Session 05-31, a Special Meeting of the Homer City Council was called to order at 5:30 p.m. by Mayor James C. Hornaday at the Homer City Hall Cowles Council Chambers located at 491 E Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

PRESENT: COUNCILMEMBERS: HEIMBUCH, McLAY, NOVAK, SHADLE, STARK, WYTHE.

STAFF: CITY CLERK CALHOUN

CITY MANAGER WREDE

CITY ATTORNEY TANS AND KREGER (telephonically)

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

The Council met as a Committee of the Whole from 4 p.m. to 5:08 p.m.

AGENDA APPROVAL

The agenda was approved by consensus of the City Council.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public comments on the Executive Session only.

There were no public comments.

NEW BUSINESS

A. Memorandum 05-171, from City Clerk, Re: 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. (Ocean Drive Loop Bluff Erosion Control Project Litigation, aka, Seawall and Hurlen Claim - Pioneer Dock Project.)

Recommendation: Approve the above request for Executive Session and conduct immediately in the Conference Room.

Mayor called for a motion to approve the recommendation of Memorandum 05-171, as stated in the italics.

McLAY/NOVAK - SO MOVE.

There was no discussion.

VOTE: YES: McLAY, WYTHE, SHADLE, STARK, NOVAK, HEIMBUCH.

Motion carried.

Mayor recessed the Special Meeting at 5:32 p.m. to go into Executive Session and called the Special Meeting back to order at 6:23 p.m.

Mayor Pro Tempore McLay stated that the Council was brought up to date on these two issues by the City Attorneys and that they are waiting for further progress and reports. .

COMMENTS OF THE AUDIENCE

Audience may comment on any matter.

There were no audience comments.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans and Kreger participated telephonically during the 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, Mayor Hornaday adjourned the meeting at 6:24 p.m. The Regular Meeting follows at 7 p.m. The next Regular Meeting is scheduled for Monday, November 28, 2005 at 7 p.m. and the next Committee of the Whole is scheduled for Monday, November 28, 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: ___________________