Legals November 17, 2019
No. 26621 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council on the 4th day of November, 2019, passed Resolution No. 5947 declaring an intention to create a business improvement district within the City of Kalispell, pursuant to Title 7, Chapter 12 Montana Code Annotated and specifically § 7-12-1111(4), that is directed toward the common purpose of providing overnight stays at lodging facilities. The properties within the business improvement district are more particularly described in Exhibit "A" which can be requested by emailing cityclerk@kalispell.com. Said Resolution No. 5947 declares that the creation of such a business improvement district will promote the health, safety, prosperity, security, and general welfare of the inhabitants thereof and will be of special benefit to the property within the boundaries of the district. Upon the creation of such a business improvement district, a board of trustees will be appointed by City Council, which board shall have such authority as permitted by MCA Section 7-12-1131 and shall recommend to the City Council, pursuant to MCA Section 7-12-1133, a method of levying an assessment on the property within the district which will best ensure that the assessment on each lot or parcel is equitable in proportion to the benefits to be received. NOTICE is further given that for a period of fifteen (15) days after November 10, 2019, that date being the first day of publication of this Notice in the Daily Inter Lake, the City Clerk will receive from the property owners in the area proposed to be included in the business improvement district, written protests against the extent or creation of the district to be assessed, or both. The City Council of the City of Kalispell shall hold a public hearing on the 2nd day of December, 2019, at 7:00 p.m., in the Council Chambers, City Hall, Kalispell, Montana and consider all communication received by the City Clerk pursuant to this Notice. After considering the same, the Council shall proceed to hear and pass upon all protests and may duly and regularly pass and adopt a Resolution approving the creation of the business improvement district as described in Exhibit "A". Its decision shall be final and conclusive. If passed, the time when the said Resolution shall go into effect shall be fixed by said Resolution. Aimee Brunckhorst, CMC, City Clerk November 10, 17, 2019 MNAXLP __________________________
No. 26557 NOTICE OF PUBLIC HEARING The Board of Commissioners of Flathead County, Montana, herby gives notice, pursuant to Section 76-2-205(1), M.C.A., that it will hold a public hearing to consider a request from the Flathead County Planning Board to amend the text of the Flathead County Zoning Regulations (FZTA-19-02). The proposed amendments include the following: 3.08.040 regarding lot coverage and fence height in the SAG-5 zone, 3.30.030 and 3.31.030 regarding mini storage in the I-1 and I-1H zone, 3.35.130 and 150 regarding conditional use review and regulation review in the Ashley Lake zone, 3.42.020 regarding guest houses and temporary uses in the West Valley zone, 4.04 regarding caretaker's facility in the SAG-15, R-2.5 and R-1 zones, 4.05 regarding cluster development in residential zones and covenants, and 8.05.160 regarding the definition of a "dwelling, accessory." The Flathead County Zoning Regulations apply in all County zoning districts created under Section 76-2-205, M.C.A., and are on file for public inspection at the Office of the Board of Commissioners, located at 800 South Main, Room 302 Kalispell, Montana, the Flathead County Planning and Zoning Office, 40 11th Street West, 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 to the Flathead County Zoning Regulations are on file for public inspection at the Office of the Board of Commissioners and at the Flathead County Planning and Zoning Office. The public hearing will be held on the 2nd day of December, 2019 at 9:00 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 pubic an opportunity to be heard regarding the proposed changes to the text of the Flathead County Zoning Regulations. 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 8th day of October, 2019. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Philip B. Mitchell Philip B. Mitchell, Chairman November 17, 24, 2019 MNAXLP __________________________
No. 26637 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE RURAL SPECIAL IMPROVEMENT DISTRICT NO. 158 AND TO ISSUE RURAL SPECIAL IMPROVEMENT DISTRICT NO. 158 BONDS OF THE COUNTY IN THE AGGREGATE PRINCIPAL AMOUNT OF $387,200.00, SECURED BY THE RURAL SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND FLATHEAD COUNTY, MONTANA NOTICE IS HEREBY GIVEN that on November 14, 2019, the Board of County Commissioners of Flathead County, Montana (the "County"), adopted a Resolution of Intention to Create Rural Special Improvement District No. 158 (the "District") for the purpose of financing the costs of certain local improvements (the "Improvements") and paying costs incidental thereto, including costs associated with the sale and the security of rural special improvement district bonds of the County drawn on the District (the "Bonds"), the creation and administration of the District, and the funding of a deposit to the County's Rural Special Improvement District Revolving Fund (the "Revolving Fund"). The Improvements shall be constructed and installed pursuant to plans and specifications prepared by Robert Peccia & Associates. A complete copy of the Resolution of Intention (the "Resolution") is on file with the County Clerk and Recorder which more specifically describes the nature of the Improvements, the boundaries and the area included in the District, the location of the Improvements and other matters pertaining thereto and further particulars. A map of the proposed District accompanies this notice. The Improvements consist of the design, engineering and construction of paving on approximately one mile of River Butte Drive. The County would issue the Bonds in an aggregate principal amount not to exceed $387,200.00, in order to finance the costs of the Improvements. Principal of and interest on the Bonds will be paid from special assessments levied against the property in the District in the aggregate principal amount of $387,200.00 and such payment will be secured by the Revolving Fund. Subject to the limitations of Montana Code Annotated, Section 7-12-4222, the general fund of the County may be used to provide loans to the Revolving Fund or a general tax levy may be imposed on all taxable property in the County to meet the financial requirements of the Revolving Fund. All properties in the District will be assessed for their proportionate share of the costs of the Paving Improvements. The total estimated cost of the Paving Improvements is approximately $387,200.00, and shall be assessed against each assessable lot, tract or parcel of land (as determined by the Department of Revenue) in the District equally, such that each lot, tract or parcel in the District shall be assessed for the same/proportional amount of the cost of the Paving Improvements. There are 20 lots, tracts or parcels in the District. The estimated cost of the Paving Improvements per lot, tract or parcel to be assessed is $19,360.00. On December 20, 2019, at 9:00 o'clock, a.m. local time, in the Commissioners' Chambers, 3rd Floor Old Courthouse, 800 South Main, Kalispell, Montana, the Board of County Commissioners will conduct a public hearing and pass upon all written protests against the creation of the District, or the making of Improvements, that may be filed in the period hereinafter described. Written protests against the creation of the District and the making of the Improvements may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the Improvements. For purposes of protest, the owner of a property created as a condominium is collectively the owners of all units having an undivided interest in the common elements. The protest must be filed by the president, vice president, secretary or treasurer of the condominium owners' association, and such protest must be in writing, identify the condominium property, include a declaration or other document that shows how votes of unit owners in the condominium are calculated and be signed by owners of units in the condominium sufficient to constitute an affirmative vote for an undertaking relating to the common elements under the condominium declaration, as more particularly set forth in Section 7-12-2141, M.C.A. Such protests must be delivered to the County Clerk and Recorder at the Flathead County Courthouse, 800 South Main, Kalispell, Montana 59901, no later than 5:00 p.m., M.S.T., on December 19, 2019. As provided by law, such protests must be in writing, identify the property in the District owned by the protestor and be signed by all owners of the property. The protest must be delivered to the County Clerk and Recorder, who shall endorse thereon the date of its receipt by her. Further information regarding the proposed District or the Bonds or other matters in respect thereof may be obtained from the Board of Commissioners at 800 South Main, Kalispell, Montana, or by telephone at (406) 758-5503. DATED this 14th day of November, 2019. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Philip B. Mitchell Philip B. Mitchell, Chair November 17, 24, 2019 MNAXLP __________________________
No. 26616 INVITATION TO BID CROW DAM SPILLWAY MODIFICATION PROJECT AREA 3 SOLICITATION/SPECIFICATIONS CSKT/SOD 19-01 The Confederated Salish and Kootenai Tribes desire to enter in to a Construction Agreement with a general construction contractor to demolish, remove and rebuild the upper sections of the existing Crow Dam reinforced concrete spillway. The Crow Dam Spillway Modification Project - Area 3 is located at Crow Dam approximately six miles southwest of the town of Ronan on the Flathead Indian Reservation, MT. The existing emergency spillway for Crow Dam will be replaced with a new spillway constructed in two separate construction phases. The overall replacement project includes the demolition of the existing spillway structure and appurtenances and the construction of a piano key weir spillway crest, chute, and flip bucket along the same general alignment as the existing spillway. Construction of the spillway will require demolition of the existing spillway, excavation to accommodate the wider spillway channel and construction of a new, reinforced concrete lined spillway. The first phase of construction (Area 2) was completed in July 2019 and consisted of replacement of the existing chute and stilling basin and replacing it with a new chute, flip bucket, and armored apron. The second phase (Area 3) consists of the replacement of the existing side-channel inlet structure and tunnel with a piano key weir spillway crest structure, spillway channel crossing beneath Crow Dam Road, and a pre-stressed concrete bridge placed over the spillway channel along Crow Dam Road. This Contract only includes demolition and reconstruction of the upper portion of the spillway heretofore referred to as Area 3. Area 2 has been constructed and is not part of this Contract. Plans, specifications, and bidding documents for this project may be obtained from: Confederated Salish & Kootenai Tribes, Safety of Dams Program, Attn: Greg Wilson, P.O. Box 278, Pablo, MT 59855, phone 406-676-2600, email: gregory.wilson@cskt.org. Plans, specifications and bidding documents may also be viewed and downloaded at the following web site: http://csktnrd.org/water-management/sod. The successful bidder will be required to enter into an agreement with the Tribes to conduct this project. A non-mandatory pre-bid meeting will be held at the Natural Resources Department Office Foust Conference Room located at 301 Main Street, Polson, MT at 9:00 A.M. (local time) on November 21, 2019. 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), December 5, 2019. 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. November 10, 17, 24, December 1, 2019 MNAXLP _________________________
No. 26636 NOTICE OF PUBLIC HEARING FLATHEAD COUNTY BOARD OF ADJUSTMENT The Flathead County Board of Adjustment will hold a public hearing on the items listed below on Tuesday, December 3, 2019 beginning at 6:00 PM in the 2nd Floor Conference Room of the South Campus Building, 40 11th Street West, Suite 200, Kalispell, Montana. A request from Matthew Young for a conditional use permit for a 'Home Occupation' for a metal working shop on a lot located at 231 Antelope Trail, south of Whitefish, MT within the Happy Valley Zoning District. The property is zoned R-2 (One-Family Limited Residential) and contains approximately 0.5 acres. The property can legally be described as Lot 272 Happy Valley Homesites in Section 25, Township 30 North, Range 22 West, P.M.M., Flathead County, Montana. All decisions made by the Board of Adjustment are considered final actions. Interested parties are encouraged to attend the meeting to make their views or concerns known to the Board. Written comments are strongly encouraged and should be received by the Flathead County Planning & Zoning Office, no later than 5:00 pm, December 3, 2019. Information and documents pertaining to the above requests are on file in the Flathead County Planning & Zoning Office, 40 11th Street West, Ste 220 Kalispell, MT 59901, and may be reviewed during regular office hours, or you may call (406) 751-8200 for more information. Please note agenda items are subject to change without notice. Persons with a disability may request a reasonable accommodation by contacting Elaine Nelson at the Flathead County Commissioner's Office at 758-5503 or TTY (800) 335-7592, or call Montana Relay at 711. Requests should be made as early as possible to allow time to arrange the accommodation. /s/ Mark Mussman Mark Mussman, CFM® Planning Director November 17, 2019 MNAXLP __________________________