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HomeMy WebLinkAbout10-21-2009 Council Agenda 111 III ~ COUNCIL MEETING NOTICE and AGENDA WEDNESDAY, OCTOBER 21, 2009 '09 OCT 15 r(-C2 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 1396 Rice Street, Room 201 Lihu`e, Kauai, Hawaii MEETING CALLED TO ORDER. ROLL CALL. APPROVAL OF AGENDA. MINUTES of the following -meetings of the Council: Public Hearing of September 9, 2009 re: Bill No. 2298 Council Meeting of September 23, 2009 Special Council Meeting of September 30, 2009 Council Meeting of October 7, 2009 Public Hearing of October 7, 2009 re: Bills Nos. 2322, 2323, 2324, 2325, 2326, and 2327 COMMUNICATIONS: C 2009-322 Communication (09/15/2009) from Councilmember Tim Bynum, transmitting for Council review and consideration, a proposal to establish a Rules Sub-Committee to the Committee of the Whole to review and propose amendments to the Rules of the County Council of the County of haua`i. (See Resolution No. 2009-55) C 2009-323 Communication (09/21/2009) from the Chief of the Engineering Division, Department of Public Works, transmitting for Council approval, resolutions to establish crosswalks, stops, stop lines, yields, speed limits, school bus stops and public transportation bus stops within the Pikake Subdivision Phases I and II. (See Resolutions Nos. 2009-56, 2009-57, 2009-58, 2009-59, 2009-60) C 2009-324 Communication (09/30/2009) from the Chief of the Building Division, Department of Public Works, transmitting for Council consideration, amendments to Article 6, Energy Conservation, Chapter 12 entitled "Building Code" of the Kauai County Code 1987, as amended. (See Proposed Draft Bill No. 2332) i I'I III 1 Council Meeting Agenda 2 October 21, 2009 C 2009-325 Communication (10/09/2009) from the Director of Planning, transmitting for Council consideration, a proposed bill revising the Surplus and Appropriations estimated in the General Fund and appropriating $150,000 for the Kapa`a-Wailua Development Plan (East Kauai Community Development Plan). (See Proposed Draft Bill No. 2333) C 2009-326 Communication (10/09/2009) from the Director of Finance, transmitting for Council consideration, a proposed draft bill amending Ordinance No B-2009-691, relating to the Fiscal Year 2009-2010 Capital Budget and transferring $230,000 from the Kapa`a New Fire Station to the Pi`ikoi Building Design Project for architectural and engineering services. (See Proposed Draft Bill No. 2334) C 2009-327 Communication (10/09/2009) from the Chief of Wastewater, Department of Public Works, transmitting for Council consideration, a resolution authorizing the Mayor or the Director of Finance of the County of Kau.i`i to enter into an intergovernmental agreement with the State of lIawai`i, Department of Health, for a loan from the American Recovery and Reinvestment Act of 2009 portion of the State Water Pollution Control Revolving Fund for the Waimea Wastewater Treatment Plan Expansion, Phase I, Project No, C150047-04 (See Resolution No. 2009-61) C 2009-328 Communication (10/13/2009) from the Planning Director, transmitting for Council information, in accordance with Section 11-3.1 of the Kauai County Code 1987, as amended, the Affidavit as to the mailing and delivery of the Notice to area residents relating to Bill No. 2328 (State Land Use Boundary Amendment) and Bill No. 2329 (General Plan Designation Amendment), for County of Kauai, Applicant: County of Kauai, Tax Map Key: 5-2-017:028, Kilauea Kauai, Hawaii. (Copy on file in the County Clerk's Office.) C 2009-329 Communication (09/25/2009) from the Director of Parks & Recreation, requesting Council approval to accept two (2) replacement laser finished plaques donated by Patrick and Jocelyn Contrades valued at $3,000 for the Kaua`i Veterans Cemetery. C 2009-330 Communication (10/15/2009) from the Council Chair, transmitting for Council review and consideration, an amendment to the Rules of the County Council of the County of Kauai relating to travel requests. (See Resolution No. 2009-62) LEGAL DOCUMENT: C 2009-331 Communication (09/25/2009) from the Executive on Transportation, Transportation Agency, requesting Council approval to indemnify the U S Wildlife Service Kauai National Wildlife Refuge Complex (Haraguchl Farm) to establish a bus stop on their property. Right-4-Entry Agreement by and between the U S Wildlife Service Kauai National Wildlife Refuge Complex and the Count v of Kauai for a bus stop on Raraguchi Farm property. III Ili 1 Council Meeting Agenda 3 October 21, 2009 CLAIMS- C 2009-332 Communication (09/25/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Yvonne D. Fisher for personal injury, as well as for credit card interest, pain and suffering, pursuant to Section 23.06, Charter of the County of Kauai. C 2009-333 Communication (09/30/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Joseph Bonachita for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai COMMITTEE REPORTS- BUDGET & FINANCE COMMITTEE REPORT: CR-B&F 2009-21: on Bill No. 2323 AN ORDINANCE AMENDING ORDINANCE NO. B-2009-691 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($132,000 - Moana Kai (Fujii Shoreline Design/Permit) [Approved.] PLANNING COMMITTEE REPORTS: CR-PL 2009-07: on Bill No 2326 A BILL FOR AN ORDINANCE AMENDING ZONING CONDITIONS IN ORDINANCE NO. PM-2006-383, RELATING TO ZONING DESIGNATION IN NAWILIWILI, KAUAI (MORI Golf (Kaua'i), LLC., Applicant) [Approved as Amended.] CR-PL 2009-08: on Bill No 2324 A BILL FOR AN ORDINANCE AMENDING STATE LAND USE DISTRICT BOUNDARY IN NAWILIWILI, KAUAI (MORI Golf (Kaua`i) LLC., Applicant) [Approved.] CR-PL 2009-09: on Bill No 2325 A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO PM-2006-382, RELATING TO GENERAL PLAN DESIGNATION IN NAWILIWILI, ILNUA`I (MORI Golf (Kaua`i), LLC., Applicant) [Approved.] III II 1 Council Meeting Agenda 4 October 21, 2009 CR-PL 2009-10: on Bill No 2327 A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO PM-2006-384,RELATING TO VISITOR DESTINATION AREA DESIGNATION IN NAWILIWILI, KAUAI (MORI Golf (Kaua`i), LLC., Applicant) [Approved.] CR-PL 2009-11: on Bill No 2322 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (ADU Building Permit deadline extension for non-residentially zoned land) [Approved.] CR-PL 2009-12: on Bill No 2319 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Amending Article 27, Chapter 8, Kauai County Code 1987, relating to Shoreline Setbacks and Coastal Protection) [Approved as Amended.] RESOLUTIONS: Resolution No. 2009-55, RESOLUTION TO ESTABLISH A RULES SUB-COMMITTEE TO COMMITTEE OF THE WHOLE TO REVIEW AND PROPOSE AMENDMENTS TO THE RULES OF THE COUNTY COUNCIL OF THE COUNTY OF KAUAI Resolution No. 200')-56, RESOLUTION ESTABLISHING CROSSWALKS WITHIN PIKAKE SUBDIVISION PHASES I & II, LIHU`E DISTRICT, COUNTY OF KAUAI Resolution No. 2009-57, RESOLUTION ESTABLISHING PUBLIC TRANSPORTATION BUS STOPS AT KAUILA STREET AND MAKA`A STREET, PIKAKE SUBDIVISION PHASES I & II, LIHU`E DISTRICT, COUNTY OF KAUAI Resolution No. 2009-58, RESOLUTION ESTABLISHING SCHOOL BUS STOPS AT KAUILA STREET AND MAKA`A STREET, PIKAKE SUBDIVISION PHASES I & II, LIHU`E DISTRICT, COUNTY OF KAUAI Council Meeting Agenda 5 October 21, 2009 Resolution No. 2009-59, RESOLUTION ESTABLISHING SPEED LIMITS WITHIN PIKAKE SUBDIVISION PHASES I & II, LIHU`E DISTRICT, COUNTY OF KAUAI Resolution No. 2009-60, RESOLUTION ESTABLISHING STOP SIGNS, STOP LINES, YIELD SIGNS, AND YIELD LINES ON COUNTY ROADWAYS WITHIN PIKAKE SUBDIVISION PHASES I & II, LIHU`E DISTRICT, COUNTY OF KAUAI Resolution No 2009-Ell, RESOLUTION AUTHORIZING THE MAYOR OR THE DIRECTOR OF FINANCE OF THE COUNTY OF KAUAI TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAII, DEPARTMENT OF HEALTH FOR A LOAN FROM THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 PORTION OF THE STATE WATER POLLUTION CONTROL REVOLVING FUND FOR THE WAIMEA WASTEWATER TREATMENT PLANT EXPANSION, PHASE I, PROJECT NO. C150047-04 Resolution No. 2009-62, RESOLUTION AMENDING RULES OF THE COUNCIL OF THE COUNTY OF KAUAI FOR THE ORGANIZATION OF COMMITTEES AND THE TRANSACTION OF BUSINESS (Travel Requests) BILL FOR RECONSIDERATION: Bill No. 2331 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 13 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, ENTITLED "ELECTRICAL CODE," ADOPTING THE NATIONAL ELECTRICAL CODE, 2008 EDITION AS STANDARD FOR ALL ELECTRICAL WORK (Passed on first reading 10-07-2009) BILLS FOR FIRST READING: Proposed Draft Bill No. 2332 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 12, ARTICLE F, KAUAI COUNTY CODE 1987 RELATING TO THE ENERGY CODE (Copy on, file in the Clerk's Office) Proposed Draft Bill No. 2333 - AN ORDINANCE AMENDING ORDINANCE NO. B-2009-691, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($150,00 - Kapa`a-Wailua Development Plan) Proposed Draft Bill No. 2334 - AN ORDINANCE AMENDING ORDINANCE No. B-2009-691, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTINATED IN THE GENERAL FUND (Transfer $230,000 from Kapa`a New Fire Station to Pi`1koi Building Design) Council Meeting Agenda 6 October 21, 2009 Proposed Draft Bill No. 2335 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 13, ARTICLE 4, SEC. 13-4.1, OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE ELECRICAL CODE AND ADOPTING THE NATIONAL ELECTRICAL CODE, 2008 EDITION AS A STANDARD FOR ALL ELECTRICAL WORK BILLS FOR SECOND READING. Bill No. 2319, Draft 1 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Amending Article 27, Chapter 8, Kauai County Code 1987, relating to Shoreline Setbacks and Coastal Protection) (The Planning Committee recommended approval of Bill No. 2319 as amended to Bill No. 2319, Draft 1 on second and final reading; see CR-PL 2009-12) Bill No. 2322 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (ADU Building Permit deadline extension for non-residentially zoned land) (The Planning Committee recommended approval of Bill No. 2322 on second and final reading; see CR-PL 2009-11) Bill No. 2323 - AN ORDINANCE AMENDING ORDINANCE NO. B-2009-691, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($132,000 - Moana Kai (Fujii Shoreline De,~ign/Permit) (The Budget & Finance Committee recommended approval of Bill No. 2323 on second and final reading; see CR B&F 2008-21) Bill No 2324 - A BILL FOR AN ORDINANCE AMENDING STATE LAND USE DISTRICT BOUNDARY IN NAWILIWILI, KAUAI (MORI Golf (Kaua`i) LLC., Applicant) (The Planning Committee recommended approval of Bill No. 2324; see CR-PL 2009-08) Bill No. 2325 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO PM-2006-382, RELATING TO GENERAL PLAN DESIGNATION IN NAWILIWILI, KAUAI (MORI Golf (Kaua`i), LLC, Applicant) (The Planning Committee recommended approval of Bill No. 2425 on second and final reading; see CR-PL 2009-09) Council Meeting Agenda 7 October 21, 2009 Bill No. 2326, Draft 1 - A BILL FOR AN ORDINANCE AMENDING ZONING CONDITIONS IN ORDINANCE NO PM-2006-383, RELATING TO ZONING DESIGNATION IN NAWILIWILI, KAUAI (MORI Golf (Kaua`i), LLC., Applicant) (The Planning; Committee recommended approval of Bill No. 2326 as amended to Bill No. 2326, Draft I on second and final reading; see CR-PL 2009-07) Bill No. 2327 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. PM-2006-384, RELATING TO VISITOR DESTINATION AREA DESIGNATION IN NAWILIWILI, KAUAI (MORI Golf (Kaua`i), LLC., Applicant) (The Planning Committee recommended approval of Bill No. 2327 on second and final reading; see C1?-PL 2009-10) EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") §92-7(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. §92-4 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 Executive Session are closed to the public ) ADJOURNMENT. 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, I A3W RICE STREET, ROOM 20G) LIHU`E, KAI A`I. I TELEPHONE NO.2 I'I III 1 Council Meeting Agenda 8 October 21, 2009 NOTE: If the Council is not finished with this meeting by approximately 1:30 p.m., it will recess for public hearings on the following. After the public hearings, the Council will reconvene to complete any unfinished business. Bill No. 2328 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. PM-227-91, RELATING TO STATE LAND USE DISTRICT BOUNDARYINKILAUEA, KAUAI (County of Kauai, Applicant) I Bill No 2329 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO PM-228-91, RELATING TO GENERAL, PLAN DESIGNATION IN KIL_1UEA, KAUAI (County of Kaua`L, j Applicant) For complete information, including a summary of the item, please refer to the official Notice of Public Hearing The official Notice of Public Hearing has been published, posted on the bulletin board, and filed in the County Clerk's Office as required by law. Notwithstanding this Council Agenda, the Council may bold a public hearing on any item which has been posted in advance in compliance with the Sunshine Law.