The owner of property at 1410 3rd Avenue Southwest (Lots 1 and 2, Block 11, GF Community Hall Addition), was issued a "Notice of Public Hearing" to show cause why the owner should not be liable for the costs incurred in clean-up of the property. The following expenses were incurred cleaning up the property: administrative fee, ownership and encumbrance report, recording fee, legal ad, and the actual cleanup costs which totaled $1,637.

Mayor pro-tempore Beecher declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9514. Mayor pro-tempore Beecher closed the public hearing.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9514.

Motion carried 4-0

The owner of property at 2308 8th Avenue North (Lot 2, Block 113, GF 11th Addition) was issued a "Notice of Hearing" to show cause why the owner should not be liable for the costs incurred in cleaning the property. The following expenses were incurred: administrative fee, ownership and encumbrance report, recording fee, legal ad, mowing and clean-up, Police Department stand-by, and the Community Development Department Code Enforcement Technician, which totaled $688.60.

Mayor Pro-tempore Beecher declared the public hearing open. No one appeared to speak in support of or opposition to Resolution 9516. Mayor Pro-tempore Beecher closed the public hearing.

Commissioner Rosenbaum moved, seconded by Commissioner Hinz, that the City Commission adopt Resolution 9516.

Motion carried 4-0.

Fiscal Services Director Coleen Balzarini reported that staff received a signed petition from the developer of Meadowlark Addition No. 3 requesting street lights be installed along Beargrass Drive. The petition was for the installation of nine (9) 100 watt HPS street lighting units on 17 foot fiberglass poles with underground wiring. The district would consist of 18 properties.

The special assessment for the installation cost of the improvements would be payable over a term not to exceed 15 years. The estimated annual special improvement assessment would be $74.33 for an average lot of 10,510 square feet. After the street lights are installed there would also be an ongoing estimated annual maintenance assessment of $50.45 for an average lot of 10,510 square feet for energy, transmission, distribution and other ongoing related costs.

MCA 7-12-4301 and MCA 7-12-4333 authorizes the City Commission to create lighting districts and to assess the cost of installing and/or maintaining the district to the owners of the property embraced within the boundaries of such district.

The City Clerk received two valid protests which represented 13 percent of the amount of the assessment to be levied against the parcels. The developer also protested the creation of the lighting district. However, the developer had waived his right to protest when he signed the annexation agreement for the subdivision.

Mayor Pro tempore Beecher declared the public hearing open. No one spoke in support of Resolution 9498. Andre Hedges, 1300 Beargrass Drive, spoke in opposition to Resolution 9498. She explained that there were only three homeowners on the block and all three of them protested the creation of the district. She stated she did not send her protest in by the specified date which was why her protest was not calculated in the staff report. She added that she did not like the proposed placement of the lights because they would affect her view and were located near her bedroom windows. She also asked why there were three more lights in this district than in Meadowlark 2 Addition.

There being no one further to address the Commission, Mayor Pro-tempore Beecher declared the public hearing closed and asked if the Commission had any questions regarding this issue.

Commissioner Jovick-Kuntz asked why there were more lights in this district than in Meadowlark 2. Ms. Balzarini stated she did not know.

Commissioner Hinz asked Ms. Balzarini to clarify the developer's role in the creation of the lighting district. Ms. Balzarini stated that the developer, at the time the property was annexed into the City, waived his right to protest special lighting districts and special improvement districts. In September 2004, he sent a petition to create the lighting district to Northwestern Energy. In April 2005, Northwestern Energy forwarded the petition to the City. At about that same time the City had adopted a new policy for the City to own the lights in future lighting districts and to provide the power needed rather than simply being a pass-through agency like it had been in the past. When the City received the petition, staff hired an engineer to design the district, obtained cost information for the installation of the light poles and began the lighting district creation process. During the protest period, the developer, who still owns eight lots, officially protested the lighting district.

Mayor Pro-tempore Beecher asked if lights had to be installed in that subdivision. Ms. Balzarini replied that lights were not required to be installed; Staff simply prepared the district creation documents because they received a petition from the developer to do so. Mr. Beecher asked what could be done with Ms. Hedges concerns about the placement of the lights. Ms. Balzarini stated she was unaware of Ms. Hedges concerns, however, she would work with her to see what could be done.

Commissioner Rosenbaum stated that he talked with the developer and understood the developer wanted to have lights installed in Meadowlark 3 but thought that Northwestern Energy would provide them for less money. Mr. Rosenbaum added that he supported the concept of the City owning the lights but there appeared to be some confusion on the actual costs for the district between what the City proposed in the creation resolution versus what the developer was quoted by Northwestern Energy.

Commissioner Jovick-Kuntz moved, seconded by Commissioner Rosenbaum, that the City Commission continue the public hearing and final action on Resolution 9498 until October 18, 2005.

Motion carried 4-0.

Commissioner Hinz moved, seconded by Commissioner Rosenbaum, that the City Commission accept the Consent Agenda as printed.

Motion carried 4-0

There being no further business to come before the Commission, the regular meeting of October 4, 2005, adjourned at 7:40 p.m. and reconvened into Executive Session to consider a personnel issue. The Executive Session was closed because the discussion related to matters of individual privacy, the demands of which exceeded the merits of public disclosure.