Reintsma offers opinion on stalemate

Libby City Council members should formalize a plat application it began five years ago with the Cabinet View Golf Club on its planned subdivision, writes Libby City Attorney James Reintsma in an opinion that seeks to end a stalemate.

City Council members instructed Reintsma to write the opinion last week during their Jan. 17 meeting. Reintsma, citing a Montana Supreme Court decision from 2002 as precedent — Kiely Construction v. City of Red Lodge — the city essentially is urged to step back with the formalization process of approving the subdivision plat. Reintsma completed the opinion last week and provided a copy of the opinion on Friday.

“It’s not like going back and starting all over,” Reintsma said Tuesday.

“It’s important that we use the parameters set in 2007,” Reintsma said. “This should give both sides some clarification.”

In Reintsma’s opinion, he also writes “the next step for the city would be to draft its findings according to the 2007 version of Montana Code Annotated §76-3-620 and forward them according to Cabinet View Golf Club and its designated developer.”

“I would also suggest posting these findings for public consumption in a manner consistent with other public postings from the Libby City Council,” Reintsma writes.

Reintsma then offered a summation of his legal findings.

“I believe this position is the most consistent with Montana legal precedent. After this process is finished, CVGC and the city can then attempt (if they wish) to negotiate modifications to the subdivision plan during the three-year period the preliminary plat would be in place.”

During the Jan. 17 City Council meeting, Mayor Doug Roll cited the lack of documentation the Cabinet Heights subdivision was ever recognized.

Roll, contacted Tuesday and having read Reintsma’s legal opinion, said he is eager to move the process along.

“It’s a good place to start,” Roll said.

Roll said the city’s next step would be to consult with Lincoln County Planning Director Kristin Smith to draft documents necessary for the process to proceed.

“We’ll get with Kristin (Smith) as she’ll be writing the conditions,” Roll said, adding that Smith had a baby Sunday and the process may be slowed until she gets back in her Lincoln County Annex Building office.

“When Kristin gets it done we can forward it along to Cabinet View,” Roll said, adding since City Council minutes indicate the process was approved it will not have to be voted on again.

Roll indicated he is eager to discuss payment of the $1.5 million loan and compensation for the city’s expenses for a sewer trunk line to the golf course clubhouse.

At issue, is the sum of $1.5 million the city loaned to Cabinet View Golf Club for the purpose of adding the “Wilderness Nine” holes to the course, bringing the links to a total of 18 holes.

Roll estimated costs of the extension to be between $500,000 and $750,000.