Mr. Rick Begin, 7315 41st Avenue North, New Hope, stated he was concerned with security issues due to the volleyball matches drawing additional people from the apartments and young kids watching the matches. He was concerned with the safety of children when people park on Maryland Avenue and the potential of children running into the street between the parked cars. In the past, he had a back window in his vehicle shot out and has had trash in his yard. Mr. Begin felt if sufficient security could be provided, the proposed use should not be a problem. Mr. Greg Bender returned to the podium. He stated they will now dump bottles earlier in the day. Commissioner Landy stated he was hearing mixed messages, and felt that the residents not going to the petitioner with their concerns was inexcusable. He suggested that the neighbors meet with Mr. Bender to resolve the issues. Landy stated he could not vote on this request until those issues were resolved and the residents were comfortable. Landy expressed concern over the beer bottles and other trash that had been tossed into adjacent yards and felt it would get worse with summer outdoor activity. 7 Planning Commission Meeting December 4, 2007 Mr. Bender stated he was sorry if adjacent residents had trash thrown into their yards. During the 33-week league play season, approximately 250 to 300 people came through the bowling alley. Like any cross section of people, the vast majority of bowlers are good, hard working people who are not causing a problem. There always seems to be a few people that cause problems. Every week he makes sure the garbage is picked up in the parking lot and around the building, which sometimes blows into his lot from neighboring properties. Mr. Bender stated he could not guarantee that someone would not cause a problem. He stated that part of being a good neighbor often goes untold. During the time the bowling alley has been in New Hope, he has paid approximately $1 million to the school district in taxes. Commissioner Landy stated that he was not dismissing the few customers that cause problems, but was also scolding the residents for not speaking up sooner. Mr. Alan Brixius, planning consultant, stated that the request was for a conditional use permit. Planning staff and the police department met with the petitioner early in this process and the police department was not aware of some of these issues. Mr. Bender had demonstrated an effort to reduce crime in the area; therefore, there was a favorable report from the police department. Staff was concerned with introducing an outdoor activity near a residential area. Comments from the police department were reviewed and the site was studied to determine whether or not the volleyball courts would be a good fit. Efforts should be made to mitigate or stop the issues mentioned tonight. Staff concerns with an outdoor activity included being sure the matches are officiated or having an employee present in the area at all times to monitor the courts, deck and grounds. It has not been determined if people climbing over the fence are bowling alley customers or a neighborhood mix. An eight-foot fence could be considered. The fire lane should be posted “no parking” to keep the traffic pattern open and give the police department an opportunity to cite people who park there in the future. If the Planning Commission tabled action on this request for one month, maybe some of these issues could be resolved. Mr. C. Nemitz, 4117 Kentucky Circle, Crystal, stated that his property was located behind the bowling alley and he had not contacted the bowling alley or the police department with his concerns. Cars park behind the bowling alley at night and turn the sound up on the radios. He stated that half of the fence was on bowling alley property and half was on his property. He mentioned he had seen kids climb over the fence. Mr. Nemitz stated he felt that by bringing in another avenue for light and noise, the home values would go down. He suggested that the city look carefully at this request, because the residents do not want it. He wondered whether the courts could be placed on the west side of the building. 8 Planning Commission Meeting December 4, 2007 Mr. Kurt Moe, 4133 Kentucky Circle, stated that they had called the police before and indicated that when the officer talked to the individual he was pointing to his house. Later others were pointing at his house as well, and he was fearful of retaliation after that. His family appreciates the quieter time in summer. No one else in the audience wished to address the Commission. Motion by Commissioner Oelkers, seconded by Commissioner Landy, to close the public hearing on Planning Case 07-14. All voted in favor. Motion carried. Commissioner Houle questioned whether the city had received any communication from Crystal staff or council members on this issue. Mr. McDonald stated he received the email from Anne Norris, Crystal city manager. She voiced concern on behalf of Crystal residents. Houle questioned whether the fence was on bowling alley property or the residential properties. Mr. Moe stated that he had been told it was his fence and he had repaired it on occasion. Commissioner Oelkers stated that the Design and Review Committee had met with Mr. Bender two times and had discussed all these same issues. Mr. Bender’s response then was the same as stated tonight. He felt Mr. Bender was a good community citizen and supportive of community events. Oelkers suggested the commission table this issue and allow Mr. Bender and the neighbors to meet and address their concerns. He, too, suggested that if the neighbors had concerns with activities at the bowling alley, they should have contacted Mr. Bender. Commissioner Landy stated that ne did not question that Mr. Bender was a good neighbor and New Hope Bowl had been an excellent business in the past. He concurred with Commissioner Oelkers that the residents should meet with Mr. Bender and work out the issues. Mr. Bender agreed to meet with the neighbors and city staff. Commissioner Svendsen inquired whether a conditional use permit was reviewable on an annual basis. Mr. Brixius stated that it could be reviewed to see if the applicant was meeting the conditions of the CUP or if the use had become non-compliant. Nuisance issues did not necessarily make the CUP non-compliant. If the conditions of the conditional use permit continue to be met, the applicant would be compliant with city code. Brixius added that one of the criteria for a CUP was that it did not adversely affect nearby residences, therefore, issues identified at this meeting must be mitigated. At the neighborhood meeting with Mr. Bender and city staff, efforts should be identified to stop the issues from happening and include those as conditions of approval, if the request would be approved. 9 Planning Commission Meeting December 4, 2007 Mr. Steve Sondrall, city attorney, commented that the purpose of a conditional use permit was to indicate an allowable use within a zoning district and would be approved as long as the applicant met the conditions of the CUP as outlined in the code. When approving or denying a CUP, if it becomes a controversial issue, then the Planning Commission or City Council must determine findings establishing that the CUP is approved or denied. As was pointed out earlier, the conditions of a CUP are laid out in the ordinance and the applicant must bring evidence that he can meet those conditions. If the conditions are met, the Planning Commission has to recommend, and the Council approve the conditional use permit. The use can be reviewed daily to determine if the conditions are being met. If they are not, then the CUP is subject to revocation. As long as the conditions are met by the applicant, just because there is a resident complaint does not mean that the applicant loses the CUP for violation of the CUP conditions. Commissioner Svendsen thanked the city attorney and planner for clarifying for the audience the approval process for a conditional use permit. Mr. Sondrall added that a CUP was not subject to being reissued every year; a conditional use permit, once approved, is attached to the land. Chair Hemken requested members of the audience who spoke to be sure to sign in so they can be contacted for a meeting. Commissioner Oelkers interjected that city staff should meet with Mr. Bender and some of the neighbors to work out the issues. Commissioner Landy asked that it be determined whose property the fence is on and who is responsible for it. Motion Motion by Commissioner Oelkers, seconded by Commissioner Brinkman, Item 4.2 to table Planning Case 07-15, request for conditional use permit to allow construction of two seasonal volleyball courts, 7107 42nd Avenue North, Greg Bender/New Hope Bowl and Lounge, petitioner, to allow staff time to meet with Mr. Bender, neighbors, and some members of the Planning Commission. Voting in favor: Anderson, Brinkman, Crough, Hemken, Houle, Landy, Oelkers, Schmidt, Svendsen Voting against: None Absent: Nirgudé Motion carried. Chair Hemken stated that this planning case was tabled until January 8, 2008, and city staff would coordinate a meeting with Mr. Bender, neighbors, and select members of the Planning Commission to resolve issued identified during this discussion. The issue of the garbage truck (Waste Management) was mentioned and 10 Planning Commission Meeting December 4, 2007 the fact that 5:30 a.m. was earlier than city code allowed. Design and Review Commissioner Svendsen reported that the Design and Review Committee met to review revised plans for the petitioner. McDonald added that staff Committee was not aware of any new planning applications for the January meeting. Item 5.1 Codes and Standards Chair Hemken stated that the Codes and Standards Committee met in November to review comments received on the exterior storage Committee ordinance during the public hearing in November. The next meeting Item 5.2 would be December 19 and the committee would finish its review of the exterior storage ordinance and continue its review of the sign code. Comprehensive Plan Commissioner Landy reported that the committee met on November 15 to review a draft of the full plan. The City Council would review the plan Update Subcommittee at the work session on January 22. Item 5.3 OLD BUSINESS There was no old business. Miscellaneous Issues NEW BUSINESS Motion to Approve Motion by Commissioner Landy, seconded by Commissioner Oelkers, to Minutes approve the Planning Commission minutes of November 6, 2007. All voted in favor. Motion carried. McDonald responded to an inquiry by the commission regarding the proposed redevelopment of City Center by Ryan Companies with a SuperTarget to be located on the school district site. Earlier this year Ryan Companies approached city staff and indicated their interest in this redevelopment site. Staff informed Ryan that city staff had been instructed not to contact the school district, but if the developer wanted to approach the school district and put a plan together, that was their prerogative. This would be a developer driven project, not city driven without a developer. The first city plan had a large amount of high density residential and reduced commercial. Ryan’s plan had less residential and more commercial proposed, and would be accomplished in phases. Representatives from Ryan Companies attended the November Council work session, and the Council was fairly receptive to the conceptual plan. At the December 10 Council meeting, staff was recommending authorization to draft an interim agreement with Ryan. The agreement would state that the city and Ryan agree to work together over the next six months to explore potential opportunities and identify benchmark dates of items to accomplish. Commissioners Brinkman and Landy indicated these concept plans were very similar to what was proposed by the City Center Task Force. Commissioner Oelkers interjected that Target brings other businesses to the area. Commissioner Houle added the city would be taking a secondary position with Ryan being the developer behind the proposed project. He suggested that staff be diligent with application of the design guidelines. 11 Planning Commission Meeting December 4, 2007 ANNOUNCEMENTS Chair Hemken mentioned that the January meeting would be conducted on the second Tuesday, January 8. Elections would be conducted at that meeting as well. ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:29 p.m. Respectfully submitted, Pamela Sylvester, Recording Secretary 12 Planning Commission Meeting December 4, 2007