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HomeMy WebLinkAboutAgenda Packets - 2007/02/26 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, February 26, 2007 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Flaherty, Hull, Mueller 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes and sign in on the sign-in sheet located on the podium. 6. SPECIAL ORDER OF BUSINESS 7. COUNCIL BUSINESS A. Report on Alternative Wellness (postponed from 1/22 Council meeting) B. Resolution 7020 Approving Transfers Between Funds for the Year 2006 C. Resolution 7022 Authorize a Step Increase for Mary Springer, Mounds View Receptionist D. Resolution 7027 Awarding a Construction Contract for the County Road 10 Trailway Project: Segments 9&10 8. CONSENT AGENDA A. Licenses for Approval B. Schedule a Public Hearing on March 12, 2007, at 7:05pm to Consider Resolution 7021, Authorizing a Transfer of an On Sale Intoxicating Liquor License from Moundsvista, Inc. (dba The Mermaid) to Mounds View Bowling, Inc. (dba Mermaid Lanes) located at 2200 Highway 10 in Mounds View. C. Resolution 7023 accepting a donation from Bethlehem Baptist Church D. Resolution 7024 Approving Publication of a Summary of Ordinance 784, an Ordinance Which Established a Moratorium on Electronic, Flashing, Animated, Moving or Otherwise Non-static Signs in any Zoning District. E. Resolution 7025 Adopting Council Policy 2007-01 Establishing a Policy for Citizen Agenda Items F. Resolution 7026 Supporting House File 847 Authorizing Cities to Adopt Ordinances to set and Impose Administrative Penalties 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. February 12, 2007 Minutes will be approved at the next City Council Meeting on March 12, 2007. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Review March 5, 2007 Work Session Agenda C. Reports of City Attorney 12. Next Council Work Session: Monday, March 5, 2007 @7pm Next Council Meeting: Monday, March 12, 2007 @7pm. Item No. 07A Meeting Date: February 26, 2007 Type of Business: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Report on Alternative Wellness Attached are the City Council Minutes of January 22, 2007, relating an Alternative Wellness Center at Mounds View Square. Staff was directed by the City Council to see what other cities are doing to regulate this type of business to include asking the League of Minnesota Cities for some information and guidance on the issue. Staff received responses from the cities of Minneapolis, St. Paul, Coon Rapids, Blaine, Arden Hills, Roseville, and the League of Minnesota Cities. Unfortunately, these cities had no information, ordinances or anything in their code regulating this type of business. Staff also spoke to the League, and they also had no information to give us relating to this type of business or anything relating to Alternative Wellness. Since there was no information available, Staff started to research the Mounds View City Code pertaining to Zoning. Mounds View Square is in the B-4 Zoning District. Permitted uses in this district include Health and Beauty Services. An argument could be made that Alternative Wellness could be allowed in our City Zoning Code under Health and Beauty Services. However, Health and Beauty Services are not defined in our City Code. Staff spoke with the City Attorney last week and it was the City Attorney’s recommendation that we define Health and Beauty Services in our Zoning Code to include information on Alternative Wellness. Staff, with the help of the City Attorney, will draft a definition and present this to the Planning Commission at their next scheduled meeting in March. This will start the process of revising the City Zoning Code. The City Council could allow Ms. Kari Murlowski to operate an Alternative Wellness Center as long as the business does not use the Rain Drop Therapy technique (Rain Drop Therapy – a sequence of anointing oils and laying of hands on the body that brings structural and electrical alignment to the body in a relaxing and invigorating manner through the power of essential oils). The City does currently allow the Hypnosis and Healing Center to operate at Mounds View Square under our current Zoning Code. An argument could be made if we allow the Hypnosis and Healing Center to operate, then why cannot Ms. Murlowski under the same provisions of the . However, the opposite argument could be made that Minnesota regulates Hypnosis under Minnesota State Statute §148.89 (attached), and there is no such state statute provisions regarding Alternative Wellness. Staff would like guidance on how to proceed, and whether to allow Ms. Murlowski to operate an Alternative Wellness Center under our current City Zoning Code. Staff does recommend drafting a definition for Health and Beauty Services, and would like to present a definition proposal to the Planning Commission. Respectfully submitted, Desaree Crane Item No: 07C Meeting Date: February 26, 2007 Type of Business: CB City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Resolution 7022 Approving a Step Increase for Mary Springer, Mounds View Receptionist Background: Mary Springer is a current employee with the City of Mounds View. Her supervisor has reviewed her performance as it relates to their responsibilities outlined in the job description. Discussion: It was determined that Mary Springer has more than satisfactorily performed in the capacity of her position, and therefore, a step increase wage adjustment is consistent with the Mounds View Personnel Manual and the AFSCME Labor Agreement. Her 6-month probationary period requirement is scheduled to end on March 20, 2007. This step increase will not be implemented until March 20, 2007. Respectfully Submitted, Desaree Crane RESOLUTION 7022 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING STEP/LONGEVITY ADJUSTMENT WHEREAS, the following below is a regular full-time employee who is currently working for the City of Mounds View; and WHEREAS, her supervisor reviewed her performance as it relates to the responsibilities outlined in the job description; and WHEREAS, her supervisor determined that the following employee below has more than satisfactorily performed in the capacity of her position documented in her performance review on file. WHEREAS, a step increase wage adjustment is consistent with the Mounds View Personnel Manual and Labor Agreements. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment to the following indicated in the chart below pending satisfactory completion of her 6 month probationary period. NAME CURRENT POSITION DATE OF EMPLOYMENT/CURRENT POSITION CURRENT STEP & WAGE STEP & WAGE ADJUSTMENT EFFECTIVE DATE OF ADJUSTMENT Mary Springer Receptionist September 20, 2006 Step 1: 13.58/hr Step 2: 14.43/hr March 20, 2007 Adopted this 26th day of February, 2007. __________________________________ Rob Marty, Mayor ATTEST: __________________________________ Kurt Ulrich, City Administrator (seal) Item No: 08A Meeting Date: February 26, 2007 Type of Business: CA City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Barb Benesch, Administrative Assistant Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Please consider the following contractor license for approval. All contractor licenses will expire on December 31, 2007. Applicant has submitted appropriate fees and proof of insurance. This company has either never been licensed with the City or may have been licensed with the City in the past, but was not licensed in 2006. Doody Mechanical HVAC New Staff Recommendation: Approve license applications as requested. Item No: 8D Meeting Date: Feb 26, 2007 Type of Business: Consent Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Resolution Authorizing Publication of a Summary of Ordinance 784, an Emergency Ordinance which established a Moratorium on the Construction or Expansion of any Moving, Flashing, Animated, Electronic or otherwise Non-Static Signs in any Zoning District Introduction: The City Council adopted Emergency Ordinance 784 on February 12, 2007 but did not provide explicit direction to publish a summary of said ordinance in the official City newspaper in lieu of the entirety of the ordinance. Resolution 7024 provides such authorization. Discussion: Section 3.07 of the Mounds View City Charter provides the authority to publish ordinance summaries in lieu of the full text of an ordinance, but only upon a 4/5ths vote of the City Council. Attached please find the summary for the recently adopted Ordinance 784, an emergency ordinance establishing a one year moratorium on the installation, erection, construction, replacement, modification or improvement of static or changing electronic, digital, video, display signs or billboards and flashing, motion, animated, changeable copy and illuminated signs in all zoning districts. Recommendation: Staff recommends approval of Resolution 7024 which provides direction to staff to publish the summary for Ordinance 784 in lieu of the full ordinance in the official City newspaper. Respectfully submitted, ________________________ James Ericson Community Development Director RESOLUTION NO. 7024 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION PROVIDING DIRECTION TO STAFF TO PUBLISH THE SUMMARY OF EMERGENCY ORDINANCE 784 IN THE OFFICIAL CITY NEWSPAPER IN LIEU OF THE FULL TEXT OF THE ORDINANCE WHEREAS, Section 3.07 of the Mounds View City Charter provides authority to the City Council to allow for the publication of an ordinance summery rather than the full text of ordinance; and, WHEREAS, pursuant to the Charter, the City Council must determine that publication of the title and a summary of an ordinance would clearly inform the public of the intent and effect of the ordinance; and, WHEREAS, pursuant to the Charter, the City Council must review and approve said summary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View has determined that publication of the title and summary of Emergency Ordinance 784 will clearly inform the public of the intent and effect of the ordinance and has reviewed and approved said summary, attached as Exhibit A. Adopted this 26th day of February, 2007. _______________________________________ Rob Marty, Mayor ATTEST: _______________________________________ Kurt Ulrich, City Administrator (seal) ORDINANCE SUMMARY EMERGENCY ORDINANCE NO. 784 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA “AN EMERGENCY ORDINANCE ESTABLISHING A ONE YEAR MORATORIUM ON THE INSTALLATION, ERECTION, CONSTRUCTION, REPLACEMENT, MODIFICATION OR IMPROVEMENT OF STATIC OR CHANGING ELECTRONIC, DIGITAL, VIDEO, DISPLAY SIGNS OR BILLBOARDS AND FLASHING, MOTION, ANIMATED, CHANGEABLE COPY AND ILLUMINATED SIGNS IN ALL ZONING DISTRICTS” On February 12, 2007, the Mounds View City Council adopted an emergency ordinance to provide for a one year time frame to review and possibly amend the City Code pertaining to electronic, flashing, animated or other changeable copy signs in the City during which time no new such signs shall be permitted. The ordinance, along with the full text of the City’s Sign Code, are on file and available for public viewing at the office of the Clerk Administrator. The emergency ordinance is posted in its entirety on the City’s website, located at www.ci.mounds-view.mn.us/ords/784.pdf. Kurt Ulrich, City Clerk-Administrator EXHIBIT A. Item No: 8E Meeting Date: 02/26/07 Type of Business: CA City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kurt Ulrich, City Administrator Item Title/Subject: Resolution 7025 Adopting Council Policy 2007-01 Establishing a Policy for Citizen Agenda Items This item was discussed by the Council at the February 5, 2007 work session. Purpose: The purpose of this policy is to allow the public to formally present items of public interest before the Council as regular agenda items, thereby allowing additional time in excess of the 3 minutes per speaker provided under Public Input section of the agenda. Policy: 1) Any City resident, business, property owner, or organized group thereof, may request an opportunity to present an item before the Council as an agenda item. 2) Requests shall be made to the City Clerk Administrator, to the Mayor, or any City Council Member. All requests shall be forwarded to the City Clerk/Administrator and shall have the concurrence of at least two Council Members for consideration as an agenda item. 3) All requests shall be made in writing, clearly stating the subject matter, time duration, and the date of the presentation. 4) Presentations shall be limited to10 minutes in length. 5) The City Clerk Administrator will make every attempt to accommodate the request as specified, however, the City Clerk/Administrator and Mayor/City Council reserve the right to reschedule, limit, or restrict any presentation as they deem necessary for the safe, efficient and effective conduct of public business. 6) The deadline for the submittal of requests shall be the end of the business day, the Wednesday prior to the meeting if the meeting falls on a Monday. If the meeting falls on another day of the week, the request shall be submitted at least four business days in advance of the meeting. 7) Any request received after the above deadline will be scheduled for the following work session or regular meeting. As an alternative, the petitioner may present a request for agenda consideration to the Council at the Public Input section of the agenda for consideration by the Council to add as an agenda item at that meeting. Appeal: Any decision by the City Clerk/Administrator in regard to this policy may be appealed directly to the City Council under the Public Input section of any regular meeting. Recommendation: It is recommended that the City Council adopt the attached Resolution 7025 adopting Council Policy 2007-01 establishing a policy for citizen agenda items. Attached is the form to be used by residents. CITIZEN REQUEST FOR COUNCIL AGENDA ITEM The purpose of this policy is to allow the public to formally present items of public interest before the Council as regular agenda items, thereby allowing additional time in excess of the 3 minutes per speaker provided under Public Input section of the agenda. Request Description: Name: ___________________________________________________________ Organization (if any): ________________________________________________ Subject Matter: ____________________________________________________ Length of Presentation: ______________________________________________ (note: not to exceed 10 minutes) Agenda Date Requested: ____________________________________________ Request submitted to: ___ Mayor ___ Council Member _________________ ___ Council Member _________________ ___ City Administrator Please note the following guidelines: 8) Any City resident, business, property owner, or organized group thereof, may request an opportunity to present an item before the Council as an agenda item. 9) Requests shall be made to the City Clerk Administrator, to the Mayor, or any City Council Member. All requests shall be forwarded to the City Clerk/Administrator and shall have the concurrence of at least two Council Members for consideration as an agenda item. 10) All requests shall be made in writing, clearly stating the subject matter, time duration, and the date of the presentation. 11) Presentations shall be limited to10 minutes in length. 12) The City Clerk Administrator will make every attempt to accommodate the request as specified, however, the City Clerk/Administrator and Mayor/City Council reserve the right to reschedule, limit, or restrict any presentation as they deem necessary for the safe, efficient and effective conduct of public business. 13) The deadline for the submittal of requests shall be the end of the business day, the Wednesday prior to the meeting if the meeting falls on a Monday. If the meeting falls on another day of the week, the request shall be submitted at least four business days in advance of the meeting. 14) Any request received after the above deadline will be scheduled for the following work session or regular meeting. As an alternative, the petitioner may present a request for agenda consideration to the Council at the Public Input section of the agenda for consideration by the Council to add as an agenda item at that meeting. Note: Any decision by the City Clerk/Administrator in regard to this request may be appealed directly to the City Council under the Public Input section of any work session or regular Council meeting. RESOLUTION NO. 7025 CITY OF MOUNDS VIEW COUNTY Of RAMSEY STATE OF MINNESOTA ADOPTING COUNCIL POLICY 2007-01 ESTABLISHING A POLICY FOR CITIZEN AGENDA ITEMS WHEREAS, the City of Mounds View believes Citizen communication is one of its highest priorities, and WHEREAS, the City of Mounds View believes it is important to provide residents adequate opportunity to express viewpoints at regular City meetings, and WHEREAS, the City wishes to establish a policy that provides for orderly and effective citizen communication at meetings, and NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby adopt the following policy: Policy for Citizen Agenda Items Purpose: The purpose of this policy is to allow the public to formally present items of public interest before the Council as regular agenda items, thereby allowing additional time in excess of the 3 minutes per speaker provided under Public Input section of the agenda. Policy: 1) Any City resident, business, property owner, or organized group thereof, may request an opportunity to present an item before the Council as an agenda item. 2) Requests shall be made to the City Clerk Administrator, to the Mayor, or any City Council Member. All requests shall be forwarded to the City Clerk/Administrator and shall have the concurrence of at least two Council Members for consideration as an agenda item. 3) All requests shall be made in writing, clearly stating the subject matter, time duration, and the date of the presentation. 4) Presentations shall be limited to10 minutes in length. 5) The City Clerk Administrator will make every attempt to accommodate the request as specified, however, the City Clerk/Administrator and Mayor/City Council reserve the right to reschedule, limit, or restrict any presentation as they deem necessary for the safe, efficient and effective conduct of public business. 6) The deadline for the submittal of requests shall be the end of the business day, the Wednesday prior to the meeting if the meeting falls on a Monday. If the meeting falls on another day of the week, the request shall be submitted at least four business days in advance of the meeting. 7) Any request received after the above deadline will be scheduled for the following work session or regular meeting. As an alternative, the petitioner may present a request for agenda consideration to the Council at the Public Input section of the agenda for consideration by the Council to add as an agenda item at that meeting. Appeal: Any decision by the City Clerk/Administrator in regard to this policy may be appealed directly to the City Council under the Public Input section of any regular meeting. Adopted this 26th day of February 2007. ________________________________ Rob Marty, Mayor ATTEST: _________________________________ Kurt Ulrich, City Administrator (SEAL) Item No: 8F Meeting Date: 02/26/07 Type of Business: CA City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kurt Ulrich, City Administrator Item Title/Subject: Resolution 7026 Supporting House File 847 Authorizing Cities to Adopt Ordinances to set and Impose Administrative Penalties Background: This item was discussed at previous work sessions and was adopted as one of the City’s legislative priorities. There is currently a bill before the House (HF 847) that would allow cities the ability to issue administrative penalties for minor traffic violations (see attached League of MN Cities article). In past years this issue has also been considered by the legislature without a clear resolution. In March 2005, two bills were considered that attempted to resolve the conflicting interpretations of existing law. HF 2004/SF 1042, a bill that would have allowed cities to impose administrative penalties for low-level moving violations, did not become law. It did advance after lengthy testimony in the Senate Transportation Committee, but was not heard at the next stop—in the Crime Prevention and Public Safety Committee. The current bill proposed (HF847) is very similar in language to this previous attempt. A companion bill in the Senate is expected to be introduced shortly. Discussion: In Mounds View’s case, the Administrative Offense is typically a petty misdemeanor level offense for which the city imposes a fine. Using the administrative offenses for these types of offenses has been referred to as "warnings with a consequence." Prior to the administrative offense option many of these lesser offenses were dealt with by a warning from the police officer. Having the administrative offense option gives the police a level of consequence between nothing (warnings) and getting hit with a large fine. The fine imposed for the use of an administrative offense is significantly less then a fine that would be imposed with the corresponding state citation for the same offense. For example, with a state citation, speeding by traveling 35 miles an hour in a 30 mph zone carries a fine of $105, while the city administrative offense carries a fine of $40 for the same violation. Police Officers have been concerned about the financial impact the large fine associated with the state citation would have on residents and have shown some reluctance to issue such citations. Many people working for minimum or minimal wages cannot afford a $105 fine. From a County perspective, increasing local authority could help relieve the congested court system. Administrative citations remove many minor offenses from that system freeing court staff for more serious cases. The administrative citation does not go on one's driving record. Opponents have argued this gives an inaccurate picture of one's true driving record, but then verbal and written warnings do not go on one's driving records either. Opponents have also accused cities of using administrative offenses to raise revenue. Citations are not moneymakers for cities, whether they are administrative or court citations. They do not pay the cost of the officer’s time, the records clerk's time, the prosecutor’s costs or equipment costs involved in issuing the citation. Unfortunately, opinions from the State Auditor and the Attorney General's office suggest that cities and towns do not have the authority to enact ordinances to allow for administrative citations. We are hopeful that this issue may ultimately be resolved by the Legislature. The Minnesota Chiefs of Police Association recommends that the Legislature resolve this issue by enacting legislation to give clear authority to local units of government to pass ordinances allowing law enforcement to use administrative citations. To date, although there have been a number of legislative bills proposed which either prohibited or allowed administrative citations, none have passed. The City of Mounds View has used administrative citations for the following offenses: - Parking within 30 Ft. of Stop Sign -Other Illegal Parking -Load limit Violation -Leaving Keys in ignition -Expired Plates -Plate/Tabs Missing -Seatbelt Violation -Animal Ordinance Violations -Loud Party Is/Noise Ordinance -Fireworks -Trespass -Park Ordinance -Snowmobile Ordinance -Loitering -Public Nuisance -Beer/Alcohol in Public -Housing Code -House Numbers -Streets and Driveways -Garbage, Illegal Dumping -Zoning Violations -Buildings and Fire Codes -Wetlands -Speeding, minor violations -Semaphore -Stop Sign -Illegal Lane Use -No Parking 2 A.m.-6 A.m. -Fire Lane/Hydrant Parking -Snowbird Parking -Truck Parking -Handicapped Parking In addition to the Police Chiefs, this bill has the support of the League of Minnesota Cities, Ramsey County, and a number of communities throughout the County and State. In addition, staff is currently working with the Charter Commission to develop language for the Charter that will strengthen the City’s ability to use administrative offences on property violations. Recommendation: It is recommended that the City Council adopt the attached Resolution 7026 Supporting House File 847 Authorizing Cities to Adopt Ordinances to set and Impose Administrative Penalties. RESOLUTION NO. 7026 CITY OF MOUNDS VIEW COUNTY Of RAMSEY STATE OF MINNESOTA SUPPORTING HOUSE FILE 847 AUTHORIZING CITIES TO ADOPT ORDINANCES TO SET AND IMPOSE ADMINISTRATIVE PENALTIES WHEREAS, the City of Mounds View believes local control best serves the best interest of local residents, and WHEREAS, using the City-issued administrative offenses for minor offenses has been referred to as "warnings with a consequence" and provides an effective option for the police to issue a level of consequence between nothing (warnings) and getting hit with a large fine, and WHEREAS, the City is concerned about the financial impact the large fine associated with the state citation has on residents who may be working for minimum or minimal wages and cannot afford a $105 fine, and WHEREAS, Police Departments of small communities can be overburdened with call back time for officers required to make court appearances on state citations, and WHEREAS, increasing local authority could help relieve the congested court system because Administrative citations remove many minor offenses from that system freeing court staff for more serious cases, and WHEREAS, the Minnesota Chiefs of Police Association, the League of Minnesota Cities and many municipalities recommend that the Legislature resolve this issue by enacting legislation to give clear authority to local units of government to pass ordinances allowing law enforcement to use administrative citations. WHEREAS, opinions from the State Auditor and the Attorney General's office suggest that cities and towns may not have the ability to issue administrative fines, but the State Statutes remain unclear regarding this issue, and NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby adopt Resolution 7026 Supporting House File 847 Authorizing Cities to Adopt Ordinances to set and Impose Administrative Penalties. Adopted this 26th day of February 2007. ________________________________ Rob Marty, Mayor ATTEST: _________________________________ Kurt Ulrich, City Administrator (SEAL) CITY OF MOUNDS VIEW CITY COUNCIL WORK SESSION AGENDA MOUNDS VIEW CITY HALL Monday, March 5, 2007 7:00 p.m. ROLL CALL: Marty, Stigney, Flaherty, Hull, Mueller PUBLIC COMMENT Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes and sign in on the sign-in sheet located on the podium. Agenda Items Discussed by Consensus _________ 1. Parks and Public Works A. Future Street and Utility Reconstruction Projects Discussion B. Consider Park/Facility Naming Policy _________ 2. Community Development A. Review Proposed Tree Preservation Ordinance B. Review Chapter 1009 of the City Code Pertaining to Swimming Pools C. Review Accessory Structures Ordinance and Residential Design Control Guidelines D. Renaming of County Road 10 _________ 3. Police A. Discuss the possibility of a Bee Keeping Ordinance B. Consider color change to Black and White for Squad Cars _________ 4. Administration A. Review 2006 Mounds View Citizenship Award Nominations B. Establish Date for Council City Bus Tour C. Policy in Regard to Recruitment and Appointment of Commission Members D. Policy for Council/Resident/Staff Communications E. Employee Recognition Policy F. Employee Appreciation Day G. Car-a-Van Funding Request Next Work Session: Monday, April 2, 2007@ 7pm Next City Council Meeting: Monday, March 12, 2007 @7pm