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MINUTES OF A MEETING OF THE CITY DEVELOPMENT COMMITTEE

HELD ON THURSDAY, 12 JUNE 2008 AT 9.30 AM

PRESENT: Councillors Peseta Sam Lotu-Iiga Chairperson
    Douglas Armstrong, QSO  
    Bill Christian, JP  
    Mark Donnelly  
    Glenda Fryer  
    Noelene Raffills [From 9.53am item 18]
ALSO PRESENT: Councillors Graeme Easte  
    Dr Cathy Casey  
    Toni Millar, JP  
    Richard Northey, ONZM  
    Denise Roche  

  1. Top APOLOGIES

    That the apology for non-attendance from Councillor Mulholland be accepted.

    CARRIED

  2. Top CONFIRMATION OF MINUTES

    That the minutes of the City Development Committee meeting held on Thursday, 8 May 2008 be confirmed as a true and correct record.

    CARRIED

  3. Top EXTRAORDINARY BUSINESS

    There was no extraordinary business.

  4. Top PUBLIC FORUM

    4.1. MASTERPLAN FOR ORAKEI PENINSULA - REDWOOD GROUP

    The Redwood Group has asked for this presentation to be deferred until the 10 July City Development Committee meeting.

    4.2 FITZROY HOTEL - MR ALLAN MATSON

    Mr Matson gave a PowerPoint presentation giving the history of the Fitzroy Hotel and his vision for it. A copy of the CD presentation is filed with the official minutes.

    That Mr Allan Matson be thanked for his presentation regarding the Fitzroy Hotel at 75-77 Wakefield Street, Auckland.

    CARRIED

    Item 18 was taken at this time

  5. Top REPORTS REQUESTED/PENDING

    That the reports requested pending list for June 2008 be received.

    CARRIED

  6. Top AUCKLAND INNOVATION PARK AT TAMAKI

    1. That Kate Sutton, Chair of the Tamaki Community Board be thanked for her attendance.
    2. That the City Development Committee notes that Auckland City Council aspires for the city to be innovative and globally competitive and that the Auckland Innovation Park initiative provides the opportunity to leverage off the location of universities, other research institutions and central government's interest in Tamaki as a national innovation hub.
    3. That council officers continue to work with the Ministry of Economic Development and the University of Auckland on the development of the business case for the Auckland Innovation Park, a science and technology park at Tamaki.
    4. That the City Development Committee recognises the strategic importance of the council's site at 84-150 Morrin Road and gives its in principle support, subject to satisfactory arrangements, to the inclusion of the site in the business case for the Auckland Innovation Park.
    5. That the in principle support will be on the basis that initially a nominal rent is required on the land but over time council will seek a commercial return.
    6. That confirmation of council support for the proposal, and the basis upon which it is to be provided, will be dependent upon the satisfaction of a number of conditions. These include confirmation of material support for the Auckland Innovation Park from the Government and the University of Auckland; completion of a business case that demonstrates the long term viability of the Auckland Innovation Park on terms that are acceptable to the council; and no expectation of ongoing operational funding to the Auckland Innovation Park from Council.
    7. That the Committee notes the Auckland Innovation Park business case and business plan will identify the:
      1. value proposition to the market, industry demand and competitive analysis;
      2. contribution to public policy objectives;
      3. respective contributions sought from the Government, University of Auckland, Auckland City Council and industry;
      4. phasing of the Auckland Innovation Park development;
      5. any risk to the Council; and governance and accountability structures
    8. That the business case and associated material be reported to the City Development Committee and the Finance and Strategy Committee.

    CARRIED

  7. Top ADDITIONAL MOBILE RUBBISH BINS (MRB) ALLOCATION POLICY FOR THE NEW RECYCLING SERVICE

    1. That businesses and other non-residential ratepayers currently paying the full uniform annual charge for refuse and recycling be able to purchase additional 240 litre recycling bins provided they can be safely stored on premises and safely placed kerbside by the ratepayer for collection.
    2. That residential ratepayers who require additional recycling capacity be able to purchase additional 240 litre recycling bins provided the extra bins can be safely stored on the property and safely placed kerbside by the resident for collection.
    3. That the costs of providing additional recycling services pursuant to recommendations A and B be recovered as follows:
      1. A chargeable pro-rata fee payable in advance on invoice, before bin delivery, for the first year or part thereof.
      2. Subject to the council's annual plan and rating procedures, as an addition to that properties refuse and recycling targeted rate for subsequent years.
    4. That residents be able to request a smaller 120 litre MRB. This is to be at no additional cost or ongoing saving to the standard 240 litre MRB service.
    5. That an order be placed with the councils existing 240 litre MRB supplier for one 40 foot container load (totalling 840) smaller 120 litre blue lidded recycling bins.
    6. That the placement of uncontained or bagged waste and recycling materials (excluding the council's inorganic collection) kerbside, no longer be tolerated, and that an education and enforcement programme be developed and implemented to discourage this practice city wide, with enforcement commencing after an appropriate timeframe for an education programme, and to enable people to understand the new system.

    CARRIED

  8. Top APPROVAL TO SUBSOIL LEASE - 35 ALBERT STREET

    1. That approval be given to the lease of the subsoil down to five levels of the proposed development at 35 Albert Street Auckland Centre to accommodate the construction of piles for the retaining wall and the installation of a drainage system and ground water monitoring equipment that will project into the subsoil under the legal road subject to:
      1. The monitoring equipment being utilised to protect the nearby heritage building of St Patrick's Cathedral.
      2. Construction being in accordance with the plans submitted and approved by the Transport Assets and Operations Group,
      3. That the lease will be subject to the owners obtaining the necessary resource and building consents for the development,
      4. That the Group Manager, Property Group, issuing a subsoil lease for the use of the subsoil at a current market rental, with the applicant to bear all costs.
    2. That Council officers report back to the 14 August 2008 City Development Committee meeting on including a "public good" element as an assessment criteria for granting subsoil leases.

    CARRIED

  9. Top AUCKLAND CITY HERITAGE POLICY REVIEW - INCENTIVES

    1. That the City Development Committee be advised that financial contributions and development contributions are not appropriate sources of funding for heritage purposes for the reasons outlined in the body of this report.

    2. That the City Development Committee note the range of options available to enhance the existing heritage grant scheme.

    3. That due to current budget constraints no actions be taken at this stage to enhance the existing heritage grant scheme.
    4. That the City Development Committee authorise the Heritage Manager to amend the scope of both the Built Heritage Fund and the Natural Heritage Fund to enable grants to be given to applicants who are undertaking projects which will assist in public interpretation and understanding of scheduled heritage features.
    5. That in light of the fact that scheduled building owners have long requested a more substantial heritage fund, and that Auckland City Council provides by New Zealand major city standard a relatively small amount for funding scheduled building upgrades, that the City Development Committee recommend to Combined Committees an increase of the Funds.

    Cr Fryer moved an amendment to resolution C

    1. That in light of the fact that scheduled building owners have long requested a more substantiated heritage fund, and that Auckland City Council provides by New Zealand major city standard a relatively small amount for funding scheduled building upgrades, that the City Development Committee recommend to Combined Committees an increase of the Built Heritage Fund to $600,000 per annum, and the Natural Heritage Fund to $100,000.

    LOST

    Cr Fryer wish her vote for the amendment be recorded

    The Chairman put the substantive motion:

    1. That the City Development Committee be advised that financial contributions and development contributions are not appropriate sources of funding for heritage purposes for the reasons outlined in the body of the report of the Group Manager, City Development dated 29 April 2008.

    2. That the City Development Committee note the range of options available to enhance the existing heritage grant scheme.

    3. That due to current budget constraints no actions be taken at this stage to enhance the existing heritage grant scheme.
    4. That the City Development Committee authorise the Heritage Manager to amend the scope of both the Built Heritage Fund and the Natural Heritage Fund to enable grants to be given to applicants who are undertaking projects which will assist in public interpretation and understanding of scheduled heritage features.
    5. That in light of the fact that scheduled building owners have long requested a more substantial heritage fund, and that Auckland City Council provides by New Zealand major city standard a relatively small amount for funding scheduled building upgrades, that the City Development Committee recommend to Combined Committees an increase of the Built Heritage and Natural Heritage Funds.

    CARRIED

  10. Top SIGNS BYLAW 2007 - SIGNS ON VEHICLES

    Councillor Armstrong assumed the Chair for this item.

    1. That the City Development Committee note the contents of the report of the Senior Policy Analyst, Urban Management dated 28 May 2008and in-principle support the proposed amendments of the Signs bylaw 2007 to:
      • regulate signs on vehicles where the principal function of those vehicles are to display advertising material; but not limited to, signs on trailers.
      • in addition to allowing for election signs on private land and on council owned or controlled sites that have been approved by community boards for a period of 2 months prior to an election, permit election signs on vehicles; and
      • correct minor typographical errors, omissions and duplications in the text of the bylaw.
    2. That the Deputy Chair of the City Development Committee be authorised to approve the wording of the Statement of Proposal and the proposed amendments to the bylaw to provide for election signs for vehicles; and the notification of the bylaw.

    Cr Fryer moved an amendment:

    1. Second bullet point, last line to read "of 2 months prior to an election, permit election signs on vehicles but not on trailer; and

    A show of hands was called for which resulted in 1 vote cast for the above  amendment A and 4 against. The motion was declared LOST by 4-1

    1. Insert a new bullet point after the second one:

    "Bringing any signs that oppose candidates or groups of candidates under the same controls as other election signs."

    A show of hands was called for which resulted in 2 vote cast for the above amendment B and 3 against. The motion was declared LOST by 3-2

    CARRIED

    The Chairman put the substantive motion:

    1. That the City Development Committee note the contents of the report of the Senior Policy Analyst, Urban Management dated 28 May 2008, and in-principle support the proposed amendments of the Signs bylaw 2007 to:
      • regulate signs on vehicles where the principal function of those vehicles are to display advertising material including, but not limited to, signs on trailers.
      • in addition to allowing for election signs on private land and on council owned or controlled sites that have been approved by community boards for a period of 2 months prior to an election, permit election signs on vehicles;
      • correct minor typographical errors, omissions and duplications in the text of the bylaw.
    2. That the Deputy Chair of the City Development Committee be authorised to approve the wording of the Statement of Proposal and the proposed amendments to the bylaw to provide for election signs for vehicles; and the notification of the bylaw.

    Councillor Lotu-Iiga neither spoke nor voted on this item.

    Item 20 was taken at this time.

  11. Top APPOINTMENT OF A HEARINGS PANEL FOR PLAN MODIFICATION 233 - NOTICE OF REQUIREMENT - NEW VECTOR GAS PIPELINE WESTFIELD TO SOUTHDOWN

    1. That independent commissioners Mr Greg Hill and Ms Karyn Sinclair be appointed to the hearings panel for Plan Modification 233.
    2. That Les Simmons be asked to be on the hearings panel, because he chaired the hearings panel which heard the recent Notice of requirement to designate the existing Vector and New Zealand Refining Company pipelines, and therefore has relevant background knowledge.
    3. That the Chairperson and Deputy Chairperson of the City Development Committee be given authority to appoint an alternate member to hear submissions and deliberate on Plan Modification 233 should a member not be available.

    CARRIED

    Cr Fryer moved to an amendment That Councillor Boyle be appointed to the hearings panel for Plan Modification 233.

    LOST

    The Chairman put the substantive motion:
    1. That independent commissioners Mr Greg Hill and Ms Karyn Sinclair be appointed to the hearings panel for Plan Modification 233.
    2. That Les Simmons be asked to be on the hearings panel, because he chaired the hearings panel which heard the recent Notice of requirement to designate the existing Vector and New Zealand Refining Company pipelines, and therefore has relevant background knowledge.
    3. That the Chairperson and Deputy Chairperson of the City Development Committee be given authority to appoint an alternate member to hear submissions and deliberate on Plan Modification 233 should a member not be available.

    CARRIED

  12. Top PLAN CHANGE 95, AUCKLAND INSTITUTE OF STUDIES, MT ALBERT

    That it be a recommendation to Council:

    That the Manager Inner Isthmus be authorised to complete the statutory processes required to make Plan Change 95 (Auckland Institute of Studies, Linwood Avenue, Mt Albert) to the Isthmus Plan operative.

    CARRIED

  13. Top BRITOMART - EAST BUILDING DEVELOPMENT - TITLE AND EASEMENTS ADJUSTMENT

    That the City Development Committee

    1. Approves in principle the airspace licences, boundary adjustments, and changes to easements outlined in the plans attached as Appendix C of the report of the Development Manager dated 3 June 2008.
    2. Delegates authority to the General Manager City Development, the General Manager Finance, the Chairman of the City Development Committee and the Chairman of the Finance & Strategy Committee to finalise the financial terms and conditions of the airspace licences, boundary adjustments and changes to easements.
    3. Delegates authority to the General Manager City Development, the General Manager Finance, the Chairman of the City Development Committee and the Chairman of the Finance & Strategy Committee to approve any minor amendments required to finalise the airspace licences, proposed boundary adjustments and changes to easements.

    4. Authorises the Property Group Manager to sign any documents required to create the airspace licences, boundary adjustments and changes to easements.

    CARRIED

  14. Top SUBMISSION TO THE PROPOSED NEW ZEALAND COASTAL POLICY STATEMENT 2008

    1. That the City Development Committee approve (retrospectively) the submission outlined in appendix 1 of the report of the Planning Manager: Islands dated 14 May 2008 that has been lodged on behalf of Auckland City Council to the Proposed New Zealand Coastal Policy Statement 2008.
    2. That the Group Manager: City Planning in consultation with the Chairman of the City Development Committee be authorised to make verbal submissions to the Board of Inquiry on the Proposed New Zealand Coastal Policy Statement 2008 in support of the written submission outlined in appendix 1 of the report of the Planning Manager: Islands dated 14 May 2008.

    CARRIED

  15. Top NOTICE OF MINOR BOUNDARY ADJUSTMENT TO DESIGNATION NO H13-09 "RAILWAY PURPOSES NORTH AUCKLAND RAILWAY" (TO WIDEN THE NORTH WESTERN RAIL CORRIDOR BETWEEN PARK RD AND KHYBER PASS RD, FOR DOUBLE TRACKING AND A NEW STATION)

    1. That the City Development Committee agree to alter designation H13-09 (North Auckland Railway), on Planning Map C09, by including an additional 765m2 area of land as identified in the ONTRACK notice of alteration to designation dated 16 May 2008, pursuant to section 181(3) of the Resource Management Act 1991.
    2. That the Manager, Inner Isthmus be authorised to amend district plan map C09 to reflect the above alteration.

    CARRIED

  16. Top SHADDOCK TO WATER STREET STORMWATER UPGRADE - 755

    That it be a recommendation to Council:

    That a contract be entered into with Harker Underground Construction Ltd, committing a maximum expenditure of $6,578,594.95 (inclusive of contingency sum but exclusive of GST) for the Shaddock to Water Street stormwater upgrade project.

    CARRIED

  17. Top WASTE REFUSE AND RECYCLING CONTRACT EXTENSIONS

    1. That Clean Stream Waiheke Ltd's offer to extended their existing Waiheke kerbside refuse and recycling collection contract and the transfer station operation contract for 12 months until 30 June 2009 be accepted.
    2. That depending on the progress of the development of the Waiheke Transfer Station and collection service enhancements Clean Stream Waiheke Ltd be advised before the end of December 2008 of any possible further contract extension of up to one year to June 2010.

    Cr Fryer moved an amendment to resolution A:

    1. That Clean Stream Waiheke Ltd's offer to extend their existing Waiheke Kerbside refuse and recycling collection contract and the transfer station operation contract for 24 months until 30 June 2010 be accepted."

    LOST

    The Chairman put the substantive motion:

    1. That Clean Stream Waiheke Ltd's offer to extended their existing Waiheke kerbside refuse and recycling collection contract and the transfer station operation contract for 12 months until 30 June 2009 be accepted.
    2. That depending on the progress of the development of the Waiheke Transfer Station and collection service enhancements Clean Stream Waiheke Ltd be advised before the end of December 2008 of any possible further contract extension of up to one year to June 2010.

    CARRIED

  18. Top TAMAKI TRANSFORMATION UPDATE

    Mr Sneddon gave a PowerPoint presentation regarding the Tamaki Transformation Programme and the vision for this area.

    1. That Kate Sutton, Chair of the Tamaki Community Board be thanked for her attendance.
    2. That Mr Pat Sneddon, Chairman of Housing New Zealand be thanked for his presentation.
    3. That the memorandum of the Group Manager City Planning dated 9 June 2008 and the letter from Hon Maryan Street MP dated 5 June 2008 be received.

    CARRIED

    [ATTACHMENT 18A]  

  19. Top CITY PLANNING GROUP QUARTERLY UPDATE

    1. That the City Planning group's quarterly report for the period February - April 2008 dated 27 May 2008 be received.
    2. That the City Planning Group be congratulated on winning the New Zealand Planning Institute's Best Practice Award 2008 for the Otahuhu Liveable Community Plan.

    CARRIED

  20. Top TOURISM AUCKLAND RESTRUCTURE UPDATE REPORT

    That the City Development Committee endorse the draft Funding Agreement as amended for the Auckland Tourism and Visitors Trust subject to endorsement by Manukau City Council and Auckland Regional Council.

    Cr Fryer moved an amendment:

    Add at the end "and with the following amendments

    Delete one representative of the Institute of Directors (Auckland Branch)

    Have one representative of the New Zealand Hotel Council (Auckland Branch);

    One representative from the School of Tourism and Hospitality from the Auckland University of Technology.

    LOST

    The Chairman moved the substantive motion:

    That the City Development Committee endorse the draft Funding Agreement as amended for the Auckland Tourism and Visitors Trust subject to endorsement by Manukau City Council and Auckland Regional Council.

    CARRIED

  21. Top WAITEMATA HARBOUR CROSSING STUDY - PROGRESS REPORT

    That the report of the Transport Planner entitled Waitemata Harbour Crossing study - progress study dated 24 April 2008 be received.

    CARRIED

  22. Top NEW ZEALAND PLANNING CONFERENCE REPORT

    That the report of Councillor Glenda Fryer regarding the New Zealand Planning Institute Conference which was held at Westport on the 3-5 April be received.

    CARRIED

  23. Top WASTEMINZ ANNUAL CONFERENCE

    1. That Councillors Christian and Raffills be authorised to attend the WasteMINZ 20th Anniversary Annual Conference to be held in Blenheim, New Zealand on 5-7 November 2008 with Councillor Fryer being the alternative attendee.
    2. That the councillors nominated provide a report back to this committee on the WasteMINZ Anniversary Annual Conference, and an opinion of the value of the conference.

    CARRIED

  24. Top EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

    That the public be excluded from the following part(s) of the proceedings of this meeting.

    The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under Section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

    This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

    Item No. General subject of each matter to be considered Reason for passing this resolution in relation to each matter Particular interest(s) protected (where applicable) Ground(s) under section 48(1) for the passing of this resolution
    C1 75-77 Wakefield Street, Fitzroy Hotel: Options for Future Management Public conduct of matter would be likely to result in disclosure of information for which good reason to withhold exists under section 7. Section 7(2)(h)

    The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

    Section 7(2)(a)

    The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

    In particular, the report on the options available include commercial information such as valuations and property market information which, if in the public arena, would have the potential to financially disadvantage Council .

    Also the report refers to proceedings currently in front of the Court.

    		 Section 48(1)(a)

    The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

    CARRIED

    There being no further business the Chairman declared the meeting closed at 12:32 pm.