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HomeMy WebLinkAbout2008-09-17 Council MinutesAGENDA KENAI CITY COUNCIL -REGULAR MEETING sEPTEMBER17,2o®s °~:oo P.M. KENAI CITY COUNCIL CHAMBERS http:l /www.ci.kenai.ak.us ITEM A: CALL TO ORDER Pledge of Allegiance Roll Call 3. Agenda Approval 4. Consent Agenda '`All items listed with an asterisk ('`) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. STEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. D'Anna Gibson and Brad Nyqusst -- KCHS Nordic Ski Team. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCIL5 ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule. (Clerk's Note: At the June 4, 2008 council meeting, Ordinance No. 2314-2008 was postponed to August 6, 2008. At the August 6, 2008 meeting, the ordinance was postponed to the September 3, 2008 meeting. At the September 3, 2008 meeting, the ordinance was postponed to September 17, 2008. The motion to approve is actiue.J a. Substitute Ordinance No. 2314-2008 -- amending KMC 23.55.020 Providing for the Addition of Steps DD and EE to the City of Kenai Salary Schedule. 2. Ordinance No. 2343-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Dune Rehabilitation 8v Conservation Capital Project Fund for Dune Rehabilitation, Signage and Fencing. 3. 'Ordinance No. 2344-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Tidal Marsh Rehabilitation & Conservation Capital Project Fund for Tidal Marsh Rehabilitation. 4. Ordinance No. 2345-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Soccer Park Capital Project Fund for a Soccer Park Maintenance Building. 5. Ordinance No. 2346-2008-- Increasing Estimated Revenues and Appropriations by $73,030 in the Dune Rehabilitation i~ Conservation Capital Project Fund for Construction of Elevated Walkways and Fencing. 6. Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Secfion KMC 1.15.040 Entitled, Agenda and Packet -Development-Preparation-Distribution- Publieation-Late Materials. a. Substitute Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet Development-Preparation-Distribution-Publication-Late Materials. 7. Ordinance No. 2349-2008 -- Amending the Kenai Zoning Code at KMC 14.20.180 to Prevent the Same or Substantially Similar Variance Permit Applications From Being Considered by the Planning 8v Zoning Commission More Than Once in Any Nine Month Period. Resolution No. 2008-54 -- Establishing the Lower River Drift Boat Pull- out as the Highest City of Kenai Priority for Capital Improvement Funding for Fiscal Year 2009 and 2010. (Clerk's Note: At the August 20, 2008 council meeting, Resolution No. 2008-54 received a motion to approve, a motion to amend, and then was tabled to September 17, 2008. The motions to approve and amend are active. a. Substitute Resolution No. 2008-54 -- Requesting the State of Alaska Establish the Lower Kenai River Drift Boat Pull-Out Project as a High Priority for State and Federal Funding. Resolution No. 2008-55 -- Supporting the Creation of a U.S. Department of Peace. (Clerk's Note: At the September 3, 2008 council meeting, Resolution No. 2008-55 was postponed with no time certain.) a. Substitute Resolution No. 2008-55 -- Supporting the Concept of Peace Both in the World and Locally. 10. Resolution No. 2008-58 -- Rescinding and Replacing the City of Kenai Retention Schedule. ITEM F: MYNUTES 1. *Regular Meeting of September 3, 2008. ITEM G: ITEM H: 1. Bills to be Ratified 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 2350-2008 -- Amending Estimated Revenues and Appropriations by $14,211 in the Senior Fund for Various Program Services. 4. Approval -- October 7, 2008 City of Kenai General Election/Election Board Members. 5. Discussion/Approval -- City Manager Contract. ITEM I: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. ,Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning 8s Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Mini-Grant Steering Committee ITEM J: REPORT OF THE MAYOR ITEM I~: 1. City Manager 2. Attorney 3. City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council dTEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.) Resolution.No. 2008-47 -- Terminating the Project Entitled "Ames Road South LID Special Assessment District." (Clerk's Note: At the August 6, 2008 council meeting, Resolution No. 2008-47 was substituted and postponed to September 3, 2008. At the September 3, 2008 council meeting, Resolution No. 2008-47 was postponed to October I5, 2008. The motion to approve is active.) EXECUTIVE SESSION -- None Scheduled ITEM N: ADJOURNMENT KENAI CITY COUNCIL -REGULAR MEET%NG SEPTEMBER I?,2®OS 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us MAYOR PAT PORTER, PRESIDING MINUTES YTEM A: CALL TO ORDER Mayor Porter called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Porter led those assembled in the Pledge of Allegiance. A-2. ROLL CALL The City Clerk took roll. Present were: Pat Porter Mayor Linda Swarner, Vice Ma or Hal Smalley ', Barry Eldridge Rick Ross i Bob Molloy ', Mike Boyle A quorum was present. Also present: Maya Johnson, Student Representative A-3. AGENDA APPROVAL Mayor Porter noted a request to add an executive session on a personnel matter to the agenda. MOTION: Council Member Smalley MOVED for approval of the agenda with the requested amendment and requested UNAN%MOUS CONSENT. Council Member Eldridge SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA MOTION: Council Member Eldridge MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2008 PAGE 2 B-1. D'Anna Gibson and Brad Nyquist -- KCHS Nordic Ski Team. Ms. Gibson stated she and Brad Nyquist were coaches for the KCHS Nordic Ski Team and gave a slide show presentation of the team's beach clean-up efforts during the dip net fishery. Gibson thanked the council for the opportunity and stated their desire to do the clean-up again during 2009. Gibson and Nyquist were advised to contact City Manager Koch in that regard. ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) C-1. Natasha Ala, Executive Director, Kenai Convention & Visitor Bureau Ala gave an update on the proposed guide to Kenai and distributed a sample of the Kenai information they hoped to include. City Manager Koch reported he would be meeting with Ala during the next week to discuss costs, etc. and include the issue as a discussion item for the next council meeting. C-2. Robert Ruffner, Executive Director, Kenai Watershed Forum Ruffner gave a brief update on the hydrocarbons in the Kenai River and noted, it appeared the problem had been largely solved because the user groups came together and agreed on a solution and thanked the Council and administration for participating in the effort. Ruffner also gave a brief update on the placement of the culvert along the dock road, noting the main heavy equipment work had been completed in June and the birding platform placement would be completed in the next couple of weeks. ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCILS -- None. ITEM E: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker.) E-l. Ordinance No. 2314-2008 -- Enacting KMC 23.55.080 Providing for Longevity Pay of Two Percent (2%) for Certain Employees in Step CC in the City of Kenai Salary Schedule. (Clerk's Note: At the June 4, 2008 council meeting, Ordinance No. 2314-2008 was postponed to August 6, 2008. At the August 6, 2008 meeting, the ordinance was postponed to the September 3, 2008 meeting. At the September 3, 2008 meeting, the ordinance was postponed to September 17, 2008. The motion to approve is active.) MOTION: KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2008 PAGE 3 Council Member Smalley MOVED for adoption of Ordinance No. 2314-2008 and Council Member Boyle SECONDED the motion. E-la. Substitute Ordinance No. 2314-2008 -- amending KMC 23.55.020 Providing for the Addition of Steps DD and EE to the City of Kenai Salary Schedule. MOTION: Council Member Ross MOVED to amend by moving the Substitute Ordinance No. 2314-2008 and Council Member Eldridge SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. Council comments included: • Objections to the substitute (with the original ordinance, the initial cost would be less than the substitute; PERS would not be impacted; the market salary range would not be increased; a rate was already established to calculate a salary; two percent (2%) a year after the second year would be more fair than 2.5% after five years; it would not add steps to the salary schedule). • Support of the substitute (disagreement with giving bonuses in government employment; the original ordinance would not fit the present pay plan; and, the substitute would keep within the current performance plan). VOTE ON AMENDMENT: *Student Representative Johnson: Yes Porter ~ Yes Swarner No Smalley No i Eldridge TYes ~ Ross ~ Yes . _ Molloy No ~ Boyle No T ~ ~ ~ ~ MOTION FAILED. VOTE ON MAYN MOTION: *Student Representative Johnson: Yes Porter No Swarner :Yes Smalley Yes Eldridge No Ross ~ No Molloy Yes Boyle ;Yes ' MOTION PASSED. KENAI CITY. COUNCIL MEETING SEPTEMBER 17, 2008 PAGE 4 E-2. Ordinance No. 2343-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Dune Rehabilitation & Conservation Capital Project Fund for Dune Rehabilitation, Signage and Fencing. MOTION: Council Member Swarner MOVED for approval of Ordinance No. 2343-2008 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Yes Porter Yes Swarner Yes ~ Smalley ~ Yes Eldridge Yes J Ross Yes Molloy Yes Boyle ~ Yes MOTION PASSED UNANIMOUSLY. E-3. Ordinance No. 2344-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Tidal Marsh Rehabilitation & Conservation Capital Project Fund for Tidal Marsh Rehabilitation. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2344-2008 and Council Member Swarner SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. There were no council comments. VOTE: "Student Representative Johnson: Yes Porter Yes Swarner Yes Srnalle Yes Eldrid e Yes Ross Yes Molloy Yes Boyle Yes KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2008 PAGE 5 MOTION PASSED UNANIMOUSLY. E-4. Ordinance No. 2345-2008 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Soccer Park Capital Project Fund for a Soccer Park Maintenance Building. MOTION: Council Member Eldridge MOVED for adoption of Ordinance No. 2345-2008 and Council Member Swarner SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Yes Porter Yes Swarner Yes Smalley Yes Eldridge Yes Ross Yes Molloy Yes Boyle ~ Yes MOTION PASSED UNANIMOUSLY. E-5. Ordinance No. 2346-2008-- Increasing Estimated Revenues and Appropriations by $73,030 in the Dune Rehabilitation Sv Conservation Capital Project Fund for Construction of Elevated Walkways and Fencing. MOTION: Council Member Molloy MOVED to enact Ordinance No. 2346-2008 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Yes Porter ~~ Yes i Swarner Yes Smalley ~ Yes Eldridge Yes Ross ~ Yes ~ Molloy ~ Yes Boyle Yes KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2008 PAGE 6 MOTION PASSED UNANIMOUSLY. E-6. Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet -Development-Preparation-Distribution- Publication-Late Materials. E-6a. Substitute Ordinance No. 2347-2008 -- Repealing the Existing KMC 1.15.040 and KMC 1.15.050(c) Regarding Preparation, Distribution and Publication of the Agenda and Replacing Them with a New Section KMC 1.15.040 Entitled, Agenda and Packet -Development-Preparation- Distribution-Publication-Late Materials. MOTION: Council Member Molloy MOVED to enact Substitute Ordinance No. 2347-2008 and Council Member Boyle SECONDED the motion. The floor was opened for public hearing. Kellie Kelso, 117 Walker Lane, Kenai -- Kelso spoke in support of Substitute Ordinance No. 2347-2008, noting the amendments would allow the public more time to speak to the ordinance. There being no further public comments, the public hearing was closed. Council comments included: • The theme of the ordinance was to improve the process by offering more time for public to participate with changes to when the packet would be prepared, electronically available, and the newspaper advertisement placed earlier; would codify the procedure instead of having unwritten policies; and, codifies the ability for the mayor or council members to sponsor items. • Concerns with codifying procedures and procedures could be placed on the city website to assist the public. • Would prefer a work session to review each item. • The shortness between meetings and preparation of the next agenda would shorten the time available for staff to investigate, prepare, etc. for the next council meeting. MOTION TO POSTPONE: KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2008 PAGE 7 Council Member Smalley MOVED to postpone Ordinance No. 2347-2008 and set a work session for 5:30, October 15, 2008. Council Member Swarner SECONDED the motion. VOTE ON MOTION TO POSTPONE: *Student Representative Johnson: Yes Porter Yes Swarner Yes Smalley Yes Eldridge ~ Yes Ross Yes ~ y ~ Yes Boyle ( ~ Yes ~_ MOT%ON PASSED UNANIMOUSLY. E-7. Ordinance No. 2349-2008 -- Amending the Kenai Zoning Code at KMC 14.20.180 to Prevent the Same or Substantially Similar Variance Permit Applications From Being Considered by the Planning 8z Zoning Commission More Than Once in Any Nine Month Period. MOTIONc Council Member Eldridge MOVED to approve Ordinance No. 2349-2008 and Council Member Smalley SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. It was noted, the nine-month period would mirror code requirements for Conditional Use Permit requests. VOTE: *Student Representative Johnson: Yes Porter Yes Swarner Yes Smalle Yes Eldrid e Yes Ross Yes Mollo Yes Boyle Yes MOTION PASSED UNANIMOUSLY. E-8. Resolution No. 2008-54 -- Establishing the Lower River Drift Boat Pull- out as the Highest City of Kenai Priority for Capital Improvement Funding for Fiscal Year 2009 and 2010. KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2008 PAGE 8 (Clerk's Note: At the August 20, 2008 council meeting, Resolution No. 2008-54 received a motion to approve, a motion to amend, and then was tabled to September 17, 2008. The motions to approve and amend are active. E-8a. Substitute Resolution No. 2008-54 -- Requesting the State of Alaska Establish the Lower Kenai River Drift Boat Pull-Out Project as a High Priority for State and Federal Funding. MOTION: Council Member Ross MOVED Substitute Resolution No. 2008-54 and Council Member Swarner the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. Council and administrative comments included: • The State of Alaska was studying the need and an appropriate site location. City may not have or need to participate in developing a pull out. The city could choose to be involved if the council would decide to provide land. • It was not envisioned city employees would do any work on the project. • The city could be given information related to site selection, appropriation of funds, etc. from the state. • Because the proiect would also be an issue involving the City of Soldotna and the Kenai Peninsula Borough, their support should be acquired. • The substitute ordinance was reviewed by the Parks & Recreation Commission as well as the Harbor Commission and was recommended for council approval. • No objection to the substitute, but desire the facility would be city owned. VOTE: *Student Representative Johnson: Yes Porter Yes ~ Swarner Yes Smalley Yes Eldrid e Yes Ross Yes Molloy Yes Boyle _ Yes MOTION PASSED UNANIMOUSLY. E-9. Resolution No. 2008-55 -- Supporting the Creation of a U.S. Department of Peace. KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2008 PAGE 9 (Clerk's Note: At the September 3, 2008 council meeting, Resolution No. 2008-55 was postponed with no time certain.) E-9a. Substitute Resolution No. 2008-55 -- Supporting the Concept of Peace Both in the World and Locally. MOT%ON: Council Member Swarner MOVED for approval of Substitute Resolution No. 2008-55 and Council Member Boyle SECONDED the motion. The floor was opened for public hearing. There being no one wishing to be heard, the public hearing was closed. There were no council comments. VOTE: *Student Representative Johnson: Yes Porter Yes Swarner Yes Smalley Yes Eldrid e Yes Ross Yes Molloy Yes Boyle Yes MOTION PASSED UNANIMOUSLY. E-10. Resolution No. 2008-58 -- Rescinding and Replacing the City of Kenai Retention Schedule. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2008-58 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. VOTE: There were no objections. SO ORDERED. ITEM F: MINUTES F-1. Regular Meeting of September 3, 2008 -- Approved by consent agenda. ITEM G: UNFINYSIIED BUSYNESS -- None. ITEM FI: NEW BUSYNESS KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2008 PAGE 10 H-l. ,Bills to be Ratified MOTION: Council Member Smalley MOVED to ratify the bills. Council Member Swarner SECONDED the motion and requested UNAN%MOUS CONSENT. VOTE: There were no objections. SO ORDERED. H-2. Approval of Purchase Orders Exceeding $15,000 MOTION: Council Member Swarner MOVED to approve the purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Smalley SECONDED the motion. VOTE: There were no objections. SO ORDERED. BREAK TAKEN: 7:55 P.M. BACK TO ®RDER: 8:06 P.M. H-3. Ordinance No. 2350-2008 -- Amending Estimated Revenues and Appropriations by $14,211 in the Senior Fund for Various Program Services. Introduced by approval of consent agenda. H-4. Approval -- October 7, 2008 City of Kenai General Election/Election Board Members. MOTION: Council Member Swarner MOVED to appoint the persons as presented on page 119 of the council packet as election board members for the October 7, 2008 City of Kenai election and requested UNANIMOUS CONSENT. Council Member Eldridge SECONDED the motion. VOTE: KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2008 PAGE 11 There were no objections. SO 012DE12ED. H-5. Discussion/Approval -- City Manager Contract. MOTION: Council Member Ross MOVED for approval of the City Manager Contract and Council Member Eldridge SECONDED the motion. VOTE: 'Student Representative Johnson: Excused from the meeting remaining. Porter Yes Swarner Yes Smalley Yes Eldridge ~ Yes Ross ;Yes Molloy Yes Boyle Yes MOTION PASSED UNANIMOUSLY. ITEM I: COMMISSION/COMMITTEE REPORTS I-l. Council on Aging -- Council Member Eldridge referred to the September 11, 2008 meeting summary included in the packet and reviewed items discussed. He noted he would be absent from the October 9 and November 13 meetings. Mayor Porter stated she would attend in his absence. I-2. Airport Commission -- Council Member Molloy reported there was no quorum present for the September 11, 2008 meeting. I-3. Harbor Commission -- Council Member Boyle reviewed the September 8, 2008 meeting summary included in the packet and noted actions taken and discussions held. I-4. Library Commission -- Council Member Smalley reported the next meeting would be held October 7, 2008. I-5. Parks & Recreation Commission -- Council Member Eldridge referred to the September 4, 2008 special meeting summary and noted the next meeting would be held October 2. I-6. Planning & Zoning Commission -- Council Member Ross referred to the minutes of the September 10, 2008 meeting included in the packet. KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2008 PAGE 12 I-7. 'Miscellaneous Commissions and Committees I-7a. Beautifscation Committee -- Mayor Porter noted she attended the September 9, 2008 meeting for Council Member Swarner and there was no quorum. Y-7b. Alaska Municipal League Report -- Council Member Smalley reported telephonic transportation subcommittee meeting was held, however he did not participate. I-7c. Mini-Grant Steering Committee -- No meeting. ITEM J: REPORT OF THE MAYOR -- Mayor Porter noted the following: • ,She attended the closing of the art show at the Visitors Center. • She attended the dome committee meeting. • She attended the Kenai Peninsula Food Bank Soup Supper. • She attended the tree-clearing project at the high school. • She was in the process of preparing the fall newsletter. • The Economic Development District would hold an economic forum and city administration would be invited to attend. • Lincoln Wensley would be applying for a President's Environmental Youth Award with regard to his 'save the dunes' project. YTEM K: K-Io 'City Manager -- City Manager Koch reported the following: • The Request for Proposals for the library expansion project were available to the public. grant match. Tim Navarre agreed to manage the fundraising for the Rasmuson library • ,Reminded all of the work session scheduled for 5:30 p.m. on October 1, 2008 related to water system improvements. • Attended the latest sports dome meeting and discussion included a search for funding to conduct a feasibility study and a Borough recreation service area had been suggested to fund the project, requiring a vote of the people to increase the mill rate. A parks and recreation survey would take place in the next months. Ice would be in at the multipurpose facility the first week of October. Marathon Road paving was expected to be completed in the next weeks. K-2. Attorney -- City Attorney Graves reported the initial attachments to Permanent Fund Dividends for unpaid traffic fines was expected to be $17,000. He complimented his assistant, Lee Salisbury, for inputting the required information to attach the dividends. KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2008 PAGE 13 K-3. City Clerk -- City Clerk Freas reported the following items: • Absentee voting would begin on September 22, 2008. • ,Applications for appointment to the Advisory Cemetery Committee would be included in the next packet for consideration. • Gave a report of costs involved with the Proposition A informational flyer and noted it would be in the mail on September 26. ITEM L: L-l. Citizens -- None. Y-2. Council Boyle -- + Referring to the Kenai Police Department mid-month report included in the packet, stated he thought it commendable the number of warnings given by the officers prior to a citation being issued. • Thanked Senior Director Craig for recognizing the students who built a shed for the Senior Center. Molloy -- Stated he toured the new construction at the court house and noted there would be three new court rooms; a reception was being planned in the new year; and, the court system was very pleased with the parking lot lease. Ross -- No comments. Eldridge -- • Reported he would be attending an Economic Development District Board meeting in Seward on Thursday. • Asked when the court house parking Iot would be paved. Koch reported it would be paved next year. Smalley -- Stated it was good to see former Council Members Bannock and Joe Moore in the audience. Swarner -- Thanked all who supported the Food Bank during the year and invited elected officials to serve in the soup kitchen on September 30, 2008. ITEM M: PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted./ Resolution No. 2008-47 -- Terminating the Project Enlitled "Ames Road South LID Special Assessment District." (Clerk's Note: At the August 6, 2008 council meeting, Resolution No. 2008-47 was substituted and postponed to September 3, 2008. At the KENAI CITY COUNCIL MEETING SEPTEMBER 17, 2008 PAGE 14 September 3, 2008 council meeting, Resolution No. 2008-47 was postponed to October 15, 2008. The motion to approve is active.) EXECUTIVE SESSION -- Personnel Matter (added at the beginning of the meeting). MOTION: Council Member Swarner MOVED to convene in an executive session of the Council of the city of Kenai, concerning a personnel matter, which by law, municipal charter, or ordinance, was required to be confidential. Council Member Molloy SECONDED the motion. VOTE: Porter Yes Swarner Yes Smalley ~ Yes i i Eldridge (Yes ~ Ross ~ Yes (Molloy Yes Boyle Yes ~ ~ ~ MOTION PASSED UNANYMOUSLY. CONVENED INTO EXECUTIVE SESSION: 8:35 P.M. BACK TO ORDER: 8:47 P.M. Council Member Swarner reported the council met and directed administration to proceed with the personnel matter that was presented to them. ITEM N: ADJOURNMENT There being no further business before the Council, the meeting adjourned at approximately 8:48 p.m. M171uteS Submitted by: r "~.n+ssa ~~"i ~yF~ ~„ ~ ~ ~ ~~~ Carol L. Freas, City Clerk ~ `'~ *The student may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast prior to the official council vote and shall not affect the outcome of a vote. Advisory votes shall be recorded in the minutes. Student representatives may not move or second items during a council meeting.