Session 04-28, a Special Meeting of the Homer City Council was called to order at 5:35 p.m. by

Mayor James C. Hornaday at the Homer City Hall Council Chambers located at 491 E Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

PRESENT: COUNCILMEMBERS: McLAY, NOVAK, STARK, WYTHE, YOURKOWSKI.

STAFF: CITY MANAGER WREDE

CITY CLERK CALHOUN

FINANCE DIRECTOR BAUGH

CITY ATTORNEYS TANS AND KREGER (telephonically)

ABSENT: COUNCILMEMBER: BECK (excused)

Department Heads may be called upon from time to time to participate via teleconference.

AGENDA APPROVAL

(Addition of items to or removing items from the agenda will be by unanimous consent of the Council. HCC 1.24.040.)

The agenda was approved by consensus of the City Council with the addition of public comments.

PUBLIC COMMENTS.

Public comments upon agenda item only.

There were no public comments.

NEW BUSINESS

A. Memorandum 04-150, from City Clerk, Re: Request for Executive Session Pursuant to 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 for Attorney Client Privilege. (Update on Legal Matters).

Recommendation: Recommend approval (Request for Executive Session) and conduct immediately.

YOURKOWSKI/WYTHE - MOVED TO APPROVE MEMORANDUM 04-150 BYU READING OF TITLE.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Mayor recessed the Special Meeting to Executive Session in the City Hall Conference Room at 5:37 p.m., reconvening the Special Meeting at 6:27 p.m.

Mayor Pro Tempore Yourkowski reported that the Council met with the Attorneys telephonically and they updated the Council on the pending legal matters.

COMMENTS OF THE AUDIENCE

Audience comments upon any matter.

Sandy Stark stated that the Council is doing good.

COMMENTS OF THE CITY ATTORNEY

City Attorneys Tans and Kreger participated telephonically during Executive Session.

COMMENTS OF THE CITY CLERK

City Clerk Calhoun had no comment.

COMMENTS OF THE CITY MANAGER

City Manager Wrede had no comment.

COMMENTS OF THE MAYOR

Mayor Hornaday had no comment.

COMMENTS OF THE CITY COUNCIL

Councilmembers had no comments.

ADJOURNMENT

There being no further business to come before the Council during the Special Meeting, it was adjourned at 6:30 p.m. The December 13th Regular Meeting begins at 7 p.m. The next regular meeting is scheduled for January 10, 2005 at 7 p.m. and the next Committee of the Whole is scheduled for Monday, January 10, 2005 at 4 p.m. All meetings scheduled to be held in the Homer City Hall Council Chambers located at 491 E. Pioneer Avenue, Homer, Alaska.

MARY L. CALHOUN, CMC, CITY CLERK

Approved: _______________

City Clerk's Office, clerk@ci.homer.ak.us, 235-3130.