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Schlueter. Abstain: Mayor Heitman. Absent: Councilmember Reiman. <br />City Attorney stated that he would have to verify whether two ayes, one naye <br />and an abstain constitute a passed or failed motion. <br />Mayor Heitman stated that Mr. Nieder deserves an answer tonight and he is <br />willing to change his vote to see that Mr. Nieder does get an answer. <br />CDuncilmember Oox suggested that Mayor Heitman just be accountable. <br />Mayor Heitman requested a recess and stated he would like to talk to <br />Oouncilmenber Cox. <br />Councilmember Cox stated that he did not want to engage in a private meeting. <br />' The Board of Adjustment recessed at 8:00 p.m. <br />Chairperson Schlueter called the Board of Adjustment back to order at 8:10 p.m. <br />City Attorney Goodrich stated that during recess he has determined that the <br />' motion to approve Mr. Nieder's request did fail; a majority vote of the <br />councilmembers present is required to pass a motion. <br />Notion by Mayor Heitman and seconded by Councilmenber Sorteberg to approve Mr. <br />' Peter Nieder's request for a Board of Adjustment variance, contingent upon Mr. <br />Nieder's entering into a development agreement with the City of Ramsey. <br />' Motion carried. Voting Yes: Mayor Heitman, Cbuncilmenbers Sorteberg and Cox. <br />Voting No: Chairperson Schlueter. Absent: Councilmember Reiman. <br />' Mayor Heitman stated that he originally chose to abstain regarding Mr. Nieder's <br />request for a variance because there is a situation where accessory buildings <br />have been constructed in the neighborhood without going through proper channels <br />and obtaining a variance; if there are City ordinances in place, they should be <br />' enforced and if not, they should be removed from the books. Mayor Heitman <br />stated he is changing his vote on the issue because Mr. Nieder has serious <br />intentions and has gone through the proper procedure. <br />' AWOURNMENP <br />Motion by Mayor Heitman and seconded by Councilmenber Sorteberg to adjourn the <br />Board of Adjustment. <br />Motion carried. Voting Yes: Chairperson Schlueter, Mayor Heitman, <br />' Councilmanbers Sorteberg and Cox. Voting No: None. Absent: Councilmenber <br />Reiman. <br />The Board of Adjustment adjourned at 8:13 p.m. <br />Respectfully submitted, <br />Sylvia Frolik Lloyd G. Schnelle <br />secretary August 13, 1985 City Administrator <br />' Page 5 of 5 <br />