M E M O R A N D U M 05-170

TO: MAYOR HORNADAY AND HOMER CITY COUNCIL

FROM: MARY L. CALHOUN, CMC, CITY CLERK

DATE: OCTOBER 20, 2005

SUBJ: REQUEST FOR EXECUTIVE SESSION AS § 44.62.310(C)(1), MATTERS, THE IMMEDIATE KNOWLEDGE OF WHICH WOULD CLEARLY HAVE AN ADVERSE EFFECT UPON THE FINANCES OF THE GOVERNMENT UNIT AND ATTORNEY-CLIENT PRIVILEGE. (GRISWOLD VS. CITY OF HOMER, INITIATIVE ELECTION - TO LIMIT THE SIZE OF BUILDINGS USED PRIMARILY FOR RETAIL AND WHOLESALE BUSINESS IN THE CBD, GCI AND GCI 2 DISTRICTS TO 66,000 SQUARE FOOT OF FOOT PRINT AREA)

The City Attorney, Gordon Tans, through the City Manager, requested an Executive Session regarding Griswold vs. City of Homer, Initiative Election to limit the size of buildings used primarily for retail and wholesale business in the CBD, GCI AND GCI 2 Districts to 66,000 square foot of foot print area.

The City Manager requests that City Clerk, Mary Calhoun, be allowed to sit in on this Executive Session. City Attorney Tans has no objection.

This was added on Thursday, October 20, 2005 to the Special Meeting agenda providing sufficient time to meeting Special Agenda deadlines.

RECOMMENDATION:

Approve the above request for Executive Session and conduct after the Board of Adjustment Executive Session Deliberations in the Conference Room without coming back to Council Chambers before the conduct of this Executive Session so that Council may move from the Board of Adjustment Executive Session directly into this Executive Session.

Fiscal Note: Budgeted. City Attorney costs.