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