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HomeMy WebLinkAboutREP PWC 279 09/27/1988 1984-1988 REPORT OF THE CL. JIITTEE ON PUBLIC WORKS DATE: September 27, 1988 PLACE: Councilroom TIME: 1 : 30 p.m . Chairman and Members Hawaii County Council Hilo , Hawaii 96720 Your Committee on Public Works to which was referred Communication No . 1723 and its attached Bill No . 601 and Communications No . 1723. 1 , 1714 , 1714 . 1 , and '1764 , reports as follows : Bill No . 601 proposes to amend the Hawaii County Charter by adding a new article relating to the Kailua Parking Authority . The purpose of the bill is to initiate an amendment that would propose a parking authority for Kailua . Your Committee on Public Works has reviewed Communications No . 1723, 1723 . 1 , 1714 , 1714. 1 , 1764 and Bill No . 601 . Communication No . 1723 is a transmittal letter for Bill No. 601 to the Council Chairman from Karl Kawahara, Legislative Assistant , which states the following : 1 . The bill incorporates the proposal presented by Frank J. Zuzak and Associates and has not been altered to reflect any substantive changes . 2 . According to the provisions of the Charter relating to • charter amendments , there is not enough time for the measure • to appear on the November 8 , 1988, General Election ballot . Your Committee heard testimony from Frank Zuzak on Bill No . 601 on July 26, 1988 in response to another item on the agenda, regarding parking problems in Kailua , namely, Communication No . 1714 from J. Curt Tyler . Mr . Zuzak stated that the idea of a village tram was submitted to the County in 1970 ; he had submitted a proposal too late for the Committee ' s agenda ; the proposed Kailua parking authority would purchase equipment such as a tram; 13,050 vehicles could be parked on present asphalt at Old Kailua Airport park ; and people could ride or walk from the parking lot to Kailua Village . Your Committee heard testimony from the Director of Parks and Recreation that the County is asking the State for the Old Kona Airport land for a park and Mr . Zuzak wants that same land for parking . A Committee member stated that if Mr . Zuzak ' s proposal can ' t make the September 9, 1988 deadline for placement on the ballot , the proposal can be considered next year under the Charter review . • PWC REPORT ;;J , 279 ADOPTED : OCT 19 1988 PWC- 279 Pages 2 September 27 , 1988 Your Committee referred Bill No . 601 and Communications No . 1714 and 1723 to the administration for comments and recommendations . Communication No . 1723 . 1 from John Wagner , Corporation Counsel , states that Bill No . 601 was submitted for the purpose of creating a public corporate authority and that the proposed charter amendment stated in Bill No . 601 is improper because of the following: 1 . There is no enabling state legislation which permits the County to create a parking authority which could issue bonds to finance the construction and maintenance of parking facilities . 2 . The bill would allow the authority and the developer to agree on a "fee in lieu " of providing parking spaces , without any standard or reference to the impact of the proposed development . The assessment of a fee would amount to an unauthorized tax by the County, and because the County is not granted the power to tax in this manner by the State , it would be illegal . Communication No . 1714 . 1 from Mayor Dante Carpenter provides the following comments on Bill No . 601 and Communications No . 1714 and 1723 : 1 . The in-lieu fee is an impact fee but it won ' t hold up in court because it would fail the rational nexus test . 2 . The administration will soon release two Requests for Proposals (RFP) , one for a privately operated , non-subsidized shuttle between the Old Kona Airport and Kailua Village and one for construction and operation of a multi-level parking structure on the existing County parking lot . Your Committee considered Bill No . 601 on September 27, 1988 . Your Committee heard testimony from Mr . James Thomas of the West Hawaii Committee and J. Curt Tyler in support of Bill No . 601 . Your Committee heard testimony from the Corporation Counsel as follows : 1 . The County can 't create a parking authority unless the State first authorizes it . 2 . The County can address the parking problem in Kailua without a parking authority . 3 . Although the County doesn ' t accept liability for cars on its present parking lots, it might have to provide security in an isolated location like the Old Kona Airport . M PWC - 279 Page 3 September 27 , 1988 Your Committee heard testimony from the Deputy Planning Director that at a recent presentation of the in-lieu fee to the Kailua Village Urban Design Review Commission , the Commission opposed pay parking and thus opposed Bill No . 601 and a multi-level parking structure . The Commission also wanted pedestrians , rather than cars , to be attracted to the village core and opposed a parking structure in the village for that reason . The Deputy Director also stated if there is no response to the RFP, the County could do a pilot project to see if people will use parking at the Old Kona Airport park . He also stated that permission from the State would be needed to use the Old Kona Airport Park for parking as well as a park . Your Committee concurred with the Chairwoman 's recommendation to receive and close the file on Bill No . 601 . Your Committee on Public Works recommends tha t e County Council receive and close the file on Bill No . 601 . AP '�I 4 at M • LE K. LAI, CHA OMAN , . , rlS. 1 (ABSENT AND EXCUSED) SSELL S . KOKUB N, VICE CHR. FRANK DE LUZ III, MEMBER (ABSENT AND EXCUSED) d TAKASHI DOMINGO, MEMBER E RWOOD . H. G EENWELL, MEMBER LA/TW