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HomeMy WebLinkAboutREP PWPC 079 12/02/1997 1996-1998 --w? REPORT OF THE COMMITTEE ON PUBLIC WORKS AND PARKS DATE: December 2, 1997 RE: COMM. N0.229 PLACE: Council room TIME: 9:08 a.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Public Works and Parks, to which was referred Communication No. 229, and reports as follows: Communication No. 229 is a letter from Mr. Moustafa Mohammed, dated March 17, 1997, submitting a sidewalk use permit application for Basil's Restaurant for the purpose of allowing tables and chairs outside, off the sidewalk thoroughfaze, to accommodate the disabled patrons and families with baby strollers. He also submits a certificate of insurance naming the County of Hawaii as additional insured in accordance with the general liability policy provisions were also. Letters provided from Maung Thein Lwin, Ohana Aloha & Causual Weaz, and Barbaza Biddle, Marketing Administrator for Paniolo Greens, stating that they have no objections to this expansion. On April 15, 1997, Your Committee recommended deferral of this communication pending receipt of recommendations from Corporation Counsel, Department of Public Works, and the Kailua Village Design Committee. Communication No. 229.01 is a memorandum from Galen M. Kuba, Dept. Of Public Works Engineering Division, dated April 9, 1997, in response to the subject matter, states that the proposed outdoor seating area is within the County road right-of--way as shown in site plan from applicant. Communication No. 229.03 is a letter from Richard D. Wurdeman, Corporation Counsel, commenting on the application of Basil's Restaurant on Alii Drive, Kailua, for a sidewalk use permit to place tables on the public sidewalk fronting their establishment, to serve customers. The opinion of Corporation Counsel is that the applicant "would fall within the ordinance definition of "peddlers" and/or "canvassers" or "solicitors." "To find otherwise, would open the Alii Drive sidewalks to all varieties of commercial activity, as a result clearly not contemplated by the ordinance. Should the applicant wish to pursue his plan, therefore, he should submit a request not only for the placement of the desired street furniture, pursuant to Section 22-58, but for an exemption by Council resolution, pursuant to Section 22-31(b) for the activity which he proposes." Committee on Public Wo i Parks ' ~ December 2, 1997 Page -2- Communication No. 229.04 is a letter from Ms. Vonnie Lyons, Kona Outdoor Circle, dated April 21, 1997, opposing the applicant's request. Ms. Lyons notes that the applicant by-passed the normal permit process with the Planning Department and Kailua Village Design Commissioin. Communication No. 229.06 is a letter from Janice Pakele, Department of Liquor Control, dated April 16, 1997, opposing the application pursuant to Section 281-39, of the Hawaii Revised Statutes, which states that the applicant is required to obtain approval from the Liquor Commission for an increase to the licensed premises within which a licensee conducts business, and Section 281-78(a) which clearly states that no liquor shall be consumed on a public sidewalk. Ms. Pakele also refers to Rule 4-2-D-7 of the Rules and Regulations of the Liquor Commission, stating that the applicant's request for an increase of the premises further requires that the applicant have full possession and control of the premises. In this case, Mr. Mohammed is only the manager of Basil's, and not the owner. Communication No. 229.11 is a memorandum from Chief Engineer Donna Fay K. Kiyosaki, Department of Public Works, dated May 27, 1997, which states that there is insufficient authority in Chapter 22 of the Hawaii County Code to consider the applicant's request based upon the fact that Basil's employees will cross or maneuver themselves around pedestrian traffic on the sidewalk.. Communication No. 229.13 is a letter from Mc Khaled Mohammed, dated August 1, 1997, requesting that consideration of their application for a sidewalk use permit for Basil's Restaurant be postponed until November. Mr. Mohammed stated that his brother, Moustafa Mohammed, who owns the restaurant, was presently in Europe, and will be returning at the end of October. Your Committee considered Mr. Mohammed's application today and heazd from Mr. Richard Wurdeman, Corporation Counsel, who recommended as an alternative your Committee could abandon the applicant's request for a sidewalk use permit and the applicant could apply under Chapter 2, Section 2-119, which allows the Council "to issue licenses and permits through negotiation and without public auction to enter and occupy public highways and other rights-of--way owned, maintained and/or under the jurisdiction of the County...." After consideration of all of the above, Your Committee reports that it recommends that Communication No. 229, the sidewalk use permit application for Basil's Restaurant be filed. la AYES NOES A&E EX Respectfully submitted YAGONG X COMMITTEE ON PUBLIC WORKS & PARKS REYNOLDS X CHUNG X ~y LEITHEAD-TODD X DOMINIC YAG IR RAY X SANTANGELO X PW&PC RE R N 79 SMITH X ADOPTED: JAN 1 fi >9~ ARAK KI E.O.M.