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HomeMy WebLinkAbout03-15-2007COUNCIL MEETING NOTICE and AGENDA THURSDAY, MARCH 15, 2007 10:45 A.M. OR SOON THEREAFTER Cc_)UNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 201 Lihu`e, Kauai, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the followine meetines of the Council: Regular Meeting of February 14, ?007 Mid-Mouth Meeting of February 28, ?007 Special Meeting of February 13, 2007 Special Meeting of February 26, 2007 CUMMUNICATIUNS: C 2007-182 Communication (02/21/2007) from the Planning Director, transmitting the Planning Commission's recommendation to amend Chapter 8, Kauai County Code 1987, as amended, relating to: 1. Limitation the gross floor area of single retail and wholesale establishments to 75,000 square feet within the Resort District, Commercial District, and Industrial District, (Request of the Honorable Mayor Bryan Baptiste) (See Proposed Draft Bills Nos. 2213, 2214, aitid 2215) 2. Recommending denial of Zoning Amendment ZA-?007-7 to minimize the duplication and redundancy of amendments proposed in the aforementioned bills. (Request of the County Council) (See Proposed Draft Bill No. 2203) (Staff report and evaluation of December 12, ?006, January 09, ?007, and January 23, ?007 are on file in the County Clerk's Office.) Council Meeting Agenda 2 March 15, 2007 C 2007-133 Communication (08/08/2007) from C'ouncilmember Shaylene Iseri- Carvalho, transmitting a bill that extends the vending concession terms at the Spouting Horn to June 80, 2012 and increases the dollar amounts in the penalty section. (See Proposed Draft Bill No. 2212) C 2007-134 Communication (02/28/2007) from the Executive on Housing, transmitting for Council review and approval, a resolution authorizing the filing of the 2007 Action Plan for the County's 5- Year Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD) and to appropriate funding for 2007 Cormnunity Development Block (xrant (CDB(x) projects. (See Resolution No. 2007-55) (~' 2007-135 Commnunication (02/28/2007) from the Executive on Housing, transmitting for Council review and approval, a resolution authorizing the filing of the 2007 Action Plan for the County's 5- Year Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD), and to appropriate funding for 2007 HOME Investment Partnerships Program (H( )ME) projects. (See Resolutioru No. 2007-56) C 2007-186 Communication (02/20/2007) from the Acting Manager and Chief Engineer, Department of Water, transmitting for Council information the Department of Water's quarterly financial reports as of December 31, 2006. (Report oru file iru the Couruty Clerk's of>s.ee.) C 2007-187 Communication (02/28/2007) from the Director of Finance, transmitting for Council information, Financial Reports--Month Ending January 81, 2007 (Copi.es of Detailed Biedget Report (Listi.ng), Statement of Reuenu.es-Estimated and Actual (Listi.ng), Statement of Expenditures and Encumbrances (Listiarg), artid Reuenu.e Report (Listiarg), aa•e on file iar the County Clerk's Offi.ce). (~' 2007-138 Commnunication (02/21/2007) from the Chief, Building Division, Department of Public Works, requesting Council approval to purchase personal protection equipment, computers (2), and office furniture for two (2) contract hires assigned to do sign ordinance enforcement and code inspection assistance, and building permit clerical work, for approximately $8,300.00 using funds from the Building Permit Revolving Fund. Council Meeting Agenda 8 March 15, 2007 C 2007-189 Communication (02/28/2007) from the Mayor, transmitting for Council confirmation, his appointment of Jonathan Chun, 1't Term, to the County of liaua`i Charter Commission. C 2007-140 Communication (02/28/2007) from the Mayor, transmitting for Council confirmation, his appointment of John D. Constantino, 1't Term, to the County of liaua`i Charter Commission. (~' 2007-141 (~'oimnunication (02/28/2007) from the Mayor, transmitting for (~'ouncil confirmation, his appointment of Walter Briant, 1't Term, to the (~'ounty of Iiaua`i (~'harter (~'ommission. (~' 2007-142 (~'oimnunication (03/06/2007) from the Mayor, transmitting for (~'ouncil confirmation, his appointment of Leland Ii. Iiahawai, Partial Term, to the (~'ounty of Iiaua`i Board of Water Supply. (~' 2007-143 (~'oimnunication (03/06/2007) from the Executive on Housing, transmitting for (~'ouncil review and approval, an amendment to the County's Leasehold Sales Program policy adopted by the Council on September 8, 2005. The major changes to the leasehold sales policy are: 1. Extending the lease term from 55 years to 99 years, 2. Having the leasehold sales price be the same as its appraised value of the capital improvements, 8. Changing a periodic (quarterly) ground rent fee instead of total payment in advance at purchase, and 4. Changing the lessee's appreciation from a set interest rate to the actual change in value of the improvements. C 2007-144 Communication (03/08/2007) from the Mayor, requesting Council confirmation of Matthew S.li. Pyun, Sr., Esq. to serve as County Attorney for the (~'ounty of Iiaua`i. (~' 2007-145 (~'oimnunication (03/09/2007) from the (~'ouncil Vice ('hair, requesting that the Acting (~'ounty Attorney be present at the March 15, 2007 (~'ouncil meeting to provide clarification on the opinion from the (~'ounty Attorney's office regarding the validity of the shoreline certification for the bike path. Council Meeting Agenda 4 March 15, 2007 C 2007-150 Communication (08/09/2007) from the Council Chair, requesting that the County Engineer, Planning Director and Acting County Attorney be present at the March 15, 2007 Council meeting to address issues related to the status of permits and permitting processes required of the County's proposed Ahukini to Anahola bicycle/pedestrian pathway project. LEGAL DOCUMENTS: C 2007-128 Grant of Non-Exclusive Water Line Easement from Iiealia Makai Holdings, LLC, a Delaware limited liability company to the County of Kauai, anon-exclusive water line easement, TMK: 4-7-007-02; CPR No. 2 (Lot 27B), and indemnifying the Grantor to provide water service to the subject comfort stations. (Tltie Public IVorks Committee recommeitided receipt for tltie record oiti 03-09-2007) C 2007-146 Grant of Non-Exclusive Water Line Easements, submitted by Building Division Chief for approval by the Council, from Iiealia Makai Holdings, LLC, a Delaware limited liability company, to the County of Kauai, for: 1. Water Line Easement 1 - (Kealia Beach), TMK: 4-7-007-001; CPR No. 1 (Lot lA), 2. Water Line Easement 2 - (Kealia Kai Parking Lot), TMK: 4- 7-007-027; CPR No. 2 (Lot 27B), and 8. indemnifying the Grantor. CLAIMS: C 2007-147 Communication (02/20/2007) from the County Clerk, transmitting a claim filed against the County of Kauai by Maile Iunimaka, for physical injuries and related medical costs, pursuant to Section 23.06, Charter of the County of Kauai. C 2007-148 Commnunication (02/23/2007) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Garden Island Disposal, Inc., for damages to their vehicle, pursuant to Section 23.06, Charter of the County of Iiaua`i. C 2007-149 Commnunication (02/23/2007) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Samuel Morihisa, for damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. Council Meeting Agenda 5 Cc_)MMITTEE REPc_)RTS: PUBLIC WORKS COMMITTEE REPORT: CR-PW 2007-8: on LEGAL DOCUMENT: C 2007-128 March 15, 2007 Grant of Non-Exclusive Water Line Easement from Kealia Makai Holdings, LLC a Delaware limited liability company to the County of I~aua`i, a non-exclusive water line easement, TMI~: 4-7-007-02; CPR No. 2 (Lot 27B), and indeimiifying the Grantor to provide water service to the subject comfort stations. [Received for the record.] CR-PW 2007-9: on Resolution No. 2007- 44 RESOLUTI( )N ESTABLISHIN( x SPEED HUMP AT NEHE R( )AD, LIHU`E DISTRICT [Approved.] COMMUNITY ASSISTANCE/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT: CR-CA/IGR 2007-3: on C 2007-128 Communication (02/09/2007) from the Executive on Housing, transmitting for Council review and approval, proposed policy revisions to the County's Leasehold Sales Program, which include: 1. Extending the lease term from 55 years to 99 years, 2. Having the leasehold sales price be the same as its appraised leasehold market value (improvements value), 8. Charging a periodic (quarterly) ground rent fee instead of total payment in advance at purchase, and 4. Changing the lessee's appreciation from a set interest rate to the actual change in value of the improvements. [Received for the record.] RESOLUTIONS: Resolution No. 2007- 44, RESOLUTI( )N ESTABLISHING SPEED HUMP AT NEHE R( )AD, LIHU`E DISTRICT (Tltie Public IVorks Committee recommeitided approval on 03-09-2007) Council Meeting Agenda G March 15, 2007 Resolution No. 2007 55, RES(_)LUTI(_)N AUTH(_)RIZING THE FILING OF THE IiAUA'I Cc_)UNTY 2007 ACTIc_)N PLAN (COMMUNITY DEVELc_)PMENT BLc_)CIi GRANT) WITH THE DEPARTMENT OF Hc_)USING AND URBAN DEVELc_)PMENT, UNITED STATES OF AMERICA, Fc_)R A GRANT UNDER TITLE I OF THE Hc_)USING AND Cc_)MMUNITY DEVELc_)PMENT ACT OF 1974 AND 1987 (PUBLIC LAWS 98-383 AND 100-242), AS AMENDED Resolution No. 2007-56, RESOLUTION AUTHORIZING THE FILING OF THE I~AUA`I COUNTY 2007 ACTI( )N PLAN (HOME INVESTMENT PARTNERSHIPS PROCxRAM) WITH THE DEPARTMENT OF HOUSINcx AND URBAN DEVEL( )PMENT, UNITED STATES OF AMERICA, F( )R A GRANT UNDER TITLE II OF THE CRANSTON-cxONZALEZ NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED Resolution No. 2007-57, RESOLUTION CONFIRMING MAY( )RAL APP( )INTMENT TO THE COST CONTR( )L COMMISSION (Marlene Matutino, First Term) Resolution No. 2007 58, RES(_)LUTI(_)N C(_)NFIRMING MAY(_)RAL APP(_)INTMENT T(_) THE PLANNING C(_)MMISSI(_)N (Camilla C Matsumoto, At Large Designation, First Term) Resolution No. 2007 59, RES(_)LUTI(_)N C(_)NFIRMING MAY(_)RAL APP(_)INTMENT T(_) THE FIRE C(_)MMISSI(_)N (Darney L. Proudfoot, First Term) Resolution No. 2007-G0, RES(_)LUTI(_)N C(_)NFIRMING MAY(_)RAL APP(_)INTMENT T(_) THE CIVIL SERVICE C(_)MMISSI(_)N (Ryan M. de la Pena, First Term) BILLS FOR FIRST READING: Proposed Draft Bill No. 2203 - A BILL F( )R AN ORDINANCE TO AMEND CHAPTER 8, I~AUA`I COUNTY CODE 1987, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Superstores) (Tltie Plaitiitiiatig Commissi.oiti recommeitided deitii.al pursuaitit to a February 21, 2001 letter from tltie Plaitiitiiatig Director) Council Meeting Agenda 7 March 15, 2007 Proposed Draft Bill No. 2205 - A BILL FOR AN ORDINANCE AMENDING ZONING CONDITIONS IN ORD. NO. PM-2002-362, RELATING TO NUHOU STREET REALIGNMENT, ULU KO PARK RECONFIGURATION, AND AHEAHE STREET TRAFFIC SIGNALIZATION (Kaua`i County Council, Applicant) (Council withdrew Bill No. 22D5 and referred Bill No. 221 D to the Planning Commission on D2/14/2DD7) Proposed Draft Bill No. 2211 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 23 OF THE KAUAI COUNTY CODE 1987, BY AMENDING SECTION 23-3.3(a) RELATING TO PEDDLERS AT THE SPOUTING HORN (Deferred D2/28/2DD7) Proposed Draft Bill No. 2212 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 23 OF THE KAUAI COUNTY CODE 1987, BY AMENDING ARTICLE 3 RELATING TO PEDDLERS AND CONCESSIONAIRES Proposed Draft Bill No. 2213 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO DEVELOPMENT STANDARDS IN THE RESORT DISTRICT Proposed Draft Bill No. 2214 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO DEVELOPMENT STANDARDS FOR COMMERCIAL DEVELOPMENT Proposed Draft Bill No. 2215 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO STANDARDS FOR INDUSTRIAL DEVELOPMENT, SUBDIVISION OR CONSTRUCTION EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") X92-7(a), the Council may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to H.R.S. X92-4 and shall be limited to those items described in H.R.S. §92-5(a). (Confidential reports on file in the County Attorney's Office and/or the County Clerk's Office. Discussions Held in ExecutiUe Session are closed to the public.) Council Meeting Agenda 8 March 15, 2007 ES-259 Pursuant to Haw.Rev.Stat. §§92-4 and 92-5(a)(4), the purpose of this executive session is to provide a Council briefing on Mandalay Properties Hawaii LLC v. County of I~aua`i, Case No. 05-15383 (U.S. Court of Appeals, 9th Circuit) and County of Iiaua`i v. Mandalay Properties Hawaii LLC, et al., Civ. No. 05-00052 DAE/BMIi (U.S. District Court) and related matters. This consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. ES-260 Pursuant to Haw.Rev.Stat. §§92-4 and 92-5(a)(4), the purpose of this executive session is to provide a Council briefing on the case of Hine C. Lum v. Iiaua`i County Council, et al., Civ. No. 06-00068 S(_)M/BMIi (U.S. District Court, District of Hawaii) and related matters. This consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. ES-261 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(4), the purpose of this executive session is to consult with legal counsel on legal liabilities and opinions (both written and oral) pertaining to the County's Ahukini - Anahola bicycle/pedestrian pathway project ("Project"); specifically whether the Project's permits (including, but not limited to the Iiapa`a - Iiealia Project segment) are in compliance with requirements of law pertaining to: Chapter 205A of the Hawaii Revised Statutes (Coastal Zone Management); the Special Management Area Rules and Regulations of the County of Iiaua`i; the County of Iiaua`i Planning Department Shoreline Setback Rules and Regulations; Title 13, Chapter 222, Hawaii Administrative Rules (Shoreline Certifications); Chapter 1830 of the Hawaii Revised Statutes (Conservation District); and Title 13, Chapter 5, Hawaii Administrative Rules (Conservation District). This consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. ADJOURNMENT. Council Meeting Agenda 9 March 15, 2007 NOTE: If the Council is I14t finished «'ith this meeting by approximately 1:30 p.m., it will recess for public hearings. After the public hearings, the Council «-i 11 reconvene to complete any unfinished business. Bill No. 2208 - AN ORDINANCE AIVIENDIN<~ ORDINANCE NO. 8-2006-646 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE CO UI~~TY OF I~4 U4 `I, STATE OF HA t~VAI7, FOR THE FISCAL YE~4R JULY 1, 2006 THROUGH JUNE 30, 2007 BY REVISING THE SURPLUS ESTIMATED IN THE GENERAL FUND (Kapaia Swi.ragi.ng B~°idge - .x'200, 000) Bill Na. 2209 - AN ORDINANCE AlU1ENDING ORDINANCE NO. B-2006-646 AS AMENDED, RELATI~'VG TO THE CAPITAL BUDGET C )F THE C() U:'~~ TY OF I~4 ~~4 `l, STATE OF H4 tV 4I7, FOR THE FISCAL YE~4R JULY 1, 2006 THROUGH JUNE 3D, 2007 BY REVISING THE SURPLUS ESTI1l~1ATED IN THE GENERAL FUND (Ker.~pctraa Swinging Bridge - .$'35; 000) or complete infarmatian, including ~ summary of the item, please refer to the official Notice of Public Hearing. The official Notice of Public Hearing has been pLiblished, posted on the bulletin board, and filed in the County Clerk's (_)ffice as required by law. Notwithstanding this Council Agenda, the Cotiincil may hold a ptiiblic hearing on any item which has been posted in advance in compliance with the Sunshine Law. NOTE: SPECIAL ACCOMMODATIONS AND SIGN LANGUAGE INTERPRETER AND INTERPRETERS FOR NON-ENGLISH SPEAKING PERSONS ARE AVAILABLE UPON REQUEST FIVE {5) DAYS PRIOR TO THE MEETING DATE, TO THE COUNTY CLERK, 4396 RICE STREET, ROOM 206, LIHU`E, I~AUA`I. TELEPHONE NO. 241-6371.