Functions:
·
To conduct hearings and/or determine under delegated authority
applications relating to the Dog Control Act 1996, all matters relating to
Temporary Road Closures pursuant to Schedule 10 Clause 11(e) of the Local
Government Act 1974, matters relating to naming features within the city, and
any other matters required for determination by Council under legislation as
determined by Council.
Membership:
·
All elected members aside from the Mayor, in rotation. Each
Hearings Panel-Other will be made up of three members.
·
The Group Manager Environmental Management may appoint one or
more Independent Commissioners to either assist the Hearings Panel - Other or
to hear and determine any particular application, such as when Council or a
Council-Controlled Organisation or Council-Controlled Trading Organisation is (or
could be perceived to be) an interested party, other than applications made for
temporary road closure under Schedule 10 Clause 11(e) of the Local Government
Act 1974.
Powers to
Decide:
·
The power to appoint a panel to hear and determine with any other
consent authority any application requiring a joint hearing
·
The power to hear and recommend appropriate actions from hearings
of designations and heritage orders
·
The power to hear, consider and attempt to resolve contested road
stopping procedures
·
The power to consider and determine applications for temporary
road closures made under Schedule 10 Clause 11(e) of the Local Government Act
1974
·
The power to hear and determine all matters arising from the
administration of the Building Act 1991, and the Building Act 2004
·
The power to hear and determine objections to the classification
of dogs, and all other procedural matters for which a right of objection and
hearing is provided for under the Dog Control Act, 1996
·
The power to name all features within the city requiring naming
including roads, streets, service lanes, plazas, parking areas, parks,
reserves, gardens and all public facilities or infrastructure, aside from those
impacted by the Naming Rights and Sponsorship Policy for Community Services
Facilities
·
The power to provide advice to applicants on appropriate names
for private roads, rights of way or other legal forms of private access to
property
·
The power to make changes to the schedules to the Parking and
Vehicle Control Bylaw that do not require public consultation
·
The power to hear submissions and recommendations on proposed
changes to the schedules to the Parking and Vehicle Control Bylaw requiring
public consultation
·
The power to administer the administering body functions under
section 48 of the Reserves Act 1977 on proposed rights of way and other
easements on reserves vested in Council.
Item 6: Parking and
Vehicle Control Bylaw
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Hearings Panel - Other
1 December 2021
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REPORT R26186
Parking
and Vehicle Control Bylaw
1. Purpose
of Report
1.1 To
approve proposed alterations to Schedules of the Parking and Vehicle Control
Bylaw (2011), No 207, to give effect to minor safety and parking improvements,
roading improvements carried out as part of the capital works programme and
changes from new subdivisions.
2. Recommendation
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That the Hearings Panel - Other
1. Receives
the report Parking and Vehicle Control Bylaw (R22707) and its attachments (A2788242 and
A2788624); and
2. Approves amendments detailed in
report R22707 and its attachments (A2788242 and A2788624) to the following
Schedules of the Bylaw, Parking and Vehicle Control (2011), No 207:
· Schedule
9
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3. Background
3.1 The
Parking and Vehicle Control Bylaw 2011 allows for the Council by resolution, to
add, amend or delete specifications contained within the Schedules. The Council
has delegated this power to the Hearings Panel -Other. To ensure that the Bylaw
is enforceable it is important to ensure that the Schedules are updated on a
regular basis. The Bylaw Schedules were last updated in October 2021.
3.2 Minor
alterations and additions are proposed to Schedule 9 of the Bylaw as detailed
in section 4.
3.3 The
proposed alterations and additions are shown for indicative purposes only by
plans attached to this report. The purpose of these plans is to assist the
Panel to understand the nature of the changes proposed. These plans will not
form part of the final bylaw. The actual changes as they will be incorporated
into the final schedules of the Bylaw, and with the level of detail required
for enforcement purposes, are set out in the schedule of changes appended as
Attachment 2.
4. Discussion
Schedule 9 – No
Stopping and No Parking Areas
4.1 Bay
View Road – Proposed No Stopping Areas
4.1.1 Concern
has been raised by residents of Bay View Road regarding the increase in traffic
and speeds, largely attributed to the Bay View subdivision. Officers and the
developer (and the developers’ contractor) have met with residents on
this matter and the developer has prepared a Construction Traffic Management
Plan (CTMP) that has been circulated to the residents. That CTMP addresses
aspects that the developer can control with respect to construction traffic
relating to the earthworks and supply of materials for the subdivision.
4.1.2 The
CTMP does not and cannot address the other issues experienced on the road.
Officers have reviewed options to improve safety, and have letter dropped
residents seeking feedback on the installation of no stopping signs to improve
sight distances and overall safety.
4.1.3 No
stopping areas are proposed where visibility is reduced due to the geometry of
the road. Ensuring that the road is clear of parked vehicles during weekdays
will ensure vehicles can travel within their designated lanes, particularly
larger trucks and construction plant associated with the development but also
general traffic. These no stopping areas would be established using signs
rather than road marking due to the varying times at which these restrictions
would apply.
4.1.4 The
proposed no stopping would be established using no stopping signs that would
prohibit parking between the hours of 8am and 5pm Mon-Fri. This coincides with
the times when traffic volume is greater due to construction traffic. Outside
of these times, parking can occur as it does currently.
4.1.5 Officers
propose that these areas be established permanently and be monitored and
reviewed for effectiveness as and when changes occur to the roading
environment.
4.1.6 At
the time of report writing the collection of feedback from residents was
underway. Feedback will close on 28 November allowing officers time to prepare
and circulate a summary of feedback to the Hearing Panel prior to the meeting.
The proposed no stopping areas are shown in attachment 1, titled
4.1.
5. Options
5.1 There
are limited options for the items presented in this report as the changes in
schedule 9 are proposed changes to improve safe traffic movement. Option 1 is
the recommended option.
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Option 1: Adopt changes as
attached for Schedule 9 without changes. Recommended
option.
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Advantages
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· Installation
of time restricted no-stopping ensures vehicles can travel within their
designated lanes, particularly larger trucks and construction plant
associated with the development
· The
proposal will go a long way to addressing the concerns of the residents
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Risks and Disadvantages
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· Loss of
daytime on-street parking in places will affect some residents
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Option
2: Do not adopt changes as attached for Schedule 9
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Advantages
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· All
day parking on-street is retained
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Risks and Disadvantages
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· Failure
to approve changes will not address the concerns of unsafe use of the roading
network by residents and ignores calls for Council to improve safety on this
road
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Author: Matt
Bruce, Team Leader Transport and Solid Waste
Attachments
Attachment 1: A2788242
- Proposed Changes Shown Indicatively on Aerials ⇩
Attachment 2: A2788624
- Schedule of Changes to the Parking and Vehicle Control Bylaw ⇩
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Important considerations for decision making
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1. Fit
with Purpose of Local Government
The report recommendation meets current and future needs
of communities in contributing to the safe use of the roading and parking
network in the City.
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2. Consistency
with Community Outcomes and Council Policy
The content and recommendations of this report are
consistent with Councils Community Outcomes – “Our Infrastructure
is efficient, cost effective and meets current and future needs”. In
particular that we have good quality, affordable and effective
infrastructure, and transport networks. This report is directly aligned to
the requirements of the Parking Policy, the Parking and Vehicle Control Bylaw
and with Council’s strategic direction through the Regional Land
Transport Strategy.
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3. Risk
To ensure that the Bylaw is enforceable, it is important
to ensure that the Schedules are updated on a regular basis. Failure to
update Schedules will open enforcement up to challenge.
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4. Financial
impact
Costs are within allocated annual budgets for road
maintenance or capital projects.
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5. Degree
of significance and level of engagement
This matter is of low significance. Nearby businesses and
residents that could be affected, have been consulted.
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6. Inclusion
of Māori in the decision-making process
No engagement with Māori has been undertaken in
preparing this report.
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7. Delegations
The Hearings Panel - Other has the following delegations
to consider changes to the Parking and vehicle Control Bylaw.
Powers to Decide:
· The
power to make changes to the schedules to the Parking and Vehicle Control
Bylaw
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Item 7: Community
Celebration Parade, Christmas Carols, Sanitarium Weet-Bix Kids TRYathlon 2022
and Netsky Concert
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Hearings Panel - Other
1 December 2021
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REPORT R26249
Community
Celebration Parade, Christmas Carols, Sanitarium Weet-Bix Kids TRYathlon 2022
and Netsky Concert
1. Purpose
of Report
1.1 To
approve the temporary road closure applications for the Community Celebration
Parade on 12 December 2021, Christmas Carols on 24 December 2021, Sanitarium
Weet-Bix Kids TRYathlon 2022 on 20 March 2022 and Netsky Concert from 4 January
to 6 January 2022.
2. Recommendation
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That the Hearings Panel - Other
1. Receives
the report Community Celebration Parade, Christmas Carols, Sanitarium
Weet-Bix Kids TRYathlon 2022 and Netsky Concert (R26249) and its attachments (A2772316,
A2770192, A2757424, A2757237, A2763434, A2763428, A2772356 and A2723335); and
2. Approves
the temporary road closures as per report R26249 for Community Celebration Parade on 12 December 2021, and the
contingency dates for 2022 as stipulated in the report; and
3. Approves the temporary road
closures as per report R26249 for Nelson Christmas Carols on 24 December
2021; and
4. Approves the temporary road
closures as per report R26249 for Sanitarium Weet-Bix Kids TRYathlon 2022 on
20 March 2022; and
5. Approves the temporary road
closures as per report R26249 for Netsky Concert on 4 January to 6 January
2022; and
6. Notes COVID-19 restrictions have
introduced a large amount of uncertainty to events planning.
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3. Background
3.1 It
is a requirement that temporary road closures made under Schedule 10 Clause
11(e) of the Local Government Act 1974 come to the Hearings Panel - Other for approval.
3.2 It
is a requirement that consultation with Waka Kotahi New Zealand Transport
Agency (Waka Kotahi) is undertaken to temporarily close any road under Schedule
10 Clause 11 of the Local Government Act 1974. Nelson City Council (NCC) and
Waka Kotahi have an agreement whereby specific consultation is only required if
the closure affects state highway or their assigned detour routes.
4. Community
Celebration Parade
4.1 Council officers received
an application on 15 October 2021 from Asphalt and General to close the roads
listed below at the times listed below, and as shown in Attachment 1 for the
Community Celebration Parade. The Community Celebration Parade has changed its
name this year from the ‘Santa Parade’, in case the event is postponed
requiring it to take place in 2022. Due to uncertainty surrounding COVID-19
restrictions, organisers have provided contingency dates to proceed with this
event at a later date.
· Hardy Street (from
Rutherford Street to Morrison Street), Trafalgar Street (from Hardy Street to
Grove Street and Hathaway Terrace, including Trafalgar Park Lane and Trafalgar
Carpark) and Montgomery Square from 6am to 3.30pm Sunday 12 December.
· Bridge Street (at
the intersection with Trafalgar Street) and Halifax Street (at the intersection
with Trafalgar Street) from 1pm to 3.30pm Sunday 12 December.
4.2 If
the event cannot proceed on the 12 December 2021 as planned, the contingency
dates (which close the same roads at the same times) are as follows:
· Sunday
16 January 2022
· Sunday
20 February 2022
· Sunday
20 March 2022
· Sunday
17 April 2022
4.3 As
per clause 11(e) of schedule 10 of the Local Government Act 1974, this proposed
road closure will not exceed the aggregate of 31 days for any year.
4.4 Consultation
with Waka Kotahi has not been undertaken due to this event not having any
impact on the State Highway or its detour routes. Consultation with the Police
has been undertaken and they have given their approval for this event.
4.5 As
per clause 11A of schedule 10 of the Local Government Act 1974, Council placed
a notification in Our Nelson on 3 November 2021 to notify of the
applicant’s intention to close these roads on one of the stipulated dates
in the letter and inviting feedback by 17 November 2021. The advertisement was
also placed on the Council website, an email notification
was undertaken, and a hand delivered letter drop by the applicant to directly
affected businesses/residents was carried out (Attachment 2).
4.6 Feedback
was received as detailed below:
4.6.1 A
leaseholder of private parking in Crisps Lane sought advice on how access to
Crisps Lane would be managed on the day of the proposed closure. Private park
lease holders will be given access via Rutherford Street on the day to allow
parking in Crisps Lane.
4.6.2 A
private resident of Hathaway Court requested confirmation on where the parade
would start and end, questioning the length of the closure, and asked if the
residents of Hathaway Court Apartments could use Trafalgar Park Lane to gain
access to their properties. Officers have confirmed with the resident that the
Parade will be starting in Montgomery Carpark ending at Hathaway Court. The
early road closure is required to prevent people parking in the area before the
parade starts. All Hathaway Court Apartments residents will have access via
Trafalgar Park Lane.
4.7 No
noise consent is required for this event and evidence of public liability
insurance has been provided.
4.8 Council
officers are satisfied that the road closure will not unreasonably impede traffic
because alternative routes are available, and the extent and duration is
limited. Council officers recommend that this application be approved.
4.9 If
approved, a minimum of 24 hours’ notice will be provided to affected
businesses and residences. If the event gets cancelled due to, for
example COVID-19 restrictions, the closures will proceed to the next
contingency date, and this will be publicly notified.
5. Christmas
Carols 2021
5.1 Council
officers received an application on 29 September 2021 from Nelson City Council
Transport Team to close Trafalgar Square, including the Church steps and the
intersection with Park Street on 24 December 2021 from 7pm to 11pm as shown in
Attachment 3. The Christmas Carols is an annual event for the Nelson public to get
together and sing Christmas Carols.
5.2 As
per clause 11(e) of schedule 10 of the Local Government Act 1974, this proposed
road closure will not exceed the aggregate of 31 days for any year.
5.3 Consultation
with Waka Kotahi has not been undertaken due to this event not having any
impact on the State Highway or its detour routes. Consultation with the
Police has been undertaken and they have given their approval for this event.
5.4 As
per clause 11A of schedule 10 of the Local Government Act 1974, Council placed
a notification in Our Nelson on 20 October 2021 to notify of the
applicant’s intention to close these roads and inviting feedback by 3
November 2021. The advertisement was also placed on the Council website, an
email notification was undertaken, and a hand
delivered letter drop by the applicant to directly affected
businesses/residents was carried out (Attachment 4). No feedback was received for this event.
5.5 No
noise consent is required for this event and evidence of public liability
insurance has been provided.
5.6 Council
officers are satisfied that the road closure will not unreasonably impede
traffic because alternative routes are available, and the extent and duration
is limited. Council officers recommend that this application be approved.
5.7 If
approved, a minimum of 24 hours’ notice will be provided to affected
businesses and residences. If the event gets cancelled due to, for
example COVID-19 restrictions, the closures will not proceed, and this will be publicly notified.
6. Sanitarium
Weet-Bix Kids TRYathlon 2022
6.1 Council
officers received an application on 6 October 2021 from SMC Events Ltd to close
the roads listed below on 20 March 2022 from 6am to 1pm as shown in Attachment
5. The Sanitarium Weet-Bix Kids TRYathlon is an annual event for children aged
7-15 years to help them stay active and healthy through participating in this
swimming, cycling, and running event.
· Tahunanui Recreation Reserve
· Beach Road – from number 21 Beach Road to Golf
Road
· Hounsell Circle
· Bisley Walk
· Centennial Road
· Green Street – from Roto Street
6.2 As
per clause 11(e) of schedule 10 of the Local Government Act 1974, this proposed
road closure will not exceed the aggregate of 31 days for any year.
6.3 Consultation
with Waka Kotahi has been undertaken and they have given their approval for
this event. Consultation with the Police has been undertaken and they have
given their approval for this event.
6.4 As
per clause 11A of schedule 10 of the Local Government Act 1974, Council placed
a notification in Our Nelson on 20 October 2020 to notify of the applicant’s
intention to close these roads and inviting feedback by 3 November 2020. The
advertisement was also placed on the Council website and a hand delivered
letter drop was undertaken to directly affected businesses/residents
(Attachment 6). No feedback was received for this
event.
6.5 No
noise consent is required for this event and evidence of public liability
insurance has been provided.
6.6 Council
officers are satisfied that the road closure will not unreasonably impede
traffic because alternative routes are available, and the extent and duration
is limited. Council officers recommend that this application be approved.
6.7 If
approved, a minimum of 24 hours’ notice will be provided to affected
businesses and residences. If the event gets cancelled due to, for
example COVID-19 restrictions, the closures will not proceed, and this will be publicly notified.
7. Netsky
Concert
8.1 Council
officers received an application from Trademark Live on 19 October 2021 to
close the roads listed below at the times listed below, and as shown in
Attachment 7. This concert is in place of Bay Dreams South 2022 due to
the implications of COVID-19 and international acts being unable to get into
New Zealand. The company organising this event still wanted to bring a
concert to Nelson and have planned accordingly with the available acts.
· Hathaway Carpark and
Paru Paru Road (just past the bollards) from 6am Tuesday 4 January until 6pm
Thursday 6 January;
· Trafalgar Street (from Wainui Street to Halifax Street), Hathaway
Terrace and Grove Street (from Trafalgar Street to Collingwood Street) from 9pm to Midnight on Wednesday 5 January;
· Achilles Ave and Wakatu
Lane (Whakatu Carpark) from 5:00pm to Midnight on
Wednesday 5 January. Parking will be reduced during the day ahead of
this. This area is for the purposes of bus drop off/pick up.
7.2 Consultation
with Waka Kotahi has been undertaken and they have given their approval for
this event. Consultation with the Police has been undertaken and they have
given their approval for either of these closures and for the event.
7.3 As
per clause 11(e) of schedule 10 of the Local Government Act 1974, this proposed
road closure will not exceed the aggregate of 31 days for any year.
7.4 As
per clause 11A of schedule 10 of the Local Government Act 1974, Council placed
a notification in Our Nelson on 3 November 2021 to notify of the
applicant’s intention to close these roads and invited feedback by 17
November 2021. The advertisement was also placed on the Council website, an
email notification undertaken, and a hand delivered
letter drop by the applicant to directly affected businesses/residents in the
Nelson CBD carried out (Attachment 8).
7.5 Feedback
was received as detailed below:
7.5.1 One
respondent sought confirmation that Hathaway Court residents will have the same
access provisions as for previous years. Officers can confirm that the setup
will be the same as previous years.
7.6 The
Netsky Concert traffic management co-ordinator has confirmed that all Hathaway
Court residents will
receive a specific notification and an invitation to provide feedback in their letterbox.
7.7 Consents
and liquor license requirements for this event will be processed by other teams
within Council. Insurance requirements will be managed under the contract
between Trademark Live and Council.
7.8 Council
officers are satisfied that the road closure will not unreasonably impede
traffic because alternative routes are available, and the extent and duration
is limited. Council officers recommend that this application be approved.
7.9 Council
will normally advise any decision regarding closure to affected businesses and
residences as soon as the decision is made (in this case approximately 6 weeks
prior to the event). In any case, if approved, a minimum of 24 hours’
notice is provided. If the event gets cancelled due to, for example
COVID-19 restrictions, the closures will not proceed, and this will be publicly notified.
8. Options
8.1 The
Hearings Panel - Other has two options, either to approve or decline the
temporary road closure applications. Officers recommend approving the temporary
road closures for these events.
Author: Gillian
Dancey, Contracts Supervisor - Roading
Attachments
Attachment 1: A2772316 - MAP -
Community Celebration Parade - 2021 ⇩
Attachment 2: A2770192
- Road Closure Letter - Community Celebration Parade ⇩
Attachment 3: A2757424
- MAP - Christmas Carols 2021 ⇩
Attachment 4: A2757237
- Road Closure Letter - Nelson Christmas Carols 2021 ⇩
Attachment 5: A2763434
- MAP - Sanitarium Weet-Bix Kids TRYathlon 2022 ⇩
Attachment 6: A2763428
- Road Closure Letter - Sanitarium Weet-Bix Kids TRYathlon 2022 ⇩
Attachment 7: A2772356
- MAP - Netsky Concert - 2022 ⇩
Attachment 8: A2723335
- Road Closure Letter - Netsky Concert 2022 - Letter Drop ⇩
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Important considerations for decision making
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1. Fit
with Purpose of Local Government
The following are applicable:
· The
Local Government Act 1974, Schedule 10, Temporary Prohibition of Traffic.
· The
Local Government Act 2002, Clause 78, Community Views in Relation to
Decisions.
This temporary road closure fits with the purpose of
local government.
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2. Consistency
with Community Outcomes and Council Policy
These events contribute to our community outcomes by
assisting our community to celebrate their identity and community.
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3. Risk
If the temporary road closure is not approved, the
event is at risk of not going ahead.
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4. Financial
impact
There is no financial impact for Council for these
road closures.
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5. Degree
of significance and level of engagement
This matter is of medium significance because of the
number of people affected and the short duration of the events. A request for
feedback was advertised in Our Nelson and on the Council’s website.
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6. Climate
Impact
This decision will have no impact on the ability of
the Council or District to proactively respond to the impacts of climate
change now or in the future.
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7. Inclusion
of Māori in the decision-making process
No engagement with Māori has been undertaken in
preparing this report.
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8. Delegations
The Hearings Panel - Other has the following
delegations to consider temporary road closures:
Functions:
· To
conduct hearings and/or determine under delegated authority applications
relating to the Dog Control Act 1996, all matters relating to Temporary Road
Closures pursuant to Schedule 10 clause 11(e) of the Local Government Act
1974, matters relating to naming features within the city, and any other
matters required for determination by Council under legislation as determined
by Council.
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