Tuesday, June 25, 2024

Legals for May, 19 2024

| May 19, 2024 12:00 AM

NO. 30299 Notice of Public Hearing and Comment Period on Water Quality Standards Rulemaking Before the Montana Department of Environmental Quality On April 26, 2024, the Montana Department of Environmental Quality (department) initiated rulemaking on proposed NEW RULE I, NEW RULE II, Department Circular DEQ-15, and rule amendments and repeals. This action implements statute at 75-5-321, MCA, and Senate Bill 358 which was adopted in 2021 by the Montana Legislature. Statute at 75-5-321, MCA requires the department to adopt rules related to narrative nutrient standards and an Adaptive Management Program. Senate Bill 358 also requires that the department amend rules to delete all references to Department Circular DEQ-12A, Department Circular DEQ-12B, base numeric nutrient standards, and nutrient standards variances. NEW RULE I (Translation of Narrative Nutrient Standards) describes how narrative nutrient standards will be translated to determine if water quality standards are met in state surface waters. NEW RULE II (Implementation of the Adaptive Management Program for Narrative Nutrient Standards) describes the implementation of an Adaptive Management Program within the Montana Pollutant Discharge Elimination System (MPDES) permitting program. Department Circular DEQ-15 (March 2024 edition) provides procedures and requirements related to both new rules. This action also (a) incorporates permit fees related to the new Adaptive Management Program; (b) amends related nondegradation rules; (c) repeals the framework rule ARM 17.30.1388 which is rendered unnecessary and redundant per adoption of the new rules; (d) repeals ARM 17.30.660; and (e) improves rule clarity. On June 10, 2024, 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 rule adoption, amendment, and repeal as proposed in MAR 17-434 in the Montana Administrative Register. You may also join the hearing virtually via Zoom. The notice of public hearing on proposed adoption, amendment, and repeal, and more information, is available on the department’s website at https://deq.mt.gov/public/water-public. The department will make reasonable accommodation 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). Copies of Department Circular DEQ-15 may be obtained from the Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-0901, or on the department’s website at https://deq.mt.gov/public/water-public. You are invited to submit data, views, or arguments on the proposed action either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to the Department of Environmental Quality, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 444-4386; or e-mailed to DEQMAR17-434@mt.gov and must be received no later than 5:00 p.m. on June 10, 2024. To be guaranteed consideration, mailed comments must be postmarked on or before that date. May 5, 12, 19, 2024 MNAXLP __________________________

NO. 30318 REQUEST FOR QUALIFICATIONS CSKT Safe Streets and Roads for All- Safety Action Plan Professional Services CSKT ROADS PROGRAM The Confederated Salish and Kootenai Tribe’s Roads Program invites interested Engineering Consulting Firms to submit proposals to conduct a study that gathers and analyzes data, engages stakeholders and recommends strategies and projects to improve safety on roads within the Flathead Indian Reservation. Requests for Qualifications may be obtained from: Confederated Salish and Kootenai Tribes, Roads Program, Attn: Scott B. Johnston, P.O. Box 278, Pablo, MT 59855, Phone 406-676-2600 or by email at scott.johnston@cskt.org. Specifications and proposal requirements may also be viewed and downloaded at the following website: https://www.csktnrd.org/water-management/sod Proposals must be submitted via email to Scott B. Johnston at scott.johnston@cskt.org, no later than 2:00 PM (local time) on May 20th, 2024. May 5, 12, 19, 2024 MNAXLP __________________________

NO. 30320 Crowe Law Office Gary A. Crowe Esq. State Bar #1820 P.O Box 924 Kalispell, MT 59903 Email: elknuts@centurytel.net Attorney for Personal Representative IN THE DISTRICT COURT OF THE ELEVENTH JUDICIAL DISTRICT OF THE STATE OF MONTANA, IN AND FOR THE COUNTY OF FLATHEAD IN THE MATTER OF THE ESTATE OF Donnafred Mae Berglund, Deceased. PROBATE NO. DP-15-2024-0000092-IT Judge Amy Eddy District Court Judge NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of the above-named estate. All persons having claims against the said deceased are required to present their claims within four (4) months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be mailed to Natalie Jean Berglund, the Personal Representative, return receipt requested, c/o Crowe Law Firm, P.O. Box 924 Kalispell, MT 59903 or filed with the Clerk of the above-entitled Court. DATED this 30th day of April, 2024 /s/Natalie Jean Berglund Natalie Jean Berglund Personal Representative Submitted by: /s/Gary A. Crowe Esq. Crowe Law Office by: Gary A. Crowe Esq. Attorney for Personal Representative May 5, 12, 19, 2024 MNAXLP __________________________

NO. 30343 NOTICE OF PUBLIC HEARING Notice is hereby given that the Kalispell City Council is considering an amendment to the Kalispell Growth Policy – Plan It 2035 on approximately 110.5 acres on the north side of Tronstad Road between Highway 93 North and Whitefish Stage Road, opposite of Sirucek Lane, in Section 18, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana.    The Kalispell City Planning Commission has considered the amendment, held a public hearing on April 9, 2024, and presented Resolution KGPA-24-01 to the Kalispell City Council recommending adoption of the amendment. The Kalispell City Council, on May 6, 2024, passed a Resolution of Intention to Adopt, Revise, or Reject a Recommended Amendment to the Kalispell Growth Policy -- Plan It 2035.  On May 20, 2024, at 7:00 pm in the City Hall Council Chambers, 201 First Avenue East, Kalispell, the Kalispell City Council will hold a public hearing regarding the proposed amendment to the Kalispell Growth Policy – Plan It 2035. The proposed amendment can be viewed on the city’s website at www.kalispell.com/679/Council-Public-Hearings or in the office of the City Clerk at 201 First Avenue East, Kalispell.   Any person wishing to address the proposed amendment may appear at this hearing and make oral statements or present same in writing. Written comments may also be submitted for council consideration by delivering the same to the City Clerk at 201 First Avenue East, Kalispell, MT 59901, or by email to publiccomment@kalispell.com prior to the hearing.  For additional information please contact the City Clerk at (406) 758-7756. Judi Funk Deputy City Clerk May 12, 19, 2024 MNAXLP __________________________

NO. 30344 CITY OF KALISPELL NOTICE OF PUBLIC HEARING ON STREET MAINTENANCE ASSESSMENT INCREASE NOTICE IS HEREBY GIVEN, that on the 3rd day of June 2024, at 7:00 p.m., in the Council Chambers, City Hall, 201 1st Avenue East, Kalispell, Montana, the City Council of the City of Kalispell shall hold a Public Hearing on a proposal to increase assessments on real property within the City of Kalispell for the costs of the Street Maintenance District (Special Maintenance District No. 1). Any person wishing to address the proposed assessment rate increase may appear at this hearing and make oral statements or present the same in writing. Written comments may also be submitted for Council consideration by delivering the same to the City Clerk at 201 First Avenue East, Kalispell, MT 59901 (PO Box 1997, 59903), or by email to publiccomment@kalispell.com prior to the hearing.  Proposed street maintenance district assessments include programmed assessment increases over seven years which should maintain the level of service currently enjoyed by the users of the city’s street system through the fiscal year 2031, thereafter starting in fiscal year 2032 an increase will be applied annually to match the pervious years average construction cost index.  Tables showing the proposed assessment increase, and the average residential and commercial assessment payment amounts is available for review online at www.kalispell.com/679/Council-Public-Hearings, or in the Clerk’s Office at City Hall, 201 First Avenue East, or calling to request. If there are questions that might be answered by telephone, please call (406) 758-7720. Judi Funk, Deputy City Clerk May 12, 19, 2024 MNAXLP __________________________

NO. 30345 INVITATION TO BID Online electronic sealed Bids will be received by the City of Whitefish until 11:00 AM, local time, Thursday, May 30, 2024, for construction of the Grouse Mountain Parking Lot. All received Bids will be publicly opened and read aloud at the City of Whitefish, Council Chambers Conference Room, 418 East 2nd Street, Whitefish, Montana 59937. The proposed work involves the reconstruction of approximately 12,600 square feet of parking lot for the Grouse Mountain City Park Rest Area in Whitefish, Montana. The proposed work generally includes demolition, construction of a new parking lot, new storm drain system, grading, and other miscellaneous improvements. For this project, bids will only be received and accepted via the online electronic bid service through QuestCDN. A contractor may view the contract documents at no cost prior to becoming a Planholder. Project bid documents and addenda must be downloaded from QuestCDN, which will add your company to the Planholder List and allow access to vBid online bidding, for the submittal of your bid. Complete digital project bidding documents are available to download at www.questcdn.com, (eBidDoc #9076888) for a non-refundable charge of $22.00. Bidders will be charged an additional fee of $42.00 to submit a bid electronically. Contact QuestCDN Customer Support at 952-233-1632 or info@questcdn.com for assistance in membership registration, downloading digital project information and vBid online bid submittal. The contract documents, consisting of half size Drawings and Project Specifications, may be examined or obtained at the office of Robert Peccia and Associates, located at 102 Cooperative Way, Suite 300, Kalispell, MT 59901, (406) 752-5025 for a non-refundable fee of $100 per set. In addition, the Drawings and Project Specifications may also be examined at all plan room centers available through MontanaBid.com. A prebid conference will be held at the Whitefish City Hall Council Chambers Conference Room, 418 East 2nd Street in Whitefish, Montana, commencing at 11:00 AM, Wednesday May 22, 2024. Those interested in bidding the project are encouraged to attend this meeting. Each bidder shall submit a certified check, bid bond, cashier’s check, bank money order or bank draft payable to the City of Whitefish and drawn and issued by a national banking association located in the State of Montana or by any banking corporation incorporated under the laws of the State of Montana for an amount which shall not be less than ten percent (10%) of the bid, as a bid security. The bid security shall identify the same firm as is noted on the bid proposal forms. Within 10 calendar days after the Notice of Award, the successful Bidder will be required to furnish a Performance Bond and a Labor and Materials Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the contract. The bonds will each be equal to 100 percent of the contract amount. Completion of the work is required within 30 calendar days following commencement of work. Construction shall be substantially completed by Friday, October 25, 2024. The project includes liquidated damages that will be assessed as set forth in the Special Provisions per calendar day if the work is not complete within the allotted contract time. Each bidder will be required to be registered with the State of Montana, Department of Labor and Industry prior to bidding this project. CONTRACTORS and any of the CONTRACTOR’S subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, MT 59604-8011. Information on registration can be obtained by calling (406) 444-7734. CONTRACTORS are not required to have registered with the DLI prior to bidding on this project but must have registered prior to execution of the construction agreement. All laborers and mechanics employed by CONTRACTORS or subcontractors in performance of the construction work shall be paid wages at rates according to the current Montana Prevailing Wage Rates. The CONTRACTOR must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, or national origin. No Bid may be withdrawn within a period of 60 days after the date for opening bids. The City of Whitefish reserves the right to reject all Bids, to waive informalities, and to reject nonconforming, irregular, non-responsive or conditional Bids. THE CITY OF WHITEFISH By: /s/ Michelle Howke  Whitefish City Clerk May 12, 19, 2024 MNAXLP __________________________

NO. 30356 Sealed proposals for construction of the Bissell Septic Improvements are being made by invitation only for General Contractors and will be received by the Olney Bissell School at the Jackola Engineering and Architecture office located at 2250 Highway 93 South, Kalispell 59901 until 12:00 Noon local time on May 29th, 2024, and will be privately opened and shortly thereafter. Bids will be received for a single contract. This project consists of removal and replacement of the school’s septic system. The proposed system will be an Orenco AdvanTex treatment system with an approximate capacity of 2,000 gallons per day. The project includes but is not limited to new gravity piping, primary tankage, (2) AX100 AdvanTex filter pods, recirculation and dose tanks, pumps, controls, and associated drainfield. The Contract Documents consisting of the Drawings and Project Manual and may be examined and obtained by calling Jackola Engineering and Architecture at 406-755-3208 or viewed at www.Montanabid.com. Each general contractor bidding the project must contact Jackola to be added to the plan holders list to be notified of addendums. Additional paper copies can be acquired for $90.00 per set, none of which will be refunded. The Drawings and Project Manual may also be examined at the following locations: Jackola Engineering & Architecture 2250 Hwy. 93 South Kalispell, MT 59901 406-755-3208 There will be a pre-bid conference and tour for this project commencing at the Olney Bissell School, 5955 Farm to Market Road in Whitefish at 1 pm on Thursday, May 16th, 2024. Interested contractors are encouraged to attend. Each bid or proposal must be accompanied by a Certified Check, Cashier’s Check, or Bid Bond payable to Olney Bissell School in an amount not less than ten percent (10%) of the total amount of the bid. Successful Bidder shall furnish an approved Performance Bond and Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance meeting required limits shall be provided by the successful Bidder as evidenced by a certificate of insurance. No bid may be withdrawn after the scheduled time for the opening of bids as set forth 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 not to exceed forty-five (45) days, and to accept the lowest responsive and responsible bid which is the best interest of the Owner. May 12, 19, 26, 2024 MNAXLP __________________________

NO. 30376 NATIONAL FOREST TIMBER FOR SALE FLATHEAD NATIONAL FOREST The Farm To Mill DxP Sale is located within Portions of sections 8-16, 21-23, 26-28, 33,34, T30N, R23W; Flathead County, State of Montana, PMM. The Forest Service will receive Sealed and Oral bids at SO, Kalispell, MT before or at the time of public bid opening at 2:00 PM local time on 06/18/2024 followed by oral bidding for an estimated volume of 14131 ton of Douglas-fir and Other sawtimber, and 3556 ton of Lodgepole Pine sawtimber marked or otherwise designated for cutting. In addition, there is within the sale area an estimated volume of 7671 ton of Combined Softwood non-saw that the bidder agrees to remove at a fixed rate. Sale contains specified roads with an estimated public works construction cost of $254,500.82. Bidders qualifying as small business concerns under the Small Business Act may, when submitting a bid, elect for the Forest Service to build permanent roads. Additional information concerning this option is in the prospectus. The Forest Service reserves the right to reject any and all bids. Interested parties may obtain a prospectus from the office listed below. A prospectus, bid form, and complete information concerning the timber, the conditions of sale, and submission of bids is available to the public from the Flathead National Forest Supervisor’s Office, 650 Wolf Pack Way Kalispell, MT. USDA is an equal opportunity provider, employer, and lender. May 19, 2024 MNAXLP __________________________

NO. 30377 Montana 11th Judicial District Court Flathead County In re the Marriage of: Ashley Walters, Petitioner and Scott Walters, Respondent. Case No: DR-24-99 DANNI COFFMAN Summons for Publication NOTICE TO: Respondent Scott Walters. You are named in a petition to dissolve your marriage. Unless you respond in 21 days, the court may decide against you without you being heard and give Petitioner everything asked for in the petition. You must submit your written response within 21 calendar days. The 21 day period starts the day after the last date of publication of this notice. If the final day falls on a weekend or court holiday, you may file your response on the next business day. You must file your written response with the Clerk of District Court at: 920 South Main and serve a copy of your answer on the Petitioner. Date this 15th day of April, 2024. (Seal) PEG L. ALLISON Clerk of Court /s/Meagan Ngo Deputy Clerk May 19, 26 and June 2, 2024 MNAXLP __________________________

NO. 30378 NOTICE NOTICE IS HEREBY GIVEN that pursuant to the requirements of § 2-2-302, MCA, the Board of Trustees of Deer Park School District No. 2 intend to take action on the following matter at a Board meeting to be held on the 4th day of June 2024, at 8:15a.m. in the Deer Park School office: The possible employment of a Tana Anderson who is related to Gary Anderson by affinity (marriage) within the second degree for the position of Food Service Director/Office Aide, and;  The possible employment of a Samantha Marcus who is related to Gary Anderson by consanguinity (blood relation) within the first degree for the position of Paraeducator, and; The possible employment of a Kelly Lundie who is related to Patrick Lundie by affinity (marriage) within the second degree for the position of Volleyball Coach. If you have any questions, comments or objections prior to said Board Meeting, please direct all such inquiries to: Sheri Modderman, Superintendent Deer Park School District #2 Phone Number: 892-5388 Fax Number: 892-3504 May 19, 2024 MNAXLP __________________________

NO. 30380 Public Notice On Wednesday July 10th, 2024. Treweek Mini Storage will be having an auction at 3220 US Hwy 93 South, Kalispell, MT. Starting at 5:30 pm. In pursuant of Montana Code Annotated 70-6-411, 70-6-601, and 70-6-420. Proceeds to satisfy lien. Unit goes to the highest bidder for cash. Auction is subject to redemption by tenants on or before July 1st, 2024. Units are as follows: Donald Kaufmann-306 Michelle Rice-212 Don Leuty-278 John Nord-170 Thomas Harding-260 Donald Kaufmann-305 Tabbetha Clouse-168 Stephan Thompson-6701 Kimberly Purser-7501 Ann Mccortison-148 Joseph Mihalko-92 Garrett Myers-234 May 19 and June 30, 2024 MNAXLP __________________________

NO. 30381 Montana Department of Commerce Joint Public Hearing: Monday, June 3, 2024 The Montana Departments of Commerce and Public Health and Human Services announce the Needs and Strategies Public Hearing for the 2025-2029 Consolidated Plan for Housing and Community Development (Consolidated Plan) and Fair Housing Equity Plan (Equity Plan). The 2025-2029 Consolidated Plan and Equity Plan – which summarize the actions, activities,and resources available for the State of Montana’s Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Housing Trust Fund (HTF), and Emergency Solutions Grant (ESG) programs for each respective period – are being drafted. To inform the development of these plans, the public is encouraged to share their community and housing development needs, suggested strategies and actions for affirmatively furthering fair housing, and general comments regarding program performance and use of funds. Input for the development of the plans will be received through June 20, 2024, for the Consolidated Plan, and from now until June 25, 2024, for the associated Equity Plan. These documents, once developed, will be available for further public comment during comment periods to be announced. The 2025-2029 Consolidated Plan and Equity Plan will cover the period from April 1, 2025, to March 31, 2029. For more information and to provide oral comments, the public is invited to attend a virtual public hearing at 9:30 am MST on Monday, June 3, 2024. The public hearing will be held on Zoom, and presentation materials will be available on Commerce’s website at commerce.mt.gov/Consolidated-Plan/Updates prior to the public hearing. The State will consider any comments or views provided in writing during the specified comment periods or orally during the public hearing. To participate in the public hearing, please follow the information on Commerce’s website at commerce.mt.gov/ConsolidatedPlan/Updates. All comments pertaining to the Consolidated Plan must be submitted to the address or email below no later than 5:00 pm MST on June 20, 2024. All comments pertaining to the Equity Plan must be submitted to the address or email below no later than 5:00 pm MST on June 25, 2024. Montana Department of Commerce Community MT Division Attention: Con Plan 301 S. Park Avenue P.O. Box 200523 Helena, MT 59620-0523 DOCConPlan@mt.gov Commerce will make reasonable accommodations for persons with disabilities or persons with limited English proficiency who wish to participate in this process and need an alternative accessible format of presentation materials or translation services. If you require accommodation, please contact Commerce at DOCConPlan@mt.gov no later than 5:00 pm on May 29, 2024. El Departamento de Comercio hará adaptaciones razonables para las personas con discapacidades o personas con domino limitado del inglés que deseen participar en este proceso y necesiten un formato accessible alternativo de materiales de presentación o servicios de traducción. Si necesita una adaptación, communíques con El Departamento de Comercio en DOCConPlan@mt.gov antes de las 5:00 pm del 29 de mayo de 2024. Have questions? Email DOCConPlan@mt.gov May, 19, 2024 MNAXLP __________________________

NO. 30382 Canvas of Votes and Declaration of Results CANVASS OF VOTES CAST AT THE BIFORK SCHOOL DISTRICT NO. 38 ELECTION, FLATHEAD & LAKE COUNTIES, ON THE 7th DAY OF MAY, 2024 OFFICE NAME OF CANDIDATE NUMBER OF VOTES Bigfork High School Trustee Dan W. Elwell 239 Bigfork High School Trustee Carrie Garber 69 We hereby certify that this constitutes a full, true and complete canvass of the number of votes cast, and declaration of results of Bigfork School District, No. 38, Flathead and Lake Counties for the offices and propositions enumerated and we hereby declare elected the individuals listed receiving the highest number of votes.   Attest my hand this 15th day of May, 2024. Board of Trustees: Paul Sandry Zack Anderson Deb Johnson Ben Woods Carol Field Julie Kreiman Dan Elwell Lacey Porrovecchio, Election Administrator May 19, 2024 MNAXLP __________________________

NO. 30384 Montana 11th Judicial District Court Flathead County In the Matter of the Name Change of Alyvia Rose Bisbee: Alyvia Rose Bisbee, Petitioner Cause No.: DV-24-552 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 Alyvia Rose Bisbee to Liv Rose. The hearing will beheld at the Justice Center in Flathead County, 920 South Main, Kalispell Montana on 06/12/2024 at 8:30 a.m. Date: April 17, 2024 PEG L. ALLISON Clerk of District Court BY: /s/ Michelle Davis Deputy Clerk of Court Michelle Davis May 19, 26 and June 2, 9, 2024 MNAXLP __________________________