Christchurch City Council

Agenda

 

 

Notice of Meeting:

An ordinary meeting of the Christchurch City Council will be held on:

 

Date:                                     Thursday 8 February 2018

Time:                                    9.30am

Venue:                                 Council Chambers, Civic Offices,
53 Hereford Street, Christchurch

 

 

Membership

Chairperson

Deputy Chairperson

Members

Mayor Lianne Dalziel

Deputy Mayor Andrew Turner

Councillor Vicki Buck

Councillor Jimmy Chen

Councillor Phil Clearwater

Councillor Pauline Cotter

Councillor Mike Davidson

Councillor David East

Councillor Anne Galloway

Councillor Jamie Gough

Councillor Yani Johanson

Councillor Aaron Keown

Councillor Glenn Livingstone

Councillor Raf Manji

Councillor Tim Scandrett

Councillor Deon Swiggs

Councillor Sara Templeton

 

 

1 February 2018

 

 

 

Principal Advisor

Dr Karleen Edwards

Chief Executive

Tel: 941 8554

 

Jo Daly

Council Secretary

941 8581

jo.daly@ccc.govt.nz

www.ccc.govt.nz

Note:  The reports contained within this agenda are for consideration and should not be construed as Council policy unless and until adopted.  If you require further information relating to any reports, please contact the person named on the report.
Watch Council meetings live on the web:
http://councillive.ccc.govt.nz/live-stream

 


Council

08 February 2018

 

 

 


Council

08 February 2018

 

TABLE OF CONTENTS

 

1.       Apologies................................................................................................................................... 4

2.       Declarations of Interest............................................................................................................ 4

3.       Public Participation.................................................................................................................. 4

3.1       Public Forum....................................................................................................................... 4

3.2       Deputations by Appointment............................................................................................... 4

4.       Presentation of Petitions......................................................................................................... 4

5.       Chief Executive's Report - December 2017/January 2018..................................................... 5

STAFF REPORTS

6.       Tūranga - Structures on Roads Deed of Licence Decision..................................................... 9

7.       Funding Review Working Group Chairperson's Report Appointing Community Board Representatives and Adopting Terms of Reference............................................................. 31   

 

 

 


Council

08 February 2018

 

 

1.   Apologies

At the close of the agenda no apologies had been received.

2.   Declarations of Interest

Members are reminded of the need to be vigilant and to stand aside from decision making when a conflict arises between their role as an elected representative and any private or other external interest they might have.

3.   Public Participation

3.1  Public Forum

A period of up to 30 minutes is available for people to speak for up to five minutes on any issue that is not the subject of a separate hearings process.

3.2  Deputations by Appointment

Deputations may be heard on a matter or matters covered by a report on this agenda and approved by the Chairperson.

There were no deputations by appointment at the time the agenda was prepared 

4.   Presentation of Petitions

There were no Presentation of Petitions at the time the agenda was prepared.  

 


Council

08 February 2018

 

 

5.        Chief Executive's Report - December 2017/January 2018

Reference:

18/92206

Contact:

Karleen Edwards

karleen.edwards@ccc.govt.nz

941 8999

 

 

1.   Purpose of Report

1.1       This Chief Executive’s Report provides a summary of the Council’s organisational performance for December 2017 and January 2018.

 

1.   Recommendation to Council

That the Council:

1.         Receive the report.

 

 

Attachments

No.

Title

Page

a

Chief Executive's Report to Council December 2017/January 2018

6

 

 

Signatories

Author

Jo Daly - Council Secretary

  


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08 February 2018

 

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6.        Tūranga - Structures on Roads Deed of Licence Decision

Reference:

17/1418400

Contact:

Philip Basher

philip.basher@ccc.govt.nz

941 8605

 

 

1.   Purpose and Origin of Report

Purpose of Report

1.1       The purpose of this report is to recommend that the Council approves the application submitted by the Tūranga Project Team to permit the occupation of legal road land at Gloucester Street. This will allow the construction of an accessibility ramp and steps to facilitate pedestrian access to Tūranga.

Origin of Report

1.2       This report is staff generated in response to the Structures on Roads application (Attachment A). As the request for the Deed of Licence relates to the Council’s Libraries & Information Unit, Property Consultancy and City Services it is felt the decision should be the Council’s.

2.   Significance

2.1       The decision in this report is low significance in relation to the Christchurch City Council’s Significance and Engagement Policy.

2.1.1   The level of significance was determined by the parameters of the Council’s Significance and Engagement Policy

2.1.2   There has been no community engagement which reflects this assessment.

 

3.   Staff Recommendations

That the Council:

1.         Approve the application for the encroachment of the legal road at Gloucester Street to enable the accessibility ramp and steps for Tūranga for the area edged in red shown in Attachment B.

2.         Authorise staff to effect the Deed of Licence to allow the encroachment of the legal road at Gloucester Street.

 

4.   Key Points

4.1       This report does not support the Council's Long Term Plan (2015 - 2025).

4.2       The following feasible options have been considered:

·     Option 1 – Approve Deed of Licence (preferred option)

·     Option 2 – Refuse the Deed of Licence

4.3       Option Summary - Advantages and Disadvantages (Preferred Option)

4.3.1   The advantages of this option include:

·     Facilitates the Gloucester Street entrance/exit

·     Ensures mobility access, and access for persons with buggies, etc.

·     A low cost option for Tūranga

·     Does not create a significant barrier on the legal road (Attachment B)

·     The site remains legal road

4.3.2   The disadvantages of this option include:

·     Creates a partial hindrance on the footpath (legal road)

 

5.   Context/Background

Tūranga

5.1       Tūranga is currently under construction and is sited in the central city on a plot between Cathedral Square, Colombo Street and Gloucester Street. It is planned to open in May 2018. The new library is a major project being constructed and funded by Christchurch City Council (CCC) and it will be operated by Christchurch City Council Libraries & Information Unit. It will be one of the largest public libraries in New Zealand and will have an important regional role.

5.2       Tūranga replaces the old Central Library on Gloucester Street (the new Convention Centre site). It will not only house books, but will include meeting rooms, creative spaces, retail and a cafe.

5.3       All building entrances and exits should be within the land’s footprint and not extend over the legal road. This is part of the normal design process.

5.4       The reason why the ramp is required for the Gloucester Street entrance is due to the differing level compared with Cathedral Square which is higher than Gloucester Street. The new building’s ground floor is based on the Cathedral Square elevation, therefore requiring the ramp and steps at Gloucester Street.

Structures on Roads

5.5       The Council’s Policy on Structures on Roads permits certain types of encroachment over, under or on the legal road (Attachment C). It was agreed that to facilitate a suitable accessible access for the Gloucester Street entrance to what is an important public institution (Attachment B) to consider issuing a Deed of Licence to permit the occupation of the legal road.

5.6       Normally a proposed encroachment to allow the construction of the ramp and steps is considered and approved (or not) through staff delegations. However, in this case as the Licence is an agreement between two Council units it is felt that transparency requires a Council decision.

Other Matters

5.7       The footpath is wide at this point on Gloucester Street and it is believed the proposed ramp and steps will not unduly impact on the pedestrians in this area. It extends approximately 2.1 metres from the building into the footpath and is 7.1 metres in length consisting of about 15 square metres of legal road land. The construction of the ramp will leave about 2 metres of unobstructed footpath.

5.8       Nevertheless, there is concern that disabled pedestrians, particularly visually disabled people may be disadvantaged by the ramp and steps by creating an obstacle in the footpath. This problem can be mitigated by tactile pavers, distinctive pavers, other makers identifying the handrails, the start of the ramp, etc.  This matter has been reviewed by the Be Institute (accessibility experts) for the Tūranga Project Team to address any accessibility issues. Tactile pavers, contrasting surfaces and specific design requirements for the hand rails were recommended and will be adopted into the final design.

6.   Option 1 – Approve Deed of Licence (preferred)

Option Description

6.1       Approve the Deed of Licence allowing the ramp and steps to occupy the legal road land on Gloucester Street to access Tūranga.

Significance

6.2       The level of significance of this option is low consistent with section 2 of this report.

6.3       Engagement requirements for this level of significance are low and have not been pursued for this matter.

Impact on Mana Whenua

6.4       This option does not involve a significant decision in relation to ancestral land or a body of water or other elements of intrinsic value, therefore this decision does not specifically impact Ngāi Tahu, their culture and traditions.

Community Views and Preferences

6.5       Have not been sought as they are not required for a Deed of Licence to occupy the legal road. However, Tūranga has been subject to community and stakeholder consultation as part of the Central City Plan.

Alignment with Council Plans and Policies

6.6       This option is consistent with the Central City Plan as it permits an accessible entry/exit in to Tūranga, which is a major project.

Financial Implications

6.7       Cost of Implementation - responsibility of the capital Programme Team being about $1,050.

6.8       Maintenance / Ongoing Costs – minimal and will be the responsibility of the City Libraries & Information Unit.

6.9       Funding source – Tūranga Project.

Legal Implications

6.10    There is not a legal context, issue or implication relevant to this decision as the Deed of Licence process is authorised through the Public Places Bylaw 2008 and is consistent with the Council’s general roading powers as outlined section 319 of the Local Government Act 1974.

6.11    This report has not been reviewed and approved by the Legal Services Unit.

Risks and Mitigations

6.12    There is no perceived risk in this option.

Implementation

6.13    Implementation dependencies - the Deed of Licence can be drafted and approved before Tūranga opening.

6.14    Implementation timeframe – Tūranga is planned to open in mid-May 2018.

Option Summary - Advantages and Disadvantages

6.15    The advantages of this option include:

·   Facilitates the Gloucester Street entrance/exit

·   Ensures mobility access, and access for persons with buggies, etc.

·   A low cost option for the Tūranga.

·   Does not create a significant barrier on the legal road (Attachment B)

·   The site remains legal road

6.16    The disadvantages of this option include:

·   Creates a partial hindrance on the footpath (legal road)

7.   Option 2 – Refuse Deed of Licence

Option Description

7.1       Refuse the Deed of Licence allowing the ramp and steps to occupy the legal road land on Gloucester Street to access Tūranga.

Significance

7.2       The level of significance of this option is low consistent with section 2 of this report.

7.3       Engagement requirements for this level of significance are not required as there will be no change of status to the site in question.

Impact on Mana Whenua

7.4       This option does not involve a significant decision in relation to ancestral land or a body of water or other elements of intrinsic value, therefore this decision does not specifically impact Ngāi Tahu, their culture and traditions.

Community Views and Preferences

7.5       Have not been sought as they are generally not required for a Deed of Licence to occupy the legal road. However, Tūranga has been subject to community and stakeholder consultation as part of the Central City Plan.

Alignment with Council Plans and Policies

7.6       This option is inconsistent with the Central City Plan as it would prevent an accessible entry/exit in to Tūranga, which is an anchor project.

7.6.1   Inconsistency – no provision of an accessible entry/exit to a public building

7.6.2   Reason for inconsistency – encroachment by the ramp and steps into the legal road would not be permitted

7.6.3   Amendment necessary – none.

Financial Implications

7.7       Cost of Implementation – none.

7.8       Maintenance / Ongoing Costs – none.

7.9       Funding source – not applicable.

Legal Implications

7.10    See sections 6.10 and 6.11 above.

Risks and Mitigations

7.11    There is a risk that if this option were chosen it could be subject to a legal challenge due to the denial of mobility access to a public facility. However, it is impossible to determine the level of this risk if this were to occur.

Implementation

7.12    Implementation dependencies  - none.

7.13    Implementation timeframe – none.

Option Summary - Advantages and Disadvantages

7.14    The advantages of this option include:

·   None


 

7.15    The disadvantages of this option include:

·   Require expensive internal modifications to facilitate mobility access from Gloucester Street.

·   Compromise the Council’s obligations to provide accessible access to public buildings.

·   Add significantly to the project’s costs.

·   Introduce the possibility of a legal challenge if the Council’s accessibility obligations are not met.

·   Delay the opening of Tūranga.

 

Attachments

No.

Title

Page

a

Central Library - structure on street application 23 November 2017 ramps & steps

14

b

Christchurch New Central Library proposed road encroachment of the ramp and steps 24/11/17

15

c

Structures on Roads Policy 2010 amended 2014 & 2016

16

 

 

Confirmation of Statutory Compliance

Compliance with Statutory Decision-making Requirements (ss 76 - 81 Local Government Act 2002).

(a) This report contains:

(i)  sufficient information about all reasonably practicable options identified and assessed in terms of their advantages and disadvantages; and

(ii) adequate consideration of the views and preferences of affected and interested persons bearing in mind any proposed or previous community engagement.

(b) The information reflects the level of significance of the matters covered by the report, as determined in accordance with the Council's significance and engagement policy.

 

Signatories

Author

Philip Basher - Transport Policy Engineer

Approved By

Aaron Haymes - Manager Operations (Transport)

Richard Osborne - Head of Transport

David Adamson - General Manager City Services

  


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7.        Funding Review Working Group Chairperson's Report Appointing Community Board Representatives and Adopting Terms of Reference

Reference:

18/39039

Contact:

Lianne Dalziel

lianne.dalziel@ccc.govt.nz

941 8999

 

 

1.   Purpose of Report

1.1       The purpose of this report is to update the Council on the work of the Funding Review Working Group in respect of its development of the attached Terms of Reference, which it seeks that the Council adopt, while also appointing two Community Board representatives to the membership of the Funding Review Working Group.

 

2.   Staff Recommendations

That the Council:

1.         Adopts the Terms of Reference for the Funding Review Working Group as set out in Attachment A.

2.         Appoints Linwood-Central-Heathcote Community Board Member, Sally Buck and Papanui-Innes Community Board Member, Ali Jones, to the membership of the Funding Review Working Group.

3.   Key Points

3.1       At its Metropolitan Funding meeting on 4 September 2017, the Council resolved in relevant part to:

3.1.1   Request that staff report to the Council by the end of September 2017 on the terms of reference of a comprehensive strategic funding review of all of the funds and the support that the Council provides to sustain and support organisations in the city, including the relationship of the Council with other funders.

3.1.2   Establish a Funding Review Working Group comprising of the Mayor, Deputy Mayor, the Chair and Deputy Chair of the Social and Community Development Committee and the Chair and Deputy Chair of the Innovation and Sustainable Development Committee. The Working Group will provide feedback to staff on the comprehensive funding review.

3.2       The Funding Review Working Group requested to have input into the development of the terms of reference of the comprehensive strategic funding review; and those terms of reference should also be the terms of reference of the Working Group itself. The Terms of Reference appended to this report as Attachment A are the outcome of discussion at the Working Group meetings.

3.3       At its meetings to date, the Funding Review Working Group, in addition to developing the attached Terms of Reference, has:

(a)  elected Mayor Dalziel as its Chairperson;

(b)  confirmed its understanding that it will report to the Council and not through a committee; and

(c)   agreed that it is an informal working group and does not have the standing of a Council committee.

3.4       The attached Terms of Reference note that the Funding Review Working Group will work with staff to review the Council’s approach to funding city and community organisations, reflecting that staff will look to the Council as the decision-maker and the Funding Review Working Group will not have the status and formalities of a decision-making body.

3.5       Given the status and role of the Working Group, staff will provide reports for the Working Group to the Council.

3.6       The Funding Review Working Group invited two Community Board Chairs to join the Working Group in light of the potential role of Community Boards in the funding framework. At a subsequent Community Board Chairpersons and Staff Forum, Sally Buck and Ali Jones were put forward to join the Working Group and accordingly invited to attend meetings. Since the Council appointed the existing members of the Working Group, it is for the Council to appoint invitees to the membership of the Working Group.

 

 

Attachments

No.

Title

Page

a

Funding Review Working Group - Proposed Terms of Reference

33

 

 

Signatories

Author

Mark Saunders - Committee and Hearings Advisor

Approved By

Lester Wolfreys - Head of Community Support, Governance and Partnerships

Mary Richardson - General Manager Citizen and Community

  


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08 February 2018

 

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