Legals June 11, 2017
No. 24598 NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Kalispell is considering an amendment to the Kalispell Growth Policy 2020 to adopt the updated Growth Policy - Plan It 2035 document for the City of Kalispell. The Kalispell City Planning Board has considered the amendment, held a public hearing on April 11, 2017, adopted report #KGPA-14-01 as the findings of fact and recommended approval of the proposed Growth Policy - Plan It 2035 amendment to the Kalispell City Council. The City Council, on June 5, 2017, passed a Resolution of Intention to Adopt, Revise or Reject a Recommended Amendment to the Kalispell Growth Policy 2020. On June 19, 2017, at 7:00 pm in the City Hall Council Chambers, 201 First Avenue East, Kalispell, the City Council of the City of Kalispell will hold a public hearing regarding the proposed amendment. Council may consider Resolutions to Adopt, Revise, or Reject said amendment at the July 3, 2017 regular meeting. Further information is available on-line at https://www.time.ci.kalispell.mt.us/weblink/0/doc/80439/Page1.aspx or contact the City Clerk at (406) 758-7756. Aimee Brunckhorst, CMC City Clerk June 11, 18, 2017 MNAXLP
No. 24489 NOTICE OF PUBLIC HEARING The Board of Commissioners of Flathead County, Montana, hereby gives notice, pursuant to Section 76-2-205(1), M.C.A., that it will hold a public hearing to consider a request by Mary Jo Naïve and River Road Properties, LLC to change the zoning designation in a portion of the Bigfork Zoning District from AG-20 (Agricultural) to SAG-5 (Suburban Agricultural). The boundaries of the area proposed to be amended from AG-20 to SAG-5 are described as: Tract 2B: The North Half of the South Half of the Northeast Quarter of the Southeast Quarter (N1/2S1/2NE1/4SE1/4) of Section 12, Township 27 North, Range 20 West, M.P.M., Flathead County, Montana. Together with an easement for the purpose of ingress and egress and for utilities purposes, to and from the above recited real property, as more fully described in the easement set forth on the deed recorded in Book 650, Page 05, records of Flathead County, Montana. Subject to easement recorded August 24, 1962 under Recorder's Fee No. 6480 in Book 447, Page 580, records of Flathead County, Montana. Subject to easement recorded June 9, 1976 under Recorder's Fee No. 5964 in Book 598, Page 450, records of Flathead County, Montana. Tract 1 of Certificate of Survey No. 4082; AND Tract 2BA: The South Half of the South Half of the Northeast Quarter of the Southeast Quarter (S2S2NE1/4SE1/4) of Section 12, Township 27 North, Range 20 West, P.M.M., Flathead County, Montana. Tract 2 of Certificate of Survey No. 4082. The regulations defining the AG-20 and SAG-5 zones are contained in the Flathead County Zoning Regulations on file for public inspection at the County Commissioners' Office, located at 800 S Main, Room 302, Kalispell, Montana, at the Flathead County Planning and Zoning Office, 40 11th Street West, Kalispell, Montana, and on the Flathead County Planning and Zoning Office's website at: http://flathead.mt.gov/planning_zoning/downloads.php. Documents related to the proposed zone change are also on file for public inspection at the Commissioners' Office and at the Flathead County Planning and Zoning Office. The public hearing will be held on the 27th day of June, 2017, at 10:30 o'clock a.m. in the Commissioners' Chambers, Third Floor, Old Courthouse, Kalispell, Montana. At the public hearing, the Board of Commissioners will give the public an opportunity to be heard regarding the proposed change to the Bigfork Zoning District. Written comments are encouraged and will be reviewed by the Commissioners prior to the hearing if received by the Flathead County Commissioners' Office at least three business days prior to the hearing. DATED this 2nd day of May, 2017. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Gary D. Krueger Gary Krueger, Chairman June 11, 18, 2017 MNAXLP
No. 24563 LIBRARY BOARD VACANCY The Flathead County Commissioners are seeking citizens who are interested in serving on the Flathead County Library Board of Trustees. There is currently an opportunity to fill an unexpired term that will begin upon appointment and continue through June 30, 2018. The job description can be viewed at http://imagineiflibraries.org/about-us/board-of-trustees/. An application packet is available by calling Teri Dugan of ImagineIF Libraries at 758-5821. Your letter of interest and completed application packet should be received no later than 12:00 PM on Friday, June 30, 2017 and can be submitted to: Flathead County Commissioners 800 South Main, Room 302 Kalispell, MT 59901 June 4, 11, 2017 MNAXLP
No. 24599 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION FLATHEAD COUNTY ZONING REGULATIONS The Board of Commissioners of Flathead County, Montana hereby gives notice pursuant to Section 76-2-205(5), M.C.A. that it passed a resolution of intention, Resolution No. 955HW, to consider amending the text of the Flathead County Zoning Regulations. The proposed amendment would amend Sections 3.04, 3.05, 3.06, 3.07, 3.08, 3.09, 3.10, 3.11, 3.12, 3.13. 3.14, 3.15, 3.33, 3.34, 3.37, 3.38, 3.39, 3.42, and 3.43 to add Short-Term Rental Housing as a use that requires Administrative Conditional Use approval. The proposal also requests to add Conditional Use Standards for Short-Term Rental in Chapter IV which include the following: SECTION 4.16 SHORT-TERM RENTAL HOUSING 4.16.010 Short-Term Rental Housing is defined as a residential use in a dwelling unit designed for such use for periods of time less than 30 days. Short-Term Rental Housing may be referred to as vacation rentals or resort dwelling units. 4.16.020 The use of a dwelling as Short-Term Rental Housing requires Administrative Conditional approval as outlined in Section 2.06.045. 4.16.030 Maximum occupancy shall be the sewage capacity as determined by the Flathead City-County Environmental Health Department or the applicable sewer district. 4.16.040 The applicant for Short-Term Rental Housing approval is responsible for reviewing and adhering to all Covenants, Conditions and Restrictions in place or any other Homeowner Association documents. Flathead County shall not be responsible for the determination as to compliance with such Covenants, Conditions and Restrictions and shall have no duty to enforce them. 4.16.050 No additional signage on the property is allowed other than typical address numbers. 4.16.060 The name and number of a local contact person or management company shall be provided with the Administrative Conditional Use application. This contact person or management company shall be available 24 hours a day, seven days a week and be able to arrive at the subject property within one hour should there be an emergency or problem. The contact information for the local contact person or management company shall be sent via certified mail by the applicant to all property owners within 150 feet of the property applying for Short-Term rental housing. 4.16.070 All Short-Term Rental Housing shall obtain a State of Montana Public Accommodation License for a Tourist Home. This license is administered by the Flathead City-County Health Department and is subject to annual inspections. 4.16.080 Short-Term Rental Housing is subject to the State Bed Tax and the property owner is responsible for collecting the tax and conveying those monies to the State of Montana Department of Revenue. 4.16.090 The property being utilized as Short-Term Rental Housing shall have adequate off-street parking spaces. 4.16.100 Should the ownership of the residence approved for Short-Term Rental Housing change, the new owner(s) shall apply for an Administrative Conditional Use Permit in their name. 4.16.110 The approval of an Administrative Permit for Short-Term Rental Housing is subject to suspension or revocation should any of these standards and any additional conditions of approval not be met, or if there are substantive and valid complaints of disturbances of the peace or health and safety violations related to the operation of Short-Term Rental Housing. The decision to suspend or revoke an Administrative Conditional Use Permit shall be made after a hearing before the Flathead County Board of Adjustment and shall follow the procedures outlined in Section 2.06.040. The Flathead County Zoning Regulations are on file for public inspection at the Office of the Clerk and Recorder, 800 South Main, Kalispell, Montana, at the Flathead County Planning and Zoning Office, 40 11th Street West, Kalispell, Montana, and on the Flathead County Planning and Zoning Office's website at: http://flathead.mt.gov/planning_zoning/downloads.php. Documents related to the proposed amendments, including the Flathead County Zoning Regulations showing the proposed amendments to the text, along with the current Flathead County Zoning Regulations, are available for public inspection at the Of¬fice of the Board of County Commissioners and the Flathead County Planning and Zoning Office. For thirty (30) days after the first publication of this notice, the Board of Commissioners will receive written protests to the change proposed for a portion of the Flathead County Zoning Regulations from persons owning real property within that District whose names appear on the last completed assessment roll of Flathead County and who either are registered voters in Flathead County or execute and acknowledge their protests before a notary public. DATED this 6th day of June, 2017. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Gary D. Krueger Gary D. Krueger, Chairman June 11, 18, 2017 MNAXLP
No. 24569 INVITATION TO BID CROW DAM BRIDGE REPLACEMENT PROJECT CSKT/SOD 17-01 The Confederated Salish & Kootenai Tribes Safety of Dams Program invites interested contractors to submit a bid for the CROW DAM BRIDGE REPLACEMENT PROJECT. The Project is located at the Crow Dam Bridge which crosses Crow Creek below the Crow Dam Outlet Works portal. Furthermore, the bridge is located approximately 6.5 southwest of Ronan, MT on the Flathead Reservation. The Project includes the removal of an existing railroad car bridge and wooden abutments, installation of pre-fab concrete grade beams, wingwalls and backwalls, furnishing and installing a 64 foot long x 16 foot wide steel bridge across Crow Creek and constructing the bridge road approaches. Plans, specifications and bidding documents for this project may be obtained from: Confederated Salish & Kootenai Tribes, Program, Attn: Dan Lozar, P.O. Box 278, Pablo, MT 59855, phone 406-676-2600, email: dan.lozar@cskt.org. Plans, specifications and bidding documents may also be viewed and downloaded at the following web site: http://nrd.csktribes.org/water-management/sod The successful bidder will be required to enter into an agreement with the Tribes to conduct this project. A pre-bid meeting will be held at the bridge site at 2:00 A.M. on June 20, 2017. Contractor sealed-bids must be submitted on the supplied bid forms and received at the address listed in the solicitation for bid opening no later than 2:00 P.M. (local time), June 29, 2017. This is an Indian Preference Bid project with Indian Preference provisions. The selection of the successful contractor and award of this project will be per the provisions of the Confederated Salish and Kootenai Tribes Indian Preference Ordinance 101A. Tribal Contractors who wish to receive Indian Preference must obtain certification by the Confederated Salish and Kootenai Tribes Indian Preference Office as a legitimate Indian- owned business prior to the submission of bids. Proof of Indian Preference Certification must be included with your bid in the form of a copy of the Certificate issued by the Indian Preference Office. Be advised that evidence of your membership or affiliation with a Tribe does not constitute Indian Preference Certification. Contractors must be certified by the Indian Preference Office in order to claim Indian preference. It is the sole responsibility of the bidder to obtain and provide proof of Indian Preference certification from the Indian Preference Office. June 11, 18, 25, 2017 MNAXLP
No. 24578 NATIONAL FOREST TIMBER FOR SALE FLATHEAD NATIONAL FOREST Bid Date: 2:00 p.m., July 11, 2017 . The Lost Beetle Timber Sale is located within Portions of Sections 19, 30, 31, 32, T29N, R23W; Sec. 24, T29N, R24W, Flathead County, State of Montana, PMM. The Forest Service will receive SEALED bids at the Forest Supervisor's Office, Kalispell, MT at 2:00 PM local time on July 11, 2017 for an estimated volume of 305 Tons of Lodgepole pine Sawtimber and 9,810 Tons of Douglas-fir and Other Species of Sawtimber marked or otherwise designated for cutting. There is also 6,943 Tons of Non-sawtimber that will be sold at a fixed rate. The Forest Service reserves the right to reject any and all bids. A prospectus, bid form, and complete information concerning the timber, the conditions of the sale, and submission of bids is available to the public from the Flathead National Forest Supervisor's Office, 650 Wolfpack Way, Kalispell, MT. The USDA is an Equal Opportunity Provider and Employer. June 11, 2017 MNAXLP
No. 24601 NATIONAL FOREST TIMBER FOR SALE FLATHEAD NATIONAL FOREST Bid Date: 2:00 p.m., July 5, 2017 The Niccolucci Decks Timber Sale is located within Portions of Sections 11 and 25, T31N, R24W; Sec. 30, T31N, R23W; Flathead County, State of Montana, PMM. The Forest Service will receive SEALED bids at the Forest Supervisor's Office, Kalispell, MT at 2:00 PM local time on July 5, 2017 for an estimated volume of 140 CCF of decked Douglas-fir and Other species of Sawtimber and 280 CCF of decked Douglas-fir and Other species of Non-sawtimber, designated for sale. The Forest Service reserves the right to reject any and all bids. A prospectus, bid form, and complete information concerning the timber, the conditions of the sale, and submission of bids is available to the public from the Flathead National Forest Supervisor's Office, 650 Wolfpack Way, Kalispell, MT. The USDA is an Equal Opportunity Provider and Employer. June 11, 2017 MNAXLP
No. 24551 NOTICE OF TRUSTEE'S SALE To be sold for cash at Trustee's Sale on the 3rd day of August, 2017, at 1:30 o'clock p.m., at the front door of the Flathead County Justice Center, 920 South Main, Kalispell, Montana, is the following property: Lot 13 of Brunner Tracts, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana; together with all buildings, fixtures and improvements thereon and all water rights, rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, privileges and appurtenances thereunto belonging, used or enjoyed with said property, or any part thereof. Rebecca J. Keys, as Grantor, conveyed the above-described property to Insured Titles, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc. (MERS), solely as Nominee for Glacier Bank, as Beneficiary, by Trust Indenture, dated November 29, 2011, and recorded November 30, 2011, as Instrument No. 201100024801, records of the Clerk and Recorder of Flathead County, Montana. The beneficial interest in the Trust Indenture is currently held by Montana Board of Housing as a result of the most recent Assignment, recorded February 21, 2017, as Instrument No. 201700003661, records of the Clerk and Recorder of Flathead County, Montana. The Trustee in the Trust Indenture was replaced by a Successor Trustee, namely, Mark E. Noennig, the undersigned. The default in the obligation, the performance of which is secured by the aforementioned Trust Indenture, and for which default this foreclosure is made, is the failure by the Grantor, or other person owing an obligation, or by their successors-in-interest, to pay the monthly installments of $708.00 each due thereunder on the 1st day of each of the months of September, 2016, through March, 2017, which is applied to principal and interest and to an escrow account if established for other obligations under the Trust Indenture, late charges which are 4.00% of all payments more than 15 days in arrears, currently $194.12, attorney's fees and foreclosure costs, currently $1,452.00, advances for property protection, currently $100.00, for a current total default of $6,702.12; together with accruing late charges, advances, and expenses of foreclosure, including attorney's fees and costs. There is presently owed on the obligation secured by the Trust Indenture the principal sum of $91,389.93 plus interest thereon at the rate of 3.7500% per annum from the 1st day of August, 2016, until paid, or $9.3894 per day, currently a total of $2,131.39, late charges, advances for property protection, and escrow shortages, currently, $1,337.55, attorney's fees and costs, currently $1,452.00, for a current total indebtedness of $96,310.87. Other expenses to be charged against the sale proceeds include accruing late charges, escrow shortages, if any, attorney's fees and costs, and expenses of foreclosure and sale. The Beneficiary has elected to sell the above-described property to satisfy the aforementioned obligation and has instructed the undersigned Trustee to do so. The sale is a public sale and any person, including the beneficiary, excepting only the Trustee, may bid at the sale. The bid price must be paid in cash. The conveyance will be by a Trustee's Deed, made "as is," without representations or warranties, express or implied, including warranties of title, possession or encumbrances. The purchaser shall be entitled to possession of the property on the 10th day following the sale. The sale may be postponed up to 15 days for any reason by public proclamation at the scheduled sale. If there is a stay by bankruptcy or court order, the sale may be postponed up to 30 days at a time by public proclamation, for a total of no more than 120 days. The grantor, successor in interest to the grantor, or any other person having an interest in the property, at any time prior to the Trustee's Sale, may pay to the beneficiary the entire amount then due under the Trust Indenture and the obligation secured thereby (including costs and expenses actually incurred and attorney's fees) other than such portion of the principal as would not then be due had no default occurred and thereby cure the default theretofore existing. THIS IS AN ATTEMPT TO COLLECT A DEBT; ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. DATED this 16th day of March, 2016. /s/ Mark E. Noennig MARK E. NOENNIG, Trustee P.O. Box 2502 208 North Broadway, Suite 324 Billings, Montana 59103-2502 STATE OF MONTANA : ss. County of Yellowstone On this 16th day of March, 2016, before me, the undersigned, a Notary Public for the State of Montana, personally appeared MARK E. NOENNIG, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity as Trustee. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. /s/ Sarah Lacey Rose SARAH LACEY ROSE Notary Public for the State of Montana Residing at Billings, Montana My commission expires: 6/27/2018 May 28, June 4, 11, 2017 MNAXLP
No. 24577 INVITATION TO BID Separate sealed bids for construction of the South Elementary School Foundation Steel CMU & Underground Plumbing/Electric Bid Package will be received by Kalispell School District No. 5 at 233 1st Avenue East, Kalispell, MT 59901 until 2:00 PM local time on Tuesday June 20th, 2017 and then publicly opened and read aloud. The project generally consists of, but is not necessarily limited to, Building Excavation & Backfill, Concrete Materials, Building Rebar, Building Concrete Place & Finish, Masonry - Structural CMU, Metals Fabrication & Erection. The complete Invitation to Bid and Contract Documents may be accessed at any and all Builders Exchanges in the State of Montana, or electronically from the Langlas & Associates, Inc. FTP site. Email jclark@langlas.com for FTP address and password. Hard copies of the plans may also be accessed at any of the Langlas & Associates, Inc. offices, located in Billings, Bozeman and Missoula. A $150 deposit will be required to obtain each full set of Bid Documents. Deposit is 100% refundable, provided that all documents are returned within ten (10) days after the bid opening in re-usable condition, including all addenda. No bid may be withdrawn after the scheduled time for the public opening of the Bids specified above. Payment and performance bonds may be required at the discretion of the Construction Manager and Owner. Refer to bid documents. The right is reserved to reject any or all Proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the Kalispell School District No. 5. The CONTRACTOR(S) is required to be on Equal Opportunity Employer. June 4, 11, 18, 2017 MNAXLP
No. 24580 INVITATION TO BID Sealed bids will be received until the closing time of 2:00 p.m. on JUNE 27, 2017, and will be publicly opened and read aloud in the offices of the Architecture & Engineering Division, 1520 East Sixth Avenue (Rm. 33), P.O. Box 200103, Helena MT 59620-0103, for: STABILIZE SWAN RANGER STATION, SWAN RIVER STATE FOREST - DEPT. OF NATURAL RESOURCES & CONSERVATION, 34925 MT HWY 83, SWAN LAKE, MONTANA, A/E #2016-38-03. Bids shall be submitted on the form provided within the Contract Documents. Contract documents may be obtained from the offices of: ADLER ARCHITECTS, INC. 210 N. HIGGINS AVE. STE 334 MISSOULA MT 59802 406 549-4861 Fax: 406 549-4844 e-mail: adler@bigsky.net A PRE-BID WALK-THROUGH IS SCHEDULED FOR TUESDAY, JUNE 13, 2017, at 1:00 p.m. TURN WEST AT 34925 MT HWY 83, BETWEEN HWY 83 MILE MARKER -58- and (closer to) -59-. PARTICIPANTS WILL MEET IN DNRC'S ADMINISTRATIVE OFFICE BUILDING (FIRST ON THE COMPOUND). ATTENDANCE IS STRONGLY RECOMMENDED. Bids must be accompanied by a bid security meeting the requirements of the State of Montana in the amount of 10% of the total bid. After award, the successful bidder must furnish an approved Performance Security and a Labor & Material Payment Security each in the amount of 100% of the contract. No bidder may withdraw his bid for at least thirty (30) calendar days after the scheduled time for receipt of bids except as noted in the Instructions to Bidders. The Owner reserves the right to reject any or all bids and to waive any and all irregularities or informalities and the right to determine what constitutes any and all irregularities or informalities. ARCHITECTURE & ENGINEERING DIVISION DEPT. OF ADMINISTRATION STATE OF MONTANA June 4, 11, 18, 2017 MNAXLP