Legals for July, 16 2023

No. 29584 CITY OF COLUMBIA FALLS INVITATION TO BID 2023 CHIP SEAL PROJECT The City of Columbia Falls, Montana will receive sealed bids for the 2023 Chip Seal Project. The project consists of furnishing materials, labor and equipment required to chip seal approximately 52,022 sy of City streets and install pavement marking tabs. Bid documents may be obtained at City Hall, 130 6th Street West, Columbia Falls, MT 59912 or on the City’s website, www.cityofcolumbiafalls.org. Chip Sealing shall be completed on or before October 31, 2023, or in the spring of 2024 prior to June 30, 2024, as weather permits. Any bidder wishing further information should contact the City of Columbia Public Works Director, Chris Hanley, phone (406) 892-4430. Bids will be received by the City Clerk, 130 6th Street West, Columbia Falls MT. 59912 until 2:00 P.M. on Wednesday, July 26, 2023, at which time all bids will be publicly opened and read aloud in the City Council Chambers, 130 6th Street West, Columbia Falls. MT 59912.Proposals shall be addressed to the City Clerk, 130 6th Street West, Columbia Falls, MT 59912 and entitled BID FOR 2023 CHIP SEAL PROJECT. Each bid must be accompanied by bid security in the amount of 10% of the bid. The security must consist of cash, a cashier’s check, a certified check, a bank money order, a certificate of deposit, a money market certificate, or a bank draft. The security must be: (i) drawn and issued by a federally chartered or state-chartered bank or savings and loan association that is insured by or for which insurance is administered by the federal deposit insurance corporation;(ii) drawn and issued by a credit union insured by the national credit union share insurance fund; or (iii) a bid bond or bonds executed by a surety company authorized to do business in the state of Montana. The bid security must be signed by an individual authorized to submit the security by the corporation or other business entity on whose behalf the security is submitted. The City will accept the lowest responsible bid, but the City Council reserves the right to reject any and all bids or to waive any technicality or informality and accept any bid which may be deemed in the best interest of the City. s/Barb Staaland Barb Staaland City Clerk July 9, 16, 2023 MNAXLP __________________________

No. 29592 CALL FOR BID Used 45 Ton Articulated Truck Notice is hereby given that the Solid Waste District Board will receive bids for the purchase of ONE Used 45 Ton Articulated Truck for the Flathead County Solid Waste District. A copy of the Used 45 Ton Articulated Truck specifications along with instructions to bidders, and contract documents for this equipment are available from Flathead County Solid Waste District, 4098 Highway 93 N, Kalispell, MT 59901. If a bidder has any questions, they can contact the Director David Prunty at (406) 758-5912. Each bidder must deposit with his bid, a bid security in the amount of ten percent (10%) of his bid to secure the bidder’s express covenant that if the bidder is awarded the contract, the bidder will, within ten (10) days, enter into a formal contract for the purchase and sale of said Used 45 Ton Articulated Truck. Bid security shall be payable to Flathead County and shall be in the form of lawful money of the United States; a cashier’s check, certified check, bank money order, or bank draft issued by a Montana bank, or bid bond executed by a surety corporation authorized to do business in Montana. Where bids and quality of product are comparable, preferences will be given to equipment of Montana production and to Montana resident bidders over non-residents, if an appropriate affidavit under Section 18-1-113, M.C.A., accompanies the bid. The bidder shall include with the bid a contract form to be executed by the parties. The District reserves the right to negotiate the terms of said proposed contract (excluding prices contained therein) and to consider the terms of said proposed contract in determining the award of bid. All sealed bids, plainly marked “SEALED BID - Used 45 Ton Articulated Truck” must be in the hands of the Flathead County Solid Waste District, 4098 Hwy 93 N., Kalispell, Montana 59901, on or before 1:00 p.m., on July 27, 2023. Bids will be opened and read shortly thereafter on July 27, 2023 in the Solid Waste District Office, 4098 Hwy 93 N., Kalispell, Montana. The award of bid will be made solely by the issuance of a letter of award to the successful bidder by the Office of the Flathead County Solid Waste District. The Solid Waste District reserves the right to accept or reject any bid and to waive any irregularities, which are deemed to be in the best interest of the County. Dated this July 10, 2023 FLATHEAD COUNTY SOLID WASTE DISTRICT BY: /S/ David R. Prunty, Director ATTEST: /S/ Deborah Morine July 16, 23, 2023 MNAXLP __________________________

No. 29593 SURPLUS PROPERTY RESOLUTION  July 12, 2023  SURPLUS PROPERTY DISPOSAL  Bigfork Elementary School District No. 38 Bigfork High School District No. 38 Flathead and Lake Counties  Bigfork, Montana 59911  WHEREAS, the trustees of Bigfork Elementary & High School District No. 38 declared surplus property at a business meeting on July 12, 2023;  WHEREAS, the surplus property includes the following: 1993 Ford F150 XL 2 wheel drive, 1994 F150 XLT 4 wheel drive flatbed, 2009 John Deer 2320 lawn tractor, 2010 Ford 6.5ft truck bed, truck topper, 6 pallets of T-8 Lithonia Lighting 203L1F, 2 Hydro Therm boilers KN-10, 106 Unifi security cameras and 100 Chromebooks suitable for parts.  WHEREAS, the items have been replaced or are no longer needed by the District;  WHEREAS, the District would like to dispose of the items;  THEREFORE, BE IT RESOLVED, the items will be sold and or disposed of after Monday, July 31, 2023.  Approved by the Board of Trustees of Bigfork Elementary and High School District No. 38, Flathead and Lake Counties, on July 12, 2023 at a regular meeting held in the Bigfork High School library. July 16, 2023 MNAXLP __________________________

No. 29597 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION UPDATE TO CHAPTER 3: HOUSING AND DEMOGRAPHICS The Board of Commissioners of Flathead County, Montana, hereby gives notice that it passed a Resolution of Intention (Resolution No. 2015Z) on July 11, 2023, to consider an amendment to the Flathead County Growth Policy as initiated by the Flathead County Planning Board. The proposed amendment would update Chapter 3: Housing and Demographics of the Flathead County Growth Policy. Documents related to the proposal are on file at the Office of the Board of Commissioners, 800 South Main Street, Room 302, Kalispell, Montana, at the Flathead County Planning and Zoning Office, 40 11th Street West, Kalispell and online at: http://flathead.mt.gov/planning_zoning/downloads.php. Documents related to this proposal are also on file for public inspection at the Office of Board of Commissioners and at the Flathead County Planning and Zoning Office. The Board of Commissioners will give the public an opportunity to comment in writing on the proposed amendment to the Flathead County Growth Policy and will consider any written comments which are received in the Board’s Office prior to August 10, 2023. The Board will consider whether to pass a final resolution adopting the proposed amendment after that date. DATED this 11th day of July, 2023. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Brad W. Abell Brad W. Abell, Chairman July 16, 23, 2023 MNAXLP __________________________

No. 29601 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 1, 2023, beginning at 6:00 PM in the 2nd Floor Conference Room of the South Campus Building, 40 11th Street West, Suite 200, Kalispell, Montana. 1. A request from Flathead Electric Cooperative for a conditional use permit to have an electrical distribution substation on property located at 4396 Highway 40 W, near Columbia Falls, MT. The property is located within the Scenic Corridor and Rural Whitefish Zoning District and is zoned Scenic Corridor and R-2.5 (Rural Residential). The total acreage involved in the request is approximately 1.48 acres that can legally be described as Tract 2 of Certificate of Survey No. 14854 in the North Half of the Northeast Quarter of Section 17, Township 30 North, Range 21 West, P.M.M., Flathead County, Montana. 2. An appeal by Lynzie & Leonard Castro and Brett & Becky Hughes, regarding the Zoning Administrator approval of an Administrative Conditional Use Permit (FACU-23-53) on June 13, 2022, for short-term rental housing. The property is located at 223 Swan River Road, near Bigfork, MT, within the Bigfork Zoning District and contains approximately 3.556 acres. The property is zoned AG-40 (Agricultural) and can legally be described as Lot 3 of Green View Estates in the W ½ NW 1/4 in Section 21, Township 27 North, Range 19 West, P.M.M., Flathead County, Montana. 3. A request from The Glieden Lodge Trust, for the establishment of ‘Short-term Rental Housing’ on property located within the Bigfork Zoning District. The property is located at 425 Grand Drive, Bigfork, MT and is zoned B-3 (Community Business). Per Section 2.06.045(5) of the Flathead County Zoning Regulations (FCZR), if written opposition from adjacent property owners was received prior to the end of the comment period and the expressed concerns of opposition cannot be resolved by the applicant or by conditions of approval, the Flathead County Board of Adjustment is required to review the request. The property contains approximately 0.225 acres that can legally be described as Tracts 3GS & 3GD in Section 36, Township 27 North, Range 20 West, P.M.M., Flathead County, Montana. 4. A request from J and E Properties LLC, for a conditional use permit to allow multi-family dwellings on property located at 418 Maple Drive, Kalispell, MT. The applicant is proposing three (3) duplex structures, for a total of six (6) units. The property is located within the Evergreen Zoning District and is zoned RA-1 (Residential Apartment). The total acreage involved in the request is approximately 0.418 acres that can legally be described as Lot 13B of Certificate of Survey No. 7805, being a part of Lot 13 of Block 2 of Mountain View located in Section 33, Township 29 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 1, 2023. 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 the Planning & Zoning Office at 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. Erik K Mack, AICP ® Planning Director July 16, 2023 MNAXLP __________________________

No. 29602 NOTICE FOR PUBLIC COMMENT REQUEST FOR FLOODPLAIN DEVELOPMENT PERMIT The City of Kalispell Floodplain Administrator has received the following Floodplain Development Permit application: A request was submitted by Kim Morisaki for a floodplain development permit to do work within the floodway. They wish to demolish the existing, unsafe baseball dugouts and construct new dugouts in the same location with the same footprint at existing grade. The new concrete slabs will improve flow characteristics if flooding were to occur. The site is located at 54 Begg Park Dr, Kalispell, Montana, and is more particularly described as Begg Park situated in SE ¼, NE ¼ of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. A more precise map and description of the proposal is available for review at the City of Kalispell Planning Department, 201 First Avenue East, Kalispell, Montana. Written or oral comments concerning the above request should be directed to the Floodplain Administrator, City of Kalispell, 201 First Avenue East, Kalispell, MT 59901, (406) 758-7940. Comments will be received through Monday, July 31, 2023. In the event of substantial comment or protest to the issuance of the permit, the Kalispell Floodplain Administrator may hold a public hearing to determine whether the permit shall be issued. July 16, 2023 MNAXLP __________________________

No. 29605 NOTICE FOR PUBLIC COMMENT REQUEST FOR FLOODPLAIN DEVELOPMENT PERMIT The Flathead County Floodplain Administrator has received the following Floodplain Development Permit applications: FDP-23-04 A request by Connie Valentine with technical assistance from Steve Settle and Carver Engineering, for the placement of riprap for bank stabilization within the 100-year floodplain and regulatory floodway of the Stillwater River. The subject property is located at 205 and 251 Riverside Drive in Kalispell, and the correct legal description of the property is Tract 11KR in Section 5, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The complete application may be viewed at our office. Written or oral comments concerning the above requests should be directed to the Floodplain Administrator at the Flathead County Planning & Zoning Office, South Campus Building, 40 11 TH Street West, Suite 220, Kalispell, Montana 59901, (406) 751- 8200. Comments should be received by 5:00 PM on Wednesday, August 2, 2023. Erik K. Mack, AICP ® Planning Director Flathead County Planning & Zoning July 16, 2023 MNAXLP __________________________

No. 29608 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION FLATHEAD COUNTY ZONING REGULATIONS The Board of Commissioners of Flathead County, Montana hereby gives notice pursuant to Section 76-2-205(2), M.C.A. that it passed a resolution of intention (Resolution No. 955IM) on July 13, 2023, to amend the text in Section 5.11 of the Flathead County Zoning Regulations. The proposed amendments are described as follows: 1. Amend Section 5.11.020 to read: The use of a dwelling, accessory dwelling, or a guest house as Short-term Rental Housing requires Administrative Conditional approval as outlined in Section 2.06.045 except as otherwise noted as a permitted use in Chapter III – Establishment and Definition of Districts. 1. No more than two Short-term Rental units per tract of record shall be established in AG-80, AG-40, AG-20, SAG-10, SAG-5, R-2.5, R-1, R-2, R-3, RC-1, BS, AL, LBL, LL, LS, RL, and WV use districts. 2. Two or more Short-term Rental units per tract of record may be established in R-4, R-5, RA-1, and B-5 use districts. 2. Amend Section 5.11.030 to read: Maximum occupancy shall be set by the sewage capacity as determined by the Flathead City-County Environmental Health Department, the applicable sewer district, or the number of bedrooms in the dwelling(s), whichever is fewer. 3. Amend Section 5.11.050 to read: Short-term rentals are allowed one sign to indicate a Short-term Rental operation. The signage must be located on the subject property. 1. The sign shall be no larger than 1 square foot. 2. Information displayed on the signage shall be limited to the name of the property owner, the property address, or the property management company associated with the Short-term Rental. 4. Amend Section 5.11.060 to read: The name and number of a local contact person or management company shall be provided with the Administrative Conditional Use application. This contact person or management company shall be available 24 hours a day, seven days a week, and be able to arrive at the subject property within one hour should there be an emergency or problem. The contact information for the local contact person or management company shall be sent via certified mail by the applicant to all property owners within 150 feet of the property applying for Short-term Rental Housing. 1. Quiet hours shall be established by the property owner and approved by the Zoning Administrator. A. Quiet hours shall be enforced by the emergency contact, and the emergency contact shall be available to address and mitigate potential problems. B. Quiet hours/house rules shall be posted within the short-term rental and in any online advertising. 5. Amend 5.11.090 to read: The property being utilized as Short-term Rental Housing shall have adequate off-street parking spaces. 1. A Short-term Rental within the principal dwelling must have a minimum of two (2) off-street parking spaces. 2. A Short-term Rental within the guest houses or accessory dwellings shall have a minimum of 2 (two) off-street parking spaces in addition to the requirements for the principal dwelling. 3. For dwellings with 4 bedrooms or more, one (1) additional off-street parking space is required. 6. Amend Section 5.11.110 to read: With the issuance of a Short-term Rental permit, the property owner/applicant shall receive a fire safety brochure from the Planning Office. The brochure will be conditioned to be posted on-site at the location of the short-term rental. 7. Amend Section 5.11.120 to read: The approval of an Administrative Permit for Short-term Rental Housing is subject to suspension or revocation should any of these standards and any additional conditions of approval not be met, or if there are three separate verified violations of the permit conditions or criminal violations related to the operation of Short-term Rental Housing. 1. If the Short-term Rental was approved administratively the Zoning Administrator has the right to suspend the Short-term Rental. A. The suspension can be appealed to the Flathead County Board of Adjustment and shall follow the procedures outlined in Section 2.04.020. The Flathead County Board of Adjustment can move to dismiss the suspension, uphold the suspension or revoke the permit. 2. If the short-term rental was approved by the Flathead County Board of Adjustments, the Zoning Administrator has the right to temporarily suspend the Short-term Rental pending a Board of Adjustment hearing. A. The process shall follow the procedures outlined in Section 2.04.020 B. The Flathead County Board of Adjustment can move to impose a formal suspension, dismiss the suspension or revoke the permit. 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, located at 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 amendments to the regulations are on file for public inspection at the Office of the Board of Commissioners and at 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 comments to the proposed text amendment. Within 30 days after the expiration of the comment period, the Board of Commissioners may in its discretion pass the resolution amending the text in Section 5.11 of the Flathead County Zoning Regulations. DATED this 13th day of July 2023. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Brad W. Abell Brad W. Abell, Chairman July 16, 23, 2023 MNAXLP __________________________