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City Council rescinds its OK of 'City of Eagles' monument

by Alan Lewis Gerstenecker
| November 28, 2012 10:48 AM

When City Council members gave the go-ahead Nov. 5 for the Chamber of Commerce and sculptor Todd Berget to proceed with plans to build on the world’s largest eagle, that approval elated Libby Chamber of Commerce Executive Director Shanda Jennings.

On Monday night, the Council rescinded its decision, saying there are issues that need to be resolved first.

Councilwoman Peggy Williams, who chairs the Park Committee, recently attended a training conference that warned city leaders of well-intentioned civic groups offering gifts.

Williams said those gifts sometimes come with huge afterthoughts for cities, specifically liability concerns.

“We were instructed to be wary of gifts,” Williams said. “No, I don’t think this spells an end to the project, we just want to make sure of some things first.” 

Those things, Williams said, are checks and balances to make sure the city may not be stuck with high costs down the road, beyond just liability.

The Chamber of Commerce’s plan calls for a nearly 60-foot-wide American bald eagle at the north end of Mineral Avenue.  The eagle would make “bookends,” Jennings said, at each end of the business district and is believed to be a boom for local merchants who signed a petition of support for the project.

“It’ll be the world’s largest eagle. People will drive from all over to see the world’s largest anything,” Jennings said.

The Chamber’s plan is to illuminate the eagle at night and make it an attraction that will be visible from highways 37 and 2.

Jennings said she has been left wondering why the city rescinded its approval.

“This has huge support from the businesses. I just want to know why if they were going to change their minds, why it wasn’t on the agenda. Why didn’t they let anyone know?” she asked.

Jennings said she would have attended the meeting had she known the eagle was going to be reconsidered.

That was the question of D.C. Orr, a former councilman and frequent critic of the city leaders.

Orr, who regularly steps to the podium to address city leaders, said the decision to rescind the earlier measure was unjust because it was not on the agenda. 

Orr asserted an item not on the agenda cannot be voted upon during its initial appearance before the Council.

According to municipal code, under Part VI, Section 1, Item No. 4, “A motion to reconsider any action taken by the Council may be made only on the day such action was taken or at the next meeting of the Council. Such a motion shall be made by a member of the prevailing side, but may be seconded by any member; it shall be debatable and requires a simple majority of adoption,” the code reads.

Williams, of the Park Committee, brought the motion back to the attention of the City Council, which approved the call back of the motion.

The vote to recall the motion was 5-1, with Councilman Allen Olsen dissenting.

“We just want to be sure there are no liabilities and concerns for the city,” Williams said.

Olsen said the eagle may be a dead issue.

“I do think this is in jeopardy. I hope we haven’t seen the end,” Olsen said.