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Legals for July, 19 2020

| July 19, 2020 12:00 AM

No. 27138 REQUEST FOR STATEMENT OF QUALIFICATIONS TO PROVIDE ARCHITECTURAL DESIGN STANDARDS FOR THE HISTORIC DOWNTOWN KALISPELL The City of Kalispell is seeking Statements of Qualifications from interested consultants to produce architectural design standards for the historic downtown Kalispell. A portion of downtown Kalispell is the only area within the Flathead Valley community with a significant stock of historic commercial structures and is classified as a historic district. Numerous buildings within the district have historical significance and are on the National Register of Historic Places. Any redevelopment of buildings in downtown Kalispell should reflect the style and theme within the area. The chosen consultant will be expected to provide a set of architectural design standards and applicable illustrations that will be used to guide redevelopment and restoration of downtown commercial structures. The intent of the standards is to define the character of downtown Kalispell and the atmosphere of the original downtown district aiding in the understanding of the resources role in the history and development of the City of Kalispell, thereby encouraging continuity. The consultant is also expected to attend a series of meetings with the Business Improvement District, Architectural Review Committee and Kalispell Planning Department during the formation of the standards and at least two public engagement events. Information and instructions to submitters, the anticipated scope of work, proposal selection criteria, requirements, and timetable can be found on the city website at: https://www.kalispell.com/bids.aspx. Four copies of the Statement of Qualifications must be received by the City Clerk at 201 First Avenue East, Kalispell, Montana, by 5:00 pm local time on Thursday, July 30, 2020. Aimee Brunckhorst City Clerk & Communications Manager City of Kalispell July 12, 19, 2020 MNAXLP __________________________

No. 27157 CITY OF WHITEFISH, MONTANA REQUEST FOR PROPOSALS Proposals due: Friday August 7, 2020 4:00 P.M. Contact: Karin Hilding, Senior Project Engineer Phone Number: (406) 863-2450 Email Address: khilding@cityofwhitefish.org ANNOUNCEMENT In accordance with Title 18, Chapter 8 (MCA) and adopted City policy for consultant selection, The City of Whitefish, Montana (City) is seeking proposals from qualified consulting engineering firms to provide engineering services for the Edgewood Place/Texas Ave Reconstruction Project. PROJECT OVERVIEW The Edgewood Place/Texas Ave Reconstruction Project will involve design and construction of approximately 2,530 ft of Edgewood Place, from Wisconsin Ave to the County line. It will also include approximately 3,500 ft of Texas Ave, from Edgewood to the north end of Texas Ave. The scope of work will include surveying, engineering design, public relations and construction management services; water distribution, wastewater collection and storm water collection system improvements; coordination with and possible relocation of private utilities; a new bicycle/pedestrian trail along Texas Ave; and new street lights. The project may also include Right-of-Way acquisitions. The funding will be provided by local Resort Tax funds. The City's goal is to award a consultant contract in August 2020 in order to complete survey work before the end of 2020. Project design and construction will proceed based on the availability of Resort Tax funds and may require phasing over several construction seasons. REQUIRED SERVICES The work to be performed by consultant shall include, but not be limited to, the following services: Work closely with city staff as requested to confirm criteria for the project. Discussion and presentation of the project to the City Council may be required. Produce a detailed topographical survey for the project depicting important features, lot corners, utilities, etc. Conduct (or subcontract) soil investigations as necessary to determine soil type, condition and suitability. Prepare preliminary design drawings for discussion including a site plan and cross sections sufficient to depict the project. Prepare preliminary estimates of construction costs for the project. Upon approval of the final design, the selected form shall produce a complete set of construction documents including, but not necessarily limited to, construction grade drawings, written specifications, and final cost estimates. Administration of the public bidding process. Provide construction administration services necessary to confirm that the project complies with the plans and specification of the bid. Provide the City with electronic copies of documents generated during the design and construction of the project along with an as built survey of the completed project. FORMAT AND CONTENT OF SUBMITTAL Five (5) copies of the firm's proposal shall be submitted to the Whitefish Public Works Department, 418 E 2nd Street, PO Box 158, Whitefish, MT 59937, no later than 4:00 P.M. Friday August 7, 2020. Faxed or emailed proposals will not be considered. In order to be responsive, all proposals must follow the format and contain information listed in this section. Unnecessarily elaborate brochures and other presentations beyond those sufficient to present a complete and effective response to the solution are not desired. Cover Letter - Provide a letter of transmittal introducing your firm. Overview - Provide an abstract of your firm's submittal summarizing the nature of the proposal and demonstrating your understanding of the project. Key Personnel - Include brief resumes of the staff who will be assigned to the project. Discuss experience and how experience will be applied to this project. Experience - Provide details of up to three (3) prior projects your firm has completed which relate to this assignment. References - Provide names and telephone number of three (3) references who will attest to your firm's ability to undertake and complete projects similar to this on time and on budget. EVALUATION, SELECTION PROCESS AND CONTRACT NEGOTIATIONS Proposals will be ranked by a Selection Committee and the three highest ranked engineering firms will be invited to present their proposal to the committee. Contract negotiations will begin with the highest ranked firm as soon as possible following the interviews. If the City determines acceptable terms cannot be reached, the City will terminate negotiations and continue with the next highest ranked firm. The City may choose to expand an engineering contract resulting from this selection process to include similar or related work. Each proposal will be ranked according to the following criteria: 30% - Overall quality of the proposal including clarity of the submittal and responsiveness to the Request for Proposal 30% - Qualification of the personnel who would be assigned to the project and the project team's experience, as a group, with design and construction oversight of municipal Public Works Projects. 20% - Prior experience with similar projects 10% - The firm's past work for the City of Whitefish 10% - Office location for personnel who would be assigned to the project Questions may be referred to Karin Hilding - Senior Project Manager, by telephone at (406) 863-2450, or by email at khilding@cityofwhitefish.org. ADDITIONAL CONSIDERATIONS The City reserves the right to reject any or all proposals. City reserves the right to request for clarification of information submitted and to request additional information from the firm(s). If a contract and fee cannot be successfully negotiated with the selected firm, the City may choose to enter into negotiations with another prospective firm, or it may re-advertise for new proposals. The successful consultant shall provide and maintain professional liability, workers compensations, property damage, error and omissions, and any additional lines of coverage required by the City. July 19, 26, 2020 MNAXLP __________________________

No. 27091 NOTICE OF PUBLIC HEARING TEXT AMENDMENT: CANYON AREA LAND USE REGULATORY SYSTEM The Board of Commissioners of Flathead County, Montana, hereby gives notice, pursuant to Section 76-2-205(1), M.C.A., that it will hold a public hearing to consider a request from the Flathead County Planning Board to amend the text of the Canyon Area Land Use Regulatory System (CALURS). The requested amendment proposes to add an additional area entitled Summit Mountain Area to Section 4.1(F)(2) and to modify the definition of "Bear Creek Area" and to add a definition of "Summit Mountain Area". The Canyon Area Land Use Regulatory System applies to the Upper Canyon area as defined in CALURS. Those standards are on file for public inspection at the Office of the Board of Commissioners, 800 South Main, Room 302, Kalispell, Montana, 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: http://flathead.mt.gov/planning_zoning/downloads.php. Documents related to the proposed amendments to the regulations are on file for public inspection at the Office of the Board of Commissioners and at the Flathead County Planning and Zoning Office. The public hearing will be held on the 30th day of July, 2020 at 9:00 o'clock a.m. in the Commissioners' Chambers, Third Floor, Old Courthouse, Kalispell, Montana. At the public hearing, the Board of Commissioners will give the pubic an opportunity to be heard regarding the proposed change to the text of the Flathead County Zoning Regulations. Written comments are encouraged and will be reviewed by the Commissioners prior to the hearing if received by the Office of the Board of Commissioners at least three business days prior to the hearing. DATED the 9th day of June, 2020. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist Pamela J. Holmquist, Chairman July 19, 26, 2020 MNAXLP __________________________

No. 27147 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION RURAL WHITEFISH 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. 2417P) on July 9, 2020 to change the zoning designation in a portion of the Rural Whitefish Zoning District from SAG-10 (Suburban Agricultural) to R-2.5 (Rural Residential). The boundaries of the area proposed to be amended from SAG-10 to R-2.5 are described as: Parcel A of Certificate of Survey No. 20612, located in US Government Lot 4 in Section 30, Township 31 North, Range 21 West, Flathead County, Montana. The regulations defining the SAG-10 and R-2.5 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 online at: http://flathead.mt.gov/planning_zoning/downloads.php. Documents related to the proposed zone change are also on file for public inspection at the Office 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 protests to the change proposed for a portion of the Rural Whitefish Zoning District from persons owning real property within Flathead County whose names appear on the last completed assessment roll of Flathead County and who either are registered voters in Flathead County or execute and acknowledge their protests before a notary public. DATED this 9th day of July, 2020. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist Pamela J. Holmquist, Chair July 12, 19, 2020 MNAXLP __________________________

No. 27155 REQUEST FOR QUALIFICATIONS (RFQ) FOR ARCHITECTURAL SERVICES The Flathead County Board of Commissioners is requesting Statement of Qualifications from firms interested in providing architectural services to Flathead County pursuant to the requirements of Section 18-8-201 et seq., M.C.A. Services needed include renovation design, construction plans, bid specifications and construction management for the Flathead County Facilities Renovation and Expansion Project. The selected firm will work in partnership with a General Contractor Construction Manager (GCCM). The Flathead County Facilities Renovation and Expansion project includes renovations to four County buildings, including: Courthouse North (former Century Link building) located at 290 North Main Street, Kalispell, MT; Courthouse West located at 935 1st Ave. West, Kalispell, MT; the Justice Center located at 920 South Main Street, Kalispell, MT; and the South Campus building located at 40 11th Street West, Kalispell, MT. Renovations will be comprised of full interior remodels for Courthouse North and Courthouse West, partial interior remodels for the Justice Center and South Campus, and exterior upgrades to Courthouse North. Copies of the detailed RFQ, including a description of services to be provided by respondents, the minimum content of responses, and the factors used to evaluate the responses, can be found on the Flathead County webpage at: https://flathead.mt.gov/commissioner/ or by contacting Whitney Aschenwald, Flathead County Commissioners Office, 800 S. Main Street, Rm. 302, Kalispell, MT 59901 - (406) 758-2467 / waschenwald@flathead.mt.gov. All statements must be submitted to the Flathead County Commissioners Office by 8:30 am local time on August 11, 2020. Flathead County is an Equal Opportunity Employer. Dated July 14, 2020 BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ PamelaJ.Holmquist Pamela J. Holmquist, Chairman July 19, 26, 2020 MNAXLP _________________________

No. 27159 Scott Hamilton, Esq. Suite 105 157 North Meridian Kalispell, MT 59901 Attorney for Plaintiff (406)257-3036 MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY Deborah L. Weston, and Michael J. Weston, Plaintiffs, vs. Aegis Wholesale Corporation or its assigns, and all other persons, unknown, claiming or who might claim any right, title, estate or interest in, or lien or encumbrance upon, the real property described in the Complaint, or any thereof, adverse to Plaintiffs' ownership, or any cloud upon Plaintiffs' title thereto, whether such claim or possible claim be present or contingent, Defendants. Cause No. DV-15-2020-397 AMENDED PUBLICATION OF SUMMONS THE STATE OF MONTANA TO THE ABOVE-NAMED DEFENDANTS, AND TO ALL OTHER PERSONS UNKNOWN, GREETINGS: YOU ARE HEREBY SUM MONED to answer the Complaint in this action which is filed in the Office of the Clerk of this Court, a copy of which is herewith served upon you, and to file your Answer and serve a copy thereof upon Plaintiffs' attorney within twenty (20) days after the service of this Summons, exclusive of the day of service; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. This action is brought for the purpose of quieting title to lane situated in Flathead County, Montana, more particularly described as follows: LOT 5 IN BLOCK 1 OF L AND M SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. WITNESS my hand and the seal of said Court this 9th day of July, 2020 Peg Allison Clerk of Court By: /s/ Trudy J Blaylock Deputy Clerk /s/ Scott Hamilton Scott Hamilton, Esq. Attorney for Plaintiffs' July 19, 26, August 2, 2020 MNAXLP __________________________

No. 27160 NOTICE OF PUBLIC HEARING FLATHEAD COUNTY BOARD OF ADJUSTMENT The Flathead County Board of Adjustment will hold a public hearing on the items listed below on Tuesday, August 4, 2020 beginning at 6:00 PM in the Expo Building at the Flathead County Fairgrounds, 265 N Meridian Road, Kalispell, MT. Due to the Governor's Directive dated July 15, 2020, "a mask or face covering is required for ages five and older." 1. A request by Rob Koelzer, Schellinger Construction Company, for Section 16 Family Limited Partnership to modify a condition of approval of FCU-05-07. The condition requested to be modified is to allow the operation of a concrete and/or asphalt batch plant on an existing gravel extraction operation located at 3427 Farm to Market Road. The property contains approximately 160 acres and can be described as the northwest quarter of Section 16, Township 29 North, Range 22 West, P.M.M. Flathead County, Montana. This agenda item was reviewed by the West Valley Land Use Advisory Committee on Thursday, May 21, 2020 @ 5:30 pm in the Expo Center at the Flathead County Fairgrounds, 265 North Meridian Road in Kalispell. 2. An appeal by Brian M. Joos. Esq. on behalf of Montana Personal Warehouse I, LLC, regarding a decision made by the Zoning Administrator to refuse to process an application for a conditional use permit for a 'mini-storage' facility to be located at 5850 Highway 93 South near Whitefish, MT within the Blanchard Lake Zoning District. The appellant argues that the Zoning Administrator erred in boxing the proposed project exclusively into 'mini-storage' when they feel it is not true mini storage, but rather personal warehouse space in which a variety of permitted and conditional uses could take place on the parcel. 3. A request by Starline Flights, LLC for a conditional use permit for a mini-storage facility on property located at 5850 Highway 93 South near Whitefish, MT within the Blanchard Lake Zoning District. The property is zoned BS/HO (Business Service District/Highway Overlay) and contains 9.1 acres that can legally be described as Tract 1 of Certificate of Survey 17131, located in the SE 1/4 of Section 12, Township 30 North, Range 22 West, P.M.M., Flathead County, Montana. 4. A request by North Fork Cabins, LLC, Heather Matthews, for a conditional use permit to operate a Camp and Retreat Center on property located at 8954 and 8958 North Fork Road, Polebridge, MT within the North Fork Zoning District. The property is zoned 'North Fork' and 'Scenic Corridor' and contains approximately 15 acres that can legally be described as Tracts 4D located in the North Half of the Northwest Quarter of Section 13, Township 34 North, Range 21 West, P.M.M., Flathead County, Montana. This item was reviewed by the North Fork Land use Advisory Committee on July 9, 2020 @ 7:00 pm at Sondreson Community Hall. 5. A request by Northern Lights Land, LLC, Susan Evans, for a conditional use permit to operate a Camp and Retreat Center on property located at 8950 North Fork Road, Polebridge, MT within the North Fork Zoning District. The property is zoned 'North Fork' and 'Scenic Corridor' and contains approximately 4.9 acres that can legally be described as Tracts 4 located in the North Half of the Northwest Quarter of Section 13, Township 34 North, Range 21 West, P.M.M., Flathead County, Montana. This item was reviewed by the North Fork Land use Advisory Committee on July 9, 2020 @ 7:00 pm at Sondreson Community Hall. 6. A request by Montana Yoga Adventure, LLC, for a conditional use permit to operate a Camp and Retreat Center on property located at 1070 Numa Peak Lane, Polebridge, MT within the North Fork Zoning District. The property is zoned 'North Fork' and 'Scenic Corridor' and contains approximately 5.3 acres that can legally be described as Tracts 1AC, 1AG, 1CC, and 1CF located in the Southeast Quarter of Section 21, Township 35 North, Range 21 West, P.M.M., Flathead County, Montana. This item was reviewed by the North Fork Land use Advisory Committee on July 9, 2020 @ 7:00 pm at Sondreson Community Hall. All decisions made by the Board of Adjustment are considered final actions. Interested parties are encouraged to attend the meeting to make their views or concerns known to the Board. Written comments are strongly encouraged and should be received by the Flathead County Planning & Zoning Office, no later than 5:00 pm, August 4, 2020. 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 Elaine Nelson at the Flathead County Commissioner's Office at 758-5503 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/ Mark Mussman Mark Mussman, CFM® Planning Director July 19, 2020 MNAXLP __________________________

No. 27136 Legal Notice Notice of Application for an Amendment to an Operating Permit (pursuant to the Metal Mine Reclamation Act, Section 82-4-353 (1), Montana Code Annotated (MCA)). The Department of Environmental Quality (DEQ) received an application for an amendment held by Schellinger Construction Company, Inc., (Schellinger) for the Essex Quarry, operating permit No. 00045. The quarry is located near Essex approximately 28 miles southeast of West Glacier in Flathead County, Montana. The site is in Sections 33 and 34, Township 30 North, Range 16 West. The amendment area would cover a total of 20.6 acres, all of which would proposed to be disturbed. In total 60.5 acres would be permitted for disturbance. The life of mine would extend to 2060. Schellinger would use trucks and heavy equipment to remove the stone used for riprap and ballast. Blasting would be required about once a year. The application can be viewed by the public at the DEQ office located at 1520 E. 6th Ave., in Helena, MT by appointment only. For further information please contact: Herb Rolfes Operating Permit Section Supervisor Hard Rock Mining Bureau Department of Environmental Quality P.O. Box 200901 Helena, MT 59620-0901 (406) 444-3841 or e-mail at hrolfes@mt.gov Requests for application material can be made electronically via the following website: https://montanadeq.govqa.us/WEBAPP/_rs/(S(biglsjr54ug5tndxzucjfpf1))/supporthome.aspx General information about the application can be viewed at: http://deq.mt.gov/Mining/hardrock (the website for electronically requesting information is also linked from this page). Comments should be submitted to DEQ, Hard Rock Mining Bureau, PO Box 200901, 1520 E Sixth Ave, Helena, MT 59620-0901, or by calling Herb Rolfes at (406) 444-3841 or hrolfes@mt.gov. July 5, 12, 19, 2020 MNAXLP __________________________

No. 27164 NOTICE OF PUBLIC COMMENT PERIOD BEFORE THE MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) The Montana Department of Environmental Quality is seeking public comments for the Water Pollution Control State Revolving Fund Loan Program to consider the Proposed Project Priority List and Intended Use Plan for State Fiscal Year 2021. The Intended Use Plan identifies the intended uses of funds in the loan program and describes how the goals of the program will be satisfied. The Project Priority List identifies projects that are eligible to be funded with loan monies authorized and appropriated to the State of Montana through Federal Fiscal Year 2021. Copies of the Intended Use Plan, which contains the priority list, may be obtained from the DEQ, Water Quality Division, PO Box 200901, Helena, Montana 59620-0901, telephone (406) 444-4643, or on the Department website at: http://deq.mt.gov/Water/SurfaceWater/DesignApprovals Oral or written comments on the Priority List or Intended Use Plan may be sent to Mark Smith (marks@mt.gov). Water Pollution Control Revolving Fund Program Manager, PO Box 200901, Helena, Montana 59620-0901. These comments must be received by 5:00 p.m., Tuesday, August 18, 2020. In addition, communities wanting to add their proposed water pollution control project to the Project Priority List should contact DEQ prior to the hearing date. /s/ Kevin B Smith Kevin B. Smith, P.E., Bureau Chief Engineering Bureau Water Quality Division Department of Environmental Quality July 19, 2020 July 19, 2020 MNAXLP __________________________