Legals for July, 18 2021
No. 27921 NOTICE OF HEARING ON PROPOSED FY21 BUDGET AMENDMENT NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Flathead County, Montana intends to amend the budget for the 2020-2021 fiscal year and that said budget amendment affects the following functions: general government; public safety; public works; public health; social and economic services; culture and recreation and solid waste. Details are open to public inspection in the Office of the Flathead County Clerk & Recorder, 800 South Main, Kalispell, Montana and also available on the County website at http://flathead.mt.gov/finance/downloads.php. The Board will meet on the 22nd day of July, 2021 at 9:00 a.m. for the purpose of holding a hearing and consideration of the amendment to the original budget. Said meeting is to be held in the Commissioners' Chambers, Third Floor, 800 South Main, Kalispell, Montana. Any taxpayer or resident may appear at the hearing and will be heard for or against any part of the proposed budget amendment. For further information, please contact Amy Dexter, Finance Director, 800 South Main, Room 214, Kalispell, Montana 59901, Telephone (406) 758-5538. 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 6th day of July 2021. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Randy L. Brodehl Randy L. Brodehl, Chairman July 11, 18, 2021 MNAXLP __________________________
No. 27904 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION RURAL WHITEFISH 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. 2417U) on June 24, 2021, to change the zoning designation in the Rural Whitefish Zoning District from SAG-10 (Suburban Agricultural) to R-2.5 (Rural Residential). The boundaries of the areas proposed to be amended from SAG-10 (Suburban Agricultural) to R-2.5 (Rural Residential).are described as: Tract A of Certificate of Survey No. 20289, located in the North Half of the Southeast Quarter of Section 27, Township 31 North, Range 22 West, P.M.M., Flathead County, Montana. The regulations defining the SAG-10 and R-2.5 zones are contained in the Flathead County Zoning Regulations, on file for public inspection at the Office of the Clerk and Recorder, Courthouse, 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 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 Rural Whitefish 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 24th day of June 2021. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist PT Randy L. Brodehl, Chairman July 4, 18, 2021 MNAXLP __________________________
No. 27938 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, August 3, 2021 beginning at 6:00 PM in the 2nd Floor Conference Room of the South Campus Building, 40 11th Street West, Suite 200, Kalispell, Montana. Individuals that would like to participate via Zoom meeting may do so by following the instructions below. To access the meeting and give oral public comment, please follow the instructions below. Join Zoom Meeting https://us06web.zoom.us/j/89279149199 Meeting ID: 892 7914 9199 One tap mobile +13462487799,,89279149199# US (Houston) +16699006833,,89279149199# US (San Jose) Dial by your location +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) Meeting ID: 892 7914 9199 Find your local number: https://us06web.zoom.us/u/kREXBD0TG You will be instructed during the meeting when the public comment period is open for each agenda item. You can join the event starting at 5:45 p.m. on August 3, 2021. A request by Flathead County Water District #1 for an agency exemption on a parcel of land located in the Evergreen Zoning District. Cindy Murray, General Manager for the Evergreen Water & Sewer District gave notice to the Flathead County Board of Adjustment that they intend to purchase 1.134 acres of land for the construction of a construct two (2) drinking water wells and associated utility infrastructure in an area zoned SAG-10 (Suburban Agricultural), which is contrary to zoning regulations adopted by Flathead County. Pursuant to 76-2-402, MCA the board shall have no power to deny the proposed use but shall act only to allow a public forum for comment on the proposed use. The property can legally be described as Tract 3AA in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. A request from APEC Engineering, Inc., on behalf of Cedar Pointe, LLC, for a conditional use permit for the placement of nine unit multi-family dwellings (four duplexes and an existing mobile home) on a parcel located within the Evergreen Zoning District. The property is located at 426 Maple Drive and is currently in the process of a zone change from R-1 (Suburban Residential) to RA-1 (Residential Apartment). The total acreage involved in the request is 1.37 acres that can legally be described as Lot 15 in Block 2 of Mountain View in Section 33, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. A request from David Kauffman, on behalf of Forest Hills, Inc. for a variance to Section 3.07.040(4) of the Flathead County Zoning Regulations (FCZR), to the maximum structure height of 35 feet. The subject property is zoned SAG-10 (Suburban Agricultural) and SC (Scenic Corridor) and is located at 4610 Highway 40 W, within the Rural Whitefish and Scenic Corridor Zoning Districts. The property contains approximately 240 acres and can legally be described as Tract 1D in Section 07, and Tracts 2F and 2G in Section 08, all in Township 30 North, Range 21 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, August 3, 2021. 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/ Erik k Mack Erik K Mack, AICP® Interim Planning Director July 18, 2021 MNAXLP __________________________
No. 27932 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION RURAL WHITEFISH 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. 2417T) on July 8, 2021, to change the zoning designation in the Rural Whitefish Zoning District from SAG-10 (Suburban Agricultural) to R-2.5 (Rural Residential). The boundaries of the areas proposed to be amended from SAG-10 (Suburban Agricultural) to R-2.5 (Rural Residential).are described as: Tract 1 Parcel 1 of Certificate of Survey No. 19040, located in the Southeast Quarter of Section 16, Township 30 North, Range 21 West, P.M.M., Flathead County, Montana. Tract 2 Parcel 2 of Certificate of Survey No. 19040, located in the Southeast Quarter of Section 16, Township 30 North, Range 21 West, P.M.M., Flathead County, Montana. Tract 3 Parcel 3 of Certificate of Survey No. 19040, located in the Southeast Quarter of Section 16, Township 30 North, Range 21 West, P.M.M., Flathead County, Montana. Tract 4 Parcel 4 of Certificate of Survey No. 19040, located in the Southeast Quarter of the Southeast Quarter of Section 16, and the Northeast Quarter of the Northeast Quarter of Section 21, all in Township 30 North, Range 21 West, P.M.M., Flathead County, Montana. The regulations defining the SAG-10 and R-2.5 zones are contained in the Flathead County Zoning Regulations, on file for public inspection at the Office of the Clerk and Recorder, Courthouse, 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 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 Rural Whitefish 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 8th day of July 2021. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Randy L. Brodehl Randy L. Brodehl, Chairman July 18, August 1, 2021 MNAXLP __________________________
No. 27917 LEGAL NOTICE Montana Fish, Wildlife and Parks (FWP) seeks public comment on a proposal to purchase a conservation easement to protect approximately 27,289 acres of highly productive timberland and important fisheries and wildlife habitat in northwestern Montana to the east and south of Libby. The property is owned by the Stimson Lumber Company, one of the oldest continuously operating integrated wood products companies in the United States with roots dating back to the 1850s. The proposed conservation easement, to be held by FWP, would allow Stimson to retain ownership of these timberlands, preclude development, protect important wildlife habitat and key landscape connectivity, and provide permanent public access and associated recreational opportunities. A copy of the draft environmental assessment is available at the FWP office, 490 N. Meridian Rd., Kalispell; Montana State Library, 1515 E 6th Ave., Helena; FWP State Headquarters, 1420 E 6th Ave., Helena; and the FWP website at https://fwp.mt.gov/public-notices/news. FWP asks that comments on this draft environmental assessment be submitted to either of the following addresses by 5:00 pm on July 28, 2021: Kris Tempel, Montana Fish, Wildlife & Parks, 490 N. Meridian Rd, Kalispell MT 59901; or via email (ktempel@mt.gov). July 18, 2021 MNAXLP __________________________
No. 27933 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION WILLOW GLEN 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. 654BT) on July 8, 2021 to change the zoning designation in a portion of the Willow Glen Zoning District from R-1 (Suburban Residential to R-5 (Two-Family Residential). The boundaries of the areas proposed to be amended from R-1 (Suburban Residential to R-5 (Two-Family Residential): Parcel A of Certificate of Survey No. 8403, Located in Those Portions of Government, Lots 5 & 6 of Section 3, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Excepting Therefrom Parcel A of Certificate of Survey No. 15472 in Government Lot 5 of Section 3, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The regulations defining the R-1 and R-5 zones are contained in the Flathead County Zoning Regulations, on file for public inspection at the Office of the Clerk and Recorder, Courthouse, 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 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 Echo Lake 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 8th day of July, 2021. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Randy L. Brodehl Randy L. Brodehl, Chairman July 18, 2021 MNAXLP __________________________
No. 27912 PUBLIC NOTICE NO. MT-21-16 JULY 12, 2021 PURPOSE OF PUBLIC NOTICE The purpose of this notice is to state the Department's intention to issue a wastewater discharge permit to the facility listed in this notice. This permit is 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. The Water Protection Bureau has prepared a draft permit for the facility listed below. Copies of the draft permit, 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: City of Helena FACILITY NAME: Helena Wastewater Treatment Plant FACILITY LOCATION: 2108 Custer Ave. East Helena, MT 59602 COUNTY: Lewis and Clark RECEIVING WATER: Effluent Ditch to Prickly Pear Creek PERMIT NUMBER: MT0022641 DEQ is proposing a draft Montana Pollutant Discharge Elimination System (MPDES) permit renewal for the City of Helena Wastewater Treatment Plant (WWTP), serving a current population of about 30,000 people. The WWTP is an activated sludge, modified biological nutrient removal treatment plant with UV disinfection and two-stage anaerobic sludge digestion. Solids are filter pressed and either composted at the landfill (winter) or land applied (summer). Discharge is continuous to the City of Helena ditch, which is constructed solely for the transport of treated effluent to Prickly Pear Creek. The average daily design flow is 5.4 million gallons per day with a minimum detention time of approximately 32 hours. This permit and fact sheet will be submitted to the EPA for approval. PUBLIC COMMENT Public comments are invited ANYTIME PRIOR TO CLOSE OF BUSINESS AUGUST 11, 2021. 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 AUGUST 11, 2021, 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 (ARM 17.30.1373). 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-21-16 JULY 12, 2021 July 18, 2021 MNAXLP __________________________
No. 27874 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 Brett Miller et. al. to change the zoning designation in a portion of the Southeast Rural Whitefish Zoning District from SAG-10 (Suburban Agricultural) to R-2.5 (Rural Residential). The boundaries of the areas proposed to be amended from SAG-10 (Suburban Agricultural) to R-2.5 (Rural Residential) are described as: Tract 1 of Certificate of Survey No. 19749 (655 Armory Road/Portion of Lot 1B of Kings Whitetail Acres in Section 33, Township 31 North, Range 21 West) Lot 1 of Kings Whitetail Acres in Section 33, Township 31 North, Range 21 West, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana (577 Armory Road) Tract A of Certificate of Survey No. 4132 (565 Armory Road/Tract 6CE in NW4SE4 & NE4SW4 in Section 33, Township 31 North, Range 21 West) Lot 1 of Roy Subdivision in Section 33 Township 31 North, Range 21 West, according to the map or plat on file and of record in the Office of the Clerk and Recorder of Flathead County, Montana (573 Armory Road) Tract 2 of Certificate of Survey No. 19749, located and being in the Southwest Quarter of Section 33, Township 31 North, Range 21 West, P.M.M., Flathead County, Montana (679 Armory Road/Portion of Lot 1B of Kings Whitetail Acres) Lot 2 of Kings Whitetail Acres in Section 33, Township 31 North, Range 21 West, according to the map or plat thereof on file and if record in the office of the County Clerk and Recorder of Flathead County, Montana (605 Armory Road) The regulations defining the SAG-10 and R-2.5 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 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 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 3rd day of August, 2021 at 9:00 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 Southeast Rural Whitefish Zoning District. Written comments are encouraged and will be reviewed by the Commissioners if received prior to the hearing. DATED this 10th day of June 2021. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Randy L. Brodehl Randy L. Brodehl, Chairman July 18, 25, 2021 MNAXLP __________________________
No. 27943 Douglas D. Harris DOUGLAS HARRIS LAW OFFICES Attorney at Law 322 West Spruce Street P.O. Box 7937 Missoula, Montana 59807-7937 Telephone: (406) 549-5176 Email: sprucelaw@blackfoot.net ATTORNEY FOR PERSONAL REPRESENTATIVE MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY IN THE MATTER OF THE ESTATE OF: GLEN R. HAY, Deceased. Cause No.: DP-21-205C HEIDI J. ULBRICHT NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named estate. All persons having claims against the said deceased are required to present their claims within four (4) months after the date of the first publication of this Notice to Creditors or said claims will be forever barred. Claims must either be mailed to DONNA M. PUMMILL, Personal Representative, return receipt requested, in care of Douglas Harris, Attorney at Law, P.O. Box 7937, Missoula, Montana 59807-7937 or filed with the Clerk of the above-named Court. DATED this 15th day of July, 2021. /s/ Donna M. Pummill Donna M. Pummill PERSONAL REPRESENTATIVE July 18, 25, and Aug. 1, 2021 MNAXLP -------------------------------------------