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Legals for July, 24 2022

| July 24, 2022 12:00 AM

No. 28775 CITY OF COLUMBIA FALLS INVITATION TO BID Separate sealed bids for construction of the Overlay and Reconstruction Project will be received by the City of Columbia Falls at Columbia Falls City Hall, 130 6th Street West, Columbia Falls, MT, 59912 until 3:00 PM local time on Wednesday, August 10, 2022, and then publicly opened and read aloud. Pre-bid inquiries should be directed to C.R. Leisinger of Morrison-Maierle, Inc., Telephone 406-751-5864 or cleisinger@m-m.net. The project consists of improvements to several City streets in Columbia Falls including Beth Road, Martha Road, 1st St EN, Vans Ave, 13th St W, and 1st Ave W and includes the following major items: clearing, grubbing, and topsoil removal; asphalt pavement removal; asphalt pavement milling; earthwork, grading, and compaction; crushed base; new asphalt surfacing; concrete sidewalk; concrete curb and gutter; concrete dry well structures; signage and pavement markings; traffic control; and topsoil placement and seeding. Complete electronic Project Plans, Project Specifications, and Bid Proposal Packet are available at the Morrison-Maierle, Inc. website "www.m-m.net" by clicking on the "Project Bidding" tab, then "View our current projects bidding page" and selecting this project from the project list which will direct you to the QuestCDN website. Documents can only be viewed and cannot be downloaded or printed without purchasing. To purchase and download the project documents in pdf format, click "Download Project PDF" and sign on to QuestCDN.com. Plan documents and the Bid Proposal Packet can be downloaded for a fee of $30.00. Please contact QuestCDN at 952-233-1632 or email "info@questcdn.com" for assistance in the free membership registration, downloading documents, and working with this digital project information. Only firms obtaining documents by these methods will be placed on the Planholders List. In addition, the Drawings and Project Manual may also be examined at the following locations: The offices of the consulting engineer, Morrison-Maierle, Inc., at 172 Timberwolf Parkway Kalispell, Montana, and on the Montana Plan Exchanges at Montanabid.com. There will be a Pre-Bid Meeting held at Columbia Falls City Hall, 130 6th Street West, Columbia Falls, MT, 59912 at 10:00 AM on Wednesday, July 27, 2022. A tour of the project site(s) will be conducted after the meeting. CONTRACTOR(s) and any of the CONTRACTOR's subcontractors bidding on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). CONTRACTOR's are required to have registered with the DLI prior to bidding on this project. All laborers and mechanics employed by CONTRACTOR(s) or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the laws of the State of Montana in accordance with the the schedule of Montana Prevailing Wage Rates established by the Montana Department of Labor and Industry included in the Project Manual. Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to City of Columbia Falls, in an amount not less than ten percent (10%) of the total amount of the bid. Successful BIDDERS shall furnish an approved Construction Performance Bond and a Construction (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. No bid may be withdrawn after the scheduled time for the public opening of the Bids specified above. 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), and to accept the lowest responsive and responsible bid which is in the best interest of the City of Columbia Falls. The CONTRACTOR(s) is required to be an Equal Opportunity Employer. Published at Columbia Falls, Montana this 19th day of July 2022. /s/ Susan Nicosia City Manager Address: 130 6th Street West Columbia Falls, Montana 59912 July 24, 31, 2022 MNAXLP _________________________

No. 28750 LIBRARY BOARD VACANCY The Flathead County Commissioners are seeking citizens who are interested in serving on the Flathead County Library Board of Trustees. There is currently a one-year vacancy that runs July 1, 2022 to June 30, 2023. The job description can be viewed at https://imagineiflibraries.org/wp-content/uploads/2020/08/board-of-trustees_job-description.pdf. An application packet is required and is available by calling Teri Dugan at 758-5821. Your letter of interest and application packet should be submitted to the Flathead County Commissioners' Office, 800 South Main, Room 302, Kalispell, MT 59901 or emailed to dmagar@flathead.mt.gov no later than 4:30 p.m. on Monday, August 1, 2022. July 10, 24, 2022 MNAXLP __________________________

No. 28778 NOTICE OF PUBLIC HEARING FLATHEAD COUNTY PLANNING BOARD REGULAR MEETING The Flathead County Planning Board will hold their regular meeting on Wednesday, August 10, 2022, beginning at 6:00 PM in the 2nd floor conference room of the South Campus Building, 40 11th Street West, Kalispell, Montana. During this meeting, the Board will hold a public hearing to consider the agenda items described below and make a recommendation to the Board of County Commissioners who will take final action. 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. You will be instructed during the meeting when the public comment period is open for each agenda item. Join Zoom Meeting https://us06web.zoom.us/j/89122261228 Meeting ID: 891 2226 1228 One tap mobile +12532158782,,89122261228# US (Tacoma) +13462487799,,89122261228# US (Houston) Dial by your location +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 669 444 9171 US +1 669 900 6833 US (San Jose) +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 646 931 3860 US +1 929 205 6099 US (New York) Meeting ID: 891 2226 1228 Find your local number: https://us06web.zoom.us/u/kdC4dSXYji A zone change request from Midway MM Inc., with technical assistance from Sands Surveying, Inc. for property within the Happy Valley Zoning District. The proposal would change the zoning on three parcels located at 4899 Highway 93 S (assessor numbers 0644000, 0644050, 0902650) near Whitefish, MT from B-1 (Neighborhood/Professional Business) to B-2 (General Business). The total acreage involved is approximately 1.46 acres that can legally be described as follows: Lots 283 and 284 of Happy Valley Homesites, in Section 25, Township 30 North, Range 22 West, P.M.M., according to the map or plat thereof on file and of record in the office of the County Clerk & Recorder of Flathead County, Montana EXCEPTING THEREFROM that portion deeded to the State of Montana in Quitclaim Deed recorded June 14, 1996 as Instrument No. 1996-166-14120. AND Lot 285 of Happy Valley Homesites in the SE1/4 NE1/4 of Section 25, Township 30 North, Range 22 West, P.M.M., Flathead County, Montana. EXCEPTING THEREFROM that portion deeded to the State of Montana in Bargain and Sale Deed recorded August 1, 1991 as Instrument No. 91-213-10430 ALSO EXCEPTING THEREFROM that portion deeded to the State of Montana in Quitclaim Deed recorded February 5, 1996 as Instrument No. 96-036-08070. A zone change request from James B. & Tracy D. Lee, with technical assistance from Sands Surveying, Inc. for property within the Airport Road Zoning District. The proposal would change the zoning on a parcel of land located at 2449 Airport Road, Kalispell, MT from SAG-10 (Suburban Agricultural) to R-2.5 (Rural Residential). The total acreage involved in the request is approximately 5 acres that can legally be described as Parcel 1 of Certificate of Survey No. 19942, a tract of land situated, lying, and being in the South Half of the Southwest Quarter of Section 29, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. A request from Sands Surveying, Inc., on behalf of Brian W. & Crystal L. Ray, for preliminary plat approval of Schrade Road Subdivision, a proposal to create four (4) residential lots on 21.376 acres. The proposed lots would be served by individual wells and septic systems. The property is located along Schrade Road, Kalispell, MT in the Highway 93 North Zoning District and is zoned SAG-5 (Suburban Agricultural). The property can legally be described as a portion of a tract of land situated, lying and being in the Southwest Quarter of the Southeast Quarter (SW1/4 SE1/4) of Section 6, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. (Lot 1 of Ray Subdivision) A request from Sands Surveying, Inc. and 406 Engineering, on behalf of Wally Wilkinson, representing Rogers Lake, LLC, for preliminary plat approval of Canyon Creek Estates, a proposal to create 15 residential lots on 100.1 acres. The proposed lots would be served by individual septic systems and individual and shared wells. The properties are located on the north side of Rogers Lake Road, approximately 0.9 miles south of Highway 2 and are unzoned. The parcels can legally be described as Tract 1BA (Assessor No. 0015178) and Tract 1BAA (Assessor No. 0015269) in the East 1/2 of the North 1/2 of Section 21, Township 27 North, Range 23 West, P.M.M., Flathead County, Montana. A request from John Ray, with technical assistance from Breckenridge Surveying and Mapping, PLLC, for preliminary plat approval of Antler Bluff 10B Amended, a proposal to create two (2) residential lots on 4.88 acres. The proposed lots would be served by individual wells and septic systems. The property is located at 520 and 590 Antler Bluff near Columbia Falls, MT and is unzoned. The parcel can legally be described as Lot 10B of Antler Bluff 10 Subdivision in Section 13, Township 30 North, Range 20 West, P.M.M., Flathead County, Montana. A request from The Standard Development, LLC for preliminary plat approval of a 16-unit condominium to be known as The Story. The proposal would be served by public water and sewer. The property is located at 3854 Winter Lane, Whitefish, MT and is unzoned. The parcel is 0.333 acres and can legally be described as Lot 21 of Big Mountain View Subdivision in Section 2, Township 31 North, Range 22 West, P.M.M., Flathead County, Montana. + A request by the Middle Canyon Land Use Advisory Committee for an amendment to the Flathead County Growth Policy, specifically to add the West Glacier Vision Plan as an addendum to the Canyon Plan which has been incorporated into the Flathead County Growth Policy. This item was tabled at the A request by the North Fork Land Use Advisory Committee to amend Section 3.40 (NF North Fork) of the Flathead County Zoning Regulations (FCZR). The proposed changes are extensive in nature and the request is considered to be a complete rewrite of Section 3.40 (NF North Fork). This item was tabled at the June 9, 2021 planning board meeting. Documents and maps pertaining to these agenda items are on file for public inspection in the Flathead County Planning and Zoning Office, South Campus Building, 40 11th Street West, Ste. 220 in Kalispell. All decisions made by the Planning Board are considered recommendations and will be forwarded to the Board of County Commissioners for final action. Please check the County Commissioners page of the County website, http://flathead.mt.gov/commissioner, or contact the Commissioners' office for the scheduled date and time of a particular item. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. For additional information contact the Flathead County Planning and Zoning Office at (406) 751-8200. Written comments are strongly encouraged to be submitted and should be received by the Flathead County Planning & Zoning Office no later than August 10, 2022 @ 5:00 p.m. Please note agenda items are subject to change without notice. Any modifications to agenda items will be posted on the county website, http://flathead.mt.gov/planning_zoning/events.php Please note agenda items are subject to change without notice. Persons with a disability may request a reasonable accommodation by contacting the Flathead County Planning & Zoning Office at 406-751-8200 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,AICP Planning Director July 24, 2022 MNAXLP _________________________

No. 28758 NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, that the City Council of the City of Columbia Falls, Montana, will hold public hearings beginning on August 1, 2022 at 7:00 p.m. in the Columbia Falls City Hall, 130-6th Street West, Columbia Falls, Montana, for the following purposes: Preliminary Budget Presentation and consideration of the preliminary budget for fiscal year beginning July 1, 2022 and ending June 30, 2023. This hearing will be continued until final adoption of the budget after receiving the certified taxable valuation. Special Assessments Consideration of the adoption of the Street Lighting District and Street Maintenance District assessments for FY2022/2023. Council will hear any objections to the final adoption of the resolution levying special assessments for FY 2022/2023. Special Assessments are estimated as follows: Street Lighting District $30,049 Street Maintenance District $316,000 Individual property payment schedules are available for inspection ten (10) days from this notice, in the office of the City Clerk, 130 6th Street West, Columbia Falls, Montana, during regular hours Monday through Friday, 7:00 AM to 6:00 PM. Permissive Medical Levy Consideration of adoption on the proposed tax levy to fund health insurance premium contributions for group benefits beyond the amount of contributions in effect on June 30, 1999. The actual mills for consideration will be made available upon receipt of the certified tax valuation for the year. Taxpayers are encouraged to attend the hearings and give written or oral comments on any or all of the budget-related items. 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 5th DAY OF JULY, 2022 s/Barb Staaland, City Clerk July 17, 24, 2022 MNAXLP __________________________

No. 28752 Notice of Public Hearing and Comment Period on Water Quality Standards Rulemaking Before the Montana Department of Environmental Quality On June 3, 2022, the Department of Environmental Quality (department) initiated rulemaking on proposed NEW RULE I which implements statute at 75-5-320, MCA. The statute at 75-5-320, MCA, provides the department authority to adopt rules which describe criteria and procedures to issue temporary variances to water quality standards, under certain conditions. NEW RULE I sets forth these criteria and procedures, as well as the applicable conditions. The statute at 75-5-320, MCA, was adopted during the 2019 Regular Session of the Montana Legislature and provides the means for dischargers to qualify for water quality standards variances under state law and as provided in federal law at 40 CFR 131.14 (the federal regulation for water quality standards variances). For purposes of consistency with federal law, NEW RULE I also adopts 40 CFR 131.14 by reference. A water quality standards variance is a time-limited water quality standard for a specific pollutant(s) or water quality parameter(s) that reflects the highest attainable condition during the term of the variance. When a variance is approved, the goal remains full attainment of the underlying beneficial use and criterion from which the variance is sought, and all other applicable water quality standards not specifically addressed by the water quality standards variance remain applicable. NEW RULE I may be used to seek a temporary variance from a variety of different Montana water quality standards, both narrative and numeric, including those found in Department Circular DEQ-7. Under NEW RULE I, a variance may be granted based on one of six factors referenced at 40 CFR 131.14(b)(2)(i)(A)(1). On August 18, 2022, at 10:00 a.m., a public hearing will be held in room 111 of the Metcalf Building, 1520 East Sixth Avenue, Helena, Montana, to consider NEW RULE I. You may also join the meeting virtually via Zoom. More information is available on the department's website, including instruction on how to attend remotely, at https://deq.mt.gov/public/publiccomment. The department will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice (see the MAR notice on the website for details). You are invited to submit data, views, or arguments, either orally or in writing, at the hearing. Written data, views, or arguments may also be submitted to Loryn Johnson, Paralegal, Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 444-4386; or e-mailed to loryn.johnson2@mt.gov , no later than 5:00 p.m., August 22, 2022. To be guaranteed consideration, mailed comments must be postmarked on or before that date. July 10, 17, 24, 2022 MNAXLP __________________________

No. 28779 CITY OF COLUMBIA FALLS NOTICE OF PUBLIC HEARINGS The Columbia Falls City-County Planning Board will hold public hearings for the following items at their regular meeting on Tuesday, August 9, 2022 at 6:30 p.m. at the Cafetorium in the Columbia Falls Junior High School, 1805 Talbot Road, Columbia Falls, Montana. The Columbia Falls City Council will hold a subsequent hearing on August 22, 2022 starting at 7:00 p.m. in the same location. Request for a Zoning Map Amendment in the Columbia Falls Planning Jurisdiction: Loretta and Ronald Levang are requesting a zoning map amendment that will rezone a portion of their property from the existing CSAG-10 zoning to a CR-1 Zoning. The property is located at 435 Rogers in Columbia Falls and is described as Assessor's Tracts 2B in Section 21, Township 30 North, Range 20 West, P.M.M., Flathead County (The rezoning only effects that portion of the property zoned CSAG-10 and not the portion that is unzoned or that has the Scenic Overlay). Postponed from July 12, 2022: Request for a Zoning Map Amendment in the Columbia Falls Planning Jurisdiction: James Barnett on behalf of River Highlands LLC is requesting a zoning map amendment in the Columbia Falls Zoning Jurisdiction. The property is located at 264,316,378,494 River Road in Columbia Falls and is described as Lots 1, 2, & 3 of Loffler Subdivision and Assessor's Tracts 7 B and 7BB (Tracts 1 and 3 of COS 14045) in Section 16, Township 20 North, Range 20 West, P.M.M., Flathead County. The property is currently zoned CR-3 (One Family Residential) and the applicant is proposing CR-4 (Urban Residential). Request for a Planned Unit Development in the Columbia Falls Zoning Jurisdiction: James Barnett on behalf of River Highlands LLC is requesting a Planned Unit Development in the Columbia Falls Zoning Jurisdiction; the development is called River Highlands Apartments. The property is located at 264,316,378, & 494 River Road in Columbia Falls and is described as Lots 1, 2, & 3of Loffler Subdivision and Assessor's Tracts 7 B and 7BB (Tracts 1 and 3 of COS 14045) in Section 16, Township 20 North, Range 20 West, P.M.M., Flathead County. The project consists of 65 attached single family row houses, 390 apartment units and 10 row house units dedicated to the Northwest Montana Community Land Trust. The total unit count is 455 units on 49.1 acres gross for a density of 9.2 units per acre. The applicant is proposing 21.5 acres (43%) of the site as park and open space. With the project, the applicants are proposing to move River Road further east on Highway 2 and if supported by the MDOT the applicants would install a traffic signal at Highway 2 and River Road. Two deviations are requested with the PUD; the applicant is requesting to zoning deviations, one would allow an increase in height of ten feet allowing a portion of the apartment buildings to approach 45 feet in height and the second deviation would reduce the parking requirement from 2 spaces per unit down to 1.5 spaces per unit. Request for a subdivision in the Columbia Falls Zoning Jurisdiction: James Barnett on behalf of River Highlands LLC is requesting a Subdivision in the Columbia Falls Zoning Jurisdiction. The property is located at 264,316,378, & 494 River Road in Columbia Falls and is described as Lots 1, 2, & 3of Loffler Subdivision and Assessor's Tracts 7 B and 7BB (Tracts 1 and 3 of COS 14045) in Section 16, Township 20 North, Range 20 West, P.M.M., Flathead County. The subdivision will create 21 lots (17 residential and 4 open space lots). The subdivision will extend Municipal water and sewer services along with reconstructing River Road and incorporating a detached pedestrian path. The new roads within the project will be privately maintained but open to the public. The proposed subdivision is part of the zone change and PUD application for River Highlands Apartments. Persons are encouraged to submit written comments prior to the meeting. Written comments carry the same weight as public testimony given during the hearing. Written comments may be sent to Columbia Falls City Hall, Attention: Barb Staaland, City Clerk, 130 6th Street West, Room A, Columbia Falls, MT 59912 or via email: staalandb@cityofcolumbiafalls.com. Submit comments no later than Tuesday, August 2nd to be included in the Planning Board packet. For more information on the proposed Zone Change or Planned Unit Development, please call Eric Mulcahy, Columbia Falls City Planner at 755-6481. NOTE: These hearings will not be available via ZOOM or any other virtual means. DATED this 20th day of July, 2022 /s/ Susan Nicosia Susan Nicosia, City Manager/Planning & Zoning Administrator COLUMBIA FALLS CITY- COUNTY PLANNING BOARD July 24, 2022 MNAXLP __________________________

No. 28768 DARRELL T. PETERSON PETERSON, PETERSON & SHORS, P.C. Attorneys at Law P.O. Box 10 Cut Bank, Montana 59427 Telephone (406) 873-2231 MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY IN THE MATTER OF THE ESTATE OF WILLIAM R. EDENS, Deceased. File No. DP 22 - 97D 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 months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be mailed to Metha A. Edens, the personal representative, return receipt requested, at %Darrell T. Peterson, Attorney at Law, Peterson, Peterson & Shors P.C., P. O. Box 10, Cut Bank, Montana 59427, or filed with the Clerk of the above-entitled Court. I declare under penalty of perjury and under the laws of the State of Montana that the foregoing is true and correct. DATED this 12th day of July, 2022. /s/ Metha A. Edens Metha A. Edens 189 Crestline Ave, Kalispell, MT 59901 /s/ Darrell T. Peterson Darrell T. Peterson, Attorney July 17, 24, 31, 2022 MNAXLP __________________________

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