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City of Gem Lake City Council meeting minutes February 19, 2019 Page 1 City of Gem Lake City Council Meeting – February 19, 2019 Meeting Minutes Acting Mayor Artig-Swomley called the meeting to order at 7:00 p.m. Councilmembers Cacioppo, Lindner and Kuny were present. Mayor Uzpen was absent (excused). Others in attendance: City Attorney Chad Lemmons, residents Paul Emeott and Pete Oswald. February 19, 2019, Agenda A motion was made by Councilmember Lindner to change the City Attorney to Chad Lemmons on the agenda and with that change Councilmember Lindner made a motion to approve the agenda, seconded by Councilmember Cacioppo, motion passed. Agenda approved. Minutes A motion was made by Councilmember Lindner, seconded by Councilmember Cacioppo to approve the January 15, 2019, City Council minutes. Motion passes, minutes approved. Committee Reports None Newsletter Rush Line article to be written by Councilmember Lindner, HyVee update, Gem Lake Villas, false alarm article. New Business Fritz Magnuson Decision – Attorney Lemmons Discussion took place in regard to Outlot A which located within the Villas of Gem Lake. The following statement was taken from the correspondence from Attorney Patrick Kelly to the Mayor and City Council members on February 14, 2019. “The plat of Villas of Gem Lake contains language which dedicates to the public, easements for drainage and utility. All of Outlot A was dedicated as a drainage and utility easement. When Outlot A was deeded to the City, the City took title as trustee for the benefit of the public. As trustee it lacks the power to divert the land from the uses intended by the original dedication. To convey any portion of Outlot A to a private party would be such a diversion and therefor invalid.” A brief discussion ensued in regard to the sixty day rule for the Villas of Gem Lake, who was responsible for the deadline of the sixty day rule, boundaries and elevations. Presentations from the Public Paul Emeott, question about the TCE plume from Water Gremlin settling on wetlands, will that go into the well water of residents of Gem Lake? Council suggested Mr. Emeott attend the public meeting that will be held on Thursday, February 21, 2019, for a response to his question. Open Items for the Councilmembers to bring up Councilmember Artig-Swomley, workshop on development process, what is the status of 4140 Otter Lake Road, failing septic property? Attorney Lemmons response: 4140 Otter Lake Road, failing septic property owners were under the impression that the assessment part of the bill to hook up to the manhole on Scheuneman Road could be assessed to the property. (The assessment in question was the