Correspondencee0lyoi Ka
Telephone (406) 75.2-6600 Incorporated 1892
P.O. Box 1997
Kalispell, MT 59903-1997
November 26, 1991
Mike Davis
Tidyman's
E. 17515 Appleway
Greenacres, WA 99016
Dear Mike:
To confirm our conversation of this morning I am enclosing a
synopsis of my notes on the November 21 meeting with Fred
Myer, et al.
If you have any questions or comments please don't hesitate
to call).
Enclosure
Douglas Rauthe
Mayor
Bruce Williams
City Manager
City Council
Members:
Gary W. Nystul
Ward I
Cliff Collins
Ward I
Barbara Moses
Ward 11
Fred Buck
Ward 11
Jim Atkinson
Ward III
Lauren Granmo
Ward III
Pamela B. Kennedy
Ward N
M. Duane Larson
Ward N
SUSAN W. HAVERFIELD
FLATHEAD COUNTY CLERK & RECORDER
800 South ivia;n - Kalispell, Montana 59901
Phone (406) /752-5300
October 3, 1991
Williams & Ranney, P.C.
235 East Pine
P.O. Box 9440
Missoula, Mt. 59807-9440
Atten: Lance Lovell
Re: Notice of Approval of Petition Form
Notice is hereby given that on this date! October 3, 1991,
the "Petition To Place Kalispell City Referendum No. i on
The City Ballot", which was submitted and received in its
latest form on October 3, 1991, does fulfill statutory
requirements 7-5-131, 7-5-132, 7-5-134 and 13-27-201 MCA,
with the qualification that a copy of the ordinance is to
be attached to each petition sheet or set of up to 25
petition shaets during circulation. A copy of the approved
form is returned herewithin.
As required by 7-5-134, the ballot statement and statements
Of implication, as prepared by Mr. Glen ;Meier, Kalispell
City Attorney, are attached to this Notice of App
roval.
Please be advised that 7-5-134(7) MCA requires that all
signatures must be colleted and filed within 90 days of the
date of this Notice of Approval.
I
A -Icase be aware that each petition sheet or group of
petition sheets, with a copy of said ordinance attached,
must also have an Affidavit of Person Circulating Petitions
completed and attached before being submitted to this
office for signature verification. A copy of said
affidavit is also attached.
Sincerely,
Susan W. Haverfield
E)-pction Administrator
y
Dianne M. Murer
Election Supervisor
WILLIAMS & RANNEY,
2n by Pw P Q ?" 9,0 C
AM040, Wroro N8074440
T,op,tor:e 4C)o,,7-2!43y
Poo
Fox 40172, 1037 40,1c/ P
TO. Diane Murez
Flathead County Election AdminiSttat=
FAX: 1-756-5699
FROM* Lance Lovell
DATE: October 3, 1991
RE* WdymaYs Kalispell Development
235 Eosr Rine, P O. 130X U.0
i"Ie
Fox 406,721,OQ37
October 3, 1991
Ra. Petition for Referendum
Downtown Rsdovelopmant Praje&,
Tidyman's Kalispell Development
W&R File: 5776
I spoke with Garth Jacobson yesterday. It is my undor-standing that ho had a tfaff person call y
rogarding the petition format. Further, I understand that the petiflon peg* provided you should
approved a& to form. I
As for back of We form, It Is my understanding that we do not nead the "for" and "sualhis
statements or any of the other boilarplate language appsaring An the frorjL We Simply I&W
reproduce the Vatemant of purpose at the top of each page, Thus, saouming wa 410ot to use bw
sides of a petition form, the front And back will appear in the form I hava faxed herewith for yo
consideration. I
Additionally; I understand that we may ataple th6da forms Into bundle-$ *omalgt[Mg Of tw4rIPY41
pages, with a Copy of the ordinance attaahod at the back of each bundW The totsl MUmber of 962
in each petition bundle, then, will consist of twenty-fiva petition jorms and fiv4 additional gag
consisting of the ordinant-s amd cartifleatlan. 'rho maximum numb*r of pagos in asch bundla will
thirty. I
WJL�* , MS & RANNEY, P.C.
Lance Lovell
cc Mr. Glen Noier, Kalispell City Attorney
Mr. Jonathan Smith, Flathead County Daputy Attorney
WILLIAMS, P.c.
205 Fosr Pine P 0 Box 9440
Missoula Montana 59807-9440
Telephone 10o/721-4350
Fox 406/721-o007
October 3, 1991
Ms. Diane Murer
Election Supervisor
800 South Main Street
Kalispell, MT 59901
Re: Petition for Referendum
Downtown Redevelopment Project
Tidyman's Kalispell Development
W&R File: 5776
Dear Diane:
Shelton C. Williams
Richard Ranney
Paul M Sharkey
Nancy P Gibson
Cynthia K Smith
I spoke with Garth Jacobson yesterday. It is my understanding that he had a staff person call you
regarding the petition format. Further, I understand that the petition page provided you should be
approved as to form.
As for back of this form, it is my understanding that we do not need the "for" and "against"
statements or any of the other boilerplate language appearing on the front. We simply need to
reproduce the statement of purpose at the top of each page. Thus, assuming we elect to use both
sides of a petition form, the front and back will appear in the form I have faxed herewith for your
consideration.
Additionally, I understand that we may staple these forms into bundles consisting of twenty-five
pages, with a copy of the ordinance attached at the back of each bundle. The total number of pages
in each petition bundle, then, will consist of twenty-five petition forms and five additional pages
consisting of the ordinance and certification. The maximum number of pages in each bundle will be
thirty.
As you can see, I am unable to fill in the date on which this petition was approved for circulation.
We continue to await your approval of the petition form. Thank you for your continued assistance.
Yours truly,
WILLIAMS & RANNEY, P.C.
Lance Lovell
cc Mr. Glen Neier, Kalispell City Attorney
Mr. Jonathan Smith, Flathead County Deputy Attorney
If 15 percent of the registered voters in the City of Kalispell sign this petition and the total number of voters
signing is 860, this measure will appear on the April 7, 1992 Kalispell school election ballot.
We, the undersigned voters, propose that the County Election Administrator place City Ordinance No. 1168
on the next regular election ballot at least 75 days after the adequacy of the petition is determined by the Election
Administrator.
STATEMENT OF PURPOSE
Referendum No. 1 proposes to repeal City Ordinance No. 1168.
Ordinance No. 1168 authorized the City to enter into a Development Agreement with Tidyman's, Inc. for the purpose
of developing certain property within the Downtown Redevelopment Area between Main Street and 3rd Avenue E.N.,
South of Montana Street.
Ordinance No. 1168 authorized the expenditure of up to $500,000 of available tax increment funds for public
infrastructure improvements, including water, sewer, streets and storm drains under the Development Agreement
and an application for a Federal Grant to off -set City costs.
A vote for Referendum No. 1 would prohibit the City from entering into the Development Agreement.
r—i
u FOR repeal of Ordinance No. 1168, thereby prohibiting Development Agreement.
r-1
U AGAINST repeal of Ordinance No. 1168, thereby allowing Development Agreement.
Voters are urged to read the complete text of City Council Ordinance No. 1168, which is attached to this
Petition. A signature on this petition is only to put the measure on the ballot for voter consideration and does not
necessarily mean a signer agrees with the measure.
This Petition may be circuiatei , 1991, and all signatures must be collected within 90 days
thereof.
A person who purposefully signs a name other than his/her own to this petition or who signs more than once
for the same issue at one election or signs when not a legally registered City voter is subject to a $500 fine, six
months in jail, or both. Each person must sign his/her name and address in substantially the same manner as on
his/her voter registry card or the signature will not be counted.
COMPLETE SIGNATURE
(as registered)
Printed
Last Name
Post Office Address
(as registered)
Precinct
Number
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
STATEMENT OF PURPOSE
Referendum No. 1 proposes to repeal City Ordinance No. 1168.
Ordinance No. 1168 authorized the City to enter into a Development Agreement with Tidyman's, Inc. for the purpose
of developing certain property within the Downtown Redevelopment Area between Main Street and 3rd Avenue E.N.,
South of Montana Street.
Ordinance No. 1168 authorized the expenditure of up to $500,000 of available tax increment funds for public
infrastructure improvements, including water, sewer, streets and storm drains under the Development Agreement
and an application for a Federal Grant to off -set City costs.
A vote for Referendum No. 1 would prohibit the City from entering into the Development Agreement.
COMPLETE SIGNATURE
(as registered)
Printed
Last Name
Post Office Address
(as registered)
Precinct
Number
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
Ut- I Uef * 'JI 1b; CI 141% LHW., Mbl-H. M I
M!
"k V
295 Ecir Pine, P.O. Dox 9M40
M'55QVG, Morrono 59807-9440
Telephone 406/721-4350
Fax 406/ 721 -6M7
TO., Kalispell City Attorney
Glen Neier
Fax 1-752-6639
R-T-Iffmp�
DATE: October 2. 199E
RE., Tidyman's Kalispell Development
Shelton C. Williami
lklrhQrd Ronney
Poul M, Shorkey
Nancy P. Glbsc,')
Cynthia K, Smith
1.Jl' I UC_ -11 10-C-1 P. 2
235 Ear Pire P,O. Oox 9440 5heltdr: C W1111OMS
%srtw1o, Mowwc .59807-9440 Richard Ronney
Te4ep re 406/721.4350 Pout M. Sharkey
Fox 406/72 1 -6037 Noncy P. Gibson
Cynthlo K. Smirh
October 2, 1991
Ms. Diane Murer
Election Supervisor
800 South Main Street
Kalispell, MT 59901
Dear Diane:
I am faxing you oi;r updated form for the petition for referendum to
repeal City Ordinance 1168. As you will see, this form includes
Glen Neierfs textual drafts.
Mr. Neler advised me at about 3:40 p.m, that he and Deputy County
Attorney Jonathan B. Smith have reviewed the text and that both
have approved it as to form. Therefore, as you have asked Mr.
Smith to review the petition as to form and as he has approved it,
we anticipate that you will permit the petition to be circulated in
its present form on this date.
Please advise me of the status of this petition by days end.
Thank you for your continued assistance.
Yours truly/
WILL AM$ & RANNEYF P.C.
)c4e' L o v' �e
LL/19b
RM
cc: Glen Neier, Kalispell City Attorney
Jonathan B. Smith, Flathead County Deputy Attorney
PETITION TO PLACE KALISPELL CITY REFERENDUM NO. I ON THE C11
BALLOT
If 15percent of the regletwed voters In the City of Kalispell sign this petition and the total number of voters
signing is M, this measure will appear on the April 7, 1092 hail it school election ballot.
We, the undersigned voters, propose that the County Election Administrator place City Ordinance No.1168
on the next regular election ballot at least 75 days after the adequacy of the petition Is determined by the Election
Administrator.
Rsferandurh No.1 proposes; to repeal City Ordinance No.11N.
Ordinance No.1168 authorized the City to enter Into a Development Agreement with Tidyman's, Inc. forthe purpose
of developing certain property within the Downtown Redeveiopmwit Area between Main Street and 3rd Avenue E.
N., South of Montane Street.
Ordinance ti. 1108 authorized the expenditureof A'. to e ,, ! ! l of available tax Increment funds for public
nrid an application for a Federal Grant to omset City costs.
A vote for Referendum No. 1 would prohibit the City from entering Into the Development Agreement.
FOR repealOrd!nanea No. 1188, thereby prohibiting Development ,
' I AGAINST repeal of Ordinance No. 1166, thereby allowing Development Agreemsia
Voters are urged to rod the complete text of City Council Ordinance No. 1168, which Is attached to this
Petition. A signature on this petition Is only to put the measure on the ballot for voter consideration and does not
necessarily mean a signer agrees with the measure.
thereof. ihla Petition may be circulated .1991, and all signatures must be collected within 90 days
A person who purposefully signs a name other than his/her own to this petition or who signs more than
o for the same Iowa at one election or signs when not a legally registered City voter Is Subject to a $500 fine,
six months In jail, or both. Each person must sign his/her name and address In substantially the same manner
as on his/her voter registry card or the signature will not be counted.
COMPLETE SIGNATURE
(as registered)
Printed
Last Name
Post Offics Address
(as registered)
Precinct
Number
1.
9.
3.
4.
6.
a.
7.
a.
i ne uty ot r\aiiT_0_l
F A C S I M E L_ E T it A N s m I s s I a N
FAX NO: (406) 752-6639
*�Jo. X
NO-
PROMt
RE=
Number of pa ecas (lnc:ludincj this ane):
I IF you tam%f� any cguc-- s Z I cn s . p I �a niva- -t" I t-- ph u n� < 4 06 7 5 2 —66 00
TRANSMISSION REPORT
THIS DOCUMENT WAS CONFIRMED
(REDUCED SAMPLE ABOVE - SEE DETAILS BELOW)
** COUNT **
TOTAL PAGES SCANNED : 3
TOTAL PAGES CONFIRMED : 3
RESULT OF LAST BATCH SENT
*** SEND ***
No.
REMOTE STATION
START TIME ;DURATiONl#PAGES
1
I MODE
RESULTS
1
14065430863
10- 2-91 12:27 1,50"i
3/ 31
COMPLETED
9600
TOTAL 0: 01,50" 3
NOTE:
No.* OPERATION NUMBER 18 1800BPS SELECTED EC ERROR CORRECT G2 G2 COMMUNICATION
PD POLLED BY REMOTE SF STORE & FORWARD RI RELAY INITIATE RS RELAY STATION
MB SEND TO MAILBOX PG POLLING A REMOTE MP MULTI -POLLING RM RECEIVE TO MEMORY
ity ol Kalispell
Telephone (406) 752-6600 Incorporated 1892
P.O. Box 1997
Zip 59903-1997
F A C S I M I L E T R A N S M I S S I O N
FAX NO: (406) 752-6639
TO: �` ��/oFAX
S ` 3 -- 6 S� 3
FROM:
RE:
Number of pages (including this one):
Date:
If you have any questions, please telephone (406) 752-6600.
Bruce Williams
City Manager
City Council
Members:
Gary W. Nysid
Ward I
Cliff Collins
Ward I.
Barbara Moses
Ward II
Fred Buck
Ward II
Jim Atkinson
Ward III
Lauren Gronmo
Word III
Pamela B. Kennedy
Ward IV
M. Duane Larson
Ward IV
To: Mae Nan Ellingson
From: Glen Neier
Re: Tidyman's
Please read over the Statement of Purpose and Ballot issue and
give me a call this afternoon. I believe it fairly represents the
Development Agreement as outlined in the Notice and Ordinance,
but I am concerned that certain on -site and Developer
improvements were lumped in under paragraph (D) and Williams may
have a problem with not including some things, i.e. demolition of
Kalispel News, landscaping and paving. I know and you know that
City di of commit to cover any of the Developer costs but it is
unfort n ely not clear in the Ordinance. What do you think?
Thank
Referendum No. 1 proposes the repeal City Ordinance No. 1168.
Ordinance No. 1168 authorized the City to enter into a
Development Agreement with Tidyman's, Inc. for the purpose of
developing certain property within the Downtown Redevelopment
Area between Main Street and 3rd Avenue E. N., South of Montana
Street.
Ordinance No. 1168 authorizes the expenditure of up to $500,000
of available tax increment funds for public infrastructure
improvements, including water and sewer mains, streets and storm
drains under the Development Agreement and an application for a
Federal Grant to off -set City costs.
A vote for Referendum No. 1 would prohibit the City from entering
into the Development Agreement.
FOR repeal of Ordinance No. 1168.
AGAINST repeal of Ordinance No. 1168.
T e Gly oi Ll is �el 1 0
Telephone (406) 752-6600
P.O. Box 1997
Kalispell, MT 59903-1997
September 27, 1991
Ms. Mary Kathryn Alspach
Regional Project Officer
1244 Speer Blvd., Room 670
Denver, Colorado 80204
Incorporated 1892
Re: Downtown Redevelopment Project
Tidyman's Kalispell Development
Dear Ms. Alspach:
I have for some time now been in receipt of a copy of a
letter addressed to you from Shelton Williams, Esq.,
representing Super One Foods and Fred Meyer, Inc., expressing
his clients' concerns with the City's involvement in the
above referenced Project. Mr. Williams concludes his letter
by requesting that the EDA delay action on the grant
application until the voters in the City may by referendum
determine "whether or not tax increment funds should be used
to subsidize the Tidyman's project". After considerable
reflection on the allegations contained in the Williams
letter, I have determined that perhaps some comments from
this office may assist you in determining your course of
action.
First of all, a substantial portion of the property upon
which Tidyman's intends to build its grocery store was
acquired from the City of Kalispell in June of 1990. From
1929, when the City acquired the property, until 1987, the
property, known as Griffin Field, was held by the City and
used primarily as a field for the American Legion Baseball
Team. In 1987, pursuant to the Montana Urban Renewal Law,
the City designated the relocation of Griffin Field as an
Urban Renewal Project and built a new ball park on the
outskirts of the City. Ordinance #1098, the Ordinance
authorizing the relocation of Griffin Field stated that "old
Griffin Field will be retained and developed by the City in
a manner suitable with the Urban Renewal Plan". The City
financed the relocation of Griffin Field through cash flow
generated from a UDAG Loan repayment from the Kalispell
Center Limited Partnership.
In 1985 the City had previously attempted to sell Griffin
Field anticipating the United States Postal Service would
find the site acceptable for a new post office complex. In
conjunction with the attempted Postal Service sale the City
published a Notice of Sale of City Property to the general
public after passage of a Resolution of Intention to Sell.
Douglas Rauthe
Mayor
Bruce Williams
City Manager
City Council
Members:
Gary W. Nystul
Word I
Cliff Collins
Ward 1
Barbara Moses
Ward II
Fred Buck
Ward II
Jim Atkinson
Ward III
Lauren Granmo
Ward III
Pamela B. Kennedy
Ward N
M. Duane Larson
Ward IV
Mary K. Alspach Page 2 September 27, 1991
No bids were received by the City pursuant to the Notice and
the Postal Service later purchased other property outside the
central business district of the City.
In July of 1986, the City again attempted to sell Griffin
Field through a listing agreement with the Flathead Board of
Realtors. The property was listed with Multiple Listing
Service from August 1, 1986 until January 31, 1987 and no
offers were received.
After the Griffin Field relocation, the City, in April of
1988, again attempted to sell the site for redevelopment by
passing a Resolution of Intention to Sell. Notice was again
published and no acceptable offers to purchase the property
at or near 90% of the appraised value of $235,000.00 were
received.
In September of 1989 the City Council authorized the
execution of an Option Agreement with Hawkins Properties of
Boise, Idaho for the purchase of the property at $211,500.00
or 90% of the appraised value of the property. Eventually,
pursuant to Section 7-8-4201, Montana Code Annotated, the
City Council by Resolution #3934 authorized the sale of Lots
1-12, Block 23, Kalispell Original (Griffin Field) to
Warehouse Industries, Inc. d/b/a Tidyman's.
As you can see from the above, both Super One Foods and Fred
Meyer, Inc. on at least three occasions over the last five
years had an opportunity to purchase Griffin Field from the
City if they desired to locate, or relocate, their operations
in the Downtown Redevelopment Area. No taxable entity
responded to any of the public offers for the sale of Griffin
Field with the exception of Tidyman's. Tidyman's acquisition
of the property and decision to construct a grocery store on
the site presented the City with a unique opportunity to
benefit from private development of under utilized property
while at the same time receiving Federal financial assistance
for infrastructure improvements.
As indicated in the City's Preapplication Documents the
infrastructure available in Griffin Field and the surrounding
property is to a great degree inadequate. The water lines
scheduled for replacement as part of the EDA application are
60 years old. The storm sewer essentially bisects Griffin
Field and hampers the placement of any structures on the
site. Additionally, the City needs the street extensions to
provide better emergency access to the North side of
Kalispell and to relieve local traffic pressures on U.S.
Highway #93.
Mary K. Alspach Page 3 September 27, 1991
None of the infrastructure improvements suggested by the City
directly benefit the Tidyman's operation in particular. In
fact some of the infrastructure improvements undertaken by
the City may not even be desirable to the Tidyman's
operation. For example, the extension of First Avenue East
from Center to Idaho Street may have the effect of deflecting
local traffic away from the Tidyman's site and into the
property currently used as a grocery store by Fred Meyer,
Inc. All of the infrastructure improvements suggested by the
City in the EDA application are desirable, if not absolutely
necessary, regardless of the type of development which
eventually occurs on Griffin Field or the surrounding
property.
Mr. Williams' letter also contains an allegation that the
City has been conducting secret negotiations with Tidyman's
regarding the project. Although I cannot say that Fred
Meyer, Inc. or Super One Foods was invited to any staff
meeting regarding the project, both the Daily Inter Lake and
the Kalispell Weekly News, our two local newspapers, have
carried a variety of stories regarding the Tidyman's purchase
and plans.
On August 5, 1991, the City Council passed Resolution #4002,
a Resolution of Intention to Modify the Downtown
Redevelopment Plan to Approve a Certain Urban Renewal
Project. Resolution #4002 described the City's anticipated
involvement in infrastructure improvements in the area.
Although Mr. Williams may believe the following to be self-
serving, it should be noted that said Resolution described
the off -site and infrastructure improvements as being "of
benefit to the City and to the Redevelopment Area". In
accordance with the Montana Urban Renewal Law, the City
published notice of Resolution #4002 and mailed notice to
every property owner within the Downtown Redevelopment Area
notifying those entitled to notice that a public hearing on
the matter would be held on September 3, 1991. To say that
"very little publicity" proceeded the public hearing, simply
is not correct.
At many stages during the processes, herein reviewed, either
Fred Meyer, Inc. and/or Super One Foods were in a position to
affect the redevelopment of the Griffin Field site and the
surrounding area. Now it appears that they, collectively,
have opted to deny the City federal assistance in funding
needed infrastructure and other public improvements. While
the referendum petition may finally decide whether or not the
Mary K. Alspach Page 4 September 27, 1991
City is allowed to install the improvements, the referendum
will not establish that the improvements are not needed and
in the public interest.
Sincer y'
e AnN )I e r
City Attorney
GN/sh
pc: City Council
Bruce Williams, City Manager
Steve Cervantes, Director PECDD
Larry Gallagher
SEP 22 ' S1 16: 56 WN. LAW, i1SLA. [ 1T
M
235 Fa5r Pine, P.p. Lox G44
Miwoulo, Montam 59507-9440
7eleph6ne 406/721.4:350
FCX 406/721 6b97
September 23, 1991
Cleo: Neder°
Kalispell City Attorney
Diane Murer
Flathead County Election Administrator
j onath.on B . Smith
Flathead County Deputy Attorney
Dear Lady and Gentlemen:
5helron C. Wilh=5
Richad Ranney
Pout M. shwkey
Nancy P. Gibson
Cynrhlc K. Smirh
Here is the updated petition for referendum requested by Mr. Neier.
As I mentioned to each of you, the Substance of this ordinance
remains the same despite the change in reference number -- from
Referendum i. 4002 to Ordinance No. 1166.can see no bearing
this small change can have on your collective decision as to the
form of this petition.
it is my understanding that Mr. Meier has agreed not to reject the
petition as to form on the basis of the ordinance number. If you
have any questions in this regard, please contact me immediately.
Yours truly,
WILL S & YEYJ P.C.
d�
'rn
Lan�o E:1 7j♦//4{
LL/lgb
br t' GO - 71 ItO DJ F'. 3
PETITION TO PLACE KALISPELL CITY REFERENDUM NO. 1 ON THE CITY
BALLOT
We, the undersigned votera, propose that the County Election Administrator place Clay Ordinance No.1168
an the next regular el Ion ballot at least 75 days linter the adequacy of the patitlon IS determined by the Election
Administrator.
�. t
.� a ♦.,.r v y ♦.... ) 9Y ♦ .,.y. ,a, t
f T
This tart may be circulated ♦ 1991, and all .signatures must be collected within 00 days
thersoL
['d!&1i1
A person who purpossfully signs a name other than hlWher own to v, partition or who signs more
COMPLETE SIGNATURE
(as registered)
Printed
Last Name
Past Office AddrOSS
(as registered)
Precinct
Number
1.
3.
4.
a.
6.
�,
i
WI LLIAIIAS & RAN
235 East Pine, P.O, Box 9440
Missoula, Montona 59807-9440
Telephone 4061721-4350
Fox 4061721-6037
September 25, 1991
Glen Neier
Kalispell City Attorney
P.O. Box 1997
Kalispell, MT 59903
RE: Petition for Referendum
Dear Mr. Neier:
Shelton C. Williams
Richard Ranney
Paul M. Sharkey
Nancy P. Gibson
Cynrhio K. Smirh
This will confirm your telephone call with Lance Lovell and the fax
transmission of September 23, 1991. When we called you to check on
the reason for the delay in the approval of the petition, you
advised us that the city had changed the ordinance number to 1168
as opposed to the number we put on the petition, 4002, which is the
number discussed in the City Council meetings.
We were amazed that you were actually considering rejecting the
petition because the city changed the number on the ordinance.
At your request, we faxed a new draft of the petition changing the
number to the new number assigned by the City Council. This was
done a ha -If of t1. _e t- .l ep.`�vic Jnvcsa�- iOn. You
expressed no other criticism of the petition. I understand that it
will be approved in the near future. I would request that you
proceed with drafting the text that will appear on the ballot on
the petition and do so within the very near future.
As you know, the statutes pertaining to the people's right of
referendum are to be liberally construed to facilitate, rather than
to hamper, the exercise of this fundamental right.' The deadlines
outlined in the statutes provide the absolute maximum time frame in
'See McFadden v. Jordan, 32 Cal. 2d 330, 196 P.2d 787 (1948),
cert den 336 U.S. 918 (1948); Yenter v. Baker, 126 Colo. 232, 248
P.2d 311 (1952); Albuquerque Bus Co. v. Everly, 53 N.M. 460, 211
P.2d 127 (1949); State ex rel. Carson v. Kozer, 108 Or. 550, 217 P.
827 (1923); Rousso v. Meyers, 64 Wash. 2d 53, 390 P.2d 557 (1964).
Glen Neier
Kalispell City Attorney
September 25, 1991
Page 2
which you have to perform your duties. There would seem to be no
reason why you couldn't do your work and get the petition approved
for circulation within the next day or two. We are, of course,
happy to assist you in any way possible.
A hard copy of the corrected petition is enclosed herewith for your
assistance. It is also being sent herewith to Mr. Smith and Ms.
Murer as well.
Please don't hesitate to call us if we can provide any assistance
at all. Best personal regards.
Yours truly,
WILLIAMS & RANNEY, P.C.
Shelton C. Williams
SCW/lgb
Enc.
cc (C/RRR): Jonathan B. Smith
Flathead County Deputy Attorney
P.O. Box 1516
Kalispell, MT 59903
Diane Murer
800 South Main Street
Kalispell, MT 59901
I, Diane Murer, Flathead County Election Supervisor, hereby
I
acknowledge receipt of Neil Heino's Petition to Place Kalispell
City Referendum No. 1 on the City Ballot at the time and date
below.
Diane Murer, Flathead �-bunty
Election Supervisor
Date/Time
NEIL HEINO
938 5TH AVENUE'EAST
KALISPELL, MT 59901
(406) 755-3804
September 16, 1991
DIANE MUREER
FLATHEAD COUNTY ELECTION SUPERVISOR
RE: Petit -ion for Referendum/Ordinance 4002
Dear Ms. Murer:
I am exercising my right of referendum as guaranteed by the Montana
Constitution and our state laws. Much public debate exists over
Kalispell City Ordinance 4002, and therefore I believe this is an
issue for the People of Kalispell to decide at the election polls.
Please find enclosed the petition for referendum to repeal
Ordinance 4002, which I will circulate. You must review the
petition to assure that it is in the proper form. You have ten
days in which to reject it, and up to twenty-one days to approve
the form. However, this is a relatively simple task and I ask that
you make your determination as quickly as possible to facilitate
the People's involvement.
I look forward to hearing from you soon. Please notify me and my
attorney as soon as you have made your decision.
Sincerely,
i y
/Nei'l Heino
cc: Williams & Ranney, P.C.
P.O. Box 9440
Missoula,, MT 59807
(406) 721-4350