With only three council members present Monday evening, the Kalona City Council tabled action on adoption of an ordinance in regards to a building inspector and resolution pertaining to a fee schedule for building permits.

In a letter to city administrator Doug Morgan, City Attorney Michael J. Brenneman pointed out that city liability would be very difficult to be held in Kalona’s present situation where it is not involved in any inspection process. The city receives protection under the Iowa Code, Brenneman added.

In the case of failure to inspect before issuing a permit, the issuing clerk would be an employee of the municipality. The clerk’s actions or omissions would likely be covered under the exceptions to municipal tort liability.

Brenneman added that the Iowa Building Code is applicable in each government subdivision of the state in which the governing body has enacted an ordinance accepting the applicability of the code.

If Kalona hires an engineer to serve as building inspector, the engineer would be an employee or agent of Kalona and would have the same available exemptions to tort liability as any other employees.

Brenneman suggested that in order to assure complete immunity from suit, Kalona might want to consider purchasing liability insurance or adding building inspection to the liability coverage it already has.

Mayor pro tem Jerry Kauffman, who chaired the meeting in the absence of Mayor J. D. Boyd, noted his concern was not the contractors now doing work in the city, but outsiders who could underbid present builders and then construct inferior structures.

Councilman Ken Herington questioned if the city would be liable if a house is not built right?

City Administrator Morgan noted that if a builder constructed a subdivision of inferior houses, the houses could be a blight in the city in several years.

It was noted that a building code is not a cure all. Homeowners will still need to go back on contractors for any flaws or construction shortfalls.

Other action

•discussed getting a new backhoe by paying $10 an hour when it is in use. This would allow the city to get a new backhoe every two years.

•discussed need to replace the sewer cleaner.

•heard Morgan state that the city is Y2K compliant.

•discussed the new treadmill and exercise bike.