Legals December 22, 2019
No. 26689 CITY OF COLUMBIA FALLS NOTICE OF PUBLIC HEARING COMMUNITY NEEDS ASSESSMENT Beginning on January 6, 2020 during the 7:00 p.m. regular council meeting, the City Council of the City of Columbia Falls, shall conduct a series of public hearings and meetings for the purpose of obtaining public comment to determine the greatest community development needs (public facilities, economic development, and housing needs). The City will take public comment during the month of January in order to obtain the greatest public input. The intent of the needs assessment process is to provide the City with a list of potential projects or actions in the areas of housing, economic development and public infrastructure that could be pursued over a period of years in order to improve the community, particularly as those needs affect low and moderate income persons. Based on the results of the needs assessment, the City may apply for state or federal funding from the Montana Community Development Block Grant (CDBG) Program and other funding sources to deal with local housing, public facilities, or other community needs and would like comments or suggestions from local citizens regarding the City's needs and types of projects which should be considered. Interested persons may contact the City Manager at 406-892-4391 or 130 6th Street West, Columbia Falls, MT for more information about the hearing or to submit community needs suggestions. Comments may be given orally at the hearing or submitted in writing before 5 pm, Thursday, January 2, 2020. The City of Columbia Falls makes reasonable accommodation for any known disability that may interfere with a person's ability to participate in this hearing. Persons needing an accommodation need to contact Barb Staaland, City Clerk no later than Friday, January 3, 2020 to allow adequate time to make needed arrangements. Please contact Barb Staaland at 892-4391 or write to 130 6th ST West, Room A, Columbia Falls, MT 59912 to make your request known. DATED THIS 2nd DAY of DECEMBER, 2019 Barb Staaland City Clerk December 22, 29, 2019 MNAXLP __________________________
No. 26690 CITY OF COLUMBIA FALLS NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that the City Council of the City of Columbia Falls, Montana, will hold a public hearing on January 6, 2020 at 7:00 p.m. in the Columbia Falls City Hall, 130-6th Street West, Columbia Falls, Montana, to adopt an amended 2020 FY budget for the Tax Increment District Fund and Targeted Economic District Fund. The City received the estimated tax funding for the Tax Increment District Fund at the end of October, 2019. Based on the estimated real estate tax funding of $459,324, the City Council will amend the appropriations for the 2020 FY. The funds will be spent as provided for in the Tax Increment District Statement of Need and priorities established through the public hearing process. The City received the estimated tax funding for the Targeted Economic District Fund at the end of October, 2019. Based on the estimated real estate tax funding of $1,734, the City Council will consider appropriating the available funds for the 2020 FY based on the Statement of Need and priorities established through the public hearing process. Taxpayers are encouraged to attend the hearing and give written or oral comments on the budget-related item. Written comments may be mailed to the City Clerk, 130 6th Street West, Room A, Columbia Falls, Montana, 59912. Questions regarding the proposed items can be made by contacting City Manager Susan Nicosia at 892-4391. DATED THIS 2ND DAY OF DECEMBER 2019 s/Barb Staaland, City Clerk December 22, 29, 2019 MNAXLP __________________________
No. 26697 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that on the 6th day of January, 2020 at 7:00 o'clock P.M., in the Council Chambers, City Hall, 201 1st Avenue East, Kalispell, Montana, the City Council of the City of Kalispell shall hold a Public Hearing on proposed amendments to the City of Kalispell Standards for Design and Construction. The amendments are being presented to the Kalispell City Council for their consideration. The City Council, on December 16, 2020, passed a Resolution of Intention to Amend the City of Kalispell Standards for Design and Construction. Any person wishing to address the proposed amendments may appear at this hearing and make oral statements or present same in writing. Written comments may also be submitted for council consideration by delivering the same to the City Clerk at 201 First Avenue East, Kalispell, MT 59901, or by email to citycouncil@kalispell.com prior to the hearing. The proposed amendments can be viewed on the city's website at https://www.kalispell.com/253/Engineering or in the office of the City Clerk at 201 First Avenue East, Kalispell. For further information contact: Public Works, P.O. Box 1997, Kalispell, MT, telephone: 758-7720. Aimee Brunckhorst, CMC, City Clerk December 22, 29, 2019 MNAXLP __________________________
No. 26635 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 Paul Arends on behalf of Riverside Vineyard Church to change the zoning designation in a portion of the Highway 93 North Zoning District from SAG-10 (Suburban Agricultural) to B-3 (Community Business) and HO (Highway Overlay). The boundaries of the areas proposed to be amended from SAG-10 (Suburban Agricultural) to B-3 (Community Business) and HO (Highway Overlay) are described as: Parcel C of Certificate of Survey No. 9429, a tract of land situated, lying and being in the Southwest Quarter of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The regulations defining the SAG-10 and B-3/HO zones are contained in the Flathead County Zoning Regulations, on file for public inspection at the Office of the Board of Commissioners, 800 South Main, Room 302, Kalispell, Montana, at the Flathead County Planning and Zoning Office, 40 11th Street West, Kalispell, Montana, and online 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 Flathead County Commissioners' Office and at the Flathead County Planning and Zoning Office. The public hearing will be held on the 2nd day of January, 2020 at 9:30 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 Highway 93 North Zoning District. Written comments are encouraged and will be reviewed by the Commissioners if received in the Commissioners' Office at least three days prior to the hearing. DATED this 12th day of November, 2019. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Philip B. Mitchell Philip B. Mitchell, Chairman December 15, 22, 2019 MNAXLP _________________________
No. 26698 An audit of the affairs of Flathead County has been conducted by Anderson ZurMuehlen & Co., P.C. The audit covered the fiscal year ended June 30, 2019. Section 2-7-521, MCA, requires the publication of the following summary of significant findings. Summary of Significant Findings The audit report for Flathead County for the fiscal year ended June 30, 2019, contained an Independent Auditor's Report on the County's financial statements. The report issued for the fiscal year ended June 30, 2019 was an unqualified report. The audit report also contained several other auditor's reports. Following is a listing of the reports and a summary of the findings included in each. This is only a summary and is not intended to be used as an audit report. Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards - This report contained one finding. Independent Auditor's Report on Compliance for Each Major Program and on Internal Control over Compliance Required by the Uniform Guidance - This report contained one finding. Schedule of Findings and Questioned Costs - This report contained two findings. Public Inspection of Audit Report The complete audit report is on file, in its entirety, and open to public inspection at the Finance Office, 800 South Main, Room 214, Kalispell, Montana. December 22, 2019 MNAXLP __________________________
No. 26700 NOTICE OF TRUSTEE'S SALE TO BE SOLD FOR CASH AT TRUSTEE'S SALE on April 20, 2020, 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 7 of Mackinaw Estates Subdivision, according to the map or plat thereof on file and of record in the office of the clerk and recorder of Flathead County, Montana. Matthew B. Kurtz and Donna Kurtz, as Grantor(s), conveyed said real property to Chicago Title Insurance Company, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc. as a nominee for First Horizon Home Loans, a division of First Tennessee Bank, N.A., a National Bank as Beneficiary, by Deed of Trust dated on August 19, 2008, and recorded on August 25, 2008, as Document No. 200800023884. The beneficial interest is currently held by Mill City Mortgage Loan Trust 2017-1, Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust as Trustee. 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 by failing to make the monthly payments beginning October 1, 2018, and each month subsequent, which monthly installments would have been applied on the principal and interest due on said obligation and other charges against the property or loan. The total amount due on this obligation as of November 29, 2019 is $276,786.78 principal, interest totaling $16,876.39, late charges in the amount of $350.00, escrow advances of $6,531.10, and other fees and expenses advanced of $3,948.22, 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: December 3rd, 2019 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 3 day of December, 2019, before me, a notary public in and for said County and State, personally appeared Rae Albert, known 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.Shannon Gavin Notary Public Bingham County, Idaho Mill City Mortgage Loan Trust 2017-1, Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust as Trustee vs Donna Udell Kurtz; Matthew Kurtz 106830-3 Dec. 22, 29, 2019 and Jan. 5, 2020 MNAXLP -------------------------------------------
No. 26685 PUBLIC NOTICE NO. MT-19-28 December 16, 2019 PURPOSE OF PUBLIC NOTICE The purpose of this notice is to state the Department's intention to deny renewal and terminate a wastewater discharge permit to the facility listed in this notice. This permit was issued by the Department under the authority of 75-5-402, Montana Code Annotated (MCA); the Administrative Rules of Montana (ARM) 17.30.1301 et seq., Montana Pollutant Discharge Elimination System (MPDES); and Sections 402 and 303 of the Federal Clean Water Act. Copies of the termination fact sheet and environmental assessment are available upon request from the Water Protection Bureau or on the Department's website www.deq.mt.gov. APPLICANT INFORMATION APPLICANT: Stone Container Corp. FACILITY NAME: Frenchtown Mill FACILITY LOCATION: 14377 Mullan Rd COUNTY: Missoula RECEIVING WATER: Clark Fork River PERMIT NUMBER: MT0000035 On August 2, 2017, the First Judicial District Court located in Helena, MT voided the renewal and transfer of MPDES permit MT0000035 from Smurfit-Stone Container Corporation to M2Green Development LLC. Because of cessation of discharge controlled by the permit, DEQ intends to deny the permit renewal application submitted by Smurfit-Stone Container Corporation in 2004 and terminate the permit. PUBLIC COMMENT Public comments are invited ANYTIME PRIOR TO CLOSE OF BUSINESS January 17, 2020. Comments may be directed to the DEQ Water Quality Division, Water Protection Bureau, PO Box 200901, Helena, MT 59620. All comments received or postmarked PRIOR TO CLOSE OF BUSINESS January 17, 2020 will be considered in the formulation of final determinations to be imposed on the permits. If you wish to comment electronically, you may e-mail the Department at DEQWPBPublicComments@mt.gov. During the public comment period provided by the notice, the Department will accept requests for a public hearing. A request for a public hearing must be in writing and must state the nature of the issue proposed to be raised in the hearing. The Department will respond to all substantive comments and issue a final decision within sixty days of this notice or as soon as possible thereafter. Additional information may be obtained upon request by calling (406) 444-5546 or by writing to the aforementioned address. The complete administrative record, including permit application and other pertinent information, is maintained at the Water Protection Bureau office in Helena and is available for review during business hours. PUBLIC NOTICE NO. MT-19-28 December 16, 2019 December 22, 2019 MNAXLP __________________________
No. 26672 LEGAL NOTICE Montana Fish, Wildlife & Parks and Montana Department of Natural Resources and Conservation (DNRC) jointly propose the purchase of a permanent recreation easement for Big Arm State Park along Flathead Lake. Big Arm State Park is located on State School Trust property that is leased annually by FWP from DNRC. A draft environmental analysis detailing the proposal, including two alternatives, is available for review and open to public input through January 3rd. Two alternatives are proposed in the draft EA. The first alternative proposes the purchase of a permanent recreation easement for the existing 218-acre park for the appraised value of $8.06 million. A second alternative proposes the purchase of a permanent recreation easement for the existing 218-acre park plus approximately 23 acres of adjoining state school trust land that would expand the park on its southern boundary. The cost for this alternative would be the appraised value of $10.63 million. By creating a permanent recreation easement with a one-time payment, DNRC and FWP mutually agree that this proposal would fulfill the mission for DNRC of generating revenue to support education in Montana, while providing FWP the ability to provide continued management of the property as a public recreation and lake access facility. FWP would pay full market value of the property for a permanent recreation easement. Funding would be broken up into a variety of potential (state, federal and private) sources, including FWP's general license account, Pittman-Robertson and Dingell-Johnson federal aid, state parks earned revenue, Land and Water Conservation Fund, and the Montana Fish and Wildlife Conservation Trust. The 2019 Montana Legislature approved House Bill 695, which authorizes FWP to spend up to $12 million to purchase a permanent recreation easement on the Big Arm site from DNRC. A copy of the draft environmental assessment is available at the FWP Region 1 office, 490 N. Meridian Rd., Kalispell; Montana State Library, 1515 E 6th Ave., Helena; FWP State Headquarters, 1420 E 6th Ave., Helena; the FWP website at http://fwp.mt.gov/news/publicNotices/; and available for viewing at local libraries. FWP asks that comments on this draft environmental assessment be submitted to either of the following addresses by 5:00 pm on Friday, January 3, 2020: Montana FWP Region 1, Attn: Big Arm Permanent Easement Proposal -Parks Division, 490 N. Meridian Rd., Kalispell, MT 59901; dlandstrom@mt.gov. December 8, 22, 2019 MNAXLP __________________________