Library roof replacement scrutinized

 

 

 

Library roof replacement scrutinized

By Mike Van Sickle
News Editor
mvansickle@thefayettecountyunion.co
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The responsibility of a new roof at the West Union Community Library was brought into question during the City Council’s departmental budget capital project discussions last week. 

After library director Jill Clark reported the need to construct a new roof on the 15-year-old building, Councilman Kennon Gumm questioned replacing the roof without first seeking litigation against the original contractor for alleged faulty construction. He noted the roof was the proven cause of a large number of water damage incidents at the library over a number of years.  

City Attorney Jerem White later confirmed that the statute of limitations has expired for any litigation related to the library building, which was dedicated in June 1999.

After noting that the City previously deeded the building to the library’s board of trustees, Gumm was then joined by Councilmember Cathy Bemiss in stressing the need to establish who actually owns the building.

Clark shared that Mandy Easter, law librarian of the Iowa Library Services/State Library, informed her, that “There just simply is no doubt that public library buildings are city buildings; it hasn't been the subject of any lawsuits.” 

While acknowledging that the case is unrelated to the ongoing discussions between the City of West Union and the Library Board of Trustees, Easter noted the Iowa Supreme Court decision entitled "Lindstrom vs. Mason City.” 

The tort case involving a claim for damages resulting from an injury on City property included the statement, "Even though a city library may be administered by trustees, it is city property offering a service supported primarily by city taxes."

In addition, Clark pointed out that Iowa code defines "general corporate purpose" (of the city) as the acquisition, construction, reconstruction, enlargement, improvement, and equipping of city halls, jails, police stations, fire stations, garages, libraries, and hospitals, including buildings to be used for any combination of the foregoing purposes, and the acquisition of real estate therefor.”

At the same time, Easter informed Clark by e-mail that “practically speaking, the ownership of a building can be determined by matters such as who carries insurance on it (the City), who carries the workers' compensation insurance on it (the City), who claims it as an asset or liability (the City), who pays for its maintenance and repairs (the taxpayers, who are the same as the City), who gets the money if the land or building is sold (the City), who gets sued if the roof caves in on visiting patrons (the City), etc.”

When Gumm asked Clark if she had informed Easter that the West Union Community Library Board of Trustees held the deed, the library director acknowledged she had not.

“No matter who owns the library, if we need a roof, we need a roof,” interjected Mayor Kent Halverson. “Either way, we need to facilitate a new roof on the building.”

Gumm and Bemiss further voiced their concerns whether future City Council members would continue to be given a list of required repairs at the library.

White informed the council he would further examine the Iowa Code and Iowa Supreme Court decision entitled "Lindstrom vs. Mason City” and bring any new information to the council at a later date.

Other potential departmental capital project requests for the incoming fiscal year budget included the following:

• Sewer Department – Sewer main replacement in the alley behind 122 at an estimated cost of $110,000; sewer main replacement on N. Vine at a cost of $38,370; sewer main work on E. Main at a cost of $32,730; replacing the recirculation valves at the sewer plant at a cost of $60,000.

• Water Department – Painting the west water tower; replacing the cemetery truck with a truck and plow to be shared with the Sewer Department.

• Cemetery – A new mausoleum roof; constructing a retaining wall at the east entrance,

• City Administration – Making City Hall handicapped-accessible.

• Fire Department – Trading the 1993 brush buggy with lower mileage for the City’s 2008 truck.

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