Legals for January, 28 2024
NO. 29980 SECTION 00 11 13 ADVERTISEMENT FOR BIDS City of Kalispell AWWTP Kalispell, Montana Equalization Basin Expansion and Fermenter Rehabilitation Project The City of Kalispell, Montana (Owner) is requesting Bids for the construction of the following Project: Advanced Wastewater Treatment Plant (AWWTP) Equalization Basin Expansion and Fermenter Rehabilitation Project Bids for the construction of the Project will be received via QuestCDN until 2:00 PM local time on Thursday, February 8, 2024. At that time all Bids received will be publicly opened and read aloud in the City Hall First Floor Conference Room, 201 1st Avenue East, Kalispell, Montana. The Project includes construction of a new 75-foot diameter concrete structure to serve as expanded Equalization (EQ) Basin volume in the near-term and will be converted to a primary clarifier in the future; provide dual submersible pumps; associated piping, mechanical, and electrical components and rehabilitation of the concrete and coatings for the primary sludge fermenter; miscellaneous mechanical improvements. Bidding documents may be examined at the City of Kalispell Public Works Department, 201 1st Avenue East, Kalispell, Montana 59901. Plans and specifications may be examined beginning Tuesday, January 2, 2024, through QuestCDN via the City of Kalispell QuestCDN project portal. Information and Bidding Documents for the Project can be obtained through QuestCDN. The City of Kalispell portal to QuestCDN is located on the City of Kalispell website at https://kalispell.com/bids.aspx or in the City of Kalispell QuestCDN project portal. Click on the project title. A page will open which allows free viewing of the project and plan holders list. The City will be only accepting online electronic bids through QuestCDN. Electronic plan download and electronic bidding can be completed through QuestCDN for a fee of $42.00. Bidding Documents must be downloaded from the designated website. Prospective Bidders are required to register with the designated website as a Bidding Documents holder, even if Bidding Documents are obtained from a third-party plan room or source other than the designated website in either electronic or paper format. The designated website will be updated periodically with Addenda, lists of registered Bidding Documents holders, reports on the Site, and other information relevant to submitting a Bid for the Project. All official notifications, Addenda, and other Bidding Documents will be offered only through the designated website. Neither Owner nor Engineer will be responsible for Bidding Documents, including Addenda, if any, obtained from sources other than the designated website. A mandatory pre-bid conference for the Project will be held on Tuesday, January 23, 2024 at 10:30 AM at the Kalispell Advanced Wastewater Treatment Plant (AWWTP) conference room located at 2001 Airport Way, Kalispell, MT 59901. Bids will not be accepted from Bidders that do not attend the mandatory pre-bid conference. This Project is funded with State Revolving Funds (SRF) and American Rescue Plan Act (ARPA) funds. Bidder must meet all requirements of the appropriate Federal/State agencies, as indicated in the specifications. Contractor and any of the Contractor’s Subcontractors bidding or doing work on this project are required to be registered with the Montana Department of Labor and Industry (DLI) prior to time of award. The Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin. All bidders shall, as bid security, accompany the bid with: 1) lawful currency of the United States or a cashier’s check; or 2) a certified check or bank money order drawn and issued by a national bank located in Montana or by a banking corporation incorporated in Montana; or 3) a bid bond or bonds, executed by a surety corporation authorized to do business in Montana. The bid security shall be in the amount of ten percent (10%) of the amount bid. Any such bank instrument shall be payable to the City of Kalispell. If a contract is awarded, the bidder whose bond is accepted and who shall thereafter refuse to enter into and execute the proposed contract, or as stated in the covenant, shall absolutely forfeit such moneys or bank instruments to the City, and become immediately liable on said bid bond in said sum. The bid security shall be returned to the unsuccessful bidders. All bids must expressly covenant that if the bidder is awarded the contract, the bidder shall within fifteen (15) calendar days of the acceptance of said bid by the City Council, enter into a contract and give good and sufficient bond to secure the performance of the terms and conditions of the contract. In the event the successful bidder does not enter into a formal contract within fifteen (15) calendar days or give sufficient bond to secure performance, the bidder shall pay unto the City the difference between the amount of the bid of said bidder and the amount for which the City legally contracts with another party to perform said work if the latter amount is more than the former. Award of the project will be contingent upon funding and award concurrence from City Council. Bids may only be withdrawn as provided in Section 15.03 of the Instructions to Bidders after the scheduled time for the public opening of bids. Except as provided in the aforementioned Section 15.03, no bid shall be withdrawn after the opening of bids without the consent of the City Council for a period of sixty (60) days after the scheduled time of receiving the bids. The City will accept the lowest responsible bid, but the 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. The successful bidder will be required to abide by Federal and State laws, particularly Section 18-2-401 et seq., M.C.A. (Montana Prevailing Wage Rates). City of Kalispell By /s/ Aimee Brunckhorst City Clerk & Communications Manager Dec, 31, 2023 and Jan. 14, 28, 2024 MNAXLP __________________________
NO. 29999 SECTION 00100 INVITATION TO BID FOR SEPTIC TANK PUMPING SERVICE (2-Year Contract) NOTICE IS HEREBY GIVEN that sealed bids for Septic Tank Pumping Service will be received by the Flathead County Water District No. 1 - Evergreen at 130 Nicholson Drive, Kalispell, Montana until 3:00 PM local time on February 1, 2024, and then publicly opened and read aloud. At that time the Bids received will be publicly opened and read. SCOPE OF WORK. The Project includes, without limitation, furnishing all necessary labor, materials, equipment and other incidental and appurtenant Work necessary to satisfactorily complete the Project, as more specifically described as follows: 1. Pumping and disposal of district-wide septic tanks • FY 2024 Minimum of 300 tanks at 1000 gallons (on or before July 1 of the 2024) • FY 2025 Minimum of 250 tanks at 1000 gallons, 15 tanks at 2000 gallons and 25 tanks at 3000 gallons (on or before July 1 of the 2025) 2. Completion of Condition and Safety Inspections at each tank pumped • Condition of tank • Condition of lid • If requires any maintenance • Monthly progress reports on status of completed septic’s pumped. This Work will be performed in strict conformance with the Contract Documents, permits from regulatory agencies with jurisdiction, and applicable regulations. The quantity of Work to be performed and services to be furnished are approximations only, being given as a basis for the comparison of Bids. Actual quantities of Work to be performed may vary at the discretion of the District Field Operations Manager. OBTAINING BID DOCUMENTS. Bid documents can be electronically downloaded (at no cost) in pdf format at the District’s website: www.evergreenwaterdistrict.com. Bidders must submit their bid on the Bid Form provided by the District with the required attachments and bidder’s certifications. No other forms, proposals, or offers will be accepted. PRE-BID MEETING. There will not be a Pre-Bid Conference for this project. MDEQ LICESNING AND PERMITTING COMPLIANCE REQUIREMENTS. Septic Tank Pumpers must be registered and licensed with the Montana Department of Environmental Quality (MDEQ). In addition, septic tank pumpers must utilize a MDEQ permitted disposal site. Documentation of the pumpers MDEQ pumping license and MDEQ written approval of the disposal site must be provided with the Bid to be considered responsive. Additional documentation of disposal site permits may be requested by the District to ensure that disposal site is properly licensed and permitted by MDEQ. Information on the MDQ Septic Tank Pumper Program can be found at the following link https://deq.mt.gov/twr/Programs/solidwaste. BONDS. Each bid or proposal must be accompanied by a Certified Check, Cashier’s Check, or Bid Bond payable to Flathead County Water District No. 1 - Evergreen, in an amount not less than ten percent (10%) of the total amount of the bid. The Successful Bidder will not be required to provide performance or payment bonds for this work but will be required to maintain insurance meeting the District’s minimum requirements. The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid that is in the best interest of the Owner. Flathead County Water District No. 1 - Evergreen is an Equal Opportunity Employer. Jan. 10, 28, 2024 MNAXLP __________________________
NO. 30006 CITY OF WHITEFISH, MONTANA REQUEST FOR PROPOSALS AMBULANCE AND FIRE RESCUE BILLING RATE STUDY The City of Whitefish, Montana, is seeking proposals from experienced, qualified firms to conduct a comprehensive study of our Ambulance and Fire Rescue billing rates. The billing rate study will include a thorough analysis of the market research, cost-of-service, and revenue optimization along with actionable recommendations and implementation strategies. Closing Date and Address: Interested parties shall submit three (3) hard copies of the proposal and one (1) digital copy to Fire Chief Cole Hadley, City of Whitefish, 418 E. 2nd Street, Whitefish, Montana 59937 no later than 4:00 PM local time on the 12th day of February 2024. Proposals shall be delivered in a sealed envelope marked “Ambulance and Fire Rescue Billing Rate Study.” Faxed proposals will not be considered. For additional information or to receive the entire Request for Proposals document, please contact Fire Chief Cole Hadley at (406) 863-2491 or chadley@cityofwhitefish.org. Jan. 14, 28, 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. 30027 CITY OF WHITEFISH, MONTANA INVITATION TO BID ON RETROFIT / REFURBISHMENT OF EXISTING FIRE / RESCUE BOAT Notice is hereby given that the City of Whitefish Fire Department in Flathead County, Montana, will receive bids for the refurbishment or retrofit of a 2003 Landing Craft fire / rescue boat. The full bid specifications are listed online at cityofwhitefish.org. Interested parties shall submit one (1) hard copy of the bid and one (1) digital copy to Fire Chief Cole Hadley, Whitefish Fire Department, 275 Flathead Ave, Whitefish, Montana 59937 no later than 4:00 PM local time on the 7th day of February 2024. Bids will be opened immediately thereafter. Proposals shall be delivered in a sealed envelope marked “Fire / Rescue Boat Bid.” Faxed submissions will not be considered. Please contact Whitefish Fire Department Chief Cole J. Hadley at chadley@cityofwhitefish.org or (406) 863-2491 with any questions or to receive the entire call for bid documents. Jan. 21, 28, 2024 MNAXLP __________________________
NO. 30033 Legal Notice Proposed Partial Bond Release for GCC Three Forks’ Geyser Mine, located in Judith Basin County, MT. The Department of Environmental Quality (DEQ) has received a request for bond release for GCC Three Forks’ Geyser Mine (GCC). GCC is authorized to operate a gypsum quarry under Operating Permit No. 00184. The site is located on private and State (DNRC) lands in Sections 3, 4, 9 & 10 of Township 16 North, Range 10 East, approximately 6.4 miles southeast of the town of Geyser in Judith Basin County. DEQ currently holds a reclamation bond in the amount of $594,106.00. DEQ is proposing to release $500,213.00 and retain $93,893.00. The decrease in the bond amount is due to partial completion of reclamation performed by the operator, which includes backfilling, recontouring, soil placement and seeding of the site which was conducted during the spring of 2023. DEQ will retain bond to ensure adequate revegetation, weed control, and erosion control at the site. Pursuant to Section 82-4-338(5), Montana Code Annotated (MCA), DEQ may not release or decrease a reclamation bond until the public has been provided an opportunity for a hearing and a hearing has been held if requested. Requests for a hearing or comments on the proposed bond release must be submitted to DEQ by February 27, 2024, and sent to Millie Olsen, Department of Environmental Quality, Hard Rock Mining Section, Mining Bureau, PO Box 200901, Helena, MT 59620-0901, or to DEQHardRock@mt.gov. Information about the proposed bond release or copies of the bond calculation may be obtained by contacting Millie Olsen at (406) 444-2461 or DEQHardRock@mt.gov Jan. 28, 2024 MNAXLP __________________________
NO. 30035 Legal Notice Comprehensive Five-Year Bond Review for Glacier Stone Supply, LLC (Hard Rock Mining Operating Permit No. 00190) The Department of Environmental Quality (DEQ) is conducting a comprehensive bond review for Operating Permit No. 00190 issued to Glacier Stone Supply, LLC (Glacier Stone). Glacier Stone’s facility and associated disturbances are located approximately 2 miles northwest of Marion, MT in Section 4 of Township 27N, Range 24W. DEQ has determined that the current bonding level does not represent the present costs of compliance with the Metal Mine Reclamation Act, administrative rules adopted thereunder, and the operating permit. DEQ is proposing a bond increase of $26,229 (from $108,274 to $134,503). The bond increase is largely due to changes in fuel price and equipment rates, as well as updated indirect costs like mobilization, contingency, and administration. The procedure for adjusting bonds as a result of a comprehensive bond review is set forth in Section 82-4-338(3), MCA. The company and the public will have until February 27, 2023, to comment on the proposed bond increase. DEQ will issue a final bond determination after the comment period has expired. The company, or any person with an interest that may be adversely affected by DEQ’s final bond determination, may obtain a contested case hearing before the Board of Environmental Review. A written request for a hearing must be filed with DEQ within 30 days of the issuance of the final bond determination, stating the reason for the request. Requests for copies of the bond calculation associated with the comprehensive bond review, and any related questions should be directed to Millie Olsen, Hard Rock Mining Acting Section Supervisor, Mining Bureau, Department of Environmental Quality, PO Box 200901, Helena, MT 59620-0901, by telephone at (406) 444-2461 or by e-mail at DEQHardRock@mt.gov. Jan. 28, 2024 MNAXLP __________________________
NO. 30039 NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING COMMISSION FEBRUARY 13, 2024 The regular meeting of the Kalispell City Planning Commission is scheduled for Tuesday, February 13, 2024, beginning at 6:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell. The public can participate in person in the Council Chambers or via videoconferencing. Register to join the video conference at: https://us02web.zoom.us/j/89691230913 Public Comment can also be provided via email to planning@kalispell.com The planning board will hold a public hearing and take public comments on the agenda items listed below: 1. Depot Park Building Montana Historic Preservation Grant - The City of Kalispell intends to apply for a Montana Historic Preservation Grant (MHPG) in the amount of $500,000. The purpose of the grant request is to enhance the historic landmark’s exterior. The project involves installing a new roof with historically accurate eaves, gutters, and exterior paint. The completion of these improvements will transform the landmark into a welcoming space for both the community and visitors. This initiative is poised to have a positive economic impact, attracting more people to our area and providing a boost to local businesses. A public hearing to solicit comments for the aforementioned project in accordance with the Montana Environmental Policy Act (MEPA) has been scheduled for the February 13, 2024, regularly scheduled City of Kalispell Planning Commission meeting. All interested persons will be given the opportunity to express opinions regarding the proposed project and any environmental impacts. It is expected that the proposed project is exempt under Montana ARM 8.2.304(5), as the project includes minor repairs, operations, or maintenance of existing equipment or facilities and will not have the potential for causing a significant effect on the quality of the human environment; potential public controversy over the project’ possible effect on the quality of the human environment; and potential to affect sensitive environmental or cultural resource areas or endangered or threatened species and their critical habitats. The MHPG Program is a state-funded program created in 2019 as a result of Senate Bill 338, Sections 1 through 17. The MHPG Program is designed to support public or private entities with the preservation of historic sites, historical societies, or history museums through grant funding. Written comments may be submitted to the Kalispell Planning Department at 201 1st Avenue East, Kalispell, prior to the date of the hearing, or you may call (406) 758-7940, or e-mail us at planning@kalispell.com for additional information. 2. File #KA-24-01 – A request from TTC Investments, LLC, Scoreboard Sports Bar, LLC, and Mitch Tormohlen for annexation and initial zoning of B-1 (Neighborhood Business) for property located at 520 Lenwood Lane and along the east property line of 51, 55, and 75 Woodland Park Drive. The property totals approximately 17,400 square feet. It consists of a recently abandoned alley right-of-way and a lot used as parking for the Scoreboard Bar. The property can be legally described as a tract of land in Block 3 of Phillip’s Addition to Kalispell in the southeast quarter of Section 8, Township 28 North, Range 21 West, P.M., Montana, Flathead County, more particularly described as Lot 12 of said Block 3 of Phillip’s Addition to Kalispell and that portion of the abandoned alley adjoining the West line of Lot 12 and the East line of Lots 13-16 of said Block 3 of Phillip’s Addition to Kalispell, per Road Abandonment No. 522. 3. As part of the transition of the City’s land use procedures under the new Montana Land Use Planning Act (Senate Bill 382), the City will create and adopt a Public Participation Plan that describes how community members and stakeholders will be involved in the process of adopting, amending, and updating the growth policy/land use plan as well as land use regulations. The Plan is intended to raise awareness, provide a roadmap for the public to outline a clear and accessible public process, ensure input is sought, and be considered by a broad range of participants. The Commission will hold a formal public hearing and forward a recommendation regarding the adoption of the Plan to the City Council for its consideration. Documents pertaining to the agenda items are on file for public inspection at the Kalispell Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public review during regular office hours. In addition, information on the agenda item is posted on our website at Planning Commission | Kalispell, MT (civicplus.com) under Planning Commission “upcoming agenda.” Interested persons are encouraged to present their views and concerns to the Planning Commission. Written comments may be submitted to the Kalispell Development Services Department at the above address, prior to the date of the hearing or work session, or you may call us at (406) 758-7940 or e-mail us at planning@kalispell.com for additional information. The City of Kalispell does not discriminate on the basis of disability in its programs, services, activities, and employment practices. Accessible parking is available in the city lot north of City Hall, and accessible restrooms are available. If you need auxiliary aids or services for effective communication or other reasonable accommodation to participate in the meeting or hearing, please contact the Development Services front desk at (406)758-7940 as soon as possible, preferably at least two working days before the meeting date. /s/Jarod Nygren/KR Jarod Nygren Development Services Director Jan. 28, 2024 MNAXLP __________________________
NO. 30042 NOTICE OF PUBLIC HEARING FLATHEAD COUNTY PLANNING BOARD REGULAR MEETING The Flathead County Planning Board will hold their regular meeting on Wednesday, February 14, 2024, 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. 1. A zone change request from Sands Surveying, Inc. on behalf of Dana L. Kuzma, for property within the Bigfork Zoning District. The proposal would change the zoning on a parcel located off Conifer Lane in Bigfork, MT from SAG-10 (Suburban Agricultural) to SAG-5 (Suburban Agricultural). The total acreage involved in the request is 26.656 acres that can legally be described as follows: Parcel A of Sarilda Estates in the West Half of the West Half of the Southeast Quarter of Section 17, Township 27 North, Range 19 West, P.M.M., Flathead County, Montana. This item will be reviewed by the Bigfork Land Use Advisory Committee on Thursday, January 25, 2024 @ 4:00 p.m. at Bethany Lutheran Church, 8559 Highway 35 in Bigfork. 2. A zone change request from Sands Surveying, Inc. on behalf of Jill L. Frampton Revocable Trust, for property within the Hodgson Road Zoning District. The proposal would change the zoning on a parcel located at 125 Wagon Wheel Road, Whitefish, MT from SAG-10 (Suburban Agricultural) to SAG-5 (Suburban Agricultural). The total acreage involved in the request is 15.24 acres that can legally be described as follows: A tract of land situated, lying and being in the South Half of the Northwest Quarter of Section 20, Township 30 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as Tract 3A on Certificate of Survey No. 6366 and Tract 1 on Certificate of Survey No. 9495. 3. A zone change request from Elvina Shelko on behalf of Mariya & Ivan Shelko with technical assistance from Sands Surveying, Inc., for property within the Highway 93 North Zoning District. The proposal would change the zoning on a parcel located at 58 Wintercrest Ridge near Kalispell, MT from SAG-5 (Suburban Agricultural) to R-2.5 (Rural Residential). The total acreage involved in the request is approximately 5.74 acres that can legally be described as follows: Parcel 1: Parcel A of Certificate of Survey No. 17314, a tract of land situated, lying, and being in the SE ¼ of Section 7, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. Parcel 2: A 60-foot easement as described in Easement recorded March 1, 1977 as Instrument No. 2409 and as depicted on Certificate of Survey No. 1964. A 60-foot Private Road and Utility Easement granted in Quitclaim Deed recorded May 31, 2006 as Instrument No. 2006-151-11170, and depicted on Certificate of Survey No. 12739 and Certificate of Survey No. 17314, records of Flathead County, Montana. 4. A zone change request from Breckenridge Surveying and Mapping Inc. on behalf of Ronald & Jill Catlett and Susan Nicely for properties within the Evergreen Zoning District. The proposal would change the zoning on four separate parcels located at 532, 534, 536, 538, 540, and 544 East Evergreen Drive, Kalispell, MT from R-1 (Suburban Residential) to R-4 (Two-Family Residential). The total acreage involved in the request is approximately 3.34 acres that can legally be described as Lots 4, 5, & 6 of Bernard’s Park 4-6 an Amended Subdivision Plat of a Portion of Lots 4, 5, & 6 of Block 1, BERNARD’S PARK in Gov’t Lot 3 and Lot 3, Block 1, Bernards Park in Section 3, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 5. A request from Winter Sports, Inc., with technical assistance from Sands Surveying, Inc., and Carver Engineering, Inc. for preliminary plat approval of East Village Subdivision, a proposal to create eighteen (18) single-family residential lots and one (1) recreational lot on 17.279 acres. The proposed subdivision would be served by Big Mountain Water Company and Big Mountain Sewer District for water supply and sewage treatment. The property is located along Glades Drive, Whitefish, MT and can legally be described as Tract 1 of Certificate of Survey No. 22683 in Government Lots 1 & 2 in the South Half of the Northeast Quarter and the Southeast Quarter of the Northwest Quarter in Section 1, Township 31 North, Range 22 West, P.M.M., Flathead County, Montana. 6. A request from Sands Surveying, Inc., on behalf of C & J Land Development, LLC for preliminary plat approval of Bitterroot Flats East, a proposal to create four (4) single family residential lots on 37.463 acres. The proposed subdivision would be served by individual septic systems and individual wells. The property is located off Lower Lost Prairie Road, Marion, MT and can legally be described as Tract 2 of Certificate of Survey No. 22038 in the Southwest Quarter of the Northwest Quarter of Section 21, Township 27 North, Range 24 West, P.M.M., Flathead County, Montana. 7. A request from Derek & Tami Larsen for a lakeshore construction permit to install a T-dock and two (2) sets of stairs within the lakeshore protection zone (LPZ) of Lake Five. The property is located at 1547 Grizzly Spur, West Glacier, MT and can legally be described as Tract 4D in Section 10, Township 31 North, Range 19 West, P.M.M., Flathead County, Montana. 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 February 14, 2024 @ 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 Erik K. Mack,AICP Planning Director Jan. 28, 2024 MNAXLP __________________________
NO. 30044 INVITATION TO BID The City of Kalispell, Montana will receive sealed bids for M-4500 Concrete with a ¾” maximum aggregate from local batch plants delivered to various sites within the City of Kalispell. The purchase includes furnishing all materials, equipment, and labor and tools to provide and deliver M-4500 Concrete to different project sites. The City completes in house concrete repairs and new concrete installations each year of curbs, sidewalks, and gutters. City equipment and labor forces are used to complete these maintenance projects and tasks. All vendors interested in the scope of work are required to submit written unit prices for M-4500 Concrete with maximum aggregate size of ¾” meeting the requirements of MPWSS section 03310 based on quantity delivered. All costs of materials, mixing, delivering, and dispensing product. Please provide hours and dates of operation for concrete delivery. The City will select a vendor based upon all factors stated in the offer. The City reserves the right to reject any and all responses, to waive minor irregularities or technicalities, and to re-advertise for all or any part of this solicitation as deemed in its best interest. All written bids must be received prior to 2:45 PM Wednesday, February 21, 2024. Written quotes should be delivered to City of Kalispell Public Works, Attn. Gene Corne, City Road and Fleet Superintendent. Physical Address: City Hall, 201 First Avenue East, Kalispell, MT 59901; Mailing Address: City Hall, PO Box 1997, Kalispell, MT 59903. Direct questions to Gene Corne, Kalispell Public Works at 406-758-7723. Jan. 28 and Feb. 11, 2024 MNAXLP __________________________
NO. 30045 INVITATION TO BID The City of Kalispell, Montana will receive sealed bids for ¾” Minus Crush Gravel, and 3/8” Seal Coat Aggregate from Kalispell area gravel pits. The purchase includes furnishing all materials, equipment, and labor and tools to provide loaded aggregate materials meeting the City of Kalispell specifications. Each year the City of Kalispell completes utility and roadway maintenance projects requiring ¾” crush gravel for bedding, backfill and roadway base. The City uses 3/8” Seal Coat Aggregate in its winter roadway sanding operations. City equipment and labor forces are used to complete these maintenance projects and tasks. All vendors interested in the scope of work are required to submit written unit prices for ¾” minus crush gravel meeting the requirements of MPWSS section 02235, 3/8” Seal Coat Aggregate meeting the requirements of MPWSS Section 02504, hours and dates of operation, and location of available aggregate source. City costs for travel time and fuel will be considered in the evaluation of the bids received. The City will select a vendor based upon all factors stated in the offer. The City reserves the right to reject any and all responses, to waive minor irregularities or technicalities, and to re-advertise for all or any part of this solicitation as deemed in its best interest. All written bids must be received prior to 2:40 PM Wednesday, February 21, 2024. Written quotes should be delivered to City of Kalispell Public Works, Attn. Gene Corne, City Road and Fleet Superintendent. Physical Address: City Hall, 201 First Avenue East, Kalispell, MT 59901; Mailing Address: City Hall, PO Box 1997, Kalispell, MT 59903. Direct questions to Gene Corne at 406-758-7723. Authorized by order of the City Council of the City of Kalispell, Montana, in a regular meeting held on August 21, 2023. Jan. 28 and Feb. 11, 2024 MNAXLP __________________________
NO. 30046 INVITATION TO BID The City of Kalispell, Montana will receive sealed bids for the 2024 Asphalt Material project. The project primarily consists of furnishing materials, labor, and equipment required to supply the City of Kalispell with plant mix asphalt materials for scheduled street maintenance and improvement projects. Projects range from small utility patches, requiring less than two tons of asphalt hot mix, to mill and overlay projects requiring several hundred tons. Bid also includes item for disposal of asphalt. City costs for travel time and fuel will be considered in the evaluation of the bids received. Plans and specifications may be examined beginning Monday, January 29, 2024, through QuestCDN. More information on bid requirements and the portal to QuestCDN is located on the City of Kalispell website at https://kalispell.com/bids.aspx. A Pre-Bid Meeting will not be held. Bids will be received by QuestCDN until Wednesday, February 21, 2024 at 2:30 PM. All bids will be publicly opened and read aloud in the City Hall First Floor Conference Room, 201 First Avenue East, Kalispell, Montana 59901. Jan. 28 and Feb. 11, 2024 MNAXLP __________________________
NO. 30047 INVITATION TO BID The City of Kalispell, Montana will receive sealed bids for the 2024 Milling and Paving Project. The project includes furnishing materials, labor, and equipment required to mill city streets, taper mill city streets, reconstruct city streets, or mill and overlay city streets. Projects are located throughout the incorporated limits of the City of Kalispell and work is completed on an as needed basis with the issuance of work orders. The Contractor will begin work within 20 days of issuance of a work order and will invoice the City for completed work. Once work begins on any individual work order, work shall continue on-site until the work is complete, unless otherwise approved. The contractor shall reach final completion of all work orders no later than October 31, 2024. Plans and specifications may also be examined beginning Monday January 29th, 2024 through QuestCDN. More information on bid requirements is located on the City of Kalispell website at https://kalispell.com/bids.aspx. A Pre-Bid Meeting will be held in the City Hall First Floor Conference Room, 201 First Avenue East, Kalispell, Montana 59901 at 2:30 PM on Wednesday February 14th, 2024. Interested Bidders are encouraged to attend the Pre-Bid Meeting. Bids will be received by QuestCDN until 2:35 PM on February 21st, 2024. Jan. 28 and Feb. 11, 2024 MNAXLP __________________________
NO. 30048 INVITATION TO BID The City of Kalispell, Montana will receive sealed bids for Materials Testing 2024. The project primarily consists of furnishing labor, time, equipment and travel necessary to test for Asphalt Density, Asphalt Cores, Crushed Base Compaction, Soil Compaction, and Concrete Strength and Structure. The Asphalt Density and Base Density testing will be performed on overlay, reconstruction, and new construction projects completed by City Personnel. The concrete testing will be for valley gutters, sidewalks, foundations, and new curb installations. The testing service will be performed between the months of March and December 2024. Written bids must be received by 2:50 PM Wednesday, February 21, 2024. Further instructions for bid requirements can be found at https://www.kalispell.com/bids.aspx. Jan. 28 and Feb. 11, 2024 MNAXLP __________________________
NO. 30049 BUDGET AMENDMENT PROCLAMATION MARION SCHOOL DISTRICT FLATHEAD COUNTY At a regular meeting of the board of trustees of School District No. 54 , Flathead County, Montana, held January 8. 2024, at 6:00 p.m. at the Marion School Library, the following resolution was introduced: WHEREAS, the trustees of School District No. 54, Flathead County, Montana, have made a determination that as a result of significant enrollment increase the district’s budget for the general fund does not provide sufficient financing to properly maintain and support the district for the entire current school fiscal year; and WHEREAS, the trustees have determined that an amendment to the elementary fund budget in the amount of $24,492.00 is necessary under the provision of Section 20-9-161 subsection (1) MCA; for the purpose of significant enrollment increase and WHEREAS, the anticipated source of financing the budget amendment expenditures shall be the general fund. THEREFORE BE IT RESOLVED that the Board of Trustees of School District No.54 , Flathead County, Montana, proclaims a need for an amendment to the elementary fund budget for fiscal year in the amount of $24,492.00 under Section 20-9-161 subsection (1), MCA, for the purpose identified above, and; BE IT FURTHER RESOLVED that the Board of Trustees of School District No.54 , Flathead County, Montana, will meet at 6:00 p.m. at Marion School on February 12, 2024 for the purpose of considering and adopting the budget amendment. Lily M Brower Print Chairperson’s Name /s/Lily M. Brower Signature of Chairperson 1-8-2024 Date Shannon Kvaalen Print District Clerk’s Name /s/Shannon Kvaalen Signature of District Clerk 1-8-2024 Date Jan. 28, 2024 MNAXLP __________________________
NO. 30051 AUDIT PUBLICATION STATEMENT The fiscal year 2022 audit of the City of Columbia Falls has been conducted by Doyle & Associates, P.C. Certified Public Accountants. The audit covered the year ended June 30, 2022. Montana Code Annotated (MCA) Section 2-7-521 requires the publication of the following summary of Significant Audit Findings. This is only a summary and is not intended to be used as an audit report. SUMMARY OF SIGNIFICANT FINDINGS The audit report for the City of Columbia Falls, Flathead County, Montana, for the year ended June 30, 2022 contained the following independent auditor’s reports: 1. The independent auditor’s report on the City’s basic financial statements was unmodified. 2. The independent auditor’s report on the City’s internal control over financial reporting and on compliance and other matters reported no findings. PUBLIC INSPECTION OF AUDIT REPORT The audit report is on file in its entirety and open to public inspection at the City’s business office located at 130 6th Street West, Room A, Columbia Falls, MT 59912. The City’s management will send a copy of the audit report to any interested person upon request. Jan. 28, 2024 MNAXLP __________________________
NO. 30052 DAVID F. STUFFT Attorney at Law P.O. Box 2957 Kalispell, MT 59901 Phone: (406) 471-4819 david@stufftlaw.com Attorney for Robert L. Parker Jr. Personal Representative of the Estate MONTANA ELEVENTH JUDICIAL DISTRICT COURT FLATHEAD COUNTY IN THE MATTER OF THE ESTATE OF CONNIE MARIE PARKER, DECEASED. Cause No. DP-2024-016 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned. Robert L. Parker, Jr., 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 Robert L. Parker, Jr., the Personal Representative, return receipt requested c/o David F. Stufft, Attorney at Law, P.O. Box 2957, Kalispell, Montana 59901, or filed with the Clerk of the above Court. DATED this 24th day of January 2024. /s/Robert L. Parker, Jr. Robert L. Parker, Jr. Jan. 28 and Feb. 4, 11, 2024 MNAXLP __________________________
NO. 30053 NOTICE OF HEARING ON PROPOSED FY24 BUDGET AMENDMENT NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Flathead County, Montana intends to amend the budget for the 2023-2024 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 13th day of February, 2024 at 9:45 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 25th day of January, 2024. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Randy L. Brodehl Randy L. Brodehl, Chairman Jan. 28 and Feb. 4, 2024 MNAXLP __________________________