Session 05-33, an Emergency 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 Cowles Council Chambers located at 491 E Pioneer Avenue, Homer, Alaska, and opened with the Pledge of Allegiance.

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

STAFF: CITY CLERK CALHOUN

CITY MANAGER WREDE

CITY ATTORNEY TANS (telephonically)

ABSENT: COUNCILMEMBER: SHADLE (excused)

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

Council met as a Committee of the Whole from 4:00 to 5:29 p.m. Regarding 2006 Budget, Alaska Eagle Watch presentation, the Regular Agenda items particularly Resolution 05-113. Homer City Hall Cowles Council Chambers.

AGENDA APPROVAL

Council voiced no objections to the agenda.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

There were no public comments.

NEW BUSINESS

A. Memorandum 05‑181, 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, Settlement Offer.)

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

McLAY/WYTHE - SO MOVED TO APPROVE THE RECOMMENDATION OF MEMORANDUM 05-181, WHICH IS TO APPROVE THE ABOVE REQUEST FOR EXECUTIVE SESSION AND TO CONDUCT IT IMMEDIATELY IN THE CONFERENCE ROOM.

There was no discussion.

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

Motion carried.

Mayor Hornaday recessed the Emergency Meeting to Executive Session at 5:36 p.m. and called the

Emergency Meeting back to order at 6:33 p.m.

Mayor Pro Tempore McLay stated for the record that, AWe continued discussions of this issue with our Attorney and gave him a positional direction.@

COMMENTS OF THE AUDIENCE

There were no audience comments.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans participated telephonically during the Executive Session and was not present for the Emergency Meeting portion.

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 6:34.5 p.m. The Regular Meeting follows at 7 p.m. The next Regular Meeting is scheduled for Monday, December 12, 2005 at 7 p.m. and the next Committee of the Whole is scheduled for Monday, December 12, 2005 at 4 p.m. A Special Meeting is scheduled for Monday, December 5, 2005 at 7 p.m. and a possible Budget Worksession at 5:30 p.m. contingent upon the City Council=s decision. 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: ________________________________