Session 04-14, a Special Meeting of the Homer City Council was called to order at 5:41 p.m. by Mayor Jack Cushing at the Homer City Hall Council Chambers located at 491 E Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

Committee of the Whole was held from 4:02 to 5:30 p.m. regarding the Regular Agenda Items.

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

STAFF: CITY MANAGER WREDE

CITY CLERK CALHOUN

CITY ATTORNEY TANS

CITY ATTORNEY KREGER (telephonically)

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 Council.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

There were no public comments.

NEW BUSINESS

A. Memorandum 04-97, 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. (Hurlen Claim (Pioneer Dock) and Ocean Drive Loop Bluff Erosion Control Project. (Seawall)).

Recommendation: Approve the request for Executive Session and conduct immediately.

FENSKE/BECK - MOVED FOR THE APPROVAL OF THE RECOMMENDATIONS AS READ OF MEMORANDUM 04-97.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Mayor Cushing recessed the Special Meeting to executive session at 5:43 p.m. and reconvened the Special Meeting at 7:00 p.m.

Statement for the record, by Councilmember Fenske: The Council met in Executive Session with Attorney Mike Kreger of Perkins Coie and Gordon Tans, received a report, analysis and advice on the Hurlen Litigation and gave direction to the Attorneys. The second part of the meeting the Council received the Attorneys advice and assessment of the recent correspondence from Seawall LID property owners' attorney and no action was taken there.

COMMENTS OF THE AUDIENCE

Audience comments upon any matter.

There were no audience comments.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans had no comment.

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 Cushing had no comment.

COMMENTS OF THE CITY COUNCIL

City Council had no comment.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 7:02 p.m. The Regular Meeting follows. 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.