Legals April 3, 2019
No. 25935 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 change in the zoning designation in a portion of the Bigfork Zoning District from CCC-1 Commercial Country Corner - Class 1 to B-2 General Business. The boundaries of the area proposed to be amended from CCC-1 Commercial Country Corner - Class 1 to B-2 General Business are described as: Tract 1: A tract of land in the Southeast Quarter of the Southeast Quarter of Section 17, Township 27 North, Range 19 West, P.M.M., Flathead County, Montana and more particularly described as follows: Commencing at the Southeast corner of the Southeast Quarter of the Southeast Quarter of said section 17; thence West along the Southerly boundary of the Southeast Quarter of the Southeast Quarter, a distance of 233.71 feet to a point; thence North a distance of 60.00 feet to the True Point of Beginning of the tract of land being described and also being on the Northerly boundary line of Highway No. 326; thence West and parallel with the Southerly boundary line of the Southeast Quarter of the Southeast Quarter and following along said highway right of way, a distance of 104.36 feet to a point; thence North 01°21'30" West, a distance of 208.71 feet to a point; thence East and being parallel with the Southerly boundary line of the tract of land being described, a distance of 104.36 feet to a point, thence South 01°21'30" East and being parallel with the Westerly boundary line of the tract of land being described, a distance of 208.71 feet to the Point of Beginning. Shown on Deed Exhibit recorded in Book 501, Page 865 Tract 2: Certificate of Survey No. 2452, a tract of land in the Southeast Quarter of the Southeast Quarter of Section 17, Township 27 North, Range 19 West, P.M.M., Flathead County, Montana. The regulations defining the CCC-1 and B-2 zones are contained in the Flathead County Zoning Regulations, on file for public inspection at the Flathead County Commissioners' Office, 800 South Main, Room 302, Kalispell, Montana, at the County Planning & Zoning Office, 40 11th Street West, Kalispell, Montana, and on the County Planning & Zoning Office's website at: 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 at the Flathead County Planning and Zoning Office. The public hearing will be held on the 9th day of April, 2019 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 if received by the Flathead County Commissioners' Office prior to the hearing. DATED this 22nd day of January, 2019. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Philip B. Mitchell Philip B. Mitchell, Chairperson March 27, April 3, 2019 MNAXLP _________________________
No. 26095 NOTICE OF SALE FOR STATE SCHOOL TRUST LAND The Dept. of Natural Resources and Conservation (DNRC) will offer the following parcels of state land located in Flathead County for sale at public auction on Wednesday, May 8, 2019 at 1:00 PM at the DNRC Northwestern Land Office at 655 Timberwolf Parkway, Suite 1, in Kalispell, Montana under terms and conditions provided herein. Sale No. 926 Acres: 1.519± Legal Description: Lot 17, McGregor Lake, COS 19909, Sec. 16, T26N-R25W Minimum Bid for Land, including State-Owned Improvements: $334,000 Location: 570 McGregor Lane, Marion, MT 59925 Sale No. 927 Acres: 1.135± Legal Description: Lot 22, McGregor Lake, COS 19909, Sec. 16, T26N-R25W Minimum Bid for Land: $260,000 Location: 630 McGregor Lane, Marion, MT 59925 BID PARTICIPATION A bid packet containing an Offer to Purchase and Bid Deposit Receipt Form and Invitation to Purchase State Land at Public Oral Auction and General Terms & Conditions for Sale is available on DNRC's website, http://dnrc.mt.gov/cabinsitesales or from DNRC upon request. For Open House dates, go to http://dnrc.mt.gov/cabinsitesales. All persons wishing to participate in the auction must submit a bid deposit postmarked by 5:00 PM on Thursday, April 18, 2019. The bid deposit must be in the form of a certified check made payable to DNRC equal to five percent (5%) of the minimum bid indicated for that parcel and submitted with a completed Offer to Purchase and Bid Deposit Receipt Form. Failure to submit the bid deposit or Offer to Purchase and Bid Deposit Receipt Form as provided herein will prohibit participation in the auction. All Offer to Purchase and Bid Deposit Receipt Forms and payments must be sent to: DNRC, Attn: Renee Kelley, PO Box 201601, 1539 Eleventh Avenue, Helena, MT 59620-1601, (406) 444-4289 or renee.kelley@mt.gov. TERMS OF SALE for SALE Nos. 926 & 927: 1. The improvements and any other personal property on the cabin/home sites are owned by the lessee or other 3rd party. The successful bidder shall be required to pay the appraised value of the improvements in addition to the purchase price of the cabin/home site determined by the highest bid at the auction in accordance with MCA §77-2-318. 2. The minimum acceptable bids for the land are the values indicated above. 3. The parcel will be sold to the high bidder of that parcel. However, the current lessee of the parcel shall retain the option to exercise their preference right for purchase by matching the high bid for that parcel. If that right is exercised, the lessee will be deemed the purchaser of the parcel. If the preference right is not exercised, the high bidder shall be deemed to be the purchaser. The high bidder will be responsible to pay the lessee for the value of improvements located on the property. 4. In addition to the purchase price for each parcel and the purchase of the improvement, the purchaser shall also be responsible for the following costs (if applicable to that particular sale) including, but not limited to: Advertising, Appraisal, Filing Fees, Water Right Transfers, Cost of Closing. All inquiries, bid deposits, or requests for forms must be sent to: DNRC, Attn: Renee Kelley, PO Box 201601, 1539 Eleventh Avenue, Helena, MT 59620-1601, (406) 444-4289 or renee.kelley@mt.gov. March 27, April 3, 10, 17, 2019 MNAXLP _________________________
No. 26082 NOTICE OF PUBLIC HEARING On Thursday, April 4, 2019 at 11:00 AM, a Public Hearing will be held in Room (107) of the Sanders Building, at 111 North Sanders in Helena, for the purpose of receiving comments on the draft Department of Public Health and Human Services "2019 DOE State Plan Application". Draft copies of the proposed application will be available at the Department of Public Health and Human Services, Intergovernmental Human Services Bureau, 1400 Carter Drive, P.O. Box 202956, Helena, MT 59620-2956 on Monday, March 25, 2019. Written comments must be received by 5:00 PM, Thursday, April 4, 2019. March 25, 26, 27, 28, 29, 30, 31, April 1, 2, 3, 4, 2019 MNAXLP __________________________
No. 26087 Karl K. Rudbach RAMLOW & RUDBACH 542 Central Avenue Whitefish, MT 59937 Phone: (406) 862-7503 Attorneys for Whitefish Credit Union MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY WHITEFISH CREDIT UNION, Plaintiff, -vs- DAVID PATERA, Defendant. Cause No. DV-18-953D NOTICE OF SHERIFF'S SALE TO BE SOLD, at a Sheriff's Sale on the 17th day of April, 2019, at 10:00 AM, at the location of the MAIN LOBBY OF THE FLATHEAD COUNTY JUSTICE CENTER, 920 SOUTH MAIN STREET, KALISPELL, MT, 59901, real property located in Flathead County, Montana, and described as: Tract 1 of Retracement Certificate of Survey No. 20371, located in the Southeast Quarter of the Southwest Quarter of Section 4, Township 29 North, Range 20 West, P.M.M., Flathead County, Montana. Commonly known as 240 Elk Park Drive, Columbia Falls, MT Pursuant to the Default Judgment and Decree entered in this proceeding, together with the corresponding Writ of Execution issued with respect to the above-referenced cause number. The Encumbered Property sold at the Sheriff's Sale is to be sold together in one single sale for one bid price. The Encumbered Property is sold with all appurtenances, hereditaments, tenements, including all water rights, gas, oil other hydrocarbons, and geothermal rights thereunto belonging or used in connection therewith. Dated this 20th day of March, 2019. FLATHEAD COUNTY SHERIFF Brian Heino By: Jeff Weyh Civil Division March 27, April 3, 10, 2019 MNAXLP __________________________
No. 26080 KALISPELL CITY-COUNTY PLANNING BOARD AND ZONING COMMISSION There is one (1) county vacancy on this board. The term runs for two (2) years beginning April 30, 2019 through April 30, 2021. The Kalispell City Planning Board consists of seven members. There is currently one vacancy for a member who is to be appointed by the mayor upon the designation by the county commissioners of the county in which the city is located. This representative may be a member of the board of county commissioners or an officeholder or employee of the county. The mayor may not reject or refuse to appoint to the city planning board a representative designated by a board of county commissioners as provided in Section 76-1-223 MCA; but if the county fails to designate a representative, then the mayor may appoint as a representative of the county a person of the mayor's own choosing and at the mayor's sole discretion. TO APPLY FOR THIS POSITION: Letters of interest (please specify which board/committee you are applying for) including name, physical address, mailing address, daytime phone number and qualifications should be submitted to: Angela Phillips Flathead County Planning and Zoning Office South Campus Building 40 11th Street West, Ste. 220 Kalispell, MT 59901 All letters of interest should be received by 5:00 p.m. on Friday, April 12, 2019. For additional information and specific qualifications please call 751-8200. March 24, 27, 31, April 3, 7, 2019 MNAXLP __________________________
No. 26112 FLATHEAD MUNICIPAL AIRPORT AUTHORITY TO SUBMIT PASSENGER FACILITY CHARGE APPLICATION The Flathead Municipal Airport Authority (FMAA) intends to file an application with the Federal Aviation Administration (FAA) to impose and use Passenger Facility Charges (PFC) under 14 CFR Part 158. The PFC funds will be used to reimburse FMAA for the local share of Airport Improvement Program (AIP) grant funded projects at the Glacier Park International Airport (GPIA), reimburse FMAA for eligible costs to acquire two parcels of land for Runway Protection Zones, reimburse FMAA for the acquisition of communication equipment for the air traffic control tower, and to fund the first phase of design for the proposed terminal modernization program. The projects are necessary for the continued safe and efficient operation of the airport, as well as meeting demand for the future. The FMAA seeks authority to collect approximately $2.05 million in PFC revenue, with a proposed PFC level of collection of $4.50 per eligible enplaned passenger. This application will not change the current $4.50 PFC collection amount. The estimated charge effective date for this PFC application is September 1, 2019, and the estimated charge expiration date is March 1, 2021. The FMAA currently has the approval to impose and use approximately $15.5 million of PFC funds, which is estimated to be completed at the same time as the estimated charge effective date of the proposed PFC application. Additional information on the specific projects for which PFC approval is sought may be obtained by contacting GPIA Airport Director Rob Ratkowski at (406) 257-5994 x 2004 or via email at rob@glacierairport.com . All comments must be received by May 5, 2019. April 3, 2019 MNAXLP __________________________
No. 26113 FLATHEAD MUNICIPAL AIRPORT AUTHORITY PUBLIC MEETING NOTICE The regular meeting of the Flathead Municipal Airport Authority Board will be held at 4 P.M. on Wednesday, April 10, 2019 at Glacier Park International Airport, 4170 Highway 2 E., Kalispell, MT, preceded by a Terminal Design Alternatives Workshop from Noon to 4 P.M. April 3, 2019 MNAXLP __________________________
No. 26105 PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF OWNERSHIP OF MONTANA ALL-ALCOHOLIC BEVERAGES LICENSE Mission Mountain Golf Club of Montana, LLC (Member: Shawn T. Wilson) has applied for Transfer of Ownership of Montana All-Alcoholic Beverages License No. 15-864-3875-001 to be operated at Mission Mountain Golf Course, 46664 Golf Course Way, Ronan, Lake County. The public may protest this new license in accordance with the law. Who can protest this transfer? Protests will be accepted from residents of the county of the proposed location (Lake), residents of adjoining Montana counties (Flathead, Lincoln, Glacier, Pondera, Teton, Lewis & Clark, Powell, Sanders), and residents of adjoining counties in another state if the criteria in 16-4-207(4)(d), Montana Code Annotated (MCA), are met. What information must be included? Protest letters must be legible and contain (1) the protestor's full name, mailing address, and street address; (2) the license number (15-864-3875-001) and the applicant's name (Mission Mountain Golf Club of Montana, LLC); (3) an indication that the letter is intended as a protest; (4) a description of the grounds for protesting; and (5) the protestor's signature. A letter with multiple signatures will be considered one protest letter. What are valid protest grounds? The protest may be based on the applicant's qualifications listed in 16-4-401, MCA, or the grounds for denial of an application in 16-4-405, MCA. Examples of valid protest grounds include: (1) the applicant is unlikely to operate the establishment in compliance with the law; (2) the proposed location cannot be properly policed by local authorities; and (3) the welfare of the people in the vicinity of the proposed location will be adversely and seriously affected. How are protests submitted? Protests must be postmarked to the Department of Revenue, Office of Dispute Resolution, P.O. Box 5805, Helena, Montana 59604-5805 on or before April 22, 2019. What happens if the transfer is protested? Depending on the number of protests and the protest grounds, a public hearing will be held in Helena or Ronan. All valid protestors will be notified of the hearing's time, date and location. Hearings typically are scheduled within 90 days. A protester's hearing testimony is limited to the grounds in the protester's letter. Following the hearing, the Department of Revenue will notify the public whether the license transfer is approved or denied. How can additional information be obtained? The cited MCA statutes are online at leg.mt.gov/bills/mca_toc/. Questions may be directed to Patty Kautz, Compliance Specialist for the Department of Revenue's Liquor Control Division, at (406) 444-0017 or pkautz@mt.gov. April 3, 10, 2019 MNAXLP __________________________
No. 26107 PUBLIC OPPORTUNITY TO PROTEST ONE ORIGINAL NEW MONTANA ALL-ALCOHOLIC BEVERAGES LICENSE Echo Lake Café, Co. (Shareholders: Robert W. Young & Christi S. Young, JTROS; Amy K. Young & Mark T. Herman, JTROS) has applied for One Original New Montana All-Alcoholic Beverages with Catering Endorsement License No. 07-999-2433-002 to be operated at Echo Lake Café, 1195 Highway 83, Bigfork, Flathead County. The public may protest this new license in accordance with the law. Who can protest this transfer? Protests will be accepted from residents of the county of the proposed location (Flathead), residents of adjoining Montana counties (Lincoln, Glacier, Pondera, Teton, Lewis & Clark, Powell, Lake, Sanders), and residents of adjoining counties in another state if the criteria in 16-4-207(4)(d), Montana Code Annotated (MCA), are met. What information must be included? Protest letters must be legible and contain (1) the protestor's full name, mailing address, and street address; (2) the license number (07-999-2433-002) and the applicant's name (Echo Lake Café, Co.); (3) an indication that the letter is intended as a protest; (4) a description of the grounds for protesting; and (5) the protestor's signature. A letter with multiple signatures will be considered one protest letter. What are valid protest grounds? The protest may be based on the applicant's qualifications listed in 16-4-401, MCA, or the grounds for denial of an application in 16-4-405, MCA. Examples of valid protest grounds include: (1) the applicant is unlikely to operate the establishment in compliance with the law; (2) the proposed location cannot be properly policed by local authorities; and (3) the welfare of the people in the vicinity of the proposed location will be adversely and seriously affected. How are protests submitted? Protests must be postmarked to the Department of Revenue, Office of Dispute Resolution, P.O. Box 5805, Helena, Montana 59604-5805 on or before May 4, 2019. What happens if the transfer is protested? Depending on the number of protests and the protest grounds, a public hearing will be held in Helena or Bigfork. All valid protestors will be notified of the hearing's time, date and location. Hearings typically are scheduled within 90 days. A protester's hearing testimony is limited to the grounds in the protester's letter. Following the hearing, the Department of Revenue will notify the public whether the license transfer is approved or denied. How can additional information be obtained? The cited MCA statutes are online at leg.mt.gov/bills/mca_toc/. Questions may be directed to Patty Kautz, Compliance Specialist for the Department of Revenue's Liquor Control Division, at (406) 444-0017 or pkautz@mt.gov. April 3, 10, 17, 24, 2019 MNAXLP __________________________