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Special Council Meeting <br />9-9-02 <br />Page 5 <br />Mr. Hanculak said you can move to modify the proposal-a second motion. <br />Mayor Rinker said first it would be to modify the conditions that are being addressed. If that <br />meets with approval, then it would be now to approve as modified. But as a modification, it has <br />to be 5 votes affirming. The actual motion would be a majority just to create the modified <br />item. Then moving on modification has to be by ordinance-2/3 majority. <br />Council President Buckholtz asked, so we never really comment on Board of Appeals' decision? <br />Council President Buckholtz said I am looking for a motion to modify... <br />Mr. Marquardt said I don't understand why you need atwo-step process for modification. <br />Council President Buckholtz said I just want it to be clear what we are doing because it's two <br />different majorities-it's a simple majority or... <br />Dr. Parker said I think what Mr. Marquardt is getting at is to vote either to uphold their decision <br />with modifications or to deny their decision with modifications. Is that correct? <br />Mr. Marquardt said you are voting to grant a variance which is the bottom line. It's different <br />than the variance as it was originally proposed but it is modification of what was proposed but <br />we still voting to grant a variance. <br />Council President Buckholtz said the applicant was denied by the Board of Appeals. His right is <br />to come before Council and ask for us to override or accept that opinion. We have asked him to <br />modify that plan. He has modified that plan. So, it is our obligation to somehow respond to the <br />Board of Appeals' decision.... <br />Mr. Hanculak said here are your options. You have 3 options: (1) to affirm; (2) to modify the <br />variance and vote to either accept that modification for denial or (3) to reverse the decision of the <br />Board of Appeals. <br />Council President Buckholtz restated the motions: accept, deny or modify. <br />Mr. Hanculak said correct. <br />Council President Buckholtz requested a motion to accept the variance as modified. (He asked <br />Mr. Hanculak to state the motion.) <br />Mr. Hanculak said I can't because it depends what you want to do or what that individual <br />movement wants to do. You could disregard entirely any modifications from the applicant <br />placed upon the variance and merely affirm the denial of the Board of Appeals. That is one <br />option. If, in fact, you (the movement) want to take into consideration the modification, you can <br />do so and then couch that motion accordingly. If you just want to reverse the decision of the <br />