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HomeMy WebLinkAbout2006-06-28 agendaCOUNCIL MEETING NOTICE and AGENDA WEDNESDAY, JUNE 28, 2006 9:00 A.M. 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 May 10, 2006 Special Meeting of May 31, 2006 Special Meeting of June 15, 2006 (Public Access, (_~~en Space, Natural Resources Preservation Fund Commission interviews) Public Hearing of June 15, 2006, re: Bills Nos. 2182 and 2183 CUMMUNICATIUNS: C 2006-196 Communication (05/24/2006) from the Planning Director, transmitting the Planning Commission's recommendation to amend the General Plan of the County of Kauai and approve the Kilauea Town Core Sub-Area Plan, General Plan Amendment GPA- 2006-1, Various Plats and Parcels within the Zone 5, Section 2 tax map covering Kilauea town. (County of Kauai, Applicant) (Stciff report cirud evcducitiora, cirud Plciruruirug Com.m.issioru m.iruutes of November 22, 2005, January 24, 2006, and March 28, 2006 are on file iar fire County Clerk's nffi.ce.) (See Proposed Draft Bill No. 2187) (Deferred pendiarg submittal of a revised bill 06/15/2006) C 2006-211 Request (06/06/2006) from the Office of the County Attorney for authorization to expend additional funds of up to $100,000 from the special counsel account to continue to retain outside counsel to represent County entities in Darla Abbatiello v. County of Iiaua`i, et al., Civ. No. 04-00562 SOM/BMIi and associated matters. (Deferred 06/15/2006) Council Meeting Agenda 2 June 28, 2006 C 2006-212 Request (06/06/2006) from the Office of the County Attorney for authorization to upend additional special counsel funds of up to $150,000 to continue to retain special counsel to represent County entities in lone C. Lum v. Kauai County Council, et al., Civ. No. 06-00068 S(_)M/BMIi (U.S. District Court, District of Hawaii) and related matters. (Deferred 06/15/2006) (~' 2006-222 Commnunication (06/07/2006) from Councihnember Shaylene Iseri- Carvalho, transmitting for Council consideration, an amendment to Section 23-1.7 of the Kauai County Code 1987, as amended, increasing tau fares. (See Proposed Draft Bill No. 2188) (~' 2006-223 Commnunication (06/16/2006) from Councilmember JoAiui A. Yukimura, requesting Council support of a resolution requesting that the Administration negotiate for land and plan for the development of amulti-purpose community center in Hanama`ulu. (See Resolutioru No. 2006-23) C 2006-224 Communication (06/05/2006) from the Chief, Building Division, transmitting the Monthly Report on Building Permit Information for the month of May, 2006. C 2006-225 Communication (06/05/2006) from the Executive on Housing, requesting Council approval to: 1. repurchase the property at 365 Hale Place, Kapa`a, Kauai for $195,000; 2. resell the property as a long term leasehold estate for $215,000; and 3. to authorize the County Clerk to sign legal documents related to the repurchase and leasehold sale transactions. (~' 2006-226 Commnunication (06/16/2006) from the Solid Waste Programs Administrative Officer, requesting Council approval to receive and expend $65,308 in DBC (Deposit Beverage Container) grant funds, provided by the Hawaii State Department of Health, to hire a second Recycling Specialist to assist in overseeing related program activities on Iiaua`i, and as with the current Recycling Specialist position, will be a temporary hire. Council Meeting Agenda 8 June 28, 2006 C 2006-227 Communication (06/21/2006) from the Director, Offices of Community Assistance, requesting Council approval to apply for, receive, and expend the Title V, Office of Youth Services grant for $60,000, that will be utilized to establish a Big Brothers Big Sisters mentoring project of grade school children, by high school students and adults at designated sites, and requires a match of $15,000 cash and $15,000 in-kind funds. (~' 2006-228 Oormnunication (05/25/2006) from JoAiui A. Yukimura, Planning Oormnittee ('hair, and Jay Furfaro, Economic Development Oormnittee ('hair, transmitting for Oouncil action, a resolution supporting the Iioloa-Po`ipu Master Transportation (~'irculation Planning Process. (See Resolution No. 2006-24) (~' 2006-229 Oormnunication (06/16/2006) from the Director of Planning, transmitting the Planning Oomrnission's recommendation to approve State Land Use District Boundary Amendment petition A-2006-1 by changing from the State Agricultural District to Urban District, affecting approximately 15 acres within the Lihu`e District as noted in Applicant's petition. (IiD Golf Ownership LL(~', Applicant) (Stciff r~epor~t, eucilucitioru cirud Appliccirrt's petition cir~e oru file iru the Couruty Clerk's Office.) (See Proposed Dr~cift Bill No. 2189) C 2006-230 Communication (06/16/2006) from the Director of Planning, transmitting the Planning Commission's recommendation to approve General Plan Amendment petition GPA-2006-2 by changing from "Open" to "Resort", by amending approximately 190 acres of the General Plan within the Lihu`e District as noted in the Applicant's petition. (haua`i Lagoons LLC, and IiD Golf Ownership LLC, Applicants) (Stciff r~epor~t, eucilucitiora, cirud Appliccirrt's petition cir~e oru file iru the Couruty Clerk's Office.) (See Proposed Dr~cift Bill No. 2190) (~' 2006-231 Oormnunication (06/16/2006) from the Director of Planning, transmitting the Planning Oomrnission's recommendation to approve Zoning Amendment ZA-2006-5 by: 1. amending the Oounty zoning map ZM-NW-400 by designating Tax Map hey 3-5-Ol:por.27, por.168, 172, and 173 as a Visitor Destination Area; 2. amending the Oounty Zoning Map ZM-NW-400 from ()pen District ((_)) to Residential District (R-2) and Resort District (RR-20) on parcels identified by Tax Map hey 8-5-Ol:por.27, por. 168, por.172, and from Limited Industrial District (I-L) to Residential District (R-20) on Tax Map Iiey 8-5-01:165; and Council Meeting Agenda 4 June 28, 2006 8. amending selected conditions of Ordinance No. PM-2002-363. (Iiaua`i Lagoons LLC, IiD Golf Ownership LLC and IiD Iiapule LLC Applicant) (Stciff r~epor~t, eucilnciti.orr, cirad Appliccirrt's petition, cir~e oru file tiro the Couruty Clerk's Office.) (See Proposed Dr~cift Bills Nos. 2191 cirud 2192) LEGAL DOCUMENTS: C 2006-232 a) Limited Warranty Deed from New Seacliff Estates, LLC, conveying Lot 26-A (a 75.431 acre lot), Seacliff Plantation At I~lauea Bay, I~lauea, I~aua`i, Hawaii, TMI~: (4) 5-2-04:47 (por.) and 99 (por.), to the County of Iiaua`i to fulfill certain conditions of SMA Use Permit SMA(U)-82-2; and b) Grant of Easement B from New Seacliff Estates, LLC, conveying Easement B (consisting of 5.678 acres), located on Unit B, Seacliff Gardens Condominium Lot 26-B, Seacliff Plantation At I~lauea Bay Subdivision, I~lauea, I~aua`i, Hawaii, TMI~: (4) 5-2-04:47 (por.) and 99 (por.) (CPR No. 2), to theCounty of Iiaua`i for an access easement across the Iiahili C~luarry Road parcel. as recommended for approval by the Planning Director Ian Costa in his communication dated May 28, 2006. C 2006-233 Communication (06/09/2006) from the Chief, Building Division, Department of Public Works, requesting Council approval to enter into a Right-of-Entry agreement with the State Department of Land and Natural Resources, which includes an indemnification of the State of Hawaii, Department of Land and Natural Resources, for the purpose of providing public users a route to use on lands encumbered by General Lease 5-8832 to Pixar Development LLC Iiapa`a Town Lots, Iiapa`a, Iiaua`i, Tam Map Iiey: (4) 4-5-011:046, during the construction of the new bicycle and pedestrian bridge, for cone-year period commencing on date of notification by the County of I~aua`i. CLAIMS: C 2006-234 Commnunication (06/07/2006) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Dean and Nicol Nonaka, for damages to their vehicle, pursuant to Section 23.06, Charter of the County of I~aua`i. Council Meeting Agenda 5 June 28, 2006 C 2006-235 Communication (06/08/2006) from the County Clerk, transxrutting a claim filed against the County of Kauai by Maurizia Zann, for damages to her vehicle, pursuant to Section 23.06, Charter of the County of Iiaua`i. C 2006-236 C'oxmnunication (06/08/2006) from the County Clerk, transmitting a claim filed against the County of Kauai by Robert E. Ackerfield, for damages to his vehicle, pursuant to Section 28.06. Charter of the County of Kauai. C 2006-237 Communication (06/09/2006) from the County Clerk transmitting a claim filed against the Coxmty of Kauai by Island Insurance Co. for Solomon Torio, for damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. C 2006-238 Communication (06/13/2006) from the County Clerk, transmitting a claim filed against the County of Iaua`i by Michel Pelletier, for damages to his personal property, pursuant to Section 23.06, Charter of the County of Kauai. C 2006-`289 C'oxmmmication (06/14/2006) from the County Clerk, transmitting a claim filed against the County of Kauai by Moksha McClure, for damages to her vehicle, pursuant to Section 23.06, Charter of the County of Iiaua`i. C 2006-`240 Co~mnunication (06/16/2006) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Moksha McClure, for damages to her vehicle, pursuant to Section 23.06, Charter of the County of Iiaua`i. C 2006-241 Commmunication (06!15!2006) from the County Clerk, transmitting a claim filed against the County of Iiaua`i by Chito P. (xarduque, for damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. Council Meeting Agenda 6 June 28, 2006 Cc_)MMITTEE REPc_)RTS: ECONOMIC DEVELOPMENT COMMITTEE REPORT: C'R-ED 2006-1: on ED 2006-1 Connnunication (6/7/2006) from Diane Zachary, President & ~"EO, Iiaua'i Planning ~ Action Alliance, Inc., requesting agenda time to share with the Committee the inclicators selected for "Measux2ng What Matters for Iiaua'i" . [Received for the record.] COMMUNITY ASSISTANCE COMMITTEE REPORT: CR-CA 2006-11: on Bill No. 2183 A BILL FUR AN ORDINANCE AMENDING CHAPTER 17A, KATJA`I COTJNTY CODE 1957, AS AMENDED, RELATING TO BTJS FARES FOR THE CUUNTY BUS SYSTEM [Approved as amended.] PARKS & PUBLIC WORKS COMMITTEE REPORT: CR-PPW 2006-24: on Bill No. 2152 AN ORDINANCE AMENDING ORDINANCE NO. B- 2006-633 AS AMENDED, RELATING TU THE CAPITAL BTJDGET OF THE COTJNTY OF KATJA`I, STATE OF HAWAII, FOR THE FISCAL YEAR JTJLY 1, 2006 THROUGH JUNE 30, 2006, BY REVISING THE STJRPLTJS AND APPROPRIATIONS ESTIMATED IN THE BOND FTJND (<$850,000> Solid Waste Programs) [Approved.] RESOLUTIONS: Resolution No. 2006-28, RES(_)LUTI(_)N RE(aUESTING THE ADMINISTRATIc_)N Tc_) NEGc_)TIATE AND PLAN Fc_)R A Cc_)MMUNITY CENTER IN HANAMA'ULU Resolution No. 2006-24, RES(_)LUTI(_)N IN SUPP(_)RT OF THE K6LUA- Pc_)'IPLT MASTER TRANSPc_)RTATIc_)N CIRCULATIc_)N PLANNING PRc_)CESS BILLS Fc_)R FIRST READING: Proposed Draft Bill No. 2187 - A BILL F(_)R AN ORDINANCE T(_) AMEND THE GENERAL PLAN Dc_)CUMENT OF THE Cc_)UNTY OF IiAUA'I, Nc_)VEMBER 2000 Council Meeting Agenda 7 June 28, 2006 Proposed Draft Bill No. 2188 - A BILL F(_)R AN URDINANCE AMENDING SECTIc_)N 28-1.7, IiAUA`I Cc_)UNTY Cc_)DE 1987, AS AMENDED, RELATING Tc_) TAYI FARE Proposed Draft Bill No. 2189 - A BILL F(_)R AN URDINANCE AMENDING STATE LAND USE DISTRICT B(_)UNDARY IN NAWILIWILI, IiAUA`I (IiD Golf ( )wnership LLC, Applicant) Proposed Draft Bill No. 2190 - A BILL F( )R AN ORDINANCE AMENDING CHAPTER 7, I~AUA`I COUNTY CODE 1987, RELATING TO GENERAL PLAN DESIGNATION IN NAWILIWILI, KAUAI (I~aua`i Lagoons LLC, and IUD Golf ( )wnership LLC, Applicants) Proposed Draft Bill No. 2191 - A BILL F( )R AN ORDINANCE AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO ZONING DESIGNATION IN NAWILIWILI, KAUAI (I~aua`i Lagoons LLC, KD Golf )wnership LLC, and KD Kapule LLC, Applicants) Proposed Draft Bill No. 2192 - A BILL F(_)R AN URDINANCE T(_) AMEND CHAPTER 8, ARTICLE 17, IiAUA`I Cc_)UNTY Cc_)DE 1987 RELATING Tc_) VISITc_)R DESTINATIc_)N AREA DESIGNATIc_)N IN NAWILIWILI, IiAUA`I (Kaua`i Lagoons LLC and IiD Golf (_)wnership LLC Applicants) BILLS Fc_)R SECc_)ND READING: Bill No. 2183, Draft 1 - A BILL F(_)R AN URDINANCE AMENDING CHAPTER 17A, IiAUA`I Cc_)UNTY Cc_)DE 1987, AS AMENDED, RELATING Tc_) BUS FARES F(_)R THE C(_)UNTY BUS SYSTEM (The Com.marruity Assistciruce Committee r~ecommerrded cippr~oucd cis cimerrded ora 06/21 /2006) Bill No. 2182 - AN ORDINANCE AMENDING ORDINANCE NO. B-2005-633 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, F( )R THE FISCAL YEAR JULY 1, 2005 THR( )UGH JUNE 30, 2006, BY REVISING THE SURPLUS AND APPR( )PRIATIONS ESTIMATED IN THE BOND FUND (<$350,000> Solid Waste Programs) (Tire Parks & Public IVorks Committee recommended approval orr 06/21 /2006) Council Meeting Agenda 8 June 28, 2006 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. X92-5(a). (Confidential repai°ts on file in the. County Attorney's Office, and,/ar the County (,~`lerk's (?ffice. Discussions held in Ea:ecactr,ve Session are, closed to the pacblic..} ES-228 Pursuant to Haw.Rev.Stat. ~~92-4, 92-5(a)(4),(5),(6) and (8), and 92F- 13(1)-(4), the purpose of this executive session is for the Council to receive a briefing and legal analysis from counsel on Darla Abbatiello v. County of Kauai, et al., Civ. No. 04-00562 SOM/BMK (U.S. District Court, District of Hawai`i), and to permit the Council to consult with counsel regarding the case. This 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-229 Pursuant to Haw.Rev.Stat. ~§92-4, 92-5(a)(4),(6) and (8), and 92F- 13(2)-(4), the purpose of this executive session is for the Council to receive a briefing and legal analysis from counsel on King C. Lum v. Kauai County Council, et al., Civ. No. 06-00068 SOM/BMK (U.S. District Court, District of Hawai`i), and to permit the Council to consult with counsel regarding the case. This 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. 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 246, LIHU`E, KAUAI. TELEPHONE NO. 241-6371.