Agenda of Council - 19 September 2019

N-logotype-black-wide Nelson City Council

19 September 2019

Page No.

Opening Prayer

1. Apologies

Nil

2. Confirmation of Order of Business

3. Interests

3.1 Updates to the Interests Register

3.2 Identify any conflicts of interest in the agenda

4. Public Forum

4.1 Neil Hodgson - Hampden Street/Waimea Road Intersection Proposed Road Closure

4.2 Alicja Maslowska - Hampden Street Road Closure

5. Jim McNabb - Hampden Street Road Closure Petition 16

Document number R11488

Recommendation

That the Council

1. Receives the report Jim McNabb - Hampden Street Road Closure Petition.

6. Confirmation of Minutes

6.1 8 August 2019 17 - 37

Document number M4388

Recommendation

That the Council

1. Confirms the minutes of the meeting of the Council, held on 8 August 2019, as a true and correct record.

6.2 27 August 2019 38 - 47

Document number M4441

Recommendation

That the Council

1. Confirms the minutes of the meeting of the Council, held on 27 August 2019, as a true and correct record.

7. Recommendations from Committees

7.1 Works and Infrastructure Committee - 15 August 2019

7.1.1 Nelson Regional Sewerage Business Unit 2019/20 Business Plan

Recommendation to Council

That, subject to a reciprocal resolution from the Tasman District Council, the Council

1. Approves the Nelson Regional Sewerage Business Unit 2019/20 Business Plan (A2227841).

7.1.2 Nelson Tasman Joint Waste Management and Minimisation Plan

Recommendation to Council

That the Council

1. Approves the Nelson Tasman Joint Waste Management and Minimisation Plan (A2227838), subject to a reciprocal agreement by Tasman District Council; and

2. Notes that the scope, timing and funding of proposed activities in the Joint Waste Management and Minimisation Plan will be considered in the development of the Long Term Plan 2021-2031.

7.2 Sports and Recreation Committee - 20 August 2019

7.2.1 Council Facilities Venue Hire Fund: Criteria 48 - 52

Note: The criteria for the Council Facilities Venue Hire Fund (A2215195) has been updated to reflect the changes in recommendation 1 below, and is attached for reference.

Recommendation to Council

That the Council

1. Approves the criteria for the Council Facilities Venue Hire Fund, set out in Attachment 1 (A2215195) with the changes discussed for pages 3 and 4 of the attachment 1; and

2. Notes that requests for discounts from Mainland Netball, Nelson Tasman Chamber of Commerce (NTCC), and the Nelson Residents Association are proposed to be approved by officers until criteria for the Council Facilities Venue Hire Fund are approved by Council; and

3. Directs officers to update the Sports and Recreation Committee on the operation of the Council Facilities Venue Hire Fund via the Quarterly Report and, at the end of 2019/20, to provide a review of the fund.

7.3 Planning and Regulatory Committee - 22 August 2019

7.3.1 Building Act 2004 - Earthquake Prone Buildings - Priority Buildings and Dangerous, Insanitary and Affected Buildings Policy

Recommendation to Council

That the Council

1. Approves the Statement of Proposal (A2097637) and its attachment (A2077485) detailing proposed areas with sufficient traffic and the proposed routes of strategic importance; and

2. Approves the Statement of Proposal (A2053947) and its attachment (A2060286) detailing the proposed Dangerous, Insanitary and Affected Buildings Policy; and

3. Approves that a summary of the Statement of Proposal is not required for the proposed Dangerous, Insanitary and Affected Buildings Policy; and

4. Approves the consultation approach (set out in section 6 of this report R9240) and agrees:

(a) the approach includes sufficient steps to ensure the Statement of Proposal will be reasonably accessible to the public and will be publicised in a manner appropriate to its purpose and significance; and

(b) the approach will result in the Statement of Proposal being as widely publicised as is reasonably practicable as a basis for consultation.

7.4 Planning and Regulatory Committee - 22 August 2019

7.4.1 Deliberations on the proposed Navigation Safety Bylaw

Recommendation to Council

That the Council

1. Approves the amendments to the Proposed Navigation Safety Bylaw shown in Attachment 1 (A2233850), noting the following changes:

a) Update provision 1.1 to reference the correct legislation and date of the amended Bylaw coming into force;

b) Change definitions in 1.3 to:

· refer to correct legislation (under Enforcement Officer and Harbourmaster),

· correct standards and terms under the Lifejacket definition,

· add “entity” under the Marina Supervisor definition,

· add a definition for Novel Craft,

· add stand up paddle boards to the Paddle Craft definition;

· amend the Recreational Vessel definition to exclude vessels used for hire or reward and include novel craft,

· delete stand up paddle board from the Surf Board definition, and

· delete “used in navigation” term under the Vessel definition;

c) Include an exemption in 2.5 for vessels working on or under wharves;

d) Require written permission from the Harbourmaster for obstructions in 2.6 a);

e) Amend 2.7 to ensure lifejackets or personal floatation devices are on board recreational vessels and every person on a recreational vessel or novel craft less than six metres in length must wear the lifejacket. Amend and simplify the exemptions to include paddle craft in shallow waters, divers wearing a wetsuit/drysuit (unless underway), people sleeping below deck at anchor and any other exemption or exclusion under Maritime Rules Part 91;

f) Amend wording in 2.8 and 2.9 to improve certainty;

g) Delete reference to speed for the lookout requirement in 2.11;

h) Amend 2.16 c) to require marker buoys are labelled or marked with the owner’s contact details;

i) Amend 2.19 to include the ability of the Harbourmaster to declare specified areas of the harbour closed for navigation safety purposes;

j) Amend 2.20 to clarify red light use outcomes;

k) Change the words “in the vicinity” in 2.21 b) to “within 50 metres”;

l) Amend 2.26 for clarity in a), include a requirement to register the vessel details except for Yachting New Zealand and affiliated clubs and when using the trailer’s registration number in c), delete “non-mechanically powered” in clause d) and consequential deletion of clause e);

m) Add provision 2.27 to require a person in charge be identified and responsible for the safe operation of the vessel and the safety of people on board;

n) Add provision 2.28 to require at least two communication devices on board the vessel;

o) Add provision 2.29 on vessel load and stability;

p) Delete provision 3.3 on alcohol consumption;

q) Amend 3.11 to add that the person in charge of an unseaworthy vessel must comply with conditions imposed by the Harbourmaster or Marina Supervisor;

r) Change the word “cleaning” to “inspecting” in 3.22;

s) Amend 4.1 to include grinding operations in relation to hot work permits;

t) Delete duplicated provisions 4.2 c) to e) and 4.4;

u) Add provision 5.7 for the cruise ship anchoring area;

v) Changes to provision 6.1 to include the ability to apply for multiple events within one year in one application, to identify that on approval of the application the details of the activity will be displayed on the Council website and included in a Navigation Safety Notice and consequently delete 6.1 f);

w) Add a Navigation Safety Officer position in 6.9;

x) Amend maps 3,4 and 6 and add map 7;

y) Amend Appendix 1 to reflect regulations;

z) Delete Appendices 2 – 6 and change associated references to refer to Council’s website.

2. Agrees the amendments do not give rise to any implications under the New Zealand Bill of Rights Act 1990 and the amended Navigation Safety Bylaw is the most appropriate form of Bylaw; and

3. Adopts the Navigation Safety Bylaw as amended and appended to this report as Attachment 1 (A2233850); and

4. Determines that the Navigation Safety Bylaw will take effect from 1 October 2019.

7.5 Community Services Committee - 29 August 2019

7.5.1 Tahunanui Lions Playground Toilets

Note: Subsequent to the Community Services Committee meeting the Chair of the Community Services Committee, with the agreement of the mover and seconder, requested the recommendation be amended to clarify that total project costs included Ministry of Business, Innovation and Employment funding.

Recommendation to Council

That the Council

1. Approves Option 3 of the Tahunanui Lions Playground Toilets Report (R10255) as the preferred option for the Tahunanui Lions Playground Toilets; and

2. Approves an increase in the net project cost of the Tahunanui Lions Playground toilet project to the Council over the three year period 2018/19 to 2020/21 by $133,700 to $650,000 and the total project cost of the project over the three year period 2018/19 to 2020/21 of $900,000 (including Ministry of Business, Innovation and Employment funding of $250,000).

7.5.2 Millers Acre Toilets

Recommendation to Council

That the Council

1. Approves Option 2 of the Millers Acre Toilets Report (R10374) as the preferred option for the Millers Acre Toilets; and

2. Approves an increase in the net cost of the Millers Acre Toilet project over the three year period 2018/19 to 2020/21 by $50,000 to $564,500 and the total cost of the project increasing to $814,500 (including Ministry of Business, Innovation and Employment funding of $250,000).

7.6 Audit, Risk and Finance Subcommittee –
17 September 2019

Note: The following recommendations to Council are draft only, as the Council agenda was prepared prior to the Audit, Risk and Finance Subcommittee meeting taking palce. If any changes are made at the Audt, Risk and Finance Subcommittee, an updated recommendation to Council will be provided at the Council meeting.

7.6.1 Carry Forwards 2018/19

Recommendation to Council

That the Council

1. Approves the carry forward of $877,000 unspent capital budget for use in 2019/20; and

2. Notes that this is in addition to the carry forward of $4,319,000 approved during the 2019/20 Annual Plan, taking the total carry forward to $5,196,000; and

3. Approves the carry forward of $380,000 of unspent operating budget for use in 2019/20; and

4. Notes total savings in 2018/19 capital expenditure of $2,357,000 million including staff time; and

5. Notes that the total 2019/20 capital budget (including staff costs and excluding consolidations and vested assets) will be adjusted by these resolutions to a total of $44,717,000.

7.6.2 Draft Annual Report 2018/19

Recommendation to Council

That the Council

1. Notes the draft Annual Report 2018/19 has been prepared and will be audited before being presented to Council for adoption on 31 October 2019.

7.6.3 Draft Treasury Management Policy including Liability Management and Investment Policies

Recommendation to Council

That the Council

1. Adopts the Treasury Management Policy (A2258406).

5. Mayor's Report 53 - 56

Document number R11462

Recommendation

That the Council

1. Receives the report Mayor's Report (R11462) and its attachment (A2227786); and

2. Approves retrospectively the attached submission on the review of Climate Change Response (Zero Carbon) Amendment Bill (A2227786).

6. City Centre Programme Plan 57 - 88

Document number R10313

Recommendation

That the Council

1. Receives the report City Centre Programme Plan (R10313) and its attachment (A2247904); and

2. Adopts the City Centre Programme Plan (A2247904) and

3. Notes that the City Centre Programme Plan will provide strategic direction for other work streams within Council, including Long Term, Activity Management Plans (e.g. infrastructure, transport and parks), Nelson Plan and Future Development Strategy;

4. Directs officers to bring back to Council the Delivery Plan of the City Centre Programme Plan.

7. Housing Intensification Action Plan - Scope 89 - 96

Document number R10376

Recommendation

That the Council

1. Receives the report Housing Intensification Action Plan - Scope (R10376); and

2. Approves the scope of the Housing Intensification Action Plan and the timeframes included in the report Housing Intensification Action Plan - Scope (R10376)

8. National Policy Statement - Urban Development Capacity - 2018/19 annual monitoring report 97 - 118

Document number R10449

Recommendation

That the Council

1. Receives the report National Policy Statement - Urban Development Capacity - 2018/19 annual monitoring report (R10449) and its attachment (A2253680); and

2. Agrees to the report being circulated to the Ministry of Housing and Urban Development and placed on Council’s website.

Public Excluded Business

9. Exclusion of the Public

Recommendation

That the Council

1. Confirms, in accordance with sections 48(5) and 48(6) of the Local Government Official Information and Meetings Act 1987, that

Paul Bell (Intepeople) remain after the public has been excluded, for Item 2.3 of the Public Excluded agenda (Recommendations from Committees – Chief Executive Employment Committee – 10 September 2019), as he has knowledge relating to the Chief Executive Performance Review Report to 30 June 2019; the Chief Executive Remuneration Review 2019, the Chief Executive’s Draft Performance Agreement 2019/20, and Release of the Chief Executive Performace Agreement and Key performance Indicators that will assist the meeting; and

Tony Lewis (Tasman Rugby Union) and Mark Rawson (Nelson Regional Development Agency) remain after the public has been excluded, for Item 3 of the Public Excluded agenda (Request from Tasman Rugby Union (TRU)), as they have knowledge relating to the Tasman Rugby Union’s request that will assist the meeting.

Recommendation

That the Council

1. Excludes the public from the following parts of the proceedings of this meeting.

2. 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 are as follows:

Item	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interests protected (where applicable)
1	Council Meeting - Public Excluded Minutes - 8 August 2019	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.	The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person · Section 7(2)(b)(ii) To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
2	Recommendations from Committees Sports and Recreation Committee 20/8/18 Brook Valley Holiday Park: Relocatable Home Park Governance Committee 5/9/19 Nelmac Limited Director Appointments Nelmac Directors’ Remuneration – 2019 Nelson Regional Development Agency – Reappointment of Directors The Bishop Suter Trust – Trustee Appointments and Remuneration Chief Executive Employment Committee 10/9/2019 Chief Executive Performance to 30 June 2019 Chief Executive Remuneration Review 2019 Chief Executive’s Draft Performance Agreement 2019/20 Release of Chief Executive Performance Agreement and Key Performance Indicators	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person · Section 7(2)(b)(ii) To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
3	Request from the Tasman Rugby Union (TRU)	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Note:

· This meeting is expected to continue beyond lunchtime. (delete as appropriate)

· Lunch will be provided. (delete as appropriate)

· Youth Councillors Alexandra Lile and Theo Wheatley will be in attendance at this meeting. (delete as appropriate)

Nelson City Council Minutes - 08 August 2019

Minutes of a meeting of the Nelson City Council

Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson

On Thursday 8 August 2019, commencing at 9.00a.m.

Present: Her Worship the Mayor R Reese (Chairperson), Councillors L Acland, I Barker, M Courtney, B Dahlberg, K Fulton, M Lawrey, P Matheson, B McGurk, G Noonan, M Rutledge, T Skinner and S Walker

In Attendance: Chief Executive (P Dougherty), Group Manager Infrastructure (A Louverdis), Group Manager Environmental Management (C Barton), Group Manager Community Services (R Ball), Group Manager Corporate Services (N Harrison), Group Manager Strategy and Communications (N McDonald), Team Leader Governance (R Byrne) and Governance Adviser (E Stephenson)

Apologies : Nil

Opening Prayer

Councillor Fulton gave the opening prayer.

1. Apologies

2. Confirmation of Order of Business

Item 6: Tahunanui Modellers Pond Trial - Way Forward, would be considered at 11.00a.m. in order for the Modellers Pond Working Party and Council’s consultant to attend.

3. Interests

There were no updates to the Interests Register.

Councillor McGurk subsequently noted an interest in Item 5 of the Public Excluded agenda (Community Housing: Negotiating Brief and Proposed Divestment Process) and withdrew from the meeting.

Councillor Matheson subsequently noted an interest in Item 7 of the Public Excluded agenda (Event funding: Adam Chamber Music Festival) and withdrew from the meeting.

4. Public Forum

4.1 Nelson Music Festival Trust (NMFT), trading as the Adam Chamber Music Festival.

Bob Bickerton spoke about the funding application which had been lodged with the Nelson Regional Development Agency and presented a powerpoint presentation, which was tabled.

Mr Bickerton answered questions on funding options, event pricing and economic return to the Nelson community.

Attachments

1 A2237815 Bob Bickerton Nelson Music Festival Trust Adam Chamber Music Festival Funding Application Powerpoint Public Forum Council 08Aug2019

4.2 Dan McGuire - The Climate Emergency Declaration and the Expenditure

Dan McGuire spoke about the declaration of climate emergency and follow up actions of Council. He did not agree that climate change was the biggest threat the world faced and said that Council was operating with a knee jerk reaction which gave the New Zealand Transport Agency an opportunity to delay funding on the Rocks Rd walkway.

4.3 Lindsay Wood - Action for the Climate Emergency (ACE)

Lindsay Wood presented a powerpoint presentation, which was tabled, and spoke on issues relating to transport, public education, council policy and timeframes in regard to the climate emergency. He noted Council held a pivotal place in tackling climate change.

Attachments

1 A2240571 Lindsay Wood Action for the Climate Emergency Powerpoint Public Forum Council 08Aug2019

4.4 Peter Kortegast - Custom House Heritage Verandah and Haven Road Cycle Facility

Peter Kortegast presented a powerpoint presentation, which was tabled, and spoke about the removal of a veranda on the Custom House heritage building, noting he had since been advised that it would be put back later in the year. He was surprised that Heritage NZ were unaware of its removal or refurbishment.

Attachments

1 A2241179 Peter Koretegast Custom House Heritage Door Verandah and Haven Road Cycle Facility Powerpoint Public Forum Council 08Aug2019

4.5 Nelson Grey Power – Community Housing

Christine Tuffnell spoke about community housing guidelines and Greypower’s concern that social housing could not be ring fenced for pensioners and those with highest need, generally single parents, would be allocated housing first. She was concerned that, should Council sell its community housing units the social shape of the current pensioners community would change for the worse.

4.6 Janice Craven - Community Housing

Janice Craven spoke on the sale of pensioner housing noting she believed that Council was putting finance before welfare of the elderly, she felt Council had a moral and spiritual obligation to ensure this tenants were provided for and requested that Council not proceed with its decision to sell the community housing units .

4.7 Graeme O’Brien - Community Housing

Graeme O’Brien spoke on the sale of community housing and said that Council had not shown willingness to explore innovative solutions such as co-housing communities, which was included in the recommendations from a 2016 report on pensioner housing.

Her Worship the Mayor clarified that, following extensive consultation, Council had approved the divestment of community housing assets conditional on a suitable sale and purchase agreement where tenant wellbeing and ratepayer interest was met.

5. Confirmation of Minutes

5.1 20 June 2019

Document number M4290, agenda pages 14 - 38 refer.

Resolved CL/2019/141

That the Council

1. Confirms the minutes of the meeting of the Council, held on 20 June 2019, as a true and correct record.

Her Worship the Mayor/Walker Carried

5.2 27 June 2019

Document number M4318, agenda pages 39 - 67 refer.

Resolved CL/2019/142

That the Council

1. Confirms the minutes of the meeting of the Council, held on 27 June 2019, as a true and correct record.

Her Worship the Mayor/Courtney Carried

6. Recommendations from Committees

6a Community Service Committee - 11 April 2019

Resolved CL/2019/143

That the Council

1. Approves the proposed five focus areas of the Founders Heritage Park plan as enhancing the visitor experience, building Iwi partnerships, heritage protection and sector integration, venue development and financial sustainability; and

2. Approves the updated 10-year vision statement (A2183151) for Founders Heritage Park.

Noonan/Courtney Carried

6.1 Audit, Risk and Finance Subcommittee - 25 June 2019

6.1.1 Draft Annual Internal Audit Plan - 30 June 2020

Resolved CL/2019/144

That the Council

1. Approves the Draft Annual Internal Audit Plan - 30 June 2020 (A2202709).

Barker/Dahlberg Carried

6.2 Regional Transport Committee - 1 July 2019

6.2.1 Regional Land Transport Plan variation - Nelson State Highway Speed Management Guide Implementation

Resolved CL/2019/145

That the Council

1. Approves that the Nelson Regional Land Transport Programme 2015-21 is varied to include a total of $1.26M for Nelson State Highway Speed Management Guide Implementation over 2018-2021 with a 100% Funding Assistance Rate

Rutledge/Noonan Carried

6.3 Sports and Recreation Committee - 2 July 2019

6.3.1 Cawthron Reserve (Cawthron Crescent) - Wastewater Easement

Resolved CL/2019/146

That the Council

1. Grants the easement in gross, meaning granting the easement to Nelson City Council rather than to property, in favour of Nelson City Council over the area shown in red on the plan (A2194740) of Cawthron Reserve (NL2C/108) for wastewater purposes.

Skinner/Dahlberg Carried

6.4 Governance Committee - 25 July 2019

6.4.1 Nelson Regional Development Agency - draft Statement of Intent 2019/20

Resolved CL/2019/147

That the Council

1. Agrees that the Nelson Regional Development Agency Statement of Intent 2019/20 meets Council’s expectations and is approved as the final Statement of Intent for 2019/20.

Barker/Dahlberg Carried

7. Council Status Report

Document number R10381, agenda pages 70 - 72 refer.

Resolved CL/2019/148

That the Council

1. Receives the report Council Status Report (R10381) and its attachment (A1168168).

Barker/McGurk Carried

The meeting adjourned from 10.25a.m. until 10.40a.m. at which time Councillor Acland left the meeting.

8. Mayor's Report

Document number R10371, agenda pages 73 - 159 refer.

Her Worship the Mayor presented her report and noted that in order to advance Council’s decision on climate change actions she was meeting with a small group of people who volunteered to look at a draft Terms of Reference for a Climate Forum.

She noted that Council had taken a leadership role in supporting the recommendation to provide a childcare allowance for elected members, this was now included in the Remuneration Authority 2019/2020 determination.

Resolved CL/2019/149

That the Council

1. Receives the report Mayor's Report (R10371) and its attachments (A2209899 and A1546381); and

2. Approves the payment of a Childcare allowance as per the Local Government Members (2019/20) Determination (A2209899) at an hourly rate of up to the Living Wage; and

3. Adopts the amended Nelson City Council Elected Members Reimbursement and Expenses Policy 2016 (A1546381)

Her Worship the Mayor/Lawrey Carried

The Mayor’s Report item was adjourned at 11.05a.m. to consider Item 6: Tahunanui Modellers Pond Trial in order for the Modellers Pond Working Party and a Council consultant to attend.

9. Tahunanui Modellers Pond Trial - Way Forward (Agenda Item 6)

Document number R10038, agenda pages 219 - 270 refer.

Manager Utilities, David Light, presented the report.

John Gilbertson, Alan Malaquin and Nigel Gibbs, representatives from the Modellers Pond Working Party (MPWP) were present, along with Rupert Craggs from NIWA. Mr Gilbertson provided additional information on behalf of the Tahunanui Business Association, which was tabled.

Mr Light answered questions on the options to be considered:

· he confirmed that option 2 had a current resource consent, although officers recommended further consultation with iwi;

· officers recommended options 3 and 4 be further investigated and that of these the MPWP favoured option 3, although option 2 was their first choice;

· he confirmed that under option 2 the pond would need to be cleaned 2-3 times a month in summer;

· that in option 2 the level of the pond would be raised and concreted and that high tides would flush the pond;

· that officers considered the costs for option 2 would be higher that quoted; and

· confirmed that the trial was not a failure, that the products showed promise but there were too many variables to provide a good outcome.

Mr Gibbs answered questions on use of the pond and confirmed that as 80% of members were currently unable to sail their boats, many were using the Saxton and Mapua ponds.

Attendance: Councillor Acland returned to the meeting at 11.32a.m.

Mr Craggs provided further information on the growth of rupier weed and algae, and how salinity and temperature affected their growth.

Group Manager Community Services, Roger Ball, answered questions on the cost of the preferred options 3 and 4, explaining that from a parks and recreation point of view officers would like those options explored more fully as there were larger concerns around use of the reserve and these recommended options provided for wider opportunities.

Chief Executive, Pat Dougherty, provided further background on the stormwater use for the pond; he was confident that there were alterative options to separate the treatment of stormwater.

Councillor Matheson moved an amended officer’s recommendation, seconded by Councillor Noonan.

That the Council

1. Receives the report Tahunanui Modellers Pond Trial - Way Forward (R10038) and its attachments (A2223677, A2223678, A2223679 and A2230776); and

2. Notes that officers do not support continuing with using Diatomix; and

3. Approves progressing Option 2 of Report R10038 and any alternative option iwi consider appropriate to preliminary design at an additional unbudgeted cost of $80,000; and

4. Requests Council officers bring a report back to the Sports and Recreation Committee detailing the findings from updated design for Option 2, of Report 10038 and any alternative option iwi consider appropriate before proceeding to public consultation.

Attendance: Councillor Skinner left the meeting from 12.22p.m. until 12.25p.m.

The meeting adjourned from 12.38p.m. until 1.13p.m.

Environmental Programmes Adviser, Karen Lee, was asked to confirm the impact on emissions from lining the pond with concrete. She advised that 12m³ of concrete was equivalent to 426 tonnes of carbon dioxide.

The meeting adjourned from 1.14p.m. until 1.26p.m.

Councillor McGurk moved an amendment, seconded by Councillor Acland.

That the Council

1. Receives the report Tahunanui Modellers Pond Trial - Way Forward (R10038) and its attachments (A2223677, A2223678, A2223679 and A2230776); and

2. Notes that officers do not support continuing with using Diatomix; and

3. Approves progressing Options 1, 2 3 and 4 of Report R10038 and any alternative option iwi consider appropriate to preliminary design at an additional unbudgeted cost of $200,000; and

4. Requests Council officers bring a report back to the Sports and Recreation Committee detailing the findings from preliminary design for Options 1, 2, 3 and 4 of Report 10038 and any alternative option iwi consider appropriate before proceeding to public consultation.

Group Manager Corporate Services, Nikki Harrison, answered questions on the financial impact of unbudgeted costs.

Her Worship the Mayor foreshadowed that she would move an amendment without option 1, should the current amendment fail.

Attendance: Councillor Fulton left the meeting at 1.56p.m.

Attendance: Councillor Matheson left the meeting from 1.59p.m. until 2.02p.m.

The amendment was put and a division was called:

For

Cr Acland

Cr Courtney

Cr Lawrey

Cr McGurk

Against

Her Worship the Mayor Reese (Chairperson)

Cr Barker

Cr Dahlberg

Cr Matheson

Cr Noonan

Cr Rutledge

Cr Skinner

Cr Walker

Absent

Cr Fulton

The amendment was lost 4 - 8.

Her Worship the Mayor moved a further amendment, seconded by Councillor Courtney.

Recommendation

That the Council

1. Receives the report Tahunanui Modellers Pond Trial - Way Forward (R10038) and its attachments (A2223677, A2223678, A2223679 and A2230776); and

2. Notes that officers do not support continuing with using Diatomix; and

3. Approves progressing Options 2 (with minor updates), 3 and 4 of Report R10038 and any alternative option iwi consider appropriate to preliminary design at an additional unbudgeted cost of $160,000; and

4. Requests Council officers bring a report back to the Sports and Recreation Committee detailing the findings from preliminary design for Options 2, 3 and 4 of Report 10038 and any alternative option iwi consider appropriate before proceeding to public consultation.

Her Worship the Mayor called a Point of Order with Councillor Barker for misrepresenting an officer’s statement. Councillor Barker withdrew his statement.

The amendment was put and a division was called:

For

Her Worship the Mayor Reese (Chairperson)

Cr Acland

Cr Courtney

Cr Lawrey

Cr McGurk

Against

Cr Barker

Cr Dahlberg

Cr Matheson

Cr Noonan

Cr Rutledge

Cr Skinner

Cr Walker

Absent

Cr Fulton

The amendment was lost 5 - 7.

Attendance: Councillor Fulton returned to the meeting at 2.31p.m.

The substantive motion was put, amended to include minor updates for option 2.

Resolved CL/2019/150

That the Council

1. Receives the report Tahunanui Modellers Pond Trial - Way Forward (R10038) and its attachments (A2223677, A2223678, A2223679 and A2230776); and

2. Notes that officers do not support continuing with using Diatomix; and

3. Approves progressing Option 2 (with minor updates) of Report R10038 and any alternative option iwi consider appropriate to preliminary design at an additional unbudgeted cost of $80,000; and

4. Requests Council officers bring a report back to the Sports and Recreation Committee detailing the findings from updated design for Option 2, of Report 10038 and any alternative option iwi consider appropriate before proceeding to public consultation.

The substantive motion was put and a division was called:

For

Her Worship the Mayor Reese (Chairperson)

Cr Barker

Cr Dahlberg

Cr Matheson

Cr Noonan

Cr Rutledge

Cr Skinner

Cr Walker

Against

Cr Acland

Cr Courtney

Cr Fulton

Cr Lawrey

Cr McGurk

The substantive motion was carried 8 - 5.

Matheson/Noonan Carried

Attachments

1 A2241452 John Gilbertson Tahunanui Modellers Pond Working Party Tabled Documents Council 08Aug2019

The meeting adjourned from 2.37p.m. until 2.29p.m.

10 Mayor's Report (reconvened)

Councillor Lawrey spoke about the recent Local Government New Zealand conference and tabled information on the Wellington City initiative of Te Kainga (meaning: The Village) where the Council is working in partnership with private property owners to provide inner city housing.

Attachments

1 A2240907 Councillor Matt Lawrey Report 2019 LGNZ Annual Conference Council 08Aug2019

11. Certified Emissions Measurement and Reduction Scheme (CEMARS) Emissions Inventory Report and Action Plan to Reduce Council Greenhouse Gas Emissions

Document number R10337, agenda pages 160 - 195 refer.

Group Manager Environment, Clare Barton, and Environmental Programmes Adviser, Karen Lee, presented the report and advised that the inventory report had been updated and a final copy would be circulated.

Ms Barton and Ms Lee answered questions on baseline, further work required in order to set targets, management of jointly owned landfill and sewer which comprised 85% of emissions, and identifying pathways to reduce other emissions (e.g. electricity). Ms Barton noted the timelines in the report would be updated once investigations had been completed. Once the action plan was adopted, investigations could start which would then inform the Activity Management Plans for the Long Term Plan.

Attendance: Councillor Matheson left the meeting from 3.09p.m. until 3.33p.m.

Attendance: Councillors Acland and Barker left the meeting at 4.25p.m. Councillor Barker returned to the meeting at 3.44p.m. and Councillor Acland returned at 3.46p.m.

Attendance: Councillor Rutledge left the meeting at 3.53p.m.

Resolved CL/2019/151

That the Council

1. Receives the report Certified Emissions Measurement and Reduction Scheme (CEMARS) Emissions Inventory Report and Action Plan to Reduce Council Greenhouse Gas Emissions (R10337) and its attachments (A2222281, A2223596 and A2220460); and

2. Approves the Certified Emissions Measurement and the Reduction Scheme Action Plan including SMART objectives will be introduced by 2020 and incorporated into Council’s Activity Management Plans

Fulton/Her Worship the Mayor Carried

Extension of Meeting Time
Resolved CL/2019/152
	*That the Council* *1. Extends the meeting time beyond six hours, pursuant to Standing Order 4.2.*
Walker/Skinner Carried

12. Parking Meter Renewal

Document number R9935, agenda pages 196 - 218 refer.

Manager Transport and Solid Waste, Marg Parfitt, presented the report and answered questions on future changes to Council’s parking policy, management of time limits, possible savings and enforcement of one hour free parking.

Attendance: Councillor Rutledge returned to the meeting at 3.57p.m.

Attendance: Councillor Dahlberg left the meeting from 4.12p.m. until 4.14pm

Attendance: Councillor Acland left the meeting at 4.16p.m.

Resolved CL/2019/153

That the Council

1. Receives the report Parking Meter Renewal (R9935) and its attachments (A2149051, A2148865, A2228122); and

2. Approves that the existing parking meters be renewed using Pay-by-Plate technology and that tenders be called for on this basis; and

3. Determines that amendment of the Parking and Vehicle Control Bylaw 2011 (No.207) is the most appropriate way of ensuring that it will support pay-by-plate technology and that the proposed amendments would be the most appropriate form of bylaw and would not give rise to any implications under the New Zealand Bill of Rights Act 1990; and

4. Determines the most appropriate form of consultation for the proposed amendment to the Parking and Vehicle Control Bylaw 2011 (No.207) that will support pay-by-plate technology, is under s82 of the Local Government Act 2002 and as set out in this report R9935; and

5. Notes that, following completion of the consultation process, a report will be brought back to Council to decide on changes to the Bylaw

Barker/Noonan Carried

13. Approval for Use of Saxton Field for Bay Dreams South 2020

Document number R10360, agenda pages 271 - 282 refer.

Group Manager Community Services, Roger Ball and Events and Venues Adviser, Lynette Haack presented the report and advised that the recommendation had been updated to reflect that the Chief Executive had provided approval.

Resolved CL/2019/154

That the Council

1. Receives the report Approval for Use of Saxton Field for Bay Dreams South 2020 (R10360) and its attachments (A2203993 and A2203994); and

2. Notes that consultation with the Saxton Field Committee has taken place, and the Committee has expressed its support for camping to return to Saxton Field; and

3. Consents to the temporary use of Saxton Field Reserve as a camping ground for up to 3,500 campers, associated with the Bay Dreams music event from 3 - 5 January 2020 under section 44(1) of the Reserves Act 1977; and

4. Notes that the Chief Executive has granted exclusive use of Alliance Green and the football pitches of Saxton Field for the Bay Dreams South festival 2020 in accordance with section 53 of the Reserves Act 1977; and

5. Agrees to impose a temporary ban on the consumption and possession of alcohol at Saxton Field between 07:00am on 3 January 2019 to 09:00pm on 5 January 2020 pursuant to clause 6.15 of the Urban Environments Bylaw 2015.

Her Worship the Mayor/Barker Carried

14. Naming Policy Review Options

Document number R10142, agenda pages 283 - 298 refer.

Policy Adviser, Gabrielle Thorpe presented the report.

Resolved CL/2019/155

That the Council

1. Receives the report Naming Policy Review Options (R10142) and its attachments (A306318 and A2227857); and

2. Agrees that officers draft a new Naming Policy for Council approval.

McGurk/Fulton Carried

15. Brook Reserve - change of specific local purpose and declaring stopped road to be reserve

Document number R10247, agenda pages 299 - 332 refer.

Resolved CL/2019/156

That the Council

1. Receives the report Brook Reserve - change of specific local purpose and declaring stopped road to be reserve (R10247) and its attachments (A1903135, A2230208 and A2237459); and

2. Declares the stopped road land as marked purple on Attachment 1 (A1903135) of report (R10247) to vest as Local Purpose (Outdoor Leisure, Camping, Conservation and Education) Reserve under section 14 of the Reserves Act 1977, to be amalgamated into the adjoining reserve; and

3. Approves the change in specified purpose of the Local Purpose (Recreation) Reserve as marked green on Attachment 1 (A1903135) of report (R10247) to Local Purpose (Outdoor Leisure, Camping, Conservation and Education) Reserve under section 24A of the Reserves Act 1977; and

4. Delegates the authority to the Chief Executive to take the steps necessary to prepare and place notices in the Gazette in order to vest the stopped road land as reserve and change the specific local purpose of the Local Purpose Reserve; and

5. Delegates the authority to the Chief Executive to take the steps necessary to complete the road stopping process under Schedule 10 of the Local Government Act 1974 and amalgamate the reserve.

Fulton/Barker Carried

16. Exclusion of the Public

Resolved CL/2019/157

That the Council

1. Excludes the public from the following parts of the proceedings of this meeting.

Her Worship the Mayor/Walker Carried

Item	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interests protected (where applicable)
1	Council Meeting - Public Excluded Minutes - 20 June 2019	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.	The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person · Section 7(2)(g) To maintain legal professional privilege · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) · Section 7(2)(b)(ii) To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information
2	Council Meeting - Public Excluded Minutes - 27 June 2019	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.	The withholding of the information is necessary: · Section 7(2)(g) To maintain legal professional privilege • Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
3	Recommendations from Committees Audit, Risk and Finance Committee 25 June 2019 Bad Debt Write Off for Year Ending 30 June 2019 Works and Infrastructure Committee 27 June 2019 Part of Princes Drive – proposed road stopping Sports and Recreation Committee 2 July 2019 Land purchase – Grampians extension, Brook Valley Governance Committee 25 July 2019 Nelmac Director Appointment Nelson Regional Development Agency Director Appointment	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person • Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
4	Council Status Report - Public Excluded	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(a) To protect the privacy of natural persons, including that of a deceased person · Section 7(2)(g) To maintain legal professional privilege · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
5	Mayor's Report	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(b)(ii) To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information
6	Community Housing: Negotiating Brief and Proposed Divestment Process	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
7	Legal Advice on Brook Reserve Management Plan Legal advice	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(g) To maintain legal professional privilege
8	Event funding - Adam Chamber Music Festival	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Council Meeting - Public Excluded Minutes - 20 June 2019

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.

The withholding of the information is necessary:

· Section 7(2)(a)

To protect the privacy of natural persons, including that of a deceased person

· Section 7(2)(g)

To maintain legal professional privilege

· Section 7(2)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

· Section 7(2)(b)(ii)

To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information

Council Meeting - Public Excluded Minutes - 27 June 2019

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.

The withholding of the information is necessary:

· Section 7(2)(g)

To maintain legal professional privilege

• Section 7(2)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Recommendations from Committees

Audit, Risk and Finance Committee 25 June 2019

Bad Debt Write Off for Year Ending 30 June 2019

Works and Infrastructure Committee 27 June 2019

Part of Princes Drive – proposed road stopping

Sports and Recreation Committee 2 July 2019

Land purchase – Grampians extension, Brook Valley

Governance Committee 25 July 2019

Nelmac Director Appointment

Nelson Regional Development Agency Director Appointment

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(a)

To protect the privacy of natural persons, including that of a deceased person

• Section 7(2)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Council Status Report - Public Excluded

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(a)

To protect the privacy of natural persons, including that of a deceased person

· Section 7(2)(g)

To maintain legal professional privilege

· Section 7(2)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Mayor's Report

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(b)(ii)

Community Housing: Negotiating Brief and Proposed Divestment Process

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Legal Advice on Brook Reserve Management Plan

Legal advice

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(g)

To maintain legal professional privilege

Event funding - Adam Chamber Music Festival

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

The meeting went into public excluded session at 4.45pm, during which time Councillor Acland returned to the meeting at 5.05p.m. the meeting resumed in public session at 6.46p.m.

Restatements

It was resolved while the public was excluded:

2. PUBLIC EXCLUDED: Recommendations from Committees

2.1.1

PUBLIC EXCLUDED: Bad debt writeoff for year ending 30 June 2019

That the Council

1. Approves the balance of $4,829 plus GST owing by David Smith be written off as at 30 June 2019; and

2. Agrees that Report (R10268) be excluded from public release at this time; and

3. Agrees that the decision (CL/2019/160) be released at this time.

2.2.1	PUBLIC EXCLUDED: Part of Princes Drive - proposed road stopping
	*3. Agrees that Report (R10067), Attachments (A2201970 and A2201973 ) and the decision (CL/2019/161) be excluded from public release at this time.*

2.3.1

PUBLIC EXCLUDED: Land Purchase - Grampians Extension, Brook Valley

1. Approves the purchase of 42 Sowman Street, being Lot 2 DP 426879, as an extension to the Grampians Reserve, at a price of $620,000 plus GST (if any), funded from the Neighbourhood Reserves Land Purchase Account; and

2. Agrees that the decision (CL/2019/162) only be released from public excluded business once negotiations are concluded; and

3. Agrees that Report (R9340) and Attachments (A2209979 and A2202530) be excluded from public release at this time.

2.4.1

PUBLIC EXCLUDED: Nelmac Director Reappointment

1. Reappoints Rob Gunn as a Director of Nelmac Limited for an additional two years from October 2020 to October 2022

2. Agrees that the decision (CL/2019/163) only be released from public excluded business; and

3. Agrees that Report (R10263) and Attachment (A2205856) be excluded from public release at this time.

2.4.2	PUBLIC EXCLUDED: Nelson Regional Development Agency - Director Remuneration - 2019
	1. *Agrees* *that Report (R10021), Attachment (A2045559) and the Decision (CL/2019/164) be released from public excluded business once negotiations are concluded.*

5	PUBLIC EXCLUDED: Community Housing: Negotiating Brief and Proposed Divestment Process
	1. Agrees that the Decision (CL/2019/166), Report (R10205) and its attachment (A2232616) be excluded from public release at this time.

6	PUBLIC EXCLUDED: Legal Advice on Brook Reserve Management Plan
	1. Agrees that Report (R10405) be excluded from public release at this time.

PUBLIC EXCLUDED: Event funding - Adam Chamber Music Festival

1. Agrees that the decision only be released from public excluded business once negotiations are concluded; and

2. Agrees that Report (R10281) and attachment (A2211701) be excluded from public release at this time.

There being no further business the meeting ended at 6.46p.m.

Confirmed as a correct record of proceedings:

Chairperson Date

Nelson City Council Minutes - 27 August 2019

Minutes of a meeting of the Nelson City Council

Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson

On Tuesday 27 August 2019, commencing at 9.03a.m. - to deliberate on submissions to the Declaration of a Pedestrian Mall - Upper Trafalgar Street

Present: Her Worship the Mayor R Reese (Chairperson), Councillors L Acland, I Barker, M Courtney, B Dahlberg, K Fulton, M Lawrey, B McGurk, G Noonan, M Rutledge, T Skinner and S Walker

In Attendance: Chief Executive (P Dougherty), Group Manager Infrastructure (A Louverdis), Group Manager Environmental Management (C Barton), and Governance Adviser (E Stephenson)

Apologies : Deputy Mayor P Matheson

Opening Prayer

Councillor Noonan gave the opening prayer.

1 Apologies

Resolved CL/2019/171

That the Council

Receives and accepts an apology from Deputy Mayor P Matheson.

Her Worship the Mayor/Courtney Carried

2. Confirmation of Order of Business

There was no change to the order of business.

3. Interests

There were no updates to the Interests Register, and no interests with items on the agenda were declared.

4. Public Forum

There was no public forum.

5. Mayor's Report

There was no Mayor’s Report.

6. Confirmation of Minutes

Attendance: Councillor Fulton entered the meeting at 9.05a.m.

Document number R10430, agenda pages 7 - 11 refer.

Note that the minutes that were confirmed were amended slightly from the agenda to show that Her Worship the Mayor was present and the Deputy Mayor was not.

Resolved CL/2019/172

That the Council

1. Confirms the minutes of the 6 August 2019 Council meeting as true and correct.

McGurk/Walker Carried

7. Upper Trafalgar Street - Pedestrian Mall Declaration - Council Deliberations

Document number R10370, agenda pages 12 - 39 refer.

Team Leader City Development, Lisa Gibellini, highlighted that the majority of submitters were in support of the proposal and that issues raised in submissions could be addressed in the design, which had not been done yet as no decision had been made. Ms Gibellini said that to assist Council to have confidence that those matters could be addressed, a design brief would be bought back to the City Centre Committee, before the final design was implemented. She noted that officers were proposing a light touch for this summer whilst the design work was undertaken.

Membership and future delegations of the City Centre Committee was discussed.

In response to a question regarding the process to gain access for maintenance and building work via the delegation to the Group Manager Infrastructure in recommendation clause 3, Ms Gibellini said that it was envisaged that access requests would be an enquiry through Customer Services that would be forwarded to the Group Manager Infrastructure, who would approve or not by email, it was not proposed to be a formal process.

A suggestion was made to add the word ‘owners’ to clause 8 – to read ‘businesses, owners and occupiers’ and this was incorporated with the agreement of the meeting.

Ms Gibellini answered further questions regarding delegations and indicative design ratio between the private space and the public space, access and flexible access delegations for unforeseen circumstances.

Further discussion took place regarding bikes and e-bikes accessing the space and Ms Gibellini advised that a design response was the preferred option to control cycle speed in the area. Councillor Rutledge foreshadowed an amendment requiring cyclists to dismount and walk through the area.

In response to a question why, taking into account differing views from submitters, officers were recommending creating a performance space rather than considering providing for one, a change was made to clause 4 to change ‘provide’ to ‘consider providing’ with the agreement of the meeting.

Ms Gibellini advised that because the consultation had been to exclude motor vehicles and had not included the exclusion of bikes or electric bikes, she felt that the proposed exemption was beyond the scope of what was being considered today and would seek legal advice on this issue during the break. Team Leader Transport Activity Management, Sue McAuley, felt that requiring cyclists to dismount would be impossible to enforce and was better dealt with through good design. Councillor Rutledge clarified that enforcement was not his intention, but rather expectation, social pressure and signage.

City Centre Development Programme Lead, Alan Gray, answered questions and discussion took place regarding the range of activities and experiences, permanent via temporary closures, budgets, a winter trial, charges for business space and consistency throughout the city.

In response to a question, Ms Gibellini confirmed that Council could review the pedestrian mall declaration at any time via a special consultative procedure.

Further discussion took place regarding practicality of access for unforeseen events, encouraging dismounting rather than via rules and promoting behaviour through design and polite reminders, including no smoking signage. Ms Gibellini noted that there was a separate process to develop a no-smoking policy and that this was outside of the consultation and therefore beyond the scope of this matter.

Ms Gibellini and Ms McAuley answered further questions regarding pedestrian walkways, the extent of the mall area, traffic volumes and management and business equity.

Attendance: Councillor Dahlberg left the meeting from 9.53a.m. until 9.56a.m.

Questions were answered about road closures under temporary traffic management during events and the number of complaints regarding cyclists in pedestrian areas during summer closures, winter activation and budget.

In response to a question whether allowing bikes, e-bikes and skateboards through a pedestrian mall would be in contravention of any bylaws, it was reiterated that advice would be obtained regarding vehicle access however, it was noted that the pedestrian mall declaration was very specific.

In response to concerns regarding child safety, officers noted that this factor could be added to the design brief.

Ms Gibellini reiterated that officers were advocating a design solution for a smart little city, not trying to design by regulation. In response to a question whether it was within scope to consider a submission that requested no cycles, Ms Gibellini advised that Council would not be able to prohibit cyclists, but it would be within scope to design something to take those submissions into consideration.

Chief Executive, Pat Dougherty advised that if a decision was made today to proceed then officers would proceed with the design using expert advice and suggested that officers then seek the support of the City Centre Committee, currently comprised of the Mayor, Councillor Lawrey and Councillor Noonan and this was incorporated into clause 8 of the recommendation.

The meeting was adjourned at 10.26a.m. and reconvened at 10.45a.m.

After obtaining advice, Ms Gibellini clarified that it was felt that lengthening the vehicle exemptions could put the decision at risk and officers recommended leaving clause 2 of the recommendation as it was.

Group Manager Environmental Management, Clare Barton, suggested an additional clause to request that officers report back, to include looking at whether additional exemptions may be required and this was incorporated into the recommendation.

Mr Dougherty confirmed that it was beyond the scope to prohibit vehicles other than motor vehicles as there was a risk that the rest of the community did not know that this was being considered.

It was clarified that Council does not currently have a smoke-free policy and this was not part of this consultation. Officers recommended waiting for the outcome of the work taking place with the District Health Board as this was a separate issue and would include the whole city.

A proposed amendment regarding smoke free was ruled as not relevant, and it was requested that the following words be recorded in the minutes:

That Council encourages officers to pursue enabling the space to become smoke-free, and to include progress in future reports reviewing the pedestrian mall.

Councillor Lawrey, seconded by Councillor McGurk, moved the following motion, which incorporated the agreed changes.

That the Council

1. Receives the report Upper Trafalgar Street - Pedestrian Mall Declaration - Council Deliberations (R10370) and its attachment (A2240962); and

2. Approves the declaration of Trafalgar Street between Hardy Street and Selwyn Place as a Pedestrian Mall prohibiting motor vehicles 365 days a year with exemptions to enable:

(a) access by emergency, litter collection, maintenance and street cleaning vehicles at any time;

(b) access by delivery and service vehicles between the hours of 6am and 8am;

(c) access by other vehicles required for the purposes of maintenance and building work relating to any property on Upper Trafalgar Street as approved by the Group Manager Infrastructure on a case by case basis; and

3. Approves delegation to the Group Manager Infrastructure for the authority to approve vehicle access to Upper Trafalgar Street for the purposes of maintenance and building work relating to any property on Upper Trafalgar Street; and

4. Directs officers, through the Upper Trafalgar Street design brief in Attachment 1 (A2240962), to consider providing for a performance area(s) that can be booked via Council’s customer service centre; and

5. Directs officers, through the city centre programme, to look at ways to achieve public space amenity gains in other areas of the city centre; and

6. Directs officers, through the design brief in Attachment 1 (A2240962), to provide alternative mobility parks and drop off space and encourage slow speeds for bicycles and other mobility devices; and

7. Directs officers to use the design brief in Attachment 1 (A2240962) to ensure design outcomes for the Pedestrian Mall address issues raised by submitters; and

8. Directs officers to consult with the businesses, owners and occupiers in Upper Trafalgar Street and the City Centre Focus Group during development of the both the light touch design and final design of the Pedestrian Mall and seek the support of the City Centre Committee, currently comprising Her Worship the Mayor, Councillor Lawrey and Councillor Noonan.

9. Requests officers to report back by June 2021 on the closure of Upper Trafalgar Street and any issues during the closure including interaction between pedestrians, bicycles and other mobility devices; and any feedback received on specified exemptions; and

11. Approves that the Officer Delegations Manual be updated to reflect the above decisions.

Lawrey/McGurk

Councillor Rutledge, seconded by Councillor Noonan, moved an amendment.

The amendment was debated.

Attendance: Councillor Noonan left the meeting from 11.32a.m. until 11.34a.m.

The meeting was adjourned at 11.35a.m. and reconvened at 11.38a.m.

That the Council

1. Receives the report Upper Trafalgar Street - Pedestrian Mall Declaration - Council Deliberations (R10370) and its attachment (A2240962); and

2. Approves the declaration of Trafalgar Street between Hardy Street and Selwyn Place as a Pedestrian Mall prohibiting vehicles 365 days a year with exemptions to enable:

(a) access by emergency, litter collection, maintenance and street cleaning vehicles at any time;

(b) access by delivery and service vehicles between the hours of 6am and 8am;

(d) ability for people to walk their bikes, scooters and other micro-mobility vehicles through the pedestrian area.

(e) access for medically required mobility scooters

4. Directs officers, through the Upper Trafalgar Street design brief in Attachment 1 (A2240962), to consider provision for a performance area(s) that can be booked via Council’s customer service centre; and

5. Directs officers, through the city centre programme, to look at ways to achieve public space amenity gains in other areas of the city centre; and

6. Directs officers, through the design brief in Attachment 1 (A2240962), to provide alternative mobility parks and drop off space and encourage walking of bicycles and other micro-mobility devices;

7. Directs officers to use the design brief in Attachment 1 (A2240962) to ensure design outcomes for the Pedestrian Mall address issues raised by submitters; and

8. Directs officers to consult with the businesses and occupiers in Upper Trafalgar Street and the City Centre Focus Group during development of the both the light touch design and final design of the Pedestrian Mall and seek the support of the City Centre Committee, currently comprising Her Worship the Mayor, Councillor Lawrey and Councillor Noonan.

9. Requests officer to report back by June 2021 on the closure of Upper Trafalgar Street and any issues during the closure including pedestrian/cycle interaction; and

10. Approves that the Officer Delegations Manual be updated to reflect the above decisions.

Rutledge/Noonan

The amendment was put and a division was called:

For

Cr Barker

Cr Dahlberg

Cr Noonan

Cr Rutledge

Cr Skinner

Cr Walker

Against

Her Worship the Mayor Reese (Chairperson)

Cr Acland

Cr Courtney

Cr Fulton

Cr Lawrey

Cr McGurk

Absent

Cr Matheson

The amendment was equal 6 - 6. LOST

The substantive motion was put.

Resolved CL/2019/173

CL/2019/174

That the Council

1. Receives the report Upper Trafalgar Street - Pedestrian Mall Declaration - Council Deliberations (R10370) and its attachment (A2240962); and

2. Approves the declaration of Trafalgar Street between Hardy Street and Selwyn Place as a Pedestrian Mall prohibiting motor vehicles 365 days a year with exemptions to enable:

(a) access by emergency, litter collection, maintenance and street cleaning vehicles at any time;

(b) access by delivery and service vehicles between the hours of 6am and 8am;

5. Directs officers, through the city centre programme, to look at ways to achieve public space amenity gains in other areas of the city centre; and

8. Directs officers to use the design brief in Attachment 1 (A2240962) to ensure design outcomes for the Pedestrian Mall address issues raised by submitters; and

9. Directs officers to consult with the businesses, owners and occupiers in Upper Trafalgar Street and the City Centre Focus Group during development of the both the light touch design and final design of the Pedestrian Mall and seek the support of the City Centre Committee, currently comprising Her Worship the Mayor, Councillor Lawrey and Councillor Noonan.

9. Requests officers to report back by June 2021 on the closure of Upper TRAFALGAR Street and any issues during the closure including interaction between pedestrians, bicycles and other mobility devices; and any feedback received on specified exemptions; and

11. Approves that the Officer Delegations Manual be updated to reflect the above decisions.

The substantive motion was put and a division was called:

For

Her Worship the Mayor Reese (Chairperson)

Cr Acland

Cr Barker

Cr Courtney

Cr Dahlberg

Cr Fulton

Cr Lawrey

Cr McGurk

Cr Noonan

Cr Rutledge

Cr Skinner

Cr Walker

Against

Nil

Absent

Cr Matheson

The substantive motion was carried 12-0

Lawrey/McGurk Carried

There being no further business the meeting ended at 12.11p.m.

Confirmed as a correct record of proceedings:

Chairperson Date

Item 9: City Centre Programme Plan

Council

19 September 2019

REPORT R10313

City Centre Programme Plan

1. Purpose of Report

1.1 To adopt the City Centre Programme Plan.

2. Summary

2.1 The City Centre is one of the four LTP priorities. The City Centre Programme Plan is required to set the strategy to achieve a step change in the Nelson City Centre.

2.2 The City Centre Programme Plan approach is people focused, aiming to create a social hub where people ‘linger longer’. Key to revitalising the City Centre is a strong growth of residents. The Plan also seeks to create a successful regional heart attracting high quality development reflecting the goals of a Smart Little City. The outcome will be a memorable place that draws talent, offers great hospitality and celebrates events and activation, enveloped by stunning natural landscapes.

2.3 Beyond simply guiding projects within the ring roads, the City Centre Programme Plan is intended to provide strategic direction for other Council work streams in the City Centre and Fringe areas of Nelson, as well as strategic areas that connect to the City Centre (i.e. marina and haven).

2.4 The City Centre Programme Plan will direct other strategic work streams within Council, including the Long Term Plan (LTP), Activity Management Plans (AMP) (e.g. infrastructure, transport and parks), the Nelson Plan, and the Future Development Strategy.

3. Recommendation

That the Council

1. Receives the report City Centre Programme Plan (R10313) and its attachment (A2247904); and

2. Adopts the City Centre Programme Plan (A2247904) and

4. Directs officers to bring back to Council the Delivery Plan of the City Centre Programme Plan.

4. Background

4.1 The City Centre is a key issue for businesses and the public. The previous Nelson City Centre strategy, Heart of Nelson, was produced ten years ago. While Heart of Nelson achieved the successful implementation of approximately 75% of proposed actions undertaken between 2006 and 2012, Nelson has seen considerable change since (e.g. Global Financial Crisis, online retail, hospitality boom and economic emergence of the Richmond Town Centre).

4.2 Stakeholders (especially retailers) have expressed a need to focus attention back to the City Centre as the regional hub. A renewed approach for the City Centre is required due to changing retail spending trends, transport, and increased intensification resilience to climate change effects to achieve the vision as the Smart Little City.

4.3 The Long Term Plan 2018-28 (LTP) makes the City Centre one of the Council’s top four priorities to support the Council’s vision of a Smart Little City.

4.4 The LTP CBD (City Centre) Development priority states “Our aim for Nelson’s central business district is for it to be attractive to businesses, residents and visitors, with an exceptional mix of events, civic facilities and retail. We are working to build an environment that supports commerce, encourages inner city living and is a catalyst for private sector investment. The top of the South, Te Tau Ihu, needs a strong commercial centre to thrive. We want our city centre to enrich and build our local culture - the bustling meeting place for everyone who lives, works and visits here”

4.5 The priority of the City Centre in the 2018-28 LTP established the City Development Unit and the City Centre Development Programme Lead position. Key to enabling success in the City Centre Programme are both internal (cross Council ‘virtual’ City Centre team) and external relationships (e.g. Uniquely Nelson, NRDA, City Centre Focus Group).

4.6 A cross Council ‘virtual’ team is proposed to enable delivery of City Centre outcomes. The team will include representation from transport, capital projects, parks, strategic property, events and infrastructure. It is also expected that the Climate Change Champion and Kahui Whiria teams will be engaged internally.

4.7 Reporting across the Council ‘virtual’ team for the City Centre will be led by the City Centre Development Programme Lead. The work will begin through AMP drafting and business case development for specific City Centre projects.

4.8 The City Centre Programme is a management tool to achieve aligned decision making on how to meet the Council’s City Centre objective. To date, Governance of the City Centre Programme Plan has occurred through regular meetings with the City Centre Committee (Mayor Reese and Clrs Noonan and Lawrey).

5. Discussion

5.1 The City Centre Programme Plan will:

(a) Provide Council with a clear position to direct and achieve the best outcomes for the City Centre.

(b) Help guide/leverage private development proposals.

5.2 The City Centre Programme Plan approach is focused on the vitality of Nelson’s urban heart, a people-focused social hub to ‘linger longer’ through the delivery of residential growth, enabling good development investment and extending the active life of the City. A Smart Little City serving as a magnet to attract talent, offer superb hospitality and celebrate large events and small activation efforts, enveloped by our stunning natural landscapes.

5.3 Over the past six months the City Centre Programme Plan has been developed through numerous meetings and workshops, a review of previous strategic work, analysis of public feedback to the LTP and discussions with City Centre stakeholders.

5.4 The Six Key Moves of the City Centre Programme Plan have been created to address the significant transformative opportunities in the Nelson City Centre with the City Centre Focus Group members, Uniquely Nelson, NRDA and key NCC officers. The Six Key Moves were also shaped from discussions following presentations at two SLT meetings, the Nelson Chamber of Commerce Aspire Conference, numerous meetings with individual developers, and a Landlords and Retailers Forum. There have been three meetings with the City Centre Committee and one Council workshop. The Six Key Moves were included in the 2019/20 Annual Plan and received over 50 public submissions, over 85% in support.

The Six Key Moves of the City Centre Programme Plan

5.5 Beyond simply guiding projects within the Ring Roads, the City Centre Programme Plan (CCPP) is intended to direct Council work streams in the City Centre and Fringe areas of Nelson. The Six Key Moves of the CCPP provide the means by which Council evaluates strategies, projects and ideas that affect City Centre outcomes.

5.6 The Six Key Moves of the City Centre Programme Plan with specific action points are described below:

· Destination Nelson recognises that Nelson City Centre is already a major destination for the Nelson and Tasman Regions and Top of The South. One-quarter of Nelson’s workforce is based in the City Centre. In addition, the City Centre attracts 3-4 major events of greater than 20,000 attendees each year to celebrate our creative culture, unique heritage and sunny climate.

How does the Destination Nelson move help achieve the City Centre Programme Plan?

o Destination Nelson delivers improved legibility of the City Centre through support for City Centre events (2-3 events per year) and activations that foster public life. This work is achieved across Council teams and external partners.

o Destination Nelson will create eight legible Precinct Areas to help inform development opportunities, provide certainty to investors and business, and provide legibility and identity across different uses in our compact city centre.

· Walkable Nelson realises the compact form of Nelson’s City Centre supports walkable choices contributing to physical and mental health benefits for residents, workers and visitors. Walking will be prioritised through the development of people focused laneway circuits. Promoting walking and cycling will encourage active mode commuting within 2km of the City Centre, reducing congestion and demand on parking.

How does the Walkable Nelson move help achieve the City Centre Programme Plan?

Walkable Nelson seeks to improve the number of pedestrians in the City Centre. In addition to pedestrian numbers quantifying where people linger and for how long is also important and will be achieved by the following activities:

o Undertake a Public Life Survey in 2019 to measure and understand activities in the City Centre with updates and reviews every three years to baseline and mark progress.

o Walkable Nelson to undertake additional City Centre trials to close off small laneways and streets to build on the success of Upper Trafalgar.

o Working across Council to develop an updated street design guide to inform future AMP’s around materials in the City Centre (paving, seating, lighting, bollards, raised crossings, etc.).

· Blue-Green Heart supports the delivery of small social open spaces in the City Centre for social pause, meeting, play, picnics, and small events. These spaces should provide respite and be enjoyed by all ages, including spaces that link to the natural environment through tree canopy and reference to water.

How does a Blue-Green Heart move help achieve the City Centre Programme Plan?

The Blue Green Heart delivers the social lingering spaces that foster great civic life.

o The outcomes of achieving this move are through the creation of City Centre spaces such as pocket parks, parklets (kerbside dining spaces), riverside amenity zones, and pedestrian focused street spaces that balance urban and green.

o If successful, the permanent closure of Upper Trafalgar Street will represent the first of these spaces.

o Feasibility for one pocket park space will be investigated this year.

o Involvement with NCC Vegetation Management Policy for street trees and green infrastructure in the City Centre.

o Discuss opportunities for the provision of pocket parks on private land as part of property negotiations with City Centre developers.

· Smart Development actively works alongside property development interests in the City Centre and Fringe to align the Smart Little City vision, contributing to realise the Six Key Moves of the City Centre Programme Plan. Smart Development involves actively working alongside developer interests to align outcomes that mutually benefit private investment and the City Centre as a Smart Little City.

How does the Smart Development move help achieve the City Centre Programme Plan?

o Building and maintaining relationships with key developers as well as through working through the Council ‘virtual’ team alongside Strategic Property.

o The Elma Turner Library/Riverside Precinct is a key development focus for the next year.

· Liveable Centre recognises current global and New Zealand trends indicating an increased desire to live in safe, high quality city centre environments with good hospitality offerings, shopping, arts and culture, entertainment, markets and events. Data shows very low residential population within 800m of central Trafalgar Street (pop 630). (Source: 2013 Stats NZ)

Nelson has an opportunity to position its attractive natural, heritage and commercial advantages to attract high quality, intensified residential development into the City Centre. Delivering more housing creates an urban village character that adds vibrancy and extends the social and retail life of the City.

How does a Liveable Centre move help achieve the City Centre Programme Plan?

More residents living in the City Centre and Fringe carries a wide range of benefits:

o Provides more vitality;

o Extends the retail and commercial business hours;

o Safety improvements through additional passive surveillance;

o Reduced traffic and parking demands during peak times;

o Delivers resilience for Climate Change through intensification;

o Residential and Mixed-Use development rates benefits.

The Liveable Centre will be delivered through implementation of the Future Development Strategy and subsequent Intensification Action Plan, as well as through key demonstration projects.

· Clever Business enhances Nelson City Centre’s ‘boutique urban vibe’ as its unique point of difference- a place where our distinct heritage and culture are key features that attract local, artisan and independent shops and businesses to succeed. These qualities enhance the Smart Little City vision and differentiate the City Centre from its competitors. This is achieved by building on distinctive retail, shopping, hospitality, markets, business collectives, entertainment and events offerings.

Clever Business is about tapping into our creative talent for activating vacant shops (Make/Shift Spaces). In addition, Clever Business reflects a strong local-based production economy to help offset carbon emissions to address climate change.

How does the Clever Business move help achieve the City Centre Programme Plan?

o Vacant shops/shopfronts activated through Make/Shift Space Programme fosters creative sector and activates the City Centre.

o Identify how to enable more local, artisan and independent businesses that promote Nelson City Centre’s point of difference of a ‘boutique urban vibe’.

Spatial Plan Refresh

5.7 Following adoption of the City Centre Programme Plan, a Spatial Plan for the City Centre and City Centre Fringe will be refreshed. The Spatial Plan will serve as a high-level refresh to the Heart of Nelson Central City Strategy issued in August 2009. Updates will consider the City Centre in the current context of retail and hospitality spending trends, housing intensification, development opportunities, transport and climate change.

5.8 The Spatial Plan Refresh will build on development, transport, and open space scenarios to achieve the outcomes of the City Centre Programme Plan Six Key Moves. The Spatial Plan Refresh will also identify capital works projects from across Council work streams.

5.9 A Delivery Plan will be developed concurrently with the Spatial Plan Refresh to leverage and align Council expenditure in the City Centre to achieve maximum outcomes. This will help to prioritise projects and minimise disruption in the City Centre as a result of construction activity.

Potential Risks Associated with City Centre Change

5.10 Several of the Six Key Moves of the City Centre Programme Plan could result in significant changes to the existing City Centre. These might include increased building heights, development intensification, transport and modal changes; land purchase and open space changes. Many of these might require separate policy and public consultation processes. There is a risk these changes are not given effect to, which could delay or prevent the implementation of the Six Key Moves.

Implications on Council work programmes

5.11 A cross Council ‘virtual’ team is proposed to enable delivery of City Centre outcomes. The team will include representation from transport, capital works, parks, strategic property and infrastructure. It is also expected that the Climate Change Champion and Kaihautū teams will be engaged.

5.12 Reporting across the Council ‘virtual’ team for the City Centre will be led by City Centre Development Programme Lead. The work will begin through AMP drafting and business case development for specific City Centre projects.

Consultation, Engagement and Relationship Building and Support for City Centre Programme Plan from outside Council

5.13 Consultation, engagement and relationship building across a wide group of stakeholders is required to deliver the City Centre outcomes expressed in the City Centre Programme Plan. These stakeholders include:

5.13.1 Uniquely Nelson – Conduit to City Centre retailers and businesses. Includes activation and events opportunities to help stimulate the City Centre.

5.13.2 NRDA – Strategic City Centre alignment with the Regional Identity work. A strong focus on residents, talent, business/investment and visitor experiences with the City Centre.

5.13.3 City Centre Focus Group – Group of 20+ City Centre business owners, landlords and property owners. Meets quarterly to update on the City Centre Programme.

5.13.4 Other Council Controlled Organisations – Engagement with key CCO’s such as The Suter, NCMA and the Nelson Provincial Museum.

5.13.5 Iwi groups will be consulted as part of the Spatial Plan Refresh process.

5.13.6 Individual consultations – Availability to meet with representatives from groups referenced above to further build relationships and gain insights. Also includes public queries about the City Centre.

6. Options

6.1 The Council has the option of adopting the City Centre Programme Plan, or not. Officers recommend adoption to assist in achieving the outcome sought in the LTP for the City Centre.

Option 1: Adopt the CCPP and note that it will need to be given effect through organisational-wide work programmes
Advantages	· Assists to achieve the LTP vision. · Carries on with the momentum of stakeholder engagement – bringing them along on the journey. · Establishes Nelson City Centre as the premier City at Top of the South and Heart of the Region. · Enables certainty (and reduces risk) to assist with working constructively with private development investment to achieve the Vision for the Smart Little City. · Leveraging cross Council outcomes through a ‘virtual’ team improves organisational performance and reputation with ratepayers.
Risks and Disadvantages	· Failure to meet expectations due to lack of capacity. · Organisational support to deliver the City Centre Programme or Delivery Plan. · Limited resource (availability of project managers and contractors). · Budget insufficient to achieve outcomes, or diverted to other priorities. · Project planning and procurement not agile enough to support the speed required to deliver.
Option 2: Not Adopting the City Centre Project Plan
Advantages	· Frees up officer time and resource.
Risks and Disadvantages	· There is no method to fulfil the LTP vision and commitment to the community. · Community trust is eroded and organisational reputation damaged. · Lost leverage opportunity engaging with private developers to achieve beneficial results in the City Centre.

7. Conclusion

7.1 This report seeks that the City Centre Programme Plan that contains the Six Key Moves be adopted to enable the necessary step change required in Nelson City Centre to achieve the LTP vision of the Smart Little City.

8. Next Steps

8.1 Once the City Centre Programme Plan is adopted, the following work is required to be undertaken:

a) A Spatial Plan Refresh for the City Centre will be carried out to consider the place and space opportunities to achieve the Six Key Moves for the City Centre Programme Plan.

b) The City Centre Delivery Plan will be developed that includes a prioritisation of projects across the City Centre and Fringe areas. This will be generated working across Council with Asset Management Plans and externally with understanding private development opportunities. The Delivery Plan will be developed and reviewed with each Annual Plan.

c) Further formation of the cross Council ‘virtual’ Team with City Development working alongside Transport, Capital projects, Infrastructure and Parks departments. This will also involve understanding the directive role the City Centre Programme Plan has in directing activities in the City Centre.

d) Continued relationship building with external City Centre stakeholders (Nelson community, City Centre Focus Group, UN, NRDA, other key stakeholders.

e) Strategies to consider in response to potential budget constraints (or shortfalls) which ensure delivery of the City Centre vision.

f) Business Cases for specific capital projects.

Author: Alan Gray, City Centre Development Programme Lead

Attachments

Attachment 1: City Centre Programme Plan report (A2247904) ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

The City Centre Programme Plan serves to promote the social, economic, environmental and cultural well-being of communities in the present and the future.

2. Consistency with Community Outcomes and Council Policy

The City Centre Programme Plan supports the Long Term Plan 2018-28 (LTP) which makes the City Centre one of the Council’s top four priorities to support the Council’s vision of a Smart Little City.

The LTP CBD (City Centre) Development priority states “Our aim for Nelson’s central business district is for it to be attractive to businesses, residents and visitors, with an exceptional mix of events, civic facilities and retail. We are working to build an environment that supports commerce, encourages inner city living and is a catalyst for private sector investment. The top of the South, Te Tau Ihu, needs a strong commercial centre to thrive. We want our city centre to enrich and build our local culture - the bustling meeting place for everyone who lives, works and visits here”

The City Centre Programme Plan and the Six Key Moves were included in the 2019/20 Annual Plan. The City Centre received over 50 public submissions, over 85% in support of the direction of the City Centre Programme and Six Key Moves.

3. Risk

Major risk areas include non-delivery of the City Centre Programme Plan and the reputational damage to Council by failing one of the top four LTP priorities.

Moderate risk areas centre on failed external relationships with key stakeholders such as private property developers, Uniquely Nelson (and local retailers), and stakeholder groups (i.e. City Centre Focus Group).

All of these risks can be mitigated through implementation of the City Centre Programme Plan across Council departments, externally with key parties and through support and championing of programme at SLT level.

4. Financial impact

All anticipated costs are currently budgeted for.

5. Degree of significance and level of engagement

This matter is of low significance because City Centre is already included in the LTP as a key priority with the support of the community.

6. Inclusion of Māori in the decision making process

No engagement with Māori has been undertaken in preparing this report.

7. Delegations

The City Centre is a cross Council programme. No one Committee currently has oversight. Therefore this is a matter for Council to consider.

Item 10: Housing Intensification Action Plan - Scope

Council

19 September 2019

REPORT R10376

Housing Intensification Action Plan - Scope

1. Purpose of Report

1.1 To consider the scope of the Intensification Action Plan (IAP) and to adopt the plan’s timeframes and methods for its implementation.

1.2 The IAP is a recommendation contained within the Future Development Strategy, Council’s adopted growth strategy.

2. Summary

2.1 The Nelson-Tasman Future Development Strategy (FDS) was adopted by the Nelson and Tasman Joint Committee on 26 July 2019. It is a high-level strategy to guide how the two regions will grow over the next 30 years. The FDS identifies residential intensification as the preferred mode to provide capacity for growth in Nelson, and particularly within the Nelson Urban Area.

2.2 The FDS recommended that an Intensification Action Plan (IAP) be developed to provide a coordinated response for urban growth, to both accelerate change in housing supply towards intensification now, and to avoid a housing capacity shortfall from 2028 onwards that is projected based on current trends.

2.3 Officers recommend a work stream approach across several parts of the Council to enable a higher rate of intensification. A decision is required to adopt the scope of the IAP so that detailed activities can be aligned with relevant operational plans and strategies within those groups by mid-2020, in time for the initial stages to be reflected in the 2021-31 Long Term Plan (LTP).

3. Recommendation

That the Council

1. Receives the report Housing Intensification Action Plan - Scope (R10376); and

2. Approves the scope of the Housing Intensification Action Plan and the timeframes included in the report Housing Intensification Action Plan - Scope (R10376)

4. Background

4.1 The FDS was adopted on 26 July 2019 by both Nelson City and Tasman District Councils, as follows:

7. Requests officers to prepare an Intensification Action Plan to enable and incentivise intensification.

4.2 The FDS documented the Councils’ intentions for intensification in section 2.5 of the report (R10376), which on page 15 states:

Building Up – Future Intensification Areas In More Detail

The FDS proposes significant development in and around Nelson City Centre, areas to the south of the city centre, Stoke and Richmond. Both Councils strongly support intensification where it is currently feasible in order to accommodate growth now. There are some areas which are ready to go for intensification. Intensification in these areas can help support passenger transport services, bring people close to shops, jobs and activities and provide opportunities for different housing choices.

Changes in the next Long Term Plan as a result of the intensification action plan will enable future intensification areas to be brought forward.

4.3 An IAP is required to be in place by mid-2020 to enable changes to the 2021-31 LTP, the proposed Nelson Plan, 30 year Infrastructure Strategy, Regional Land Transport Plan, and Activity Management Plans. This report sets out the scope of the IAP so that more detailed actions can be developed between September and December 2019. The IAP will be brought back to Council in mid-2020 for adoption.

4.4 Tasman District Council is also receiving a scoping report for an IAP. Officers are working together and both Councils’ plans will be brought together to form an overall approach by mid-2020.

5. Discussion

Purpose of an IAP

5.1 The Purpose of the IAP is to increase high quality intensification as a share of overall housing supply. The share of Nelson’s housing supply provided via intensification urgently needs to increase to a level in line with the capacity requirements identified in the FDS. Starting now, the rate of intensification supply needs to approximately double by 2038.

5.2 The IAP will give effect to the outcomes of the FDS, which was developed to support the Council’s community outcomes in the LTP. Consultation on the FDS provided the Council with strong feedback that Nelson’s communities want intensification in a way that provides a greater housing choice and minimises effects on the environment.

Scope of the Intensification Action Plan

5.3 Planning for intensification will require delivery as a coordinated and coherent work programme across several parts of the Council. Four work streams are proposed as shown in the diagram below and explained in the following sections.

Work Streams

Perception

5.4 The Perception work stream aims to change the public perception of housing intensification, and improve capability and capacity for the market to deliver housing within existing neighbourhoods.

5.5 Actions within the Perception work stream will focus on how good design, regulatory methods, and the benefits of access and amenity can enable and generate market demand for good quality intensification.

5.6 Perception drives market demand, and is driven by previous direct experience. Actions will provide demonstrative and descriptive information materials, promote good quality development, provide advice via the Urban Design Panel, and ensure that the provisions of the Whakamahere Whakatū Nelson Plan will provide for good quality medium density housing.

5.7 In some cases, increasing positive market perception may involve supporting or directly investing in exemplar development projects either using the Council’s own assets or in partnership with other entities.

Regulation

5.8 The regulation work stream will achieve a clear and effective regulatory method that enables sufficient high quality intensification in the right place.

5.9 Actions within the Regulation work stream will focus on analysis of existing issues and opportunities to meet capacity requirements through intensification in each growth area, including existing and aspirational character, land ownership, and built form.

5.10 Policy descriptions and outcomes will be required, including direction for a set of rules for each intensification growth area identified and selected in the FDS.

5.11 Regulatory options will be integrated with infrastructure servicing options (see section 5.12 below) to inform the final policies and rules for these areas.

Infrastructure

5.12 The infrastructure work stream will achieve a coordinated plan for asset development and upgrades that enables sufficient high quality intensification within the FDS intensification areas, through the Infrastructure Strategy, Activity Management Plans, the LTP and the Regional Land Transport Plan.

5.13 Actions will be focussed on identifying various options meeting the capacity requirements identified in the FDS using a coordinated upgrade plan for each area. Options that focus on amenity (in the form of improved access, mode shift and safety across our transport network) will be aligned with NZTAs funding priorities in these areas and including reducing carbon emissions.

5.14 The Council is required to increase levels of service on some assets in line with its own policies as well as nationally prescribed standards. For example, the Government Policy Statement on Land Transport clearly directs NZTA investment towards active modes and public transport where the Council is already investing, and encourages further coordination with land use.

Cost

5.15 The Cost work stream will ensure that each of the other work streams are as efficient and effective as possible in creating conditions for increased housing intensification.

5.16 Actions within the Cost work stream will focus on ensuring that external costs to development by intensification (development contributions, charges and rates) are reflective as far as possible of the Council’s cost to service.

5.17 Because of the integrative approach to growth infrastructure, amenity, and renewals as described in 5.12 above, some actions will be focussed on how to most effectively fund growth demands. This may include the use of programme budgets, and proactive use of development agreements to deliver some projects.

Implementation, Monitoring and Review of IAP Scope

5.18 Implementation will be largely achieved by the coordination of resources within Council’s existing capacity. Further details of resourcing for the initial period 2020-2024 will be provided in the IAP to be reported to the Council in mid-2020.

5.19 The draft IAP will be completed in December 2019. Part of this work will be to identify the highest priority actions and areas, and work on these will begin immediately. Actions will likely involve changes to be incorporated in the 2021-31 Activity Management Plans and the steps required to inform the Whakamahere Whakatū Nelson Plan. Phasing of other work stream actions will be determined by their dependence on rezoning or public consultation requirements. Some activities will be identified for implementation within the 2021-31 Long Term Plan (for example, a Development Contributions Review).

5.20 In order to measure the success of the IAP, the proportion of new dwellings developed in intensification areas will be measured and tracked annually.

5.20.1 The scope and actions falling within the IAP will be reviewed every 3 years, the first review being in 2021.

6. Not in IAP scope

6.1 The IAP will not include:

· building materials, construction methods, or Building Act requirements (including requirements for energy or material use).

· building performance or design standards (for example thermal, noise or embodied energy requirements).

7. Options

7.1 The Council has the option to adopt the IAP scope and the timeframes for its implementation, or to not adopt it.

Option 1: approve the development of a Housing Intensification Action Plan within the scope and timeframes included in this report
Advantages	· Provides direction to officers to begin work on achieving the outcomes established in the Nelson Tasman Future Development Strategy · Establishes the scope for a coordinated programme of work leading up to the 2021 LTP, including key work on perception and infrastructure to enable housing intensification · Provides scope to officers to begin work to align regulatory methods with requirements to achieve Future Development Strategy outcomes leading up to the adoption of the Whakamahere Whakatū Nelson Plan. · Ensures that capacity and resources are directed to key action areas.
Risks and Disadvantages	· Risks that unforeseen changes to the rate or type of growth mean that the Intensification Action Plan may not be relevant in the future
Option 2: do not approve the development of a Housing Intensification Action Plan within the scope and timeframes included in this report
Advantages	· Other methods to encourage and enable higher rates of intensification can be explored
Risks and Disadvantages	· Does not provide direction to officers to begin work on achieving the outcomes established in the Nelson Tasman Future Development Strategy · Does not set the scope for a coordinated programme of work leading up to the 2021 LTP, including key work on perception and infrastructure to enable housing intensification · Does not provide scope to officers to begin work to align regulatory methods with requirements to achieve Future Development Strategy outcomes leading up to the adoption of the Whakamahere Whakatū Nelson Plan.

8. Conclusion

8.1 The FDS identifies residential intensification as the preferred mode to provide capacity for growth in Nelson.

8.2 Officers recommend that the scope is defined into four work streams which will achieve coordinated changes over a period of time. These changes can be achieved through various policies, plans, and projects.

8.3 A decision is required as to whether or not to adopt the scope of the IAP, so that detailed activities may be aligned with relevant operational plans and strategies by mid-2020. This will be in time for the initial stages of each of the work streams to be reflected in the 2021-31 Long Term Plan.

9. Next steps

9.1 If the scope of work for the intensification action plan is approved, investigations will start immediately. A cross-departmental team will work on the plan and regular discussions will be held with officers at Tasman District Council. Officers anticipate councillor guidance and input will be sought through workshops. The intensification action plan itself will be brought to the Council mid-2020, in order to inform the next Long Term Plan 2021-2031.

Author: Alastair Upton, Senior City Development Planner

Attachments

Nil

Important considerations for decision making

1. Fit with Purpose of Local Government

The IAP will promote the social, economic, environmental and cultural well-being of communities in the present and for the future.

2. Consistency with Community Outcomes and Council Policy

The recommended IAP aligns with the 2018-28 Long Term Plan and gives effect to the FDS.

3. Risk

Confirming the scope of the IAP now reduces risks to Council by ensure that officers are supported by the Council to address four key internal work streams that will influence long term change in development of housing.

4. Financial impact

Resourcing will be largely achieved by the coordination of resources within Council’s existing capacity. Further details of resourcing for the initial period 2020-2024 will be provided in the IAP as options, and associated budgets would be requested in the 2020 Annual Plan or the 2021 Long Term Plan.

5. Degree of significance and level of engagement

The matters within the Scope of the IAP are of low to medium significance, because the long-term impacts on the community of implementing a more compact urban form will be consulted on through the nelson Plan and for infrastructure expenditure the LTP.

6. Inclusion of Māori in the decision making process

No engagement with Māori has been undertaken in preparing this report.

7. Delegations

The decision relates to infrastructure strategy, environmental regulation, and capital investment in property. Responsibility for these areas does not fall clearly to a single Council committee. Therefore the decision is referred to the Council.

Item 11: National Policy Statement - Urban Development Capacity - 2018/19 annual monitoring report: Attachment 1

Council

19 September 2019

REPORT R10449

National Policy Statement - Urban Development Capacity - 2018/19 annual monitoring report

1. Purpose of Report

1.1 To ensure decision makers are well informed about urban development activity in both Nelson and Tasman, as required by the National Policy Statement on Urban Development Capacity (NPS-UDC) and to seek agreement to release the monitoring report.

2. Summary

2.1 The NPS-UDC requires Council to monitor property market indicators, including prices, rents, resource and building consents, and housing affordability. The attached report is for the 2018/19 financial year.

2.2 The monitoring report shows there is an undersupply of residential housing across the Nelson Urban Area (Nelson and Richmond), that house prices continue to increase, and affordability remains an issue although the increase in house prices has remained steady at 8.5% per annum for the last two years to March.

2.3 The number of applicants on Ministry of Social Development’s housing register has more than doubled for both Nelson and Tasman, compared with two years ago.

2.4 Residential building consents for new dwellings in Nelson over the last 12 months number around 348 which is an increase over the previous 12 months when 254 were recorded.

2.5 The Ministry of Business Innovation and Employment (MBIE) price efficiency indicators previously in draft form have not been updated pending a review of them subject to the new NPS-UD coming into effect in 2020. These are not reported on.

3. Recommendation

That the Council

1. Receives the report National Policy Statement - Urban Development Capacity - 2018/19 annual monitoring report (R10449) and its attachment (A2253680); and

2. Agrees to the report being circulated to the Ministry of Housing and Urban Development and placed on Council’s website.

4. Background

4.1 The National Policy Statement on Urban Development Capacity (NPS-UDC) came into effect in December 2016. The NPS-UDC includes a policy (PB6) that requires local authorities to monitor a range of indicators including:

· Prices and rents for housing, residential land and business land by location and type, and changes in these prices over time;

· The number of resource consents and building consents granted for urban development relative to the growth in the population; and

· Indicators of housing affordability.

4.2 Up until the end of the 2017/18 financial year, these indicators were reported to Council on a quarterly basis. Following advice from the Ministry of Housing and Urban Development (MHUD), arising out of concerns that a three month period was not long enough to see meaningful changes, the reporting period has been changed to annually. The last report Council received was for the last quarter of the 2017/18 financial year.

4.3 The NPS-UDC aims to ensure that local authorities are well-informed about demand for housing and business development and applies to local authorities that have a medium or high growth urban area within their district or region. Nelson City has the Nelson Urban Area within its boundaries, and the Nelson Urban Area is currently defined by the NPS-UDC as medium growth.

4.4 Local authorities are encouraged to publish the results of their monitoring, and Council’s website will be updated following receipt of this report.

4.5 The information provided on MHUD’s online data dashboard has been supplemented with Nelson City Council resource and building consent data to inform this report.

4.6 The report includes data for both Nelson and Tasman local authorities, recognising the connected, cross-boundary property market both Councils share. The NPS-UDC also strongly encourages both Councils to work together to implement the policies.

5. Discussion

Housing Market

5.1 Between the beginning of 2014 and 2017 building consents for new dwellings declined while estimated household numbers increased, indicating an apparent under-supply of housing in Nelson. Since the beginning of 2017, building consents for new dwellings have increased at a similar rate to demand but are still behind due to a historical shortfall and there being unmet demand over time.

5.2 On a 12-month basis, there were 221 sections created in the year ending June 2019, compared with 154 in the previous year.

5.3 While building consents for new dwellings in Nelson have increased by around 94 consents from last year, there is still an overall undersupply in the Nelson and Tasman markets.

5.4 Across Nelson City, prices increased 8.5% during the year ended March 2019, matching the increase in the previous year ended March 2018.

5.5 Factors that may be influencing house and section prices include:

· land development and construction costs (especially on hillsides)

· size and quality of new dwellings

· timing of release by developers

· ability for developers to obtain financing

· land banking

· increasing demand for visitor/non-resident accommodation.

5.6 The Housing Affordability Measure (HAM) Buy measure for Nelson City and Tasman District has been updated to cover the period up to March 2018. A summary of the trends for this data from the last report is included below.

5.7 The MBIE HAM Buy measure for Nelson City and Tasman District suggests that housing affordability was at its worst in 2007 and 2008, with around 88% of first home buyer households below the 2013 national benchmark of affordability. Since then, the measure has been at least 80% for both areas. The measure indicates that at March 2018, 84.7% of first-home buyer households in Nelson, and 87.3% for Tasman, could not comfortably afford a typical ‘first-home’ priced house.

5.8 The MBIE HAM Rent measure for Nelson City and Tasman District suggests that rental affordability worsened by around between 2004 and 2014 but has improved since then. The measure indicates that at March 2018, 63.4% of rental households in Nelson, and 63.5% for Tasman, cannot comfortably afford typical rents.

5.9 Demand for social housing continues to grow with an increase of 42 applicants since March 2018, taking the total waiting list to 142 applicants in total on the Ministry of Social Development Housing Register as at March 2019.

5.10 Central Government has not updated the price efficiency indicators (price-cost ratio, land ownership concentration, rural-urban land value differentiation and the industrial zone differentiation) since 2018. MHUD has advised that once the new NPS-UD comes into force next year, they will do a full dashboard re-fresh, which will include fixing some technical issues, improving usability and potentially re-looking at the measures. The advice from MHUD is to exclude the price efficiency indicators from this monitoring report.

Commercial and Industrial Property Market

5.11 There were 10,424m² of commercial or industrial buildings granted building consent in Nelson in the 2018/19 year. This is approximately half of the floor area developed in 2017/18. Tasman District saw a similar decrease in industrial and commercial consenting activity over the same period.

5.12 Data supplied by Land Information New Zealand indicates there were 16 new industrial or commercial titles created in Nelson in the 2018/19 year. It is important to take some care in attaching too much importance on the number of new titles as the size and activity on each can vary dramatically for industrial and commercial sites. The more reliable measure is the consented area above.

5.13 There is limited information at this stage on prices and rents for business land.

6. Options

6.1 Quarterly monitoring of property market indicators is a mandatory requirement under the NPS-UDC.

6.2 Council’s website will be updated to include the quarterly monitoring report and the report will be provided to MHUD.

Author: Chris Pawson, Senior Analyst Environmental Management

Attachments

Attachment 1: A2253680-NPS UDC Monitoring Report June 2019 ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

Monitoring property market indicators informs Long Term Plan decision-making on infrastructure projects to ensure sufficient development capacity is provided to meet future demand for housing and business land.

2. Consistency with Community Outcomes and Council Policy

Monitoring joint indicators with Tasman District demonstrates collaboration to provide the best and most efficient service to our communities.

Being well-informed on property market indicators and urban growth helps achieve the community outcome of an urban environment that is well planned, including thinking and planning regionally and ensuring affordable housing. Monitoring the market for business land helps achieve the community outcome of a region which is supported by an innovative and sustainable economy.

3. Risk

The information contained in the report should inform Council about property market trends. MBIE have highlighted that there is some risk in using the data series for housing affordability in isolation of other data sources. To mitigate this risk, other data sources, such as the Massey University affordability measure, have also been used. These other data sources also indicate the region is experiencing housing affordability pressures.

There is a risk that the business property market isn’t well understood at this stage and more work is planned to monitor prices for different types of business land.

4. Financial impact

There is no financial impact.

5. Degree of significance and level of engagement

This matter is of low significance because the recommendation is to receive the report and no other decisions are required.

6. Inclusion of Māori in the decision making process

No engagement with Māori has been undertaken in preparing this report.

7. Delegations

This reporting is undertaken in partnership with Tasman District Council (TDC). TDC will receive the report on 5 September before the local government elections and as a result, the report will be public at that time. With the report not being completed in time for the last Planning and Regulatory Committee meeting it is necessary that the report is presented to this Council meeting.

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