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Home My WebLink AboutCOM 0370.007 2002-2004 vv or GARY SAFARIK ~ PHONE: 961-8267 Councilmember r FAX: 961-8912 'BN' JAN S P~1 3 20 COUNTY COUNCIL C~,,~, County ojHawai'i January 5, 2004 Hawaii CountyBui[ding {/'.,;n/nil 25 Aupuni Street f/ilo, Hawaii 96720 MEMORANDUM TO: .lames Y. Arakaki, Chairperson Hawaii County Council FROM: Gary S. Safarik, Councilperson ~j-f~y ~S Hawaii County Council SUBJECT: Veto of Bill 160, Draft 3 Applicant: Puna Sugar Mill, LLC Enclosed is the letter from the Mayor dated December 16, 2003, concerning his veto of Bill 160, Draft 3. The Mayor cited Planning Director Yuen's concerns over the establishment of a "home improvement center" in Condition D and its impact on traffic on the Kea'au Bypass Highway. Bill 16Q Draft 3 as passed (6-2-1) by the Hawaii County Council at its December 3, 2003 meeting incorporates your recommendation that the Council modify Condition D to require the applicant to prepare a Traffic Impact Analysis Report (TZAR) for approval by the Department of Public Works. Further, mitigation measures recommended by the TZAR are required to be installed prior to issuance of a certificate of occupancy for the home improvement center. The Mayor also states in his veto letter that there is no other transit route that will be constructed in the immediately foreseeable future and that until such time as an alternate traffic corridor is built to service lower Puna's growing population, the County should prevent congestion that necessitated the construction of the Bypass Highway. Please note that [understand the Mayor's concerns and wrote to the Mayor (see enclosed letter dated December 23, 2003) requesting the release of funding ($250,000) appropriated under Ordinance 02-79 for the Puna Makai Alternate Route Study, which is scheduled to lapse on June 30, 2004. I believe the Council has taken the correct approach in Condition D to address the issue of traffic congestion along the Keaa'u Bypass Highway. The Council has also addressed the issue of an alternate traffic route for lower Puna with its appropriation for the Study and we await release of the funds by the Mayor to begin the Study. Comm. 370• Ref. Tw~`~ ti Dis[rict V -Puna Mukai ~-~q Ref.Oote ~ ~~v or c9'-~` 1,Ivy; Harry Kim ~ Dixie Kae[su Managing Direc[or Mayor , r^ ' 1 1 •o~•H~;.ir` Peter L. Hendricks • 03 DEC 19 Pal D~+uM MN[aging Director QCountp of ~amai t ~1 25 Aupuni Street, Room 215 Hilq Hawaii 96720-4252 • (608)961-8211 • Fax (rt~~Daa,a'~~l="6SS3 ~L`-~ ~"lwl KONA. 75->706 Kuakini Highway, Sui[e 103 Kailua-Kona, Hawaii ~~N-l IP" ~t1 •r (808)329-5226 tax (808)326-5663 December 16, 2003 James Y. Arakaki, Chairman and Council Members Hawaii County Council Hilo, Hawaii 96720 RE: Veto of Bi11 160, Draft 3 Dear Chairman Arakaki and Council Members, I have reviewed the attached bill and after conferring with Planning Director, Chris Yuen and staff, I have decided to veto bill 160, Draft 3. The original version of Bill 160, as approved by the Planning Commission, had a Condition "D", which read as follows: D. No Home Improvement Centers may be constructed on the Limited lndustrial- zoned portion of the property. The final version of the bill omits this condition. Director Yuen's concerns over the potential establishment of a "home improvement center" and its impact on traffic on the Kea'au Bypass Highway are reasonable. Development of such a center would undermine the very purpose for which the Bypass was built, to alleviate traffic bottlenecks in the urban core of Kea'au. A big-box outlet such as Lowe's or Home Depot would potentially generate tremendous vehicular traffic and lead to significant traffic congestion. The applicant did not oppose this condition when it was initially proposed and passed by the Planning Commission. Additionally, the application stated that warehouse-type uses, rather than home improvement centers, was envisioned for this development. The Kea'au - Pahoa highway is the major traffic corridor used by the growing lower Puna population to drive to work, shop and take their children to school. There is no other transit route that will be constructed in the immediately foreseeable future. Until such time as an alternate traffic corridor is built to service lower Puna's growing population, it is important that the County takes steps to prevent the type of congestion that necessitated the construction of the Bypass in the first place. I believe the limitation on the construction of a "home improvement center" to be such a step. I urge the Council to rethink their position on this bill and include_the original condition "D" as passed by the Planning Commission. 1~~~ Comm. No.37O= b Harry K' \ Ref. ?o: U Mayor Ref. Oate ~ ~tY Pf N~ Phone: (808)961-8267 GARY SAFARIK ,q~ Fax: (808) 961-8912 Ceur~eilntember gsafarik@intet'pac.net %h.: =.'y County Council Courzry of Hawaii Hamai'i County Building - 25 Aupuni S7reet Hilo, Hawaii 96720 December 23, 2003 The Honorable Harry Kim Mayor, County of Hawaii 25 Aupuni Street Hilo. HI 96720 Dear Mayor Kim: RE: Puna Makai Alternate Route Study -Council District 5 Enclosed for your review is Ordinance No. 02-79, the Project Data/Financial Impact Statement and related map. The funding of $250,000 appropriated under Ordinance 02-79 -Puna Makai Alternate Route Study -Council District 5 is due to lapse on June 30, 2004. These funds are critical in beginning the process of identifying alternate routes between Puna Makai and Hilo to resolve severe congestion and delays caused by traffic accidents, construction projects, flooding and other civil defense emergencies. An alternative route will not only provide safe transit from areas affected by such emergencies, it will raise the level of public safety for both commuters and area residents. Please let me know if you plan to use the County appropriation in conjunction with State fiords or to simply release the funds to begin the Study. If you have any questions, please feel free to contact me. Thank you for your assistance in this matter. Sincerely Gary Safa ~ uncilme b r ' Hawaii County- ouncil I Attachments: Ordinance No. 02-79 CIP Worksheet & related map District V Puna Malcai COUNTY OF HAWAII I STATE OF HAWAII BILL NO. 209 ORDINANCE NO. 79 AN ORDINANCE AMENDING ORDINANCE NO.01-56, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THERF,OF FOR THE FISCAL YF,AR JULY I 2001 TO JUNE 30, 2002. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 01-56, as amended, Relating to Public Improvements and Financing thereof for the Fiscal Year July I, 2001 to June 30, 2002, is hereby amended by adding the following project: PUBLIC WORKS DEPARTMENT: Puna Makai Alternate Route Study -Council District 5 $250,000.00 Account No. ] 10-399-5390.24-1 I S SECTION 3. Funds for this project shall be provided from: General Obligation Bonds, Capital Projects Fund-Fund Balance and/or Other Sources $250,000.00 SECTION 4. This ordinance shall take effect upon its approval. Introduced By: COUNCI O TY O HAWAII ~I _l~, Hawaii Datc of Introduction: May 15, 2002 Dateof l~' Reading: May 15, 2002 Date oft"''Reading: June 5, 2002 Effective Date: June 17, 2002 ~gr::s:GisC:<;. .c:;tl.s. __593.. OFFICE OF THE COUNTY CLERK County of Hawaii Hilo ,Hawaii ROLL CALL VOTE Introduced By: Gary Safarik AYES NOES ARS ~ I Date Introduced: May 15, 2002 Arakaki X First Reading: May 15, 2002 Chung X Published: June 2, 2002 _ Elarionoff X ~ _ Jacobson X RFbtARtiS: Leithcad-Todd X Pisicchio X _ Safarik X Tyler X - Yagong X - 8 0 - 1 Second Reading: June 5, 2002 ROLL CALL VOTF. To Mayor: June 7, 2002 AYES NOES ABS E. Returned: _ June 17, 2002 Arakaki X Elfective: June 17, 2002 Chung X Published: June 28, 2002 Elarionoff X Jacobson X RF.bI,aRKS' Leithead-Todd X Pisicchio X - _ - Safarik X ~ - Tyler X - - Yagong X 9 0 0 i _.--1- DO HEREBY CERTIFY that the foregoing BILL was adopted by tlae County Council pteb[ished as indicated above. APPROVED AS TO FORM AND LEGALITY: - C UNCIL CHAIRMdN DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII OUNTYCLERIi Date 209 Rill Na: - - C-593 / FG:'.2 Z K-- da , Reference: _ 4ppror~'cf lJLsnpprared dvi.t._,.._--~- ) Ord No.: of l . I ~ t vt . 20 0 - - ~,ti1.~:~~ ~c.ti~ ,~a. ~ roR. z ~~~l,-,vTr° of IIr~ rI~aII County oJHawai'i PROJECT DATA /FINANCIAL IMPACT STATEMENT Fiscal Year ZODI to 2002 DEPARTMENT: Department of Public Works DATE: Apri109, 2002 PRO.IECT / P2OG2,4M NAME: Puna Makai Alternate Route Study -Council District 5 LOCATION (attach 8-l/2 x I I map): Puna, Hawaii TMK: _ COUNTY COUNCIL DISTRICT. 3 f~I'R~t1ESTED: ~ 25Q000.00 PROJECT /PROGRAM DESCRIPTION: A comprehensive study to identify alternate commuter routes between Puna Makai -Council District 5 and Hilo. ~ _ _ EJECT/PROGRAM JUSTIFICATION: Currently, between Puna Makai and Hilo there exists only one arterial route, Highway 130. As the only ingress and egress over 18,518 people travel this road daily. During traffic accidents, construction projects, flooding and other civil defense emergencies congestion along Highway 130 reaches a near critical level causing severe delays and preventing safe transit from affected areas. The intended study aimed at identifying alternate routes betweet Puna Makai and Hilo, is a preliminary step in resolving this problem and raising the level of public safety for both commuters and area residents. Prior This FY FY FY FY FY FY EXPENDITURE (x ~1, 000): Funding Request ZOOt-2002 2002-2003 2003-2004 2004-1005 2005- TOTAL 2006 Planning/Envirrr. Ass. 150,000 250,000 Land Acquisition Design /Survey ~onstruclion/Con. Mang. ,'urehase of Equipment TOTAL 250, 000 Z50, 000 o & M costs ~x ooo~: _ FUND SOURCE (x $1000): r ~ ..nnNN~~ u~.-~Y,'" rtq ~ ~ ~}~~yit a' .y tr, F_ e' b, r`Y ;6 ~ ~Mt ~'~~bfiiil R[ County ! 1.50, 000 ~ 2.50, 000 State (SRF) Federal Private- Volun(eers TOTAL 250, 000 250, 000 . ~~a w . ~ i ~ ~pPer Puna ~~J ~C ~ I 1 w1 ' fllc 1 ~ ~ ~ ~ A_ _ 1-r' 1 I 1 1' c 1 ~ I p ~ / t I o. ~J Iv I I f I a f I l - 1 (E 4 y ti~ n J ~ 1 1__-_ r ~ I '~I J '6 - ~ ~ - ~~I le ~ I x, 1du1- V¢w I ~ ~ s ~a 1 ; ~ I A ~ Y ~ H J i,~ ~,jTl Ii I - C` ~w.ma.d . ~ 1~ ~ I ~ a 1 ---n i ~`~f--I Ate- III II - IrI ~ v, I ~ 1 1 I 1 ; `411 I ' ' 1 I II ' I ' I'i ` ~ I 1 Ii<,~ I ' ' 1 1~I ; 1 I` ~ ; 1~ _.--r^ ~I ~I -ti I I I r ~ ~ I ~ ~ 1 ~ ~ 1 1 1 1 tai- Imo;._t~ 4 'a ~ x a I I I i -^--L~ ; I I I I ~ I TS ~.~-1_~ QI 11 ~'i I I 1 ~ 1 I I ~r- ' ~ _7 ~ 1 I'~ I I 1 ~ ; 1;811 I 1 lin 11111111111 !11 II III jII 11111111111 „i ~ 1 1 I 11 vl '1-., I 1111 i,li 1 1 1~4.^I 1 1 1 1 ~i ~ 1 1 1 I I ~Sar L1 vl i_ ~ '11°~t ~~~j 111 111 11n.i~ C»IIII 11111µi y~ r I I -I ~ I 11 , ~ 1 _i`~, 1 11 71 1111111 ~.T---: I' 21 ~1'T~ 1 fir 1 I : I I 1~1~ Iii 1 1 1 1 1, 11117 t: y, ~ r1~ I ITI I 1 1 I I ~~~li 1111111111111, 111111111 1111,1111!1 II 111111114 1,=' 1 ~'G"'° 1 it r; ~ I ~ j irL~,l ~l_~I` I- ~ 1~.1j111111111111!11i~ 1~i f11~~~~ 1 IA'°.~.I. f I I . 1 A 1 1 1 ''11 1 1 111!111 11 I 1 1 I ~ a. ~ I r r ,._1 c ~f 111 I 111 11 T--_ ~ 1 iJ : ~ _l_i-y I ~ I ~ I 1 i i ~ r 1 ~ 1 1 11 r l 1 1 1 I1 j'~11111111 I I u 1 1 i'~ fff""'~~~ 1 1 i 1 I 1 11 1~ 1-~ 1 1 1 111 11 1 ~ ~ I 1 I ^+.-1_ I 14 n W'_-'1---^-_"~~11 1 1111 n 11 111 1 I' 1 1 ~a~4- Tf j 41 {J' I f -r, - 1 1 J I'~ I! 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