WAILUKU — Maui County Council members asked county attorneys on Monday to prepare a resolution authorizing the mayor to acquire through eminent domain a Front Street property where development of a controversial shopping center has been proposed.

The action by the council's Land Use Committee followed Mayor James "Kimo" Apana's suggestion last week that a nonprofit organization acquire the property under the proposed Harbor Village shopping center.

"We can't stop commercial use of this property," said Council Member Charmaine Tavares, who asked that a letter be sent to Corporation Counsel to draw up a resolution. "We can either acquire it or let it happen. My interest is to go for this property, make it open space and add it to Moku'ula."

Tavares' request was one of several actions taken by the committee to conclude a two-day meeting that focused on a pair of controversial projects: the Harbor Village shopping center in Lahaina and the Montana Beach Condominium Project near Baldwin Beach Park.

Most of Monday's intense discussions focused on Harbor Village, an 18,352-square-foot commercial complex that has been opposed by many in the community because it would neighbor Moku'ula, the one-time center of Hawaiian royalty. The Friends of Moku'ula, a nonprofit organization, has extensive plans to restore the sacred site.

On Thursday, during the first day of the meeting, Apana announced he'd been in contact with a federal agency about guaranteeing a $4 million bank loan, which could possibly allow the Friends of Moku'ula to take control of the land. The developers, JDI Limited, said they were willing to continue talks with the county to see if an arrangement could be worked out.

Tavares proposed drafting the resolution so an appraisal of the land could be obtained. She was told that the developers own only one parcel and have obtained long-term leases to two other parcels for the entire project that would include the shopping center and parking lots.

Because all three portions have Historic District 2 zoning, which allows for commercial use, and JDI obtained a community plan amendment to convert its property to business, Tavares asked Deputy Corporation Counsel Richard Minatoya if the committee could simply halt development on the site.

"I don't see a basis to stop it," said Minatoya.

So Tavares suggested preparing a resolution that would "urge the mayor" to proceed with eminent domain.

"Let's get on with it," she said.

Tavares was also concerned about a matter involving Lyons Naone III, a member of the Cultural Resources Commission. Last year, the panel gave Harbor Village its Historic District approval following several lengthy meetings. Naone seconded the motion to grant the much-debated permit last November and has since been hired to serve as a cultural adviser for the developer.

"While the time lapse seems to be a long time, we need to clear the air or to establish if there was an impropriety," said Tavares.

Naone could not be reached for comment.

Committee Chairman Alan Arakawa was looking into the Harbor Village project to determine if the council should recommend that the Maui Planning Commission reopen the special management area permit it authorized in January. Because of a mistake by the Planning Department, a condition required by the Cultural Resources Commission about limiting the number of parking stalls was not included in the report to the Planning Commission.

Council Member Jo Anne Johnson wanted the Planning Commission to take up the complete project again, not just a couple of specific items, because she felt other facts had been left out or misrepresented in the application.

"If there's additional information that wasn't available at the time, at least let those issues come out," said Johnson.

But the committee deadlocked, 4-4, on her plea to recommend that the Planning Commission make a broader exploration of the project. Members Riki Hokama, Dain Kane, Council Chair Pat Kawano and Mike Molina felt it wasn't appropriate to apply political pressure to the all-volunteer board and feared that such a move would set a bad precedent. Johnson was supported by Wayne Nishiki, Arakawa and Tavares.

Because the Planning Commission will seek clarification on two items regarding Harbor Village on Aug. 28, it was decided that Arakawa would write a letter asking commissioners to defer any action until additional information can be gathered.