Session 04-16, an Emergency Meeting of the Homer City Council was called to order at 1:30 p.m. by Mayor Jack Cushing at the Homer City Hall Council Chambers located at 491 E Pioneer Avenue, Homer, Alaska.

PRESENT: COUNCILMEMBERS: BECK, NOVAK, STARK, YOURKOWSKI.

STAFF: CITY MANAGER WREDE

CITY CLERK CALHOUN

CITY ATTORNEY TANS (telephonically)

ABSENT: COUNCILMEMBER: FENSKE, LADD (excused)

AGENDA APPROVAL

The agenda was approved by consensus of the City Council.

PUBLIC COMMENTS UPON ITEMS ON THE AGENDA

Public comments upon matters on the agenda only.

There were no public comments.

NEW BUSINESS

A. Memorandum 04-99, from City Clerk, Re: Request for Executive Session Pursuant to AS44.62.310(C)(1), Matters, the Immediate Knowledge of which would Clearly Have an Adverse Effect upon the Finances of the Government Unit. (Frank Griswold v. City of Homer.)

City Manager Wrede, with concurrence of Mayor Cushing, and in conference with the City Attorney, request an Executive Session with the Council to consult with the City Attorney, Gordon Tans, regarding the recently filed "Complaint for Declaratory and Injunctive Relief" against the City of Homer by and through Peter Ehrhardt, Attorney, for Frank Griswold. Case No. 3HO-04-132 CI.

City Attorney, Gordon Tans, will be participating telephonically.

RECOMMENDATION: Approve the request for Executive Session and conduct immediately

STARK/BECK - MOVED FOR THE APPROVAL OF THE RECOMMENDATIONS OF MEMORANDUM 04-99.

Councilmember Yourkowski questioned the reason for Executive Session and if it is more for Attorney input regarding a Legal matter.

Mayor Cushing asked if Councilmember Yourkowski would like to have "/Legal Matter" added to the reason for the Executive Session.

Councilmember Yourkowski affirmed.

There were no objections expressed by the rest of the Councilmembers and this will be added by the City Clerk.

Mayor Cushing recessed the Emergency Meeting to Executive Session at 1:34 p.m. and reconvened the Emergency Meeting at 2:47 p.m.

Councilmember Yourkowski stated for the record: "The statement: We met in Executive Session with the City's Attorney regarding Griswold complaint against the City and gave him direction regarding the City's response on all points entered in the complaint.

Mayor Cushing asked for the official title from the City Clerk, who responded, "Complaint for Declaratory and Injunctive Relief".

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 2:48 p.m. The next Regular Meeting is scheduled for Monday, July 26, 2004 at 7 p.m. The next Committee of the Whole meeting is scheduled for Monday, July 26, 2004 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: _______________

clerk@ci.homer.ak.us, 235-3130, home number 235-2843.