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City Council Minutes <br />October 6, 2009 <br />Page 5 of 12 <br />Tom Ryan questioned the definition of reimbursable cost. Paul Tucci from <br />Oppidan responded. <br />The following letters in opposition of the request were received and <br />entered into the official Council record: <br />• Brian and Kristin Larsen <br />• Ryan Buell <br />COUNCIL MEMBER MALECHA MOVED TO ADOPT RESOLUTION 09- <br />30 APPROVING PROPERTY TAX ABATEMENTS AND AUTHORIZING <br />EXECUTION OF A TAX ABATEMENT AGREEMENT. MAYOR ADAMS <br />SECONDED THE MOTION. MOTION CARRIED 3 -2. COUNCIL <br />MEMBER MALECHA, COUNCIL MEMBER SJOBLAD AND MAYOR <br />ADAMS VOTING AYE. COUNCIL MEMBER NAGEL AND COUNCIL <br />MEMBER RYAN VOTING NAY. <br />5.2. Request for Road Vacation by Justin Bolz - Andolshek Public Hearing <br />City Attorney Paul Sandelin explained that the City has received a petition <br />to vacate portions of First and Second Streets. <br />Mr. Sandelin addressed the First Street Vacation — He stated that it has <br />been determined that the City has acquired an interest in the lots on the <br />east side of the Street through a deed from MnDOT. Because of this the <br />petitioner does not have a majority of the property owners on the petition <br />to vacate First Street. Mr. Sandelin indicated that unless the City is <br />interested in joining the petition, the Council would be unable to act on this <br />request. <br />Mr. Sandelin addressed the Second Street Vacation. He noted that in this <br />instance there is a majority of the property owners signing the petition and <br />that the Council would be able to act on this request if the standards for a <br />road vacation are met. <br />Council Member Nagel stated that First Street continues south along <br />SuperAmerica and questioned how important it would be to secure <br />SuperAmerica's agreement on this vacation. Paul Sandelin stated that if <br />the City wants to consider vacating that section of First Street and possibly <br />the section of Second Street to the South over to Butler, it would require a <br />separate public hearing. He further stated that either the property owner <br />would have to petition the City or the City could pursue this on its own. <br />`-- Justin Bolz - Andolshek indicated that he is requesting the road vacations <br />so that he would be able to expand his building and to close and improve <br />