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<br />Regular Council Meeting <br />12/21/92 <br />Page Two <br />COMMENTS FROM COUNCIL PRESIDENT RINKER <br />NIr. Itinker had no comment at this time. <br />DEPARTMENT HEAD REPORTS <br />Mr. Hovancsek said the Board of County Commissioners sent the Village agreements and <br />consent legislarion over a year ago regazding the dual-dual lane project. The Village did not act <br />on the legislation. Today, the Village received another packet of the same information; they are <br />again requesting the Village enact the consent legislation. Mr. Hovancsek said he thought the <br />rnood of Council was to do nothing and Mr. Diemert had indicated nothing needed to be done as <br />long as they were not inclined to vote to approve the legislation. <br />Mr. Diemert concurred. <br />Mr. Flynn asked if it would be proper for him to ask the Engineer a question. <br />Mr. Rinker said go right ahead. <br /> <br />Mr. Flynn asked who ultimately signs off on site approval (structrual, soil, grading, etc.) on a <br />residentiallot. If there was a scenario where the site was not prepared properly, who is liable. <br />Mr. Hovancsek said the responsibility lies basically with the azchitect and builder. The <br />inspection of the property does not, in his opinion, transfer responsibility onto the municipality. <br />Mr. Flynn asked if there were to be pilings involved or something extrordinary in,the preparation <br />of the site, who would call for this? ' <br />Mr. Hovancsek said to his knowledge, in the past 23 years there has been one sste where <br />substructure was required (in the Hanover Woods subdivision) and that was because during the <br />excavation they uncovered some unsuitable material at the elevation of the bottom of the footers. <br />The builder had to hire a structural engineer who had to design some foundarion pilings for the <br />structure which were submitted to the municipality. He reviewed them and they certainly <br />appeared to be reasonable. The builder then proceeded to construct that particular structure. <br />Mr. Rinker asked Mr. Flynn to follow up with Mr. Hovancsek after the meeting if there is a <br />specific problem. <br />Mr. Diemert referenced Ordinance No. 92-08 (on the agenda) which has to do with the Basconi <br />matter. He said he redrafted the legislation as it should be amended and gave copies to Council <br />this evening (with a letter). Mr. Diemert said he added a sentence to the legislation under <br />Section 1149.08, which indicates that "Council shall grant variances and exceptions only upon <br />evidence of practical difficulries in the record of the hearing and that the variance or exception is <br />necessary to afford justice to property owners and users." Mr. Diemert said with the addition of <br />that sentence, the legislation is acceptable to him. and feels it is a fair compromise to grant to <br />them to put an end to that matter.