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MANOA NEIGHBORHOOD BOARD REGULAR MEETING MINUTES WEDNESDAY, OCTOBER 3, 2007 NOELANI ELEMENTARY SCHOOL CAFETERIA CALL TO ORDER: At 7:02 p.m., Chair Paul Holtrop called the meeting to order with thirteen members present and introduced the members of the Manoa Neighborhood Board. He announced at the last meeting the Board voted to recommend to the Department of Planning and Permitting (DPP) that the application to place a cell phone tower in the Chinese cemetery be denied. That portion of the meeting was not broadcast due to the length of the meeting. MEMBERS PRESENT: Gary Andersen, Rodney Chun, Eric Eads, Francisco Figueiredo, Tom Heinrich, Paul Holtrop, Dwight Jackson, John Kim, Brandon Mitsuda, George Nakano, Nadine Nishioka, Milton Ragsdale, and Glen Tanaka. (Seventeen seats, two vacancies -quorum is nine members). MEMBERS ABSENT: Rose Niimoto and Nathan Say. GUESTS: Larry Reifurth (Governor’s Representative); Susan Miyao (Senator Taniguchi’s Office staff); Lt. A. Kurosu, Sgt. H, Ishida, Officer J. Hendricks (Honolulu Police Department); Councilmember Ann Kobayashi; Jim Manke (University of Hawaii); Hubert Minn (Senior Advisor Department of Customer Services); Helen Nakano (Malama o Manoa); Joe Paikai; Representative Kirk Caldwell; Marta Campos; Joseph Campos; Senator Brian Taniguchi; Richard Yamashiro; Vicky Yamashiro; Pat Lee (HHCTCP), Captain Clyde Shimaburkuro (Honolulu Fire Department); Bryan Mick ( FILLING OF VACANCIES: The Chair asked if there were any people interested in filling any of the vacancies in Subdistrict IV. No one was. PUBLIC SAFETY INPUT: Fire tip of the month: When selecting Halloween costumes, ensure they are flame-resistant, made of lightweight fabric, brightly colored, and clearly visible to motorists. Decorate costumes and bags with reflective tape. Keep the length of costumes short to prevent tripping. A natural mask of cosmetics is better than a mask that may restrict breathing or obscure vision. Children should carry flashlights to light their way. The 2007 Fire Fighter's Safety Guide will also be distributed to all elementary schools. In addition, the Honolulu Fire Department would like to take this opportunity to remind the community that the HFD provides assistance to the Honolulu Emergency Services Department (HESD) by responding cooperatively when the need for emergency care arises. Due to the HFD’s 42 fire station and the HESD’s ambulance units, we are able to provide quality patient care and protect the citizens of the City and Captain Shimaburkuro said that he had an answer from a previous meeting’s question as to why the Hawaiian Electric Company (HECO) doesn’t turn off power to power lines when a fire is being fought in the vicinity of those lines. HECO will turn off power when HFD requests it, and they will also strive to reroute power thru other avenues so that the customers will not be left in the dark. Questions, answers, and comments: The Chair asked if there were any statistics on the amount of accidents at the S curve near the intersection of HONOLULU POLICE DEPARTMENT (HPD) – Officer Hendricks distributed his report and added that the report now included a month by month comparison for the past six months. For the month of September compared to August, Questions, answers, and comments: 1) Officer Hendricks commented that in response to the Chair’s earlier question, the S curve does not have an excessive amount of accidents. He added that there will be more cars on the road during the holiday season, so please drive carefully. 2) Heinrich thanked everyone who participated in the recent anti-graffiti day. He heard that on the night of that event; two people were arrested for graffiti. Officer Hendricks added that photos from the anti-graffiti event were on the HPD website at http://www.honolulupd.org/patrol/d7/ 3) The Chair said he had received a call from a resident concerned about speeding in the afternoon on COMMUNITY INPUT: MAYOR’S REPORT- Hubert Questions, answers, and comments: 1) Nishioka commented that on Saturday, she observed a City Crew cleaning leaves off a bridge by throwing them over the side of the bridge back into the stream. 2) Heinrich commented that taggers had graffitied the The Chair mentioned the community portion of the agenda would be taken out of order. SENATOR BRIAN TANIGUCHI - Senator Taniguchi reported that a community meeting on the feral pig population control project was well attended by the community. The Department of Land and Natural Resources (DLNR) will modify the program based on what they were told at that meeting. Anther meeting to discuss Adult Residential Care Homes (ARCH) was also well attended. The next legislative session will feature some bills relating to ARCH’s. REPRESENTATIVE KIRK CALDWELL – Representative Caldwell invited people to the upcoming community clean up day, where one can see Senator Taniguchi sweat. Many residents have recently complained about large planes flying low over the valley. An inquiry to the Federal Aviation Administration (FAA) has been sent. He would also like to encourage people to submit ideas for bills that they would like to see introduced at this next session. Questions, answers, and comments: 1) Ragsdale asked if there was any movement of the effort to get the Office of Hawaiian Affairs (OHA) to disclose how much money they spent on lobbying for the Akaka bill. Representative Caldwell said he was not sure. Ragsdale also asked how OHA is legally able to set-up a non-profit organization to manage 2) Andersen asked if either chamber would be addressing carrying capacity this coming session. Representative Caldwell replied not directly, but the 3) Tanaka said that he is a flight instructor. Global Positioning technology (GPS) allows planes to come right over the mountains at a low altitude. Representative Caldwell said the residents have estimated the planes at 8,500 feet, and by the size of the planes it would appear to be trans-pac flights. 4) Eads commented that he thinks the Board should help define the terms for the COUNCILMEMBER ANN KOBAYASHI – Councilmember Kobayashi announced that she had met with the new head of Lyon Arboretum, Christopher Dunn. He would like to see the ownership of Questions, answers, and comments: 1) The Chair commented that 2) Heinrich asked on the status of a proposal to rename the McCully Fire Station to the McCully/Moiliili Fire Station. Councilmember Kobayashi said that proposal did pass out of committee and will go in front of the entire Council. Since the station was demolished and a new one is being built, the proposal makes sense. 3) Andersen asked if municipal golf courses use gray water. Councilmember Kobayashi responds that the Ewa courses do, but she was not sure about Ala Wai golf course. Andersen asked if private courses do. Councilmember Kobayashi said she would try and find out. 4) Eads asked if she would be going on the radio anytime soon. Councilmember Kobayashi said she has been on before, and was on KZOO this morning. Eads commented that he believes 5) Kim asked what the status of the bus fixed guideway. Councilmember Kobayashi said the Council is still deciding these things. It is similar to building rail, just there are no tracks. No dates have been set by the Council on this issue yet. The Department of Transportation Services (DTS) keeps talking about bus systems that don’t work, she wishes they would talk about ones that do. 6) Heinrich asked if the Transit Orientated Development (TOD) amendments that DPP Director Eng has said are being drafted have been presented to the Council yet. Councilmember Kobayashi replied they have not. 7) Nishioka asked when the repaving of 8) Councilmember Kobayashi invited everyone to attend the 4th Annual Community clean-up on October 13, 2007 at GOVERNOR’S REPORT – The Chair reported that Larry Reifurth, Director of the Department of Commerce and Consumer Affairs (DCCA), was unable to attend. Any question could be sent directly to him or thru the Chair. Reifurth could be contacted at 586-2885 and lreifurth@dcca.hawaii.gov Questions, answers, and comments: 1) Heinrich commented that the long range plan for Manoa would consolidate the security and communications division into one facility. He added that the private event, featuring Aerosmith, seemed to go well and have no adverse impact on traffic. However, some concerns exist about the proceeds only going to the athletic department and not the University’s general funds. He asked if the Mo’ili’ili gateway entrance will receive improvements. Heinrich announced that 2) Andersen commented that he was leafing thru the alumni magazine and could not find an order form for alumni clothes and paraphernalia. He thinks the magazine would be a good place to advertise those things. He also commented that the campus security personnel tend to be ‘rotund’, and he wondered if they would be able to pursue a suspect. He suggested a bike patrol. Manke replied that there is a seven bike patrol that was instituted 18 months ago. If a situation has escalated to the point of a chase, then HPD would take over. Campus security personnel are not full blown officers. Andersen asked why not. Manke said that issue is a hot topic, especially the notion of arming the campus security guards. 3) Nishioka commented that she had been a Resident Advisor (RA) when living in the dorms, and was only given a flashlight to patrol with. She suggests providing RA’s with a walkie-talkie. Manke said that was a good idea, and that he knows the RA program recently revamped their operating procedures. 4) The Chair asked if the arming proposal was for the regular security officers and/or the private Freeman guards. Manke explained this only dealt with regular security; the Freeman guards only handle parking issues. 5) The Chair added that the hours of 11:00 p.m. to 7:00 a.m. are restricted at PRESENTATIONS: MALAMA O MANOA - Helen Nakano reported that Malama o Manoa is very concerned with the APPROVAL OF THE SEPTEMBER 5, 2007 MINUTES – The following corrections were offered by the Neighborhood Assistant: Page 6 Line 22 - “The Chair agreed, and said thee…” Page 10 Line 12 – “phone does not have good service ion in the back of the valley…..” Page 10, Line 13 – “Representative Kirk Caldwell said that he had written …” Page 10, Line 17 – “He knows the cemetery cold could use the money Page 9, Line 47 – “Laurie Chang commented that she had seen towers…..” Page 9, Line 49 – “and she hopes the proposal is rejected…” The Chair asked if there were any additional corrections. Nakano offered the following corrections: Page 1 Line 33 – “Say Tanaka was appointed unanimously 11-0-0.” The minutes were adopted 13-0-0. (Andersen, Chun, Eads, Figueiredo, Heinrich, Holtrop, Jackson, Kim, Mitsuda, Nakano, Nishioka, Ragsdale, and Tanaka). CONDITIONAL USE PERMIT (CUP) FOR GROUP LIVING AT Questions, answers, and comments: 1) Andersen asked if Paikai had met with the neighbors since last month’s presentation. Paikai said he had not. 2) Heinrich commented he had circulated a draft resolution to be voted upon tonight in regards to this. The Chair commented it would be considered after some more discussion. Heinrich said he had talked to Paikai since last meeting and visited the property. There is an old style crosswalk and a fire hydrant in the front. There is a yield right turn nearby, as well as an off ramp from H-1. He hopes that DPP will look at is there are adequate exits and fire suppression measures in place. He also commented that it has been clarified that this is for a CUP Major, which requires a public hearing. 3) Kim said that according to how he reads City ordinance, 10.25 parking stalls are required. 4) The Chair asked if the agenda should be amended since it is now known that this is a Major application. Heinrich replied that since this means there will be more opportunities for public input, he doesn’t think that is necessary. The Neighborhood Assistant concurred. 5) Eads said the house rules are good, but wondered to what extent they could be enforced. He also asked if non-students be evicted. Paikai replied he thought they could be evicted, and added that the application with DPP will stipulate that any desire to change the use away from student housing will require the owner to come back to the Board and to DPP. Age and gender cannot be used to select renters, but student status can be. DPP will set the parking spaces requirement. The owner is also concerned about auto accidents, and does not want residents trying to back out of the driveway. 6) Nakano commented that this is a residential area and this proposal calls for doubling the legal limit of five unrelated people in the same house. It’s all about the money, and he thinks it is unfair to the neighbors. He wanted to hear from them. 7) Resident Richard Yamashiro introduced himself as a neighbor and commented that his family does have concerns about parking and security in relation to this proposal. To him, this is a simple question of if this is a good idea or not. He feels there are just too many problems generated by it. It is basically taking a residential house and turning it into an apartment. The Chair asked why this property would encounter problems that Yamashiro’s family, who rents their house to students, would not. Yamashiro replied they only have two tenets, not eleven. 8) Resident Marta Campos introduced herself and said she lives two houses down from this property. She is worried about pedestrian safety, as cars tend to back out of this driveway. There is not enough room for them to turn around under the current parking configuration, so it is inevitable. Cars also drag mud across the sidewalk after it rains. There is another eleven room house being built nearby. If this CUP is granted, they will apply for one as well. 9) Resident Joseph Campos introduced himself and said there is a difference between renting to three people and to eleven. The Chair asked what the difference was. 10) Vicky Yamashiro wondered how cars can turn around in such a tight driveway. If they can’t it means they will be backing out into the street. 11) Andersen commented that there might be some health regulation considerations with eleven people sharing one washer and dryer. He asked Paikai if he could produce the certified letter receipts. Paikai affirmed that he could, and explained that the letters only go to adjoining property owners. He did not know if any health regulations are applicable. Andersen asked if a definition of student had been set, and if not, wouldn’t someone taking a one credit class qualify. Paikai said the definition had not been set yet. He added that they are apartment complexes in the area, including illegal ones. DPP regulations require 1000 feet between dorms. Andersen asked if the Board could find out what the proposed rent would be at this property. Paikai explained he had not been provided with the rates yet. Andersen asked why he had not met with the neighbors following last month’s meeting. Paikai said that was his oversight, he had not obtained their phone numbers at the last meeting. Vicky Yamashiro said Paikai knew who her realtor was and could have contacted her. She added that Paikai applied to DPP before he presented to the Board in June. Heinrich said there was not Board meeting in June, and the videotape from last month’s meeting show that the neighbors were unwilling to meet with Paikai. DPP has the final say in this matter, and neighbor’s concerns should be sent to them. It should not matter if someone likes the owner or their agent; it’s about legal and prudent uses of a property. He feels the variance being asked by another Manoa property owner to allow them to conduct a church on their property is substantially different than this CUP application. 12) Nishioka commented that the Board’s role is that of an advisor to government agencies, but she feels the rental contract should allow for evictions when house rules are broken. 13) Andersen commented that he is conflicted, due to the uncertainty of the minimum number of required stalls. His vote would change if it is true that ten stalls must be provided. Kim responded that was his reading of the City ordinances governing group living facilities. It also requires all driveways to be built from an all weather surface. He added that he is worried about the Board overstepping it bounds by commenting on what the house rules should contain. Ragsdale asked if this ordinance applied to dorms or residences. Kim said dorms. Ragsdale commented that this is a residence, not dorms. Kim said under the ordinance, this would qualify as a dorm once the CUP Major was granted. Ragsdale said everyone should let DPP deal with this issue. 14) Tanaka said he would not want a house like this next to his. This could turn into low-income housing. 15) Eads commented that the applicable laws must be followed. He lived across from a ‘flop house’ that had two dozen people staying in it. He commends Paikai and the owners for trying to comply with the laws and as long as they are sensitive to the neighbors concerns, he is okay with them. 16) Nakano said he is all for property rights. The owner has taken the first legal step, and the Board now has enough information to decide if they want to make a recommendation or not. He would like to hear the motion that will be proposed on this matter. 17) Richard Yamashiro commented that the Board can only advise DPP of the communities concerns; DPP is the agency to deal with questions of legality. 18) Joseph Campos thanked the Board for informing everyone that DPP will be holding a public hearing on this matter. He has watched this property add more and more bedrooms over the years. Heinrich moved that the Board adopt a resolution which included “BE IT RESOLVED by the Manoa Neighborhood Board No. 7 that it does not oppose the issuance of a Conditional Use Permit-Major for a group living facility at 2212 Wilder Avenue PROVIDED that the Department of Planning & Permitting crafts appropriate conditions to be met by the applicants relating to: (1) any change away from student tenants and an on-site resident manager shall require the applicants to (a) file for an amendment or modification to the CUP with the Department of Planning & Permitting, and (b) make a public presentation before the Manoa Neighborhood Board; (2) the number of required parking stalls and manner of entering the street for traffic safety; (3) number of exits, etc. for fire safety in the old structure; (4) installation of landscaping in and across the front yard; and (5) making reasonable improvements in the public right-of-way fronting the parcel in accordance with Ordinance 2412, especially as relates to the driveway, crosswalk, and ADA ramp requirements.” The motion was seconded by Ragsdale. 1) Tanaka asked why the phrase “does not oppose” was used. He thinks that may cause DPP to believe the Board approves the application. Heinrich said DPP will catch onto the very specific language in this resolution. This means that the Board is neutral on the matter provided that the conditions are met. Ragsdale suggested that perhaps a line should be added that if the conditions are not met, the Board opposes the application. Nakano urged the line to be added to prevent any misunderstanding by DPP. 2) Nishioka said that the flyer Paikai passed out tonight said there would be five stalls, but the resolution refers to six to eight stalls. Heinrich said the resolution makes it clear that six to eight was the number of stalls represented to the Board at their September 5 meeting. DPP can inquire as to the discrepancy if one exists on the final application. 3) Ragsdale suggested that this CUP be written so that it terminates if the current owner sells the property. Heinrich said that was not possible, permits stay with a property. However a line reading “or sale of the property” could be added to the resolution after “any change away from student housing and an on-site resident manager.” Heinrich also suggested adding at the end of the resolution the line “if above conditions are not addressed than the Board does not approve the issuance of a CUP Major.” 4) Kim commented he would oppose this application until he could see the formal application. Heinrich replied it was not the Board’s place to review the application. That is DPP’s responsibility. 5) Tanaka wondered if he voted against the resolution with the words “does not oppose,” does that mean he does oppose the application. 6) Nakano said with the provisions and clarifications proposed, he would vote in favor of this resolution. 7) The Chair asked if Heinrich would like to amend the draft. Heinrich moved to add the lines “or sale of the property…” “twelve be the maximum amount of tenants under the circumstances…” and “If the above provisions are not approximately addressed by DPP, the Board shall not support the issuance of the CUP major.” Ragsdale seconded the amended resolution. 8) 9) The Chair asked if all the conditions have to be met for the Board to not oppose the application. Heinrich replied that the resolution says all conditions must be appropriately addressed by DPP. The resolution allows the Board to then say if they think DPP properly addressed the issues. 10) Kim suggested eliminating the double negative of “does not oppose” and replacing it with ‘supports.’ Ragsdale said that the phrase keeps the Board neutral on the subject while allowing the concerns of the residents to be transmitted to DPP. It says those conditions must be met for the Board to remain neutral. The motion to adopt the amended resolution failed, 8-5-0. (Aye: Chun, Eads, Figueiredo, Heinrich, Holtrop, Kim, Nakano, and Ragsdale. Nay: Andersen, Jackson, Mitsuda, Nishioka, and Tanaka.) (17 members, nine votes needed to pass any motion). Nakano moved that the Board oppose the issuance of the CUP major for a group living facility at Andersen called for the question. The Chair asked if there were any objections. There were none. The motion failed 7-6-0. (Aye: Andersen, Figueiredo, Jackson, Kim, Mitsuda, Nakano, and Tanaka. Nay: Chun, Eads, Heinrich, Holtrop, Nishioka, and Ragsdale, TREASURER REPORT – The Chair reported that for September, $14.68 was spent to print the agendas and minutes, $500.06 facility rental in the previous fiscal year, $43.05 was spent to mail them. The Board currently has $904.48 in its operating account, $2,290.48 in its publicity, and $120 in the refreshment account. PLANNING, TRANSPORTATION, AND PUBLIC SAFETY COMMITTEE– Heinrich reported that Mitsuda and himself were the only official members of the committee, but he would like to welcome everyone to attend their meetings. He hopes to have the first meeting soon, possible on a Sunday at ANNOUNCEMENTS: 1) The Chair announced the Discover Moiliili Day -- Saturday October 6, 9:00 a.m. - 2:30 p.m. 2) Andersen asked that everyone keep an eye out for kids during the upcoming holidays. And he invited everyone watching the telecast to join the Board at their next meeting. 3) The Chair announced that Lyon Arboretum has a monthly clean up on the first Saturday of the month at 8:00 am. The new Director of the Arboretum will be visiting the Board meeting next month. 4) The Chair announced that Shred-ex would be available to shred your documents at the Fourth Annual Community Cleanup Day: Saturday October 13, 2007, 8:00 am – 2:00 p.m. at Kaimuki High School– Proceeds to benefit Kaimuki HS, Kapahulu and 5) Heinrich reported that the public hearing notice for the draft revised Neighborhood Plan had just been published. The hearings will be held on November 3 and 5. The Corporation Counsel had added some new elements to the draft after their review. December 7 is the deadline for people to submit written comments. He asked that the Neighborhood Commission Office put a copy of the notice upon the website. He asked if the Draft Plan was already posted. Mick replied that it was. ADJOURNMENT: Without objection, the meeting was adjourned at 9:58 p.m. Submitted by: Bryan Mick, |
| Thursday, November 01, 2007 |