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LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 5, 1991 PAGE 5 <br />M/S/ Williams/Hunt - to introduce the following motion: <br />WHEREAS: On January 15, 1991, the Lake Elmo City Council in its <br />regular meeting duly passed a motion by majority vote of its members, <br />said motion appointing A. Bucheck, S. DeLapp and K. Johnston as <br />members of the Lake Elmo Planning Commission; and, <br />WHEREAS: David Johnson, Mayor of Lake Elmo, declared in a letter <br />to the Council received aproximately January 25, 1991, that he was <br />declaring the above cited motion null and void; and, <br />WHEREAS: Lake Elmo operates as a City of the fourth class and a <br />Plan B City, as defined in Section 412 of the Minnesota State <br />Statutes; and, <br />WHEREAS: the meetings of the Lake Elmo City Council are <br />conducted according to Robert's Rules of Order; and, <br />WHEREAS: no provision of said Minnesota Statutes, the Lake Elmo <br />City Code, or Robert's Rules of Order gives the Mayor the authority to <br />declare a duly -passed motion of the City Council null and void outside <br />of the meetings of that Council; <br />THEREFORE, BE IT RESOLVED: the above -cited action of David <br />Johnson, Mayor of Lake Elmo, was invalid, had no force of law, and <br />should be considered by all persons never to have been in effect. <br />Councilman Williams, with Councilman Hunt's second, stated he would. <br />withdraw his motion with the understanding that the next order of <br />business would, be passinq a motion reflecting the Mayor's withdrawal <br />of his letter. <br />Much discussion followed on proper wording for such a motion. The <br />following motion was made: <br />M/S/P Mottaz/Williams - to instruct the Mayor that in matters of <br />apparent conflict regarding Robert's.Rules of Order; that a special <br />meeting be called to resolve the conflict and that the council accept <br />the Mayor's statement that he withdraws his memo regarding the motion <br />passed on February 15th to reappoint members to the PZ. (Motion <br />carried 5-0). <br />M/S/P Mottaz/Dave Johnson - to call a 5 minute recess. (Motion carried <br />5-0). <br />Planning Commission Appointments: <br />Mayor Johnson declared January 15th motion to reappoint was null and <br />void for reasons being a conflict between these actions taken on <br />January 2nd to not reappoint, but to rather accept applications until <br />the January 31st for four positions on the PZ. Johnson stated, "the <br />conflict came into existence on 1/15 when the Council decided by <br />majority vote to reappoint members into the very same slots that <br />otherwise would have been filled b all applicants including those <br />that were applying for reappointment. <br />