Minutes - 1983 - City Council - 01/13/1983 - Special3
CITY OF EAGLE
COUNCIL MINUTES
SPECIAL MEETING
JANUARY 13, 1983
The council met in a special session on Thursday,
January 13, 1983, at Eagle City Hall at 5:30 P.M. Mayor
Deckard presiding.
Roll Call showed the following members present:
HALEY, STOPPELLO, DECKER.
The Special meeting was called in order to decide
whether or not to over ride the building inspectors
decision and issue a building permit pursuant to DR7-82.
The following letters and memorandum were intered
into testimony:
MEMORANDUM
DATE: January 13, 1983
TO: The Honorable Jerry Deckard, Mayor, and Members of
the City Council of Eagle, Idaho
FROM: J. Patrick Riceci, City Attorney
At the last regular meeting of the City Council the
question arose concerning the potential liability of the
City of Eagle, its Mayor and City Council for actions
involving enforcement of the Uniform Building Code. Specifi-
cally, it was asked what liability, if any, would attach
should the City Council approve a modification to the re-
quirements of the Uniform Building Code and the subject
building lalater collapsed or caught fire resulting in
damage to third parties.
For the reasons set forth below it is my opinion,based
on case law in the State of Idaho, that neither the City of
Eagle nor its elected officials would be found to be liable
for their official actions described above.
The starting point for analysis of this issue is found
in the Idaho Tort Claims Act, which constitutes a limited waiver
of the traditional immunity of governmental entities for negligent
or worngful acts arising out of the entity's performing its
official functions. Section 6-904, Idaho Code, provides certain
exceptions to liability and includes immunity from liability
for a claim which:
"(A) uses out of any act or omission of any employee
of the governmental entity exercising ordinary
care, in reliance upon or the execution or performance
of a statutory or regulatory function, whether
or not the statute or regulation be valid, or
based upon the exercise or performance or the
failure to exercise or perform a discretionary
fuction or duty on the part of a governmental
entity or employee thereof, whether or not the
discretion be abused."
show that each stud is carting only a small portion of it's
actual capabilities.
Secondly, it is my understanding that the building has
been standing for some forty-five years. If properly main-
tained, I see no reason structurally why it wouldn't stand
a few more years.
Again, referring to the 79' Uniform Building Code,
Section 104 (b) Additions, Alternations or Repairs: "Additions,
alternations or repairs may be made to any building or structure
without requiring the existing building or structure to comply
with all the requirements of this code provided the addition,
alternation or repair conforms to that required for a new
building or structure."
Further states same Section: ternatzons or repairs to
"Al ·
an existing building or structure which are nonstructural and
do not adversely affect any structural member or any part of
the building or structure having required fire resistance may
be made with the same materials of which the building or struc-
ture is constructed."
In conclusion, it is my feeling that
for the over all workmanship and design of
Respectfully submitted,
Jerrie Wolf, Architect
Jerrie Wolfe & Associates, Architects.
compliments are due
the remodel.
Also submitted for testimony is the following statement:
January 13, 1983
Eagle City Council
Eagle, Idaho
Re: Ron Marshall/Gary Askew
Feed Store Building
I have made an inspection of the building mentioned above
and find that it is acceptable for occupancy with the
following conditions:
1. That nothing such as bagged feed may be
stored along the base of the west wall.
2. That 2 -10# ABC fire estinguishers be
installed in easily accessable locations.
3. That a smoke alarm and 2 exit signs be installed.
The store owner was advised of these conditions during
my inspection and agreed to comply.
Yours truly,
Alan Olsen
Eagle Fire Chief
Councilman Walker entered the Council meeting at 5:40 P.M.
Moved by HALEY and seconded by DECKER to issue a
building permit to Mr. Marshall pursuant to Design Review
7-82. Motion resulted as follows: AYE: STOPPELLO, HALEY,
WALKER, DECKER. Motion carried.
Mayor Deckard adjourned ~~
Attest: ~r~ y '
Clerk ' -