Legals July 29, 2018
No. 25561 NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION August 14, 2018 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday August 14, 2018, beginning at 6:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the agenda items listed below: File #'s KGPA-18-02 and KPUD-18-04 - Spartan Holdings, LLC is requesting a Planned Unit Development (PUD) to be knows as Eagle Valley Ranch PUD. Eagle Valley Ranch encompasses approximately 99-acres and creates a new vision for the project site, which is currently known as the Valley Ranch PUD. The Valley Ranch PUD was approved in 2008 and has since lapsed due to inactivity. The original 80-acre Valley Ranch PUD acreage has been increased by approximately 19-acres with the addition of another parcel north of the Kalispell Armory. The proposed development calls for 225 residential lots, 12 mixed-use office/residential lots and an apartment complex site. The north and east perimeter of the development adjacent Ponderosa development is proposed for an approximately 14.7-acre open space/buffer area. There is an additional 3.7-acre, 100-foot open space/buffer area along Highway 93. The proposed development is generally situated along Highway 93 south of Ponderosa Residential Subdivision, east of Northern Pines Golf Course and north of the Montana National Guard facilities in the West 1/2 of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. A more particular project description can be obtained in the Kalispell Planning Department Office. This is a multi-application process and the applicant has submitted the following applications: Growth Policy Map Amendment - The applicants have applied for an amendment to the Kalispell Growth Policy Future Land Use Map on 40-acres of the 99-acre project site from "Suburban Residential" to "Urban Mixed Use." The subject property is currently designated as "Suburban Residential" on the entire 99-acres proposed to be developed. The amendment request is to change the 40-acres from "Suburban Residential" to "Urban Mixed Use" to accommodate the mixed use and apartment sites. Planned Unit Development (PUD) Overlay Zone - The PUD will function in concert with RA-2 and R-3 Zones to provide a comprehensive, integrated development plan providing flexibility of architectural design, density as well as the option to mix land uses on the entire 99-acres. The PUD will be reviewed in accordance with Section 27.19.020(4) of the Kalispell Zoning Ordinance. File # KZC-18-04 - Kalispell Housing Group, LLC is requesting a zoning map/PUD zoning overlay amendment on 16.9-acres of land from R-4/PUD to RA-1/PUD within the Silverbrook PUD. Section 27.19.020(9)(b) requires that individual property owners can bring forth amendments, which shall be processed as an amendment to the official zoning map in accordance with Chapter 27.29 of the Kalispell Zoning Ordinance. The requested zone change encompasses Phase 2B to accommodate a shift in development emphasis from townhomes to condominium and apartment residential uses. Phase 2B is currently approved for 120 townhomes. The requested zone change to RA-1 would permit the development of 48 condominiums and 180 apartment units (increase of 108 units), which would be approved as an amendment to the original Silverbrook PUD zoning overlay. The proposed zone change would encompass a development designed as a transitional residential use between the Neighborhood Commercial business area to the northeast and the low-density single-family development to the south and west. The proposed layout can be summarized as follows: Open space, landscaping and outdoor facilities 10.64 acres or 63% of the total area Parking, roadways and Cul-de-sac 3.79 acres or 22% of total area Condominium and apartment footprints 2.5acres or 15% of total area The property to be rezoned is located south of Church Drive and north of Silvertip Trail between the R-2 single-family portions of the larger Silverbrook PUD and the Neighborhood Commercial area at the northeast corner of the PUD, located within the B-1 Zone. A more particular project description can be obtained in the Kalispell Planning Department Office. Documents pertaining to the agenda items are on file for public inspection at the Kalispell Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public review during regular office hours. In addition, information on the agenda item is posted on our website at www.kalispell.com/planning under "Planning Board Agenda & Staff Reports". Interested persons are encouraged to attend the hearings and present their views and concerns to the Board. Written comments may be submitted to the Kalispell Planning Department at the above address, prior to the date of the hearing or work session, or you may call us at (406) 758-7940, or e-mail us at planning@kalispell.com for additional information. /s/Thomas R. Jentz/KH Thomas R. Jentz Planning & Building Director July 29. 2018 MNAXLP __________________________
No. 25541 INVITATION TO BID Separate sealed bids for procurement of Sequencing Batch Reactor (SBR) Equipment for the City of Whitefish Wastewater Treatment Plant Improvements project will be received by Anderson-Montgomery Consulting Engineers (AMCE) office at 1064 N. Warren St., Helena, MT 59601 (phone: 406-449-3303) until 3:00 p.m. local time on Wednesday, August 15, 2018, and then publicly opened and read aloud. The proposed Goods and Special Services to be provided under this procurement are generally described as follows: SBR Equipment Procurement Furnish and deliver new Sequencing Batch Reactor (SBR) Equipment for construction of a new wastewater treatment facility utilizing sequencing batch reactor technology at the Whitefish Wastewater Treatment Facility at 350 Monegan Road, Whitefish, MT, 59937. The equipment will be installed by an Installation Contractor as part of the Whitefish Wastewater Treatment Improvements Project, to be bid in its entirety in a forthcoming public bid. Generally, the SBR Equipment package should include an aeration system complete with manifolds and drop legs, a positive displacement or rotary compressor blower package, mixing equipment, decanting systems, waste sludge pumps, control valves, instrumentation and controls and an overall SBR control panel with manufacturer's logic programming for complete operation and control of the new SBR treatment basins. The work shall also include the following tasks: Preparation of shop drawings and detailed specifications, with revisions as required by Engineer, Coordination during final design phase with the Engineer Preparation of operation and maintenance manuals with revisions as required by Engineer; Coordination with the eventual Installation Contractor utilized for the treatment plant improvements, Field inspection; testing; startup services; training services; warranty; and Adherence to requirements established by funding agencies. Bids for the proposed Goods and Special Services will be requested under the Base Bid Schedule and Alternate A Bid Schedule, as described in the Bid Form. Bidders shall bid using City bid proposal forms, addressed to Anderson-Montgomery Consulting Engineers at 1064 N. Warren St., Helena, MT 59601 (phone: 406-449-3303) , enclosed in a sealed envelope or suitable container marked plainly on the outside, "SBR Equipment Bid, August 15, 2018". The contract documents, consisting of Drawings and Project Specifications, may be examined online at AMCE's website at www.a-mce.com under the Project Documents page or obtained at the office of AMCE at 1064 N. Warren St., Helena, MT 59601 (phone: 406-449-3303). The Instructions to Bidders and Bid Form outlines specific requirements for all Bidders to observe in submission of a valid bid. The required payment for a complete set of contract documents is $100 per set, which is not refundable. Bidders must purchase a numbered set of drawings & specifications in order to be placed on the official planholders list and submit a responsive bid. Drawings and Project Specifications may also be examined at the following locations: Spokane Regional Plans Center Builders Exchange of Bozeman Montana Contractors Association (Helena) Northwest Montana Plans Exchange, Kalispell Butte Builders Exchange Missoula Builders Exchange Great Falls Builders Exchange Billings Builders Exchange Scheduled Site Visit - A Site Visit will be conducted on Thursday August 2, 2018 at 1:30 p.m. for any bidder wishing to investigate the Point of Destination further. Alternate visits can be scheduled by calling Neil DeZort, P.E., Whitefish Utilities Operations Supervisor, at 406- 863-2451 on or before August 1, 2018. Bidders and any of the Bidders subcontractors submitting a bid on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI) Contractor Registration Unit prior to submitting bids. Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. All laborers and mechanics employed by Bidders or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of and the state of Montana. The Bidders must ensure that employees and applicants for employment are not discriminated against because of their race, color, religious views, sex or national origin. The highest of Montana Prevailing Wage or Federal Davis-Bacon Wage Rates apply to this project. Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, Bid Bond, Bank Money Order, or Bank Draft payable to the City of Whitefish, and drawn and issued by a national banking association located in the State of Montana or by any banking corporation incorporated under the laws of the State of Montana for an amount which shall not be less than ten percent (10%) of the bid, as a good faith deposit. The bid security shall identify the same firm as in noted on the bid proposal forms. No bid will be considered which includes Federal or State excise tax, since the City is exempt therefrom. This project is funded with loan funding from the Montana Water Pollution Control State Revolving Fund (SRF). Award of the project will be contingent upon available funding and award concurrence from Montana SRF fund program officials. DBE Subcontractor Solicitation Requirements Bidders on this Work will be required to comply with Title 40 CFR Part 33. The requirements for Bidders and Contractors under this regulation concerning utilization of Small, Minority, and Women Business Enterprises (DBE) are explained in the Specifications. The goal for Minority Business Enterprises (MBE) is 2% of the total dollar value of the Project. The goal for Women Business Enterprises (WBE) is 3% of the total dollar value of the Project. Gross Receipts Withholding Requirements Bidders are notified of the requirements of Section 15-50-206(2)(3), MCA. The Owner is required to withhold one percent (1%) of all payments due to the Installation Contractor and is required to transmit such moneys to the Montana Department of Revenue as part of the public contractor's license fee. In like fashion, the contractor is required to withhold one percent (1%) from payments to subcontractors. Equal Employment Opportunity Requirements under Executive Order 11246 Bidders on this Work will be required to comply with the President's Executive Order No. 11246, as amended. The requirements for Bidders and Contractors under this order are explained in the Specifications. Successful BIDDERS shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance as required shall be provided by the successful BIDDER(s) and a certificate(s) of that insurance shall be provided. Bidders must demonstrate their qualifications to do the work. Contracts shall be awarded on the basis of the Evaluated Bid submitted by a responsible and responsive Bidder deemed most favorable to the City's interest. Bid Evaluation Criteria can be found in Section 00300 - Bid Form. If the Contract is to be awarded, Buyer will issue to the Successful Bidder a Notice of Award within the number of days set forth in the Bid Form for acceptance of the Bid. No bid may be withdrawn after the scheduled time for the public opening of bids. 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 OWNER. The City of Whitefish is an Equal Opportunity Employer. July 22, 29, August 5, 2018 MNAXLP __________________________
No. 25457 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 Donald and Jeannie Nelson to change the zoning designation in a portion of the Eastside Zoning District from AG-80 (Agriculture) to SAG-5 (Suburban Residential). The boundaries of the area proposed to be amended from AG-80 (Agriculture) to SAG-5 (Suburban Residential) are described as: A tract of land located in the East 1/2 of Section 2 in Township 28 North, Range 21 West, P.M.M., Flathead County, Montana described as follows: Beginning in the Center East 1/16 corner; thence South 89o42'52" East 255.00 feet; thence North 00o56'34" West 788.38 feet, more or less to the centerline of the slough; thence Northwesterly along the centerline of the slough 289 feet, more or less to the West line of the Southeast 1/4 Northeast 1/4; thence along said West line South 00o56'34" East 919.30 feet, more or less to the Point of Beginning; Containing 5.00 acres of land; SUBJECT TO AND TOGETHER WITH a 75 foot private road and utility easement. The regulations defining the AG-80 and SAG-5 zones are contained in the Flathead County Zoning Regulations on file for public inspection at the Office of the Board of Commissioners, 800 S Main, Room 302, Kalispell, Montana, at the Flathead County Planning and Zoning Office, 40 11th St W, Kalispell, Montana, and on the Flathead County Planning and Zoning Office's website: http://flathead.mt.gov/planning_zoning/downloads.php. Documents related to the proposed zone change are also on for file for public inspection at the Commissioners' Office and the Planning and Zoning Office. The public hearing will be held on the 14th day of August, 2018, at 10:30 o'clock a.m. in the Commissioners' Chambers, Third Floor, 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 Eastside Zoning District. Written comments are encouraged and will be reviewed by the Commissioners if received prior to the hearing. DATED this 12th day of June, 2018. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist Pamela J. Holmquist, Chairperson July 29, August 5, 2018 MNAXLP ________________________
No. 25543 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION WESTSIDE ZONING DISTRICT 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. 678BG) on July 17th, 2018, to change the zoning designation in a portion of the Westside Zoning District from AG-80 (Agricultural) / WVO (West Valley Overlay) to AG-20 (Agricultural). The boundaries of the area proposed to be amended from AG-80 (Agricultural) / WVO (West Valley Overlay) to AG-20 (Agricultural) are described as: Tract 1 of Certificate of Survey No. 8932, located in the Northwest Quarter of the Southwest Quarter (NW1/4SW1/4) of Section 3, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. And Parcel A of Retracement Certificate of Survey No. 14525, located in the East half of the Southwest Quarter (E1/2SW1/4) of Section 3, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The regulations defining the AG-80, WVO, and AG-20 zones are contained in the Flathead County Zoning Regulations, on file for public inspection at the Office of the Board of Commissioners, Courthouse, 800 South 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 Office of the Board of 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 Westside Zoning District from persons owning real property within Flathead County 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 17th day of July, 2018. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist Pamela J. Holmquist, Chairman July 22, 29, 2018 MNAXLP _________________________
No. 25544 CALL FOR BIDS Notice is hereby given that the Board of County Commissioners of Flathead County, Montana, will receive bids on THREE (3) All Wheel Drive Articulated Graders. Specifications may be obtained from the Flathead County Road Department, 1249 Willow Glen Drive, Kalispell, MT, 59901. Delivery/shipping will be F.O.B. to the Flathead County Shop at 1249 Willow Glen Drive, Kalispell, Montana, 59901 within ninety (90) days of the signing of a contract for purchase. Each bidder must deposit with his bid, a bid security in the amount of ten percent (10%) of lease payments for five (5) years on all three (3) graders to secure his express covenant that, if the bidder is awarded the contract, the bidder will, within ten (10) days, enter into a formal contract for the purchase and sale of said unit. Bid security shall be payable to Flathead County and shall be in the form of lawful money of the United States; a cashier's check, certified check, bank money order or bank draft issued by a Montana bank, or a bid bond executed by a surety corporation authorized to do business in Montana. The bidder shall include with his bid a contract form to be executed by the parties. Flathead County reserves the right to negotiate the terms of said proposed contract (excluding prices contained therein) and to consider the terms of said proposed contract, including warranty provisions, in determining the award of bid. All sealed bids, plainly marked "All Wheel Drive Articulated Graders", must be in the hands of the Clerk to the Board of County Commissioners, 800 South Main, Room 302, Kalispell, Montana 59901, on or before 8:45 AM on Monday, August 6, 2018. Bids will be opened and read at 9:00 AM in the Commissioners' Chambers, Third Floor, County Courthouse, Kalispell, Montana. The Board of County Commissioners reserves the right to reject any and all bids and to accept the bid deemed to be in the best interest of Flathead County. The award of a bid will be made solely by the issuance of a letter of award to the successful bidder by the Office of the Flathead County Board of Commissioners. Dated this 17th day of July, 2018. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist Pamela J. Holmquist, Chair July 22, 29, 2018 MNAXLP __________________________
No. 25560 Public Notice Flathead County Water District 101 The Flathead County Water District 101 hereby provides notice that they intend to file for application for funding with the US Department of Agriculture, Rural Development for funding of a proposed water project. The project will consist of main replacement, well upgrades, and storage tank upgrades. The updates will help to reduce public health risks and increase supply capacity for the existing aging system. A public hearing to receive comments will be held on July 31, 2018 at 7:00 PM at the Bad Rock Fire Hall at 23 Pines Court in Columbia Falls, MT. Anyone requesting information or offering comments should attend this meeting. For further information please the contact information for the board members is found at https://fcwd101.wordpress.com July 29, 2018 MNAXLP __________________________
No. 25545 NOTICE OF TRUSTEE'S SALE TO BE SOLD FOR CASH AT TRUSTEE'S SALE on November 15, 2018, at 11:00 AM at the East door of the Flathead County Justice Center located at 920 South Main Street, Kalispell MT 59901, the following described real property situated in Flathead County, Montana: LOT 3Z OF MEADOW LAKE COUNTRY CLUB ESTATES PHASE I, ACCORDING TO THE MAP OR PLAT THEROF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. John A. Lence, as Grantor(s), conveyed said real property to First American Title Company, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc. as nominee for Reverse Mortgage Funding LLC, as Beneficiary, by Deed of Trust dated on October 21, 2016, and recorded on October 26, 2016 as Document No. 201600023726. The beneficial interest is currently held by Reverse Mortgage Funding LLC. First American Title Company of Montana, Inc., is currently the Trustee. The beneficiary has declared a default in the terms of said Deed of Trust due to death. The total amount due on this obligation as of April 30, 2018 is $109,389.16 principal, interest totaling $9,173.40, escrow advances of $2,543.69, and other fees and expenses advanced of $4,790.01, plus accruing interest, late charges, and other costs and fees that may be advanced. The Beneficiary anticipates and may disburse such amounts as may be required to preserve and protect the property and for real property taxes that may become due or delinquent, unless such amounts of taxes are paid by the Grantors. If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligations secured by the Deed of Trust. Other expenses to be charged against the proceeds of this sale include the Trustee's fees and attorney's fees, costs and expenses of the sale and late charges, if any. Beneficiary has elected, and has directed the Trustee to sell the above described property to satisfy the obligation. 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 immediately upon the close of bidding in cash or cash equivalents (valid money orders, certified checks or cashier's checks). The conveyance will be made by Trustee's Deed without any representation or warranty, including warranty of Title, express or implied, as the sale is made strictly on an as-is, where-is basis, without limitation, the sale is being made subject to all existing conditions, if any, of lead paint, mold or other environmental or health hazards. The sale purchaser shall be entitled to possession of the property on the 10th day following the sale. 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 or the successor in interest to the beneficiary the entire amount then due under the deed of trust 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. The scheduled Trustee's Sale may be postponed by public proclamation up to 15 days for any reason, and in the event of a bankruptcy filing, the sale may be postponed by the trustee for up to 120 days by public proclamation at least every 30 days. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Dated: July 6th, 2018 Rae Albert Assistant Secretary, First American Title Company of Montana, Inc. Successor Trustee Title Financial Specialty Services PO Box 339 Blackfoot ID 83221 STATE OF Idaho ss. County of Bingham On this 6th day of July, 2018, before me, a notary public in and for said County and State, personally appeared Rae Albert, know to me to be the Assistant Secretary of First American Title Company of Montana, Inc., Successor Trustee, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. Amy Gough Notary Public Bingham County, Idaho Commission expires: 6-9-2021 CeLink vs John Lence 105495-1 July 22, 29, August 5, 2018 MNAXLP __________________________
No. 25533 Fort Harrison Billeting Fund Advisory Council is accepting bid submissions to run our front desk reservation program. Duties include: running 'Front Desk Anywhere' software; greeting guests; managing reservations; issuing keys; and general office work. To receive a copy of the billeting RFP bid submission process email Mr. Chris Herskind at christopher.r.herskind.mil@mail.mil. July 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, and Aug. 1, 2, 3, 2018 MNAXLP