HomeMy WebLinkAboutA001 - Legal Opinion dated October 14, 2008 City Attorney's Office
Caring People 515 Clark Avenue,P. O.Box 811
Quality Aog— Ames,IA 50010
Eueptional Service Phone: 515-239-5146 • Fax: 515-239-5142
October 14,2008
The Honorable Ann Campbell,Mayor,
and Members of the City Council
of the City of Ames, Iowa
Re: Proposed Changes to Municipal Code Chapter 15—Ames Public Library
Dear Mayor Campbell and Council Members:
The Library Board of Trustees, at their June meeting, recommended several changes to the Municipal Code
regarding terms and duties of the Trustees. At the August 26 meeting of the City Council, you referred those
recommendations to staff. The procedures needed to implement the recommendations of the Trustees are set out
in the Iowa Code.
Any alteration of the composition or charge of the Library Board requires approval by the voters at a city election.
Proposals may be submitted for approval either by motion of the City Council or by petition of eligible voters. Iowa
Code §392.5. Proposals that do not alter the composition or charge of the Library Board may by enacted by
ordinance.
Of the changes recommended by Library Board of Trustees, three would require submission to the voters for
approval at a City election. The first would make trustees eligible for two full consecutive terms,consistent with
the other boards and commissions appointed by Council. The second would reduce trustee terms from six years to
three years,also consistent with other City boards and commissions. The third would amend the powers and duties
of the Trustees to enable them to delegate authority to the Library Director and to establish procedures for the
removal of the Director and other employees.
I have prepared and attached a draft resolution that,if adopted,would cause these three recommended changes to
be submitted for voter approval. The first and second proposals would be decided as a combined ballot issue. The
third proposal would be decided as a separate ballot issue. The two separate questions would appear on the ballot
no later than the November 2009 city election.
The remaining changes recommended by the Library Board of Trustees may be implemented by ordinance. I have
prepared and attached two draft ordinances for your consideration. One ordinance, amending Municipal Code
section15.5,would allow permanent removal of a trustee who is absent from three consecutive regular meetings.
The second ordinance, amending Municipal Code section 15.13,would update the Code to permit the Library to
contract with other libraries for the exchange of"other library materials"in addition to books.
P
Yo s truly,
•LZ
Douglas R. Marek
City Attorney
Attachments
c: Diane Voss
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Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE ALLOWING SIGNS/BANNERS TO BE POSTED ON FENCES OF
SOFTBALL/BASEBALL DIAMONDS IN THE GOVERNMENT/AIRPORT(S-GA)DISTRICT:
Moved by Goodman, seconded by Mahayni, to pass on first reading an ordinance permitting the
posting of signs/banners on fences at baseball and softball diamonds within the Government/Airport
(S-GA) District, but only within the season during which games are played on those premises.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE REMOVING, FROM TABLE 29.901(3), MINIMUM FLOOR AREA
REQUIREMENTS FOR OFFICE USES IN THE GENERAL INDUSTRIAL DISTRICT:Moved
by Goodman, seconded by Mahayni,to pass on second reading an ordinance removing,from Table
29.901(3), the minimum floor area requirements for office uses in the General Industrial District.
Roll Call Vote: 6-0. Motion declared carried unanimously.
7C MENTS: Moved by Doll, seconded by Mahayni, to refer to staff the letters from Brad Larson
dated September 9, 2008, and Patrick Stahr and Matthew Thatcher dated October 3, 2008.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Doll, seconded by Popken,to direct staff to place,on the October 28,2008,Agenda,the
issue concerning proposed changes to Chapter 15 of the Municipal Code pertaining to the Library.
Vote on Motion: 6-0. Motion declared carried unanimously.
CLOSED SESSION: Moved by Doll,seconded by Goodman,to hold a closed session as provided by
Section 20.17(3), Code of Iowa, to discuss collective bargaining strategy.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Goodman, seconded by Doll, to return to Regular Session.
Vote on Motion: 6-0. Motion declared carried unanimously.
ADJOURNMENT: Moved by Doll, seconded by Goodman, to adjourn the meeting at 11:08 p.m.
Diane R. Voss, City Clerk Ann H. Campbell, Mayor
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