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2) That the advice of counsel cannot be freely given or reasonable discussion had when the <br />opponent can listen at a public meeting; <br />3) That public dollars are at risk in the event sound decisions are not made; <br />4) That the City Attorney and City Council are in agreement that only the specific matter at <br />hand will be discussed at the closed meeting; <br />5) That absolute secrecy at this juncture of the litigation is necessary; and if the meeting is <br />held in public, the City risks having its trial strategy and defense positions made public <br />and known to the other side substantially putting at risk the City's defense of the case and <br />exposing the City to possible considerable monetary damages. <br />Motion by Councilmember Elvig, seconded by Acting Mayor wise to adopt the findings as <br />presented by the City Attorney. <br />Motion carried. Voting Yes: Acting Mayor Wise, Councilmembers Elvig, Backous, McGlone, <br />and Tossey. Voting No: None. Absent: Mayor Ramsey and Councilmember Strommen. <br />Motion by Councilmember Elvig, seconded by Acting Mayor Wise to close the meeting to the <br />public, based on the findings. <br />Motion carried. All present voted in favor. <br />The meeting was closed to the public at 5:37 p.m. <br />The meeting was opened back up to the public at 6:02 p.m. <br />3. ADJOURNMENT <br />Motion by Councilmember Tossey, seconded by Councilmember Backous, to adjourn the <br />meeting. <br />Motion carried. <br />The Special City Council Meeting was adjourned at 6:02 p.m. <br />Respectfully submitted, <br />Kurtis G. Ulrich <br />City Administrator <br />Special City Council Meeting / February 21, 2012 <br />Page 2 of 3 <br />