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City of Gera Lake ' City Council Meeting — February 19, 2019 Meeting Minutes Acting Mayo r.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. Lem mons, residents Paul Emeott and Pete Oswald. Februar y 19 2019 Agenda A motion was made by Councilmember Lindner to change the City Attorney to Chad Lem mons on the agenda and with. that change CouncilmemberLindner made a motion to approve the agenda, seconded by Councilmern ber Cac€oppo, motion passed. Agenda approved. M€nutes A motion was made by Councilmember Linciner,..seconded by Councilmember Cac€oppo to approve the January 15, 2019, City Council minutes. Motion passes, minutes approved. Committee Reports None Newsletter Ruth Line article to be written by Councibember Lindner, HyVee update, Gem Lake Villas, false alarm article. New Business Fritz Magnuson Decision .— Attornev Lemmons Discussion took place In regard to OutlotA which located within the Villas of Gem Lake. The following .statement was taken from the. correspondence from Attorney Patrick €telly 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 Gutlot A was dedicated as a drainage and utility easement. When OutlotA was deeded to the City, the City took title as trustee. for the benefit of the pub I1c. As trustee it lacks the power to divert the €and from the use intended by the original dedication. To convey any portion of Gutlot 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 dead [in e 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? Counci€ suggested Mr: Emeott attend the public meeting that will be held on Thursday,. February 21, 2019, fora response to his question, 012en Items for the Councilmembersto bring u 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 thatthe 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 City of Gem Lake. City Council meeting minutes February.19, 2019 Page 1