Legals for January, 21 2024
NO. 29984 Montana 11th Judicial District Court Flathead County In the Matter of the Name Change of: Jeffrey Theodore Roth Jeffrey Theodore Roth Petitioner Cause No.: DV-23-1437 Notice of Hearing on Name Change ROBERT B ALLISON This is notice that Petitioner has asked the District Court for a change of name from Jeffrey Theodore Roth to Jeffrey Theodore Just. The hearing will be held at the Justice Ceneter in Flathead County, 920 South Main, Kalispell, Montana on 2/28/2024 at 8:30 a.m. Date:12/26/2023 PEG L. ALLISON Clerk of District Court BY: /s/Prisha Quesada Deputy Clerk of Court Dec. 31, 2023 and Jan. 7, 14, 21, 2024 MNAXLP __________________________
NO. 29986 Request for Proposals to Conduct Herbicide Applications on the Bed of Flathead Lake The project goal is to treat flowering rush on the bed of Flathead Lake in 2024 in a safe, effective, and timely manner. Treatments are for lands lying within the Flathead Indian Reservation. The Salish Kootenai College Extension Program (SKCE) is seeking a qualified commercial applicator(s) to perform herbicide applications on flowering rush during the Flathead Lake drawn down period. The application window is approximately March 15 through May 15, depending on climatic conditions and Flathead Lake filling rate. The work consists of treating approximately seventy-two sites along 62 miles of shoreline, ranging in size from .1 to 3 acres. For a Request for Proposals package contact Virgil Dupuis, SKCE Extension Director and SKC Project Manager. Questions may be directed to him at 406-275-4899, or email him at virgil_dupuis@skc.edu. Bids may be hand delivered to the SKC Business Office with the back of the envelope marked, “2024 Aquatic Herbicide Bid” on Feb 19 at 4:30 pm, or be post marked by Feb 16 , 2024. Salish Kootenai College Business Office c/o Audrey Plouffe PO Box 70 58138 Highway 93 Pablo, MT 59855 Jan. 14, 21, 2024 MNAXLP __________________________
NO. 29996 Lori B. Miller Lori B. Miller, P.C. P.O. Box 4955 Whitefish, MT 59937 Telephone (406) 730-2752 Attorney for Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT FLATHEAD COUNTY In the Matter of the Estate of PATRICIA L. MILLER-TARPLEY Deceased. Case No. DP-23-313 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that Mark L. Miller has been appointed as personal representative of the above-named estate. All persons having claims against the decedent 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 Lori B. Miller, P.C., attorney for the personal representative, return receipt requested, at P.O. Box 4955, Whitefish, Montana, 59937, or filed with the Clerk of the above Court. Dated this 3rd day of December 2024. LORI B. MILLER, P.C. By: Lori B. Miller Lori B. Miller, Attorney at Law Jan. 7, 14, 21, 2024 MNAXLP __________________________
NO. 30004 CALL FOR BIDS Notice is hereby given that sealed bids for the crushing and stockpiling of three different gravel materials at one Flathead County gravel pit will be received by the County Board of Commissioners of Flathead County, Montana. The work contemplated consists of crushing and stockpiling the following: A. Approximately 100,000 tons of Surface Course Aggregate at the Old Steel Bridge Pit. Crushed material to meet Montana Public Works Standard Specifications, 7th Edition, 2021, Section 02510, Asphalt Concrete Pavement, Surface Course Aggregate, Type C. The Contractor shall be responsible for developing an asphalt mix design to ensure that the aggregate being crushed will produce a final product in compliance with the specifications. Currently, PG64-22 is the oil used for mix. All required testing shall be conducted by the Contractor. The aggregate shall be placed in three stockpiles: 1. Crushed Course, 2. Crushed Fines, and 3. Natural Fines. B. Approximately 17,500 tons of 3/8 inch Seal Coat Aggregate at the Old Steel Bridge Pit. Crushed material to meet Montana Public Works Standard Specifications, 7th Edition, 2021, Section 02504, Asphalt Seal Coat, 3/8” Seal Coat Aggregate, Table 2. All required testing shall be conducted by the Contractor. Contractor shall perform sieve analysis every 1,000 tons. C. Approximately 25,000 tons of sanding material at the Old Steel Bridge Pit. Crushed material to meet MDT Standard Specification. Furnish sand surfacing meeting Grade 4 Table 701-7 gradation requirements. PERCENTAGE BY WEIGHT PASSING SQUARE MESH SIEVES Sieve Size Grade 1 ½ inch (37.5 mm) Grade 1- 100 1 inch (25.0 mm) Grade 2- 100 ¾ inch (19.0 mm) Grade 3- 100 ½ inch (12.5 mm) Grade 4- 100 No. 4 (4.75 mm) Grade 5- 100 No. 10 (2.00 mm) Grade 1- 65 min. Grade 2- 65 min. Grade 3- 65 min. Grade 4- 50 min. Grade 5- 50 min. No. 200 (0.075) Grade 1- 20 max. Grade 2- 20 max. Grade 3- 20 max. Grade 4- 20 max. Grade 5- 20 max. The liquid limit for the material passing the No. 40 sieve is 25 maximum, and the plasticity index cannot exceed 0. Contractor performs sieve analysis (AASHTO T27 and T11) and liquid limit (AASHTO T89 Method A & T87), and plasticity index (AASHTO T90) every 2,000 tons. These three materials are being bid as one project. Only one contract will be awarded for this work. Actual amounts to be crushed shall be determined based upon quantity and unit prices. The County has budgeted $1,100,000 for this work and reserves the right to add or delete quantity of material(s) to meet the budget. Crushed material quantity will be paid for by determining a rodded unit weight (ASTM C29) for product(s) and accompanying owner survey(s) to determine pile volume/weight. All material up to 4 feet shall be crushed. Any material over 4 feet will be considered oversize. Material and pit area may be viewed by making an appointment with the Road Department. The exact location of material to crush and stockpile locations will be designated by the Flathead County Road Department at the time of crushing. Bidders are encouraged to contact the Flathead County Road Department if there are any questions or to set up a time to view the crushing site. Bid proposals must be submitted on a form to be provided for the purpose, addressed to the Board of County Commissioners, Room 302, 800 South Main, Kalispell, MT 59901, and enclosed in an envelope marked, “Proposal for Crushing and Stockpiling Gravel.” No proposal will be considered unless accompanied by a proposal security in the amount of ten percent (10%) of the 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 production and sale of said materials. 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 a bid bond executed by a surety corporation authorized to do business in Montana. A performance bond will be required for the faithful performance of the successful contractor in the full amount of the bid. Specifications, forms of contract, proposal blanks, and full instructions are on file and may be obtained at the Commissioner’s Office, at 800 South Main, Room 302, Kalispell, MT 59901. Flathead County shall assess liquid damages of $200 per day for failure of the contractor to complete the contract in one hundred (100) days. This allows thirty (30) days for the contractor to file a public notice of moving and the State change of location notice. The work MUST be completed by May 31, 2024. Extenuating circumstances will be considered by the County Commissioners for extension of the contract without penalty. The successful bidder must contract to pay prevailing wage rates (Highway Construction Services) set by the Montana Department of Labor. The Contractor and all subcontractors will be required to have a certificate of registration from the Employment Relations Division of the Montana Department of Labor and Industry in the proper classification. The successful bidder must contract to give preference to the employment of bona fide residents of Montana in the performance of the work. A resident bidder will be allowed a preference against the bid of any nonresident bidder from any state or county that enforces a preference for resident bidders equal to the preference given in the other state or county. The successful bidder will also be required to provide proof of Workers’ Compensation insurance and/or an independent contractor certification form the State, as well as satisfy the County’s minimum insurance requirements. All sealed bids, plainly marked as such, must be in the hands of the Clerk to Flathead County Board of Commissioners, 800 South Main, Room 302, Kalispell, MT 59901, on or before 4:00 p.m. on February 5, 2024. Bids will be opened and read at 9:00 a.m. on February 6, 2024, in the Commissioner’s Chambers, 3rd floor, Old County Courthouse. The Board of County Commissioners reserves the right to reject any and all bids and to accept the bid deemed to be in the best interest of Flathead County. The award of a bid will be made solely by the issuance of a letter of award to the successful bidder by the Office of the Flathead County Board of Commissioners. Dated this 9th day of January, 2024. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Randy L. Brodehl Randy L. Brodehl, Chairman Jan. 14, 21, 2024 MNAXLP __________________________
NO. 30007 REQUEST FOR QUALIFICATIONS In accordance with 20-9-204 MCA, Smith Valley School District is soliciting Qualifications submittals from interested parties for a Design-Build contract per 18-2-501 MCA. The project will be to plan, design, and generate project costs for the repair and remodel of Building 300 pursuant to Montana Code Annotated 18-2-501. Through the RFQ process, Smith Valley SD intends to screen submittals and select a firm to develop, design, and potentially implement and transition to construction of Building 300. Qualifications submittals will be accepted until 4:00 PM on January 30, 2024 at: Smith Valley School District 2901 US Hwy 2 W Kalispell, MT 59901 The estimated project may include planning, design, cost development, construction and remodel of existing facilities. Performance and Payment bonds, minimum 50% Montana resident workforce, and compliance with Montana State Prevailing Wage Rates (Building) will be required. Interested parties shall obtain and comply with the RFQ document which describes the project, schedule, information to be submitted, and criteria that will be used for selection. The RFQ document may be obtained at the district office (address above), via email at svsclerk@smithvalleyschool.org by calling (406) 756-4535. The Owner reserves the right to reject any or all submissions and to waive any and all irregularities or informalities and the right to determine what constitutes any and all irregularities or informalities. Jan. 14, 21, 2024 MNAXLP __________________________
NO. 30016 NOTICE OF CLASS ACTION Beck, et al. v. City of Whitefish Case No. CV 22-44-M-KLD United States District Court for the District of Montana THIS IS A NOTICE OF CLASS ACTION LITIGATION THAT MAY AFFECT YOUR RIGHTS IF YOU BORE THE COST OF WATER AND/OR WASTEWATER IMPACT FEES PAID TO THE CITY OF WHITEFISH TO DEVELOP PROPERTY YOU OWNED UNDER ITS EFFECTIVE RATES FROM JANUARY 1, 2019, TO DECEMBER 31, 2023. The United States District Court for the District of Montana in the Missoula Division (the “Court”) authorized this notice but has not yet decided on the merits of the claims made in the above-referenced litigation. • In Montana, impact fees are charges “imposed upon development by a governmental entity as part of the development approval process to fund the additional service capacity required by the development.” Montana Code Annotated Section 7-6-1601(5). • The City of Whitefish (the “City”) charges impact fees for development within Whitefish city limits, including new construction, remodels, and renovations. The City conditions its issuance of building permits on payment of these fees, if applicable. • In 2022, several persons and entities (the “Plaintiffs”) who had paid impact fees to the City to develop their properties filed this lawsuit claiming that, since 2019, the City has charged excessive water and wastewater impact fees in violation of the United States Constitution and Montana law. • On September 29, 2023, the Court entered an order allowing the lawsuit to proceed as a class action. • A class action is a case in which one or more persons sue on behalf of other people who have substantially similar claims. Those people together are a “Class” and anyone within the Class is a “Class Member.” • The Court has defined the Class in this lawsuit as: All persons or entities who bore the cost of impact fees for water and wastewater services to the City of Whitefish from January 1, 2019, to the present. • The Court has appointed the Plaintiffs’ lawyers in this lawsuit as Class counsel to represent the interests of the entire Class. • Class Action Notice letters are being sent out to potential Class Members who owned property for which water and/or wastewater impact fees were paid between January 1, 2019, to December 31, 2023, and whose last known mailing address could be obtained. If you believe you or your company is a potential class member and you did not receive a mailed or emailed notice letter, please contact the Class counsel whose information is provided at the end of this notice. OPTIONS AND LEGAL RIGHTS OF POTENTIAL CLASS MEMBERS: 1. If you so request, by completing and submitting a “CLASS OPT OUT FORM” on or before March 18, 2024, the Court will exclude you from the Class, and therefore from this litigation. 2. If you do not opt out of the Class, you will remain a potential Class Member. The final judgment, whether favorable to the Class Members or against them, will be binding on all Class Members who do not opt out of the Class by requesting exclusion. 3. As a potential Class Member, more information may be required of you to determine your eligibility to receive refunds for any impact fee amounts ultimately deemed unlawful by the Court. Please complete and submit a “CLAIM INFORMATION FORM” to receive updates on the lawsuit and ensure you can be easily contacted if more information is needed from you. 4. Any Class Member who does not opt out of the Class will be bound by any judgment rendered by the Court, whether favorable to the Class or the City. Class members may still choose to acquire their own lawyer to represent their interests in this lawsuit. ***Forms can be found and completed online at http://montanaimpactfeeclassaction.com CLASS COUNSEL CONTACT INFORMATION Email info@montanaimpactfeeclassaction.com Laird Cowley, PLLC Phone: (406) 541-7400 Mailing Address: P.O. Box 4066 Missoula, MT 59806 Attorneys: Cory Laird Lindsay Mullineaux Riley Wavra Kovacich Snipes Johnson, PC Phone: (406) 500-5000 Mailing Address: P.O. Box 2325 Great Falls, MT 59403 Attorneys: Mark Kovacich Caelan Brady A class action website with more information on the lawsuit and important case filings is also being maintained at http://montanaimpactfeeclassaction.com. Jan. 21, 28 and Feb. 4, 11, 18, 25 and March 3, 10, 2024 MNAXLP __________________________
NO. 30017 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. 654BZ) on January 16, 2024, to change the zoning designation in a por¬tion of the Willow Glen Zoning District from R-2 (One Family Limited Residential) to B-2 (General Business). The boundaries of the areas proposed to be amended from R-2 (One Family Limited Residential) to B-2 (General Business) are described as: A Tract of land that Encompasses all the area currently zoned R-2 that lies within Tract 1 Of Correction Certificate of Survey No. 13123, situated in the Southeast Quarter of the Southwest Quarter (SE¼SW¼) of Section 4, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows: Beginning at a 5/8 inch iron rod found at the Southwest corner of said Tract 1 of COS 13123; Thence N00-15-20W, along the west line of said Tract 1, 102.84 Feet; Thence *N65-18-2E, 109.71 feet to a point on the East line of said Tract 1; Thence S00-15-20E, 148.00 feet to the Southeast corner of said Tract 1 and a point on the South line of said Section 4; Thence S89-37-18W, along said South line of Tract 1 and Section 4, 100 feet to the point of beginning; Containing 0.29 acres, more or less. *NOTE: The north line of this metes and bounds description was approximated using published Flathead County GIS data. No other documentation was available to otherwise locate this line, but it is the intention of this description to cover all the area within Tract 1 of COS 13123 that is currently zoned R-2. The regulations defining the R-2 and B-2 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: https://flathead.mt.gov/department-directory/planning-zoning/meeting-information. The zoning amendment application and other documents related to the proposed zone change are also on file for public inspection at the Of¬fice 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 comment to the change proposed for a portion of the Willow Glen Zoning District. Within 30 days after the expiration of the comment period, the Board of County Commissioners may in its discretion pass the resolution amending the Willow Glen Zoning District. DATED this 16th day of January, 2024. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Randy L. Brodehl_ Randy L. Brodehl, Chairman Jan. 21, 28, 2024 MNAXLP __________________________
NO. 30018 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, February 6, 2024, 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 George J. Joseph, on behalf of Falcon 27, LLC for a conditional use permit for the construction of a 10-unit ‘multi-family dwelling’ on property located at 27 West Evergreen Drive, Kalispell, MT. The property is located within the Evergreen Zoning District and is zoned RA-1 (Residential Apartment). The property can legally be described as Parcel A of Certificate of Survey No. 22647 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, February 6, 2024. 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. /s/Erik Mack Erik K Mack, AICP® Planning Director Jan. 21, 2024 __________________________