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HomeMy WebLinkAboutRES 148 Draft 01 1988-1992OFFICE INFORMATION ONLY Meeting: Ap°il 18, 1990 Action: ~PProve and recomend adoption of i?es. 148. Re: Fes. 148/PFTC-88 COUNTY OF HA1kl~~;{,.; ;;. , S~'ATE OF HAWAII RESOLUTION Na. 148 90 RESOLUTION AUTHORIZING THE COUNTY TO ENTER ZNTO A JOINT AGREEMENT WITH LANIHAU CENTER VENTURE FOR THE CONSTRUCTION OF HENRY STREET. WHEREAS, Ordinance No. 684, effective April 10, 1981, amended the Hawaii County Zoning Code by changing the district classification from Agricultural (A-la) to General Commercial (CG-20) at Lanihau 2nd and Moeauoa 2nd, North Kona, Hawaii, covered by Tax Map Key 7-5-04:7, such area being hereinafter referred to as the "Property;" and WHEREAS, as a condition of such rezoning, Dillingham Corporation and the petitioner, Lanihau Corporation, were required to construct Henry Street in accordance with the requirements of the Department of Public works; and WHEREAS, Henry Street is designed to run from Kuakini Highway to Queen Kaahumanu Highway; and WHEREAS, based on their use of applicable design standards, the Department of Public Works has determined that the construction of Henry Street within a sixty foot right-of-way would be sufficient to satisfy zoning requirements; and WHEREAS, in order to accommodate the future traffic needs of the area, the County of Hawaii prefers that Henry Street be constructed within an eighty foot right-of-way instead of the sixty foot right-of-way previously contemplated by the parties; and WHEREAS, Lanihau Corporation and the development firm of Graham, Murata and Russell, the successor in interest to Dillingham Corporation, are the sole shareholders in Lanihau Center Venture, the developer of the Property; and WHEREAS, the County and Lanihau Center Venture are desirous of entering into a joint agreement to construct Henry Street. WHEREAS, State funds are available to the County for the construction of the additional improvements; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the Mayor of the County of Hawaii is hereby authorized to execute a joint agreement with Lanihau Center Venture for the construction of Henry Street. Dated at Hilo, Hawaii, this 18th day of April 1990. INTR DUCED BY: NCIL MEM COUNTY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on Apr i l 18 , 19 9 0 ATTEST: COUNTY CLERK CHAIRMAN & ESIDING OFFICER ROLL CALL VOTE AYES NOES ABS EX DOMINGO X HALE X INOUYE }{ KOKUBUN LAI X MAKUAKANE X RUDDLE X SCHUTTE X YAMASHIRO X 9 0 Reference C-1385/PWC-88 RESOLUTION NO. i'~~ `~~ REPORT OF THE COMMITTEE ON PUBLIC WORKS DATE: February 27, 1990 PLACE: Councilroom TIME: 9:00 a.m. Chairman and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee of Public Works to which was referred Resolution No. 148-90, reports as follows: Resolution No. 148 authorizes the Mayor of the County of Hawaii to execute a joint agreement with Lanihau Center Ventures (LCV) for the construction of Henry Street. Henry Street is the name given to the roadway that is to be constructed by LCV on their property, TMK: 7-5-4:7, as a condition of their rezoning ordinance No. 81-684, Henry Street, a two-lane road within a 60-foot right-of-way with curbs, gutters and sidewalks, is to serve as a mauka-makai connector road between Kuakini Highway and Queen Kaahumanu Highway. The Department of Public Works has determined that in order to accommodate for future traffic needs, Henry Street would better serve the residents of Kona if it were eapanded to a four-lane roadway within an 80-foot right-of-way with channelized and signalized intersections at both Queen Kaahumanu and Kuakini Highways. Therefore, as a result o~ Lhe agreement, LCV remains responsible for the construction of the roadway, including its eapansion to a four-lane divided road. Also included within their responsibility are the curbs, street lights, underground utility and water systems, drainage systems, two eastbound approach lanes, and separate left and separate right turn, westbound, eaitinq lanes at the East leg of the Kuakini Highway Intersection. The County of Hawaii, under the agreement, will construct all the necessary acceleration lanes, deceleration lanes an3 channelized, left-turn lanes for both intersections. The County will also provide street lights, full movement traffic signals and ether necessary changes required to complete the intersections (i.e. relocation of guardrails). Additionally, the County will contribute up to $91,500.00 for professional fees for the design. F.11 the money eapended by the Count;' for the Henry Street agreement project will come from a $1.8 million State appropriation. PWC REPORT N0. 88 ADOPTED: APf2 1 `, `~'~' L PWC-88 Page 2 February 27, 1990 Your Committee is in full support of the roadway traffic relief and would like to see the project executed. However, there are major concern that addressed. Your Committee discussed, at length, regarding the time limitation to approve the res~ post inundation drainage problems, liability and involvement for the Henry Street project. being built for and agreement need to be their concerns elution, funding, possible Federal The agreement calls for approval of the Resolution By March 7, 1990. The Committee questioned the reasons for the deadline and expressed their dissatisfaction of being given the agreement and resolution and asked to approve it without adequate time to review or have their questions answered. The Chief Engineer responded that the deadline was merely to keep the project moving on a timely basis. The developer added that LCV wanted to obtain some commitment from the County so that they may proceed with the project. The Resolution states that State funds are available for the construction of the additional improvements and the agreement says that the County shall pay up to $91,500.00 for design, and will construct the balance of Henry Street. The Committee was concerned about the scope of the County's participation and any costs over the State appropriation. The Chief Engineer reassured that the $1.8 million in State funds should cover the County's part. He estimates the design and construction cost to be $1.4 million and as we are open to the bidding climate, he feels more comfortable with the $400,000 excess for security. Council Chairman Kokubun suggested that the agreement be amended to more clearly define the use of the funds as it appears it is merely for the extension of the roadway to an 80-foot right-of-way and not for the intersection improvements and design. LCV is responsible, under the agreement, to do a post inundation study to determine any post development inundation. They feel, however, that they can reduce 30 percent of the 100 years flood, as it exists today, through their drainage plans and studies. This reduction will be accomplished by a series of 11 drywells and a 75,000 sq. ft. holding basin. The Public Works Department has not confirmed the reduction claim but feels the estimate to be high. They also clarified that the developer is only required to assure that the flood waters follow the same pattern as without the improvements, that there is no aggravation of current conditions and to possibly make improvements to alleviate the downstream effect. The developer is not required to reduce the 100 year flood by 30 percent, that is only their claim. Your Committee also inquired about the possibility of Federal assistance. The Chief Engineer explained that the Corps of Engineers performed a study a couple of years ago and determined that the cost-benefit ratio was not high enough for them to pursue a flood control project. If the Corps did a flood control project, the Chief Engineer explained, there would be a County cost involved similar to the proposed Alenaio project. PWC-8 S Page 3 February 27, 1990 Your Committee was further concerned about the County's liability if there is post development inundation. The Chairman stressed that he feels the developer should be responsible for the design and therefore liable. He indicated that the only participation in the design the County should have is the approving body and not as an advisor. As the approving body, the County would still maintain partial liability. The Chairman requested that the division of liability be clearly stated in the agreement. This would serve to avoid the problems and cost eaperienced with the Keopu Heights subdivision flooding problem and also secure some projection for the County if LCV decided to sell their property. The new owner could still be held responsible by the agreement. Your Committee on Public Works recommends that the Chief Engineer amend the agreement to clearly reflect the Division of Liability in case of post development inundation and also to clarify the use of the funds by the County for Henry Street. Your Committee also requested the Department of Public Works to provide information regarding the flooding, proposed drainage solution and the developers claim for 30 percent reduction of the 100-year flood. Your Committee on Public Works recommends that Resolution No. 148-90, the attached agreement and communications be forwarded to the full Council for deliberation with the stipulation that it need not be taken up until such time as the amendments are made and information regarding the flooding is gathered. Your Committee also requested that the Developers, LCV, 3e present at the meeting. K. K. LAI, H. MEMBER CHAIRMAN LA/DH