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<br />. <br /> <br />. <br /> <br />. <br /> <br />Schl ueter . Abstain: Mayor Heitman. Absent: Councilmember Reimann. <br /> <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 /> <br />Mayor Heitman stated that Mr. Nieder deserves an an&Wer tonight and he is <br />willing to change his vote to see that Mr. Nieder does get an an&Wer. <br /> <br />Councilrnanber Cox suggested that Mayor Heitman just be accountable. <br /> <br />Mayor Heitman requested a recess and stated he would like to talk to <br />Councilrnanber Cox. <br /> <br />Councilrnanber Cox stated that he did not want to engage in a private meeting. <br /> <br />'!he Board of Adj ustment recessed at 8: 00 p.m. <br /> <br />Olair};erson Schlueter called the Board of Adjustment tack to order at 8:10 p.m. <br /> <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 />councilrnanbers present is required to pass a motion. <br /> <br />Motion ~ Mayor Heitman and seconded ~ Councilrnanber Sorteberg to approve Mr. <br />Peter Nieder's request for a Board of Adjustment variance, contingent upon Mr. <br />Nieder's entering into a developnent agreanent with the City of Ramsey. <br /> <br />Motion carried. Voting Yes: Mayor Heitman, Councilrnanbers Sorteberg and Cox. <br />Voting No: Chair};erson Schlueter. Absent: Councilrnanber Reimann. <br /> <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 pro};er 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 fran 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 pro};er procedure. <br /> <br />ADJOUBNMENT <br /> <br />Motion ~ Mayor Heitman and seconded ~ Councilrnanber Sorteberg to adjourn the <br />Board of Adjustment. <br /> <br />Motion carried. Voting Yes: Chair};erson Schlueter, Mayor Heitman, <br />Councilmembers Sorteberg and Cox. Voting No: None. Absent: Councilrnanber <br />Reimann. <br /> <br />The Board of Adjustment adjourned at 8:13 p.m. <br /> <br />Res};ectfully subnitted, <br /> <br />S~~~ <br />sylvia Frolik <br />Secretary <br /> <br />Lloyd G. Schnelle <br />August 13, 1985 City Administrator <br /> <br />Page 5 of 5 <br />