Legals for February, 16 2023
NOTICE OF PUBLIC HEARING ON FY22 & FY23 BUDGET AMENDMENTS The Polson City Commission will conduct a public hearing on February 22, 2023, at 7:00 pm in the City Hall Commission Chambers for the purpose of amending the FY2021-2022 and FY2022-2023 budgets pursuant to Montana law at MCA 7-6-4021. Any taxpayer or resident may appear at the meeting and be heard for or against any part of the proposed budget amendments. The City Commission will take action immediately following the public hearing to approve the resolution to amend the fiscal year 2021-2022 budget and the fiscal year 2022-2023 budget. The proposed budget amendments are on file and open to inspection in the office of the City Clerk at City Hall, 106 1st St. East, Polson, Montana. Please contact Kimberly Sassaman, Finance Officer at 883-8204 for additional information. Published on February 9th & 16th, 2023. MNAXLP __________________________
Dept. No. 2001 Probate No. DP-22-64 Cassie R. Dellwo Tiffany M. Kelley Five Valleys Law, P.L.L.C. 1410 S. Reserve Street, Suite C Missoula, Montana 59801 Phone (406) 203-1410 Fax (406) 830-3144 cassie@fivevalleyslaw.com kelley@fivevalleyslaw.com Attorneys for Ronald McClellan MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY IN RE THE ESTATE OF HELEN R. MCCLELLAN, Deceased. 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 decedent 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 Ronald D. McClellan, the Personal Representative, return receipt requested, in care of Cassie R. Dellwo, at 1410 S. Reserve St., Suite C, Missoula, Montana 59801, or filed with the Clerk of the above Court. DATED this 16th day of August, 2023. /s/ Ronald D. McClellan Personal Representative c/o Cassie R. Dellwo FIVE VALLEYS LAW, P.L.L.C. 1410 S. Reserve St., Suite C Missoula, MT 59801 Published on February 2nd, 9th & 16th, 2023. MANXLP __________________________
Probate Cause# 22-0318-P THE CONFEDERATED SALISH AND KOOTENAI TRIBAL COURT OF THE FLATHEAD RESERVATION, PABLO, MONTANA. · IN RE THE MATTER OF THE ESTATE OF: Christine Ewing NOTICE TO CREDITORS Notice is hereby given that the undersigned, Colleen Tenas, 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 Personal Representative, return receipt requested, or to the Clerk of Court of the Confederated Salish and Kootenai Tribal Court, P.O. Box 278, Pablo, Montana 59855. DATED this 25 of January, 2023 /s/ Colleen Tenas Personal Representative Colleen Tenas P.O. Box 26 Big Arm, MT 59910 Published on February 2nd, 9th & 16th, 2023. MNAXLP __________________________
Polson School District 23 Trustee 2023 Election Resolution BE IT RESOLVED: That the Board of Trustees of Polson School District 23, shall call for election of two (2) trustees from the Elementary District to serve three (3) year terms. The voting shall be by mail ballot election, with the election date of May 2, 2023. If the number of candidates filing for a position or filing a declaration of intent to be a write-in candidate under MCA 13-10-211 is equal to the number of positions to be elected, the trustees may give notice that an election will not be held. (MCA 20-3-313) Filing information is available at the District Administration Office at 111 - 4 th Ave East in Polson. Filing deadline is March 23, 2023. Published on February 9th & 16th, 2023. MNAXLP __________________________
REQUEST FOR PROPOSAL FOR COMMUNITY SECURITY SERVICES. The Salish & Kootenai Housing Authority is requesting proposals from qualified firms to provide licensed, unarmed, uniformed security services at a specified Housing Authority community in Pablo, Montana. The term of this contract will be for one year, with the option to renew for an additional year, at the sole discretion of the Housing Authority, and based on funding availability. Interested parties may submit proposals until 3:00 pm, Tuesday, February 28, 2023, at which time responses will be opened publicly and read aloud. Proposals may be hand-delivered to the Housing Authority’s office in Pablo Montana at 56243 US HWY 93 or mailed to PO Box 38, Pablo MT 59855. Proposals may also be emailed. Proposal envelopes and or email description lines must be marked with “SKHA Community Security Services”. For a complete copy of the Request for Proposal for Community Security Services with the scope of services, contents of the proposal, and evaluation criteria please go to SKHA’s website at www.skha.org/contractors/community-security-proposals/ or contact Nolan Michel at 406-675-4491, ext. 1521. Published on February 9th & 16th, 2023. MNAXLP __________________________
NOTICE OF SALE OF SURPLUS PROPERTY The Trustees of the North Lake County Public Library District hereby resolve to sell or give away excess property, namely furniture, shelving, equipment, supplies, etc. that are no longer of use to the District. A surplus sale will be held on February 24 from 2 p.m. to 6 p.m. and February 25 from 9 a.m. to 4 p.m. in the library at 21st Avenue East, Polson. A detailed list will be made available by February 22 on the library’s website and at the library. For questions contact Library Director Abbi Dooley at 406-883-8225. Published on February 9th, 16th & 23rd, 2023. MNAXLP __________________________
CAUSE No. 22-0200-CS IN THE TRIBAL COURT OF THE CONFEDERATED SALISH & KOOTENAI TRIBES OF THE FLATHEAD RESERVATION IN THE MATTER OF A.P.R.J and U.J.M.J., Minor Children, CONFEDERATED SALISH AND KOOTENAI TRIBES CHILD ENFORCEMENT PROGRAM Ex. Rel. FRANCINE JAMES, Petitioner JEREMIAH JAMES, Respondent SUMMONS BY PUBLICATION THE CONFEDERATED SALISH AND KOOTENAI TRIBES SEND GREETINGS TO THE ABOVE NAMED RESPONDENT, JEREMIAH JAMES: YOU ARE HEREBY SUMMONED to appear at the Tribal Court, at Pablo, Montana, to present evidence of the claims filed in your Answer to the Petition to Establish Child Support. If you wish to contest the Petition you must appear at the Tribal Court on: Tuesday, March 7, 2023 at 3:00 P.M. Information regarding the Court hearing can be obtained by calling the Tribal Court (406) 625-2700 ext. 1110 Petitioner, Confederated Salish and Kootenai Tribes Child Support Enforcement Program (TCSEP), P.O. Box 278, Pablo MT 59855, requested an Evidentiary Hearing in this matter.. FAILURE TO APPEAR at the hearing may result, without further notice of this proceeding or any subsequent proceeding, in a judgment by default being entered for the child support requested in the Petition. ISSUED this 24th day of January, 2023. /S/ Malia Hame Clerk of Court Published on February 9th, 16th & 23rd, 2023. MNAXLP __________________________
Notice of Special meeting The St Ignatius Rural fire District Board will hold a special meeting on Wednesday, February 22nd at 6:00 pm in the fire hall meeting room. The purpose of the meeting is to amend the Capital Improvement Budget for 2022-2023. For Further information contact chairman Tim Callahan at 406-745-4112. Published on February 9th, 16th & 23rd, 2023. MNAXLP __________________________
PUBLIC NOTICE This is to notify all interested parties that Lake County Council on Aging (LCCOA) is applying for Montana Department of Transportation’s 5311 operating grant in the amount of $78,282 for the grant period FY24 (July 1, 2023 to June 30, 2024). LCCOA is also applying for the TransADE matching fund grant in the amount of $24,286. Funding will be used for operating expenses associated with providing transportation services to the general public, elderly, and persons with disabilities within Lake County, Montana and to Kalispell and Missoula, Montana. This application is on file at 528 Main Street SW, Ronan, MT, 59864. If requested, a public hearing will be held and public notice, indicating the location, date and time of the hearing will be provided. __________________________ The Montana Department of Transportation attempts to provide accommodations for any known disability that may interfere with a person participating in any service, program or activity of the Department. Alternative accessible formats of this information will be provided upon request. For further information, call (406)444-3423 or TTY(800)335-7592 or call the Montana Relay at 711. __________________________ Published on February 16th & 23rd, 2023. MNAXLP __________________________
INVITATION FOR BIDS Bids on the following projects will be received by the Montana Department of Transportation, Construction Contracting Bureau, until 9:00 a.m. on March 9, 2023. All bids will then be reviewed for correctness and then publicly read in the Department’s assigned room. 105 SF 189 93 N RUMBLE STRIPS HSIP 5-1(83)7 SF 189 93 N Rumble Strips project located in Missoula and Lake Counties. Install new rumble strips at various locations on US 93. Install shoulder rumble strips where not currently present from RP 6.5 to RP 45.7 and the curve near RP 70. This project is located entirely within the Flathead Indian Reservation. Bid proposals, plans, cross-sections, dirt runs & erosion control plans, if available, and full instructions to bidders may be obtained from the Construction Contracting Bureau’s website: http://www.mdt.mt.gov/business/contracting under the “Bid Package” link. Additional bid letting information is also available on this website. Any contract entered into pursuant to this advertisement is subject to all appropriate state and federal civil rights laws. The prime and subcontractors are required to pay the wage rates set out in the bid proposal. MDT will not discriminate on the basis of race, color, national origin or sex in the award, performance or administration of any MDT contract or in the administration of its DBE program (49 CFR Part 26). MDT attempts to provide reasonable accommodations for any known disability that may interfere with a person participating in any service, program or activity of the department. Alternate accessible formats of this document will be provided upon request. If reasonable accommodation is needed to participate in MDT bid lettings, call the Civil Rights Bureau at 444-6331 or TTY 406-444-7696 [TTY 1-800-335-7592 (toll free)]. MONTANA DEPARTMENT OF TRANSPORTATION Loran Frazier, Chairperson Montana Transportation Commission Malcolm “Mack” Long Director of Transportation Published on February 16th & 23rd, 2023 MNAXLP __________________________
CALL FOR BIDS Lake County Commissioners are requesting sealed bids for up to: 400 tons of MC 800 cutback asphalt for the 2023 season. 1) Prices shall be on a per ton basis F.O.B. Pablo, MT and specify minimum load quantities (approx. 10,000 gallons). 2) Bid shall include an option price to add liquid anti strip agent at point of loading. 3) Truck shall have unloading pump and hoses to fill County tank. 4) Driver shall have Worker’s Compensation Insurance. 5) Driver shall have protective clothing suitable for handling hot asphalt products. Bids shall be opened on Monday March 11, 2023 at 10:00 am in the Commissioner’s Office at 106 4th Ave. East, Polson, MT 59860. All bids shall be clearly marked “Sealed Bid”. For more information contact Jay Garrick, Lake County Road Supervisor, (406) 883-7206. Gale Decker, Chairman Board of Lake County Commissioners Published on February 16th & 23rd, 2023. MNAXLP __________________________
LEGAL NOTICE On Wednesday, March 8, 2023, at 3:00 pm, the Lake County Board of Adjustment will hold a public hearing in the large conference room (Room 316) of the Lake County Courthouse. The options for attendance are through ZOOM* or in person. The hearing will include the following items: SUNSET VISTA, LLC CONDITIONAL USE REQUEST Coltor Myers, on behalf of Sunset Vista Lane LLC, represented by Moquey Marquross, Manager, is requesting a conditional use approval to allow for impervious surface area covering between 30 and 49 percent of the buildable area of the lot in the East Shore Zoning District. The conditional use request is in association with the construction of a single-family residence. The 1.05-acre property is located at 25492 Sunset Vista Lane and is legally described as Tract in Government Lot 3, H-956 less COS 2838 located in section 16 of T24N, R19W. INTERNATIONAL RV, LLC – VERTICAL BRIDGE CONDITIONAL USE AND VARIANCE REQUESTS Ben Marcus, agent, on behalf of International RV, LLC, is requesting two variance approvals to allow for a structure to be greater than 30 feet in height and for location of a community conditional use not to be within 500 feet of the centerline of MT HWY 35, as well as a conditional use approval to allow for new wireless communications facility as community commercial use within the Finley Point Zoning District, sub-unit F. The requests are associated with the construction of a wireless communications tower. The +/-22.297-acre subject property is located along MT HWY 35 within the Finley Point Zoning District and is legally described as SE4SE4 of section 21, T23N, R19W, except those lands lying within the right of way of State Highway 35, together with all utility, sewage, water, and facilities associated with the campgrounds, together with and subject to all easements, reservations, restrictions, rights of way, and covenants apparent or of record and pertaining to COS 3335. BRUCE AND JULIE DELOREY CONDITIONAL USE REQUEST Bruce and Julie Delorey are requesting conditional use approval to allow for the establishment of a home occupation that would allow cannabis grow operation within an existing building in the East Shore Zoning District. The +/-1.1-acre parcel is located at 21994 MT Hwy 35 and is legally described as lot B1 on COS 3486, section 28, T25N, R19W. ZOOK CONDITIONAL USE REQUEST Anton Reichenbach of Reichenbach Construction, on behalf of Ronald and Shirley Zook, is requesting conditional use approvals to allow for disturbance of more than 500 square feet of slopes greater than 25% within 300 feet of the high-water elevation on waterfront lots and impervious surface areas covering between 30 and 49% of the buildable area of the lot in the Swan Sites Zoning District, Sub-District B – Swan Sites No. 2. The requests are associated with the construction of an addition to the existing single-family residence and garage. The +/-1.01- acre property is located at 14252 Rainbow Drive, Bigfork, and is legally described as lot 51A of Swan Sites No. 2, located in section 14 of T26N, R19W. SCHAMERHORN & DEAN CONDITIONAL USE REQUEST Sean Schamerhorn & Amy Dean are requesting a conditional use approval to build a guest house in the Masumola Zoning District. The conditional use request is in association with the construction of a single-family residence and a guest house. The 40.128- acre parcel is located at 31771 Fox Trail, Polson and is legally described as a tract of land being the NW ¼ NW ¼ in section 20 of T23N, R20W, further shown and described as being parcel 4 on COS 5149. J&M FAMILY CONDITIONAL USE REQUEST Dan Jensen, on behalf of J & M Family, LLC, is requesting a conditional use approval to allow for the disturbance of slopes greater than 25% in the Finley Point Zoning District sub-district D Finley Point Lakeshore. The conditional use request is in association with the construction of a guest house. The 4-acre parcel is located at 31113 Finley Point Lane and is legally described as lot 8 of section 7, T23N, R19W. Information regarding the agenda items is available from the Lake County Planning Dept. Written comments received by February 27, 2023 will be included in the staff report to the board. All written and verbal comments are welcome and will be forwarded to the board for their consideration. Comments received after February 27 will be provided to the board at the meeting, which may not provide sufficient time for review of the comment. Comments may be mailed to Lake County Planning Dept., 106 4th Ave E, Polson, MT 59860 or faxed to (406) 883-7205, or e-mailed to planning@lakemt.gov. Please note: If you would like to attend the public hearing via ZOOM, please contact the Planning Department at the email above or at (406) 883-7235 prior to the meeting to receive instructions regarding how to attend the meeting virtually. Published on February 16th, 2023. MNAXLP __________________________
LEGAL NOTICE The Lake County Planning Board will hold a public meeting Wednesday, March 8, 2023, at 7:00 pm in the large conference room (Room 316) of the Lake County Courthouse. The options for attendance are through ZOOM* or in person. Agenda items include: GANNON FAMILY TRUST SUBSEQUENT MINOR SUBDIVISION OF AMENDED LOT 41 OF MELLET POINT SUBDIVISION Marc Carstens, on behalf of Gannon Family Trust, has proposed a subsequent minor subdivision to create one additional residential lot. The properties are located near Polson, on Finley Point Lane, approximately 5.4 miles from MT HWY 35. A variance to section X.DD and X.G (wetland/water ways setbacks and lot design standards) have been requested. The property is legally described as amended lot 41 of Mellett Point Subdivision located within section 6 of T23N, R19W. The Planning Board will review the proposed subdivision and make a recommendation for denial, approval, or conditional approval to the Board of County Commissioners. NORTH BIG ARM BAY SUBDIVISION COVENANT AMENDMENT REQUEST Kimberly Jones, on behalf of North Big Arm Bay Landowners Association, has proposed an amendment to the existing covenants on file with the Lake County Clerk and Recorder’s Office under document number 343397. The subject properties are located within a portion of Government Lot 1, section 19, and a portion of the SW4, section 18, T24N, R21W. The Planning Board will review the proposed covenant amendment and make a recommendation for denial, approval, or conditional approval to the Board of County Commissioners. ENGEL FAMILY TRUST MOORING BUOY PLACEMENT REQUEST Matt Engel, on behalf of Engel Family Trust, has submitted a permit application for the installation of a mooring buoy on Flathead Lake. Per section 5-3(H)(2)(a) of the Lake County Lakeshore Protection Regulations, a buoy may only be permitted after review by the Planning Board. The primary focus of the board’s review will be to determine whether the buoy will create a significant safety hazard or interfere with navigation or recreation. The subject property is located along the west shore of the lake and is legally described as tract 1 on COS 7219, located within section 21, T25N, R20W. Information regarding the agenda items is available from the Lake County Planning Dept. Written comments received by February 27, 2023, will be included in the board packets. All written and verbal comments are welcome and will be forwarded to the board for their consideration. Comments received after February 27 will be provided to the board at the meeting, which may not provide sufficient time for review of the comment. Public comments regarding water and/or sewer proposals for subdivisions are encouraged to be submitted in writing. Comments may be mailed to Lake County Planning Dept., 106 4th Ave E, Polson, MT 59860 or faxed: (406) 883-7205 or e-mailed: planning@lakemt.gov. Please note: If you would like to attend the public hearing via ZOOM, please contact the Planning Department at the email above or at (406) 883-7235 prior to the meeting to receive instructions regarding how to attend the meeting virtually. Published on February 16th, 2023. MNAXLP __________________________
Probate Cause No. 22-0268-P THE CONFEDERATED SALISH AND KOOTENAI TRIBAL COURT OF THE FLATHEAD RESERVATION, PABLO, MONTANA NOTICE TO CREDITORS IN RE THE MATTER OF THE ESTATE OF: ANTOINE INCASHOLA Notice is hereby given that the undersigned, Denise Incashola 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 the Personal Representative, return receipt requested, or to the Clerk of Court of the Confederated Salish and Kootenai Tribal Court, P.O. Box 278, Pablo, Montana 59855. DATED this 7th day of February, 2023 /s/ Denise Incashola Personal Representative Address: Denise Incashola P.O. Box 362 St. Ignatius, MT 59865 Published on February 16th, 23rd & March 2nd, 2023. MNAXLP __________________________
RESOLUTION 23-07 SETTING LOAD LIMITS ON LAKE COUNTY ROADS Whereas, it appears that damage is being caused to the county roads and that excessive weight loads and; are causing such damage; Whereas, the Board of County Commissioners of Lake County Montana sitting in regular session this 13th day of February 2023, pursuant to MCA 61 – 10 – 128, find and determine that it it is necessary for the protection and preservation of the county roads to fix and establish a weight limit for loads passing over said County roads; NOW, THEREFORE, BE IT RESOLVED that the maximum weight limit of 350 pounds per inch of tire width shall be the maximum allowed for the following roads and any and all chip sealed roads within Lake County: DISTRICT 1 Addy Lane, Salmon Prairie Road, Swan Dive Road, Crane Mountain Road, South Ferndale Dr. Bug Creet Road, Rainbow Drive, Rippling WatersDrive. Sunburst, Drive, Wapiti Lane, Trinkus Lane, Kelly Dr. Halverson Rd, Woods Bay Homesites, Red Gaete Road, Sylvan Drive, Orchard Lane (Woods Bay) Finley Point Road, Fulkerson Lane, Turtle Lake Road Haack Road, Orchard Lane (Polson), Dubay Road, Ridge Road, South Hills Drive, Schafer Road, Skyline Drive, North Reservoir Road, Minesinger Trail, Mountain View Road, BissonLane, Mary B Lane, Zelezny Road, Rimrock Road, Silver Salmon Shores, Rollins Lakeshore Drive, Cedar Hills Lane, Dayton Townsites, Black Lake Road, Lake Mary Ronan Road Big Meadows Road, Big Lodge Road, Alexander Lane, Liddell Drive, Meadowlark Lane, Walking Horse Lane, Skipping Rock Lane, Melita Island Road, Acacia Lane, Silver Rock Pines Subdivision, Jette Meadows Subdivision, Jelle Lake Subdivision, Flathead View Drive, Tower Road, Gingras Springs Road, Fox Road, Bay Point Road, Rocky Point Road, Kings Point Road, Sunrise Drive, Irvine Flats Road, Highland Drive, Lake View Drive, Ponerilla Hills, Kerr Dam Road, Forman Road, Eli Gap Road, Valley View Road, Mud Lake Trail, Pablo West Road, Light Road, Leighton Road, Carbine Road, O’Brien Road, Pablo Townsite, Old U.S. 93, Clairmont Road, Courville Trail, N. Crow Road, N. Foothills Drive, Emory Road, Canal Road, Canyon Mill Road, Stagecoach Lan, mud Creek Lane, Little Bitterroot Road, Spring Creed Road, Rocky Shores Road; DISTRICT 2 Price Lane, Mcleod Road, Blodgett Lane, Terrace Lake Road, Timberlane Road, Sloan Road, Mink Lane, Bouchard Road, Rocky Butte Road, Mollman Pass Trail, Morris Road, Eagle Pass Trail, Herak Road, Moise Valley Road, Olsen Road, Charlo Townsite, Red Horn Road, Dublin Gulch Road, Logan Road, Airport Road, Foothills Road, St. mary’s Lake Road, Mission Creek Road, Watson Road, Allison Road, Hillside Road, Mission Dam Road, Chalwain Road, Repass Trail, North Valley Fcreek Road, White Coyote Road, Martz Road, McCleod Road, Dumontier Road, Teresa Adams Lane, Coldwater lane, Oxford Lane, Jock Road (FAS559), Arlee Townsite, Finley Creek Road, S. Couture Loop, Combs Lane. THESE LOAD LIMITS WILL GO INTO EFFECT MARCH 1, 2023. PASSED AND ADOPTED THIS 13th day of February, 2023. BOARD OF LAKE COUNTY COMMISSIONERS /s/Gale Decker, Chairman /s/ Steve Stanley, Member /s/ William D. Barron, Member Attest: /s/ Katie Harding, Clerk & Recorder Published on February 16th & 23rd, 2023 MNAXLP __________________________
Probate No. DP 23-5 REBECCA R. SWANDAL Swandal Law PLLC 305 E Lewis Street Livingston, MT 59047 Telephone: (406) 222-3301 Swandal.law@gmail.com Attorney for Co-Personal Representatives MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY IN THE MATTER OF THE ESTATE OF TANNER CLAY ELLIS, Deceased. NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that TYLER GARRETT ELLIS and KATIE MARIE ELLIS have been appointed Co-Personal Representatives 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 TYLER GARRETT ELLIS and KATIE MARIE ELLIS, the Co-Personal Representatives, return receipt requested, at Swandal Law PLLC, 305 E. Lewis Street, Livingston, Montana 59047, or filed with the Clerk of the above-entitled Court. DATED this 2nd day of February, 2023 SWANDAL LAW PLLC /s/ Rebecca R. Swandal, Attorney for Co-Personal Representatives Published on February 16th, 23rd & March 2nd, 2023. MNAXLP __________________________