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Mayor Hunt advised the Council they were not giving a performance evaluation of an individual because that individual has the right to be here. Hunt said Ms. Kueffner has asked for a hearing, which was scheduled for tonight, and should be able to pick an alternate time. He said at this time he was not prepared to bring back Mary Kueffner and his reasons for her discharge has not changed. M/S/F Dunn/Johnston - to immediately reinstate Mary Kueffner as a full time employee as a Special Projects coordinator at the present salary. (Motion failed 2-3:Siedow, Hunt, DeLapp) Council member Siedow suggested extending Ms. Kueffner's Paid Leave of Absence and offer her a termination package. M/S/P Johnston/Dunn — to extend Mary Kueffner's Paid Leave of Absence to one week beyond when the Madden report is received, but no later than April 161h. (Motion passed 5-0) Mayor Hunt read a letter from Gary and Margaret Carlson in support for Mary Kueffner's reinstatement as City Administrator. M/S/P Siedow/Dunn — to direct the city attorney to discuss with Mary Kueffner a separation package or discuss with her the option as to her interest in a position with the City other than City Administrator and to invite her to the April 151 meeting to discuss the possible options raised. (Motion passed 5-0). Acting Administrator Dillerud asked that Ms. Kueffner may like this date as her hearing which he will relate to her. Council member DeLapp stated although he supports the termination of the two employees who filed whistle blower lawsuits against Lake Elmo, he is not sure that some of the issues raised by these employees are not true. He said he has talked to staff members and they are not excited about this prospect of Ms. Kueffner coming back to work and is concerned about loosing good people. 4. RECO — Request for Extension of Preliminary Plat Approval Acting Administrator Dillerud distributed a letter to the Council from Mr. Regan's attorney, Christopher Dietzen, regarding Reco's request for extension to apply for Final Plat approval. Attorney Dietzen indicated because the ordinance relied upon by the City is invalid; he demands that Reco's requested extension be granted as required by law. He states that City staff contends that if Reco does not apply for final plat approval April 1, 2002, preliminary plat approval was granted on October 1, 2002, its preliminary plat will be void. City staff further states that the City may then rezone the property to prevent Reco's development. Attorney Dietzen believes the city's ordinance conflicts with and is contrary to Minnesota's statute governing subdivision platting. LAKE ELMO SPECIAL COUNCIL MINUTES MARCH 27, 2003