Session 04-21, a Special Meeting of the Homer City Council was called to order at 5:32 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.

Council met as a Committee of the Whole from 4:04 p.m. to 5:11 p.m. Re: Regular Meeting agenda Items.

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

STAFF: CITY MANAGER WREDE

CITY CLERK CALHOUN

ATTORNEY KREGER (telephonically)

ABSENT: COUNCILMEMBER: LADD (resigned)

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.

PUBLIC COMMENTS UPON MATTERS ALREADY ON THE AGENDA

Public comments upon Executive Session only.

There were no public comments.

NEW BUSINESS

A. Memorandum 04-137, 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. (Hurlen Lawsuit - Pioneer Dock Project) Recommend approval and conduct immediately.

Recommendation: Approval and conduct immediately.

FENSKE/YOURKOWSKI - MOVED FOR THE APPROVAL OF THE RECOMMENDATION OF MEMORANDUM 04-137.

There was no discussion.

VOTE: YES: NON OBJECTION. UNANIMOUS CONSENT.

Motion carried.

Mayor Cushing recessed the Special meeting to Executive Session at 5:35 p.m. reconvening the Special Meeting at 6:29 p.m.

Councilmember Fenske stated that the Council just completed an Executive Session having to do with the Hurlen Lawsuit on the Pioneer Dock Project. He advised that Mike Kreger with Perkins Coie gave a report of the negotiations, which took place this past weekend in Seattle. He reported that the Council gave advise to their Attorney and that no further action was taken.

COMMENTS OF THE AUDIENCE

Audience comments upon any matter.

There were no audience comments.

COMMENTS OF THE CITY ATTORNEY

City Attorney Tans was not present. Attorney Kreger participated telephonically during Executive Session.

COMMENTS OF THE CITY CLERK

City Clerk had no comment.

COMMENTS OF THE CITY MANAGER

City Manager had no comment.

COMMENTS OF THE MAYOR

Mayor Cushing had no comment.

COMMENTS OF THE CITY COUNCIL

Councilmember Stark inquired if the Executive Session went on the record someway or other and was advised that it did through the statement.

ADJOURNMENT

There being no further business to come before the Council the meeting was adjourned at 6:30 p.m.

The next Regular Meeting is tonight, September 27, 2004 at 7 p.m. The next Committee of the Whole meeting is scheduled for Monday, October 11, 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: _______________

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