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City Council meeting of December 5, 2002 <br />Page 4 <br />Attorney Dave Snyder recommend that Council reject all bids for this project and authorize the <br />advertisement for new bids in January 2003. <br />Granger made motion, Miron seconded, to reject all bids and advertise for new bids in January 2003. <br />All aye. Motion Carried. <br />Miron made motion, Granger seconded, authorizing the Mayor and City Clerk sign the easement <br />purchase agreement with the BNSF railroad. <br />All aye. Motion Carried. <br />VARIANCE REQUEST TO CONSTRUCT AN OVERSIZED ACCESSORY BUILDING <br />(MUELLNER) <br />Leon Muellner requested a variance to permit a 1,200 square foot accessory building, where the ordinance <br />limits the size to 260 square feet. On November 14, 2002, the Board of Adjustments reviewed the variance <br />and voted to forward the application to the City Council without a recommendation. Following the Board of <br />Adjustments meeting, the applicant revised his request to eliminate a rear yard setback variance. Staff <br />found that this change helped to address the concerns raised at the Board of Adjustments meeting. <br />Miron made motion, Granger seconded, to approve the variance of Leon Muellner to construct a 1,200 sq ft <br />accessory building, subject to the following five conditions: 1) building meet all setbacks; 2) building <br />exterior match the residence; 3) no additional accessory buildings or attached garage space be allowed; 4) <br />applicant combine his three parcels into one parcel; and 5) building not be used for business purposes. <br />All aye. Motion Carried. <br />WATER AND SEWER SYSTEM LIABILITY ORDINANCE <br />City Attorney Dave Snyder, along with Public Works Director Chris Petree, has drafted a revision to the <br />City's sewer and water ordinance whereby the specific responsibilities of property owners is spelled out <br />as to water main and sewer main breaks. The City's current ordinance is not specific as to who is <br />responsible should a water service break or a sanitary sewer line going up to a home break. <br />Miron made motion, Haas seconded, to adopt ORDINANCE 2002-366 AN ORDINANCE AMENDING <br />CHAPTER 314 GOVERNING REPAIRS TO SEWER AND WATER SYSTEMS WITHIN THE CITY.. <br />VOTING AYE: Granger, Haas, Puleo, Miron <br />Motion Carried. <br />The new ordinance states that the property owner is responsible for repair or maintenance of the sanitary <br />sewer and water lines from the mains in the street back to the home. <br />