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Regular City Council Meeting <br /> Monday, October 10,2011 <br /> Page 35 <br /> sands of dollars more. Mr. Miller clarified that his only urgency in this recom- <br /> mendation and that of bond counsel was to allow the City to capitalize on this op- <br /> portunity. <br /> John Kysylyczyn,3083 N Victoria Street <br /> Mr. Kysylyczyn provided a bench handout, attached hereto and made a part he- <br /> reof; representing his research on data practices in Minnesota State Statutes, <br /> Chapters 469.048 — 469.068. Mr. Kysylyczyn questioned if anyone had actually <br /> read the Statute on the powers and authority of a Port Authority, with Mayor Roe <br /> and Councilmember McGehee indicating that they had done so. While he rea- <br /> lized that a legal opinion was pending as Mr. Miller had indicated, and of which <br /> he had requested a copy, Mr. Kysylyczyn expressed his concern in using that le- <br /> gal opinion depending on other examples and case law. Mr. Kysylyczyn refe- <br /> renced page 62 of his handout, other cities having Port Authority powers (Rose- <br /> ville, Albert Lea, St. Paul, Minneapolis, and Duluth), and questioned whether <br /> those powers were being "cherry picked" and taken out of context or being used <br /> indiscriminately. In referencing pages 54 and 59 of the handout, Mr. Kysylyczyn <br /> noted that it discussed the powers, duties and acquisition of property for railroad, <br /> trucking and for establishing port facilities. What was being proposed in Rose- <br /> ville, Mr. Kysylyczyn opined had nothing to do with those stipulations; and fur- <br /> ther opined that the Port Authority had originally been established in Roseville as <br /> a tool for development of the Twin Lakes area in 1987 when the majority of the <br /> area was a trucking terminal, and allowing powers to condemn those properties. <br /> Mr. Kysylyczyn opined that to use a portion rather than the entire chapter defied <br /> logic. <br /> b. City Manager Evaluation Format <br /> Mayor Roe asked City Manager Malinen if he had time to review the draft City <br /> Manager Evaluation Format, with City Manager Malinen responding that he had <br /> not had sufficient time to participate in any constructive discussion at this point. <br /> Councilmember McGehee expressed frustration in the delay of City Manager Ma- <br /> linen in reviewing the document. <br /> City Manager Malinen stated, based on his understanding of previous City Coun- <br /> cil discussions that the existing evaluation format was to be used for 2011; with <br /> this document intended for future use after additional discussion and revision; <br /> which made his review of the document at this time rather premature. <br /> Mayor Roe concurred with City Manager Malinen's recollection; with the Coun- <br /> cil as a body seeking to review and refine the City Manager's evaluation process <br /> in the future, but to evaluate him with the current process for the nine (9) months <br /> of 2011, and use a fifteen (15) month review of the remainder of 2011 with 2012, <br /> with those refinements, for future evaluations. <br /> • <br />