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City Council Work Session Meeting Monday, April 16, 2018 Page 15 Councilmember McGehee revisited three items previously discussed by the Council: • changing the Code to allow residents to put things on their curb for free for a week; • trapping; • the problem of next-door neighbors who dump snow on a neighbor's yard. Councilmember Willmus asked the City Attorney at what point do some of these items fall outside the purview of the Council and are instead considered property disputes. City Attorney Gaughan stated the overwhelming majority are private property disputes, unless the City wishes to pass an actual ordinance to govern the activities. Mayor Roe stated that is the challenge. The question is how to craft and enforce an ordi- nance to deal with a fairly small number of property owner disputes. That is the balance that must be struck. Councilmember McGehee stated there are ordinances on a lot of other things, such as res- idents cannot put snow into the right-of-way or into the street. 12. Closed Session a. City Manager Performance Review Mayor Roe stated that the City Manager is the only employee who reports to the City Council, and it is appropriate to have a performance review performed by the Council. Per Minnesota State Statutes Chapter 13.D.05, the Council can choose to close the session to conduct the performance review, and there has to be a sub- sequent report out on that review in an open session. It is also the City Manag- er's option to conduct the review in an open session. He asked City Manager Trudgeon if he would like to avail himself of that option. City Manager Trudgeon responded he would not like to conduct the performance review in an open session. Mayor Roe noted City Manager Trudgeon's response for the record. He also not- ed that the reporting out of the performance review will occur at the next City Council meeting. RECESS TO CLOSED EXECUTIVE SESSION Laliberte moved, Etten seconded, recessing the City Council meeting at approxi- mately 8:08 p.m. and convening in Closed Executive Session, per State Statute. Roll Call Ayes: Willmus, Laliberte, Etten, McGehee and Roe. Nays: None.