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Council 29 August 2013

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Council 29 August 2013 MINUTES MINUTES OF A MEETING OF THE CHRISTCHURCH CITY COUNCIL HELD AT 9.30AM ON THURSDAY 29 AUGUST, FRIDAY 30 AUGUST AND MONDAY 2 SEPTEMBER 2013 PRESENT: The Mayor, Bob Parker (Chairperson). Councillors Peter Beck, Helen Broughton, Sally Buck, Ngaire Button, Tim Carter, Jimmy Chen, Barry Corbett, Jamie Gough, Aaron Keown, Glenn Livingstone, Yani Johanson, Claudia Reid and Sue Wells. 1. APOLOGIES Thursday, 29 August – nil. Friday, 30 August – apologies for lateness were received from the Mayor and Councillor Gough and Keown. Monday, 2 September - apologies for absence were received from Councillors Broughton and Gough. 2. DECLARATION OF INTEREST Councillor Carter declared an interest in item 23. 3. DEPUTATIONS BY APPOINTMENT The Council heard the following deputations: Item 7 Report of the Community Recreation and Culture Committee meeting of 6 August 2013 Mrs Topsy Rule and Mrs Kitty Fenton addressed the Council on item 7.2, the Sumner Community Centre and Library Rebuild. Roger Turner addressed the Council on item 7.2, the Sumner Community Centre and Library Rebuild. Jen Crawford (Chair) and Andre Lovatt (CEO) of the Arts Centre addressed the Council on item 7.9, the Chairpersons Report on the Arts Centre Trust Proposed Changes. Item 13 Hagley Oval Proposed Development Works and Lease Garth Wilson and Martin Taylor from the Central Riccarton Residents Association. Drucilla Kingi-Patterson, also addressed the Council on the item relating to the Town Hall Conservation and Overall Performing Arts Precinct. Dr Michael Gousmett. Peter Wakeman also addressed the Council on the item relating to the Town Hall Conservation and Overall Performing Arts Precinct. Martin Meehan, Chairman, Hands off Hagley. Neil Roberts and Lindsay Carswell, Christchurch Civic Trust. Lee Germon, Chief Executive Canterbury Cricket. Item 23 Town Hall Conservation and Overall Performing Arts Precinct. Barnaby Bennett. Luke di Somma. Jessica Halliday. Neil Cox. COUNCIL 3. 10. 2013 CHRISTCHURCH CITY COUNCIL 29. 8. 2013 3 Cont’d Gretchen La Roche, Acting General Manager, Christchurch Symphony Orchestra. Sir Miles Warren and Maurice Mahoney. The agenda was dealt with in the following order. 23. TOWN HALL CONSERVATION AND OVERALL PERFORMING ARTS PRECINCT Councillor Carter took no part in this item. The Mayor moved, seconded by Councillor Johanson, that the Council: (a) Commence the design development of the Town Hall restoration (based on option 1 for the southern entry) with the intention to achieve further cost certainty through a tender process and greater understanding of functional requirements via user groups. Option 1 has been recommended based on the balance of strong heritage support and limited functionality and commercial benefits of the other options. (b) Confirm that the option for the Performing Arts Precinct will include the Town Hall restoration (as above), a new Court Theatre, a home for the Music Centre of Christchurch and for the CSO and to continue with the feasibility study for the precinct via stakeholder engagement to achieve a brief and project definition that meets the required Crown/CCC cost sharing agreement budget. (c) Separate the budgets for the Town Hall restoration project and the other Performing Arts Precinct facilities which will provide assurance through project budgets specific as follows: $127.5 million for the Town Hall restoration and $30 million plus partner contributions for the other facilities. Councillor Gough moved by way of amendment: That the Council request that CERA agrees to a variation to the cost sharing agreement to defer a decision on the preferred option for the Town Hall until no later than March 2014. Note that this will provide the Council with the opportunity to fully consider detailed options and costings for the entire Performing Arts Precinct in conjunction with CERA and key performance, production and technical stakeholders. The amendment was seconded by Councillor Wells and on being put to the meeting was declared carried on electronic vote No. 1, by 12 votes to 1, the voting being as follows: For (12): The Mayor and Councillors Beck, Broughton, Buck, Button, Chen, Corbett, Johanson, Keown, Livingstone, Reid and Wells. Against (1): Councillor Gough. Councillor Button moved by way of amendment: (d) That the Council investigate international fundraising opportunities for the Town Hall restoration Project. The amendment was seconded by Councillor Keown and when put to the meeting was declared carried on electronic vote No. 2 by 12 votes to 1, the voting being as follows: For (12): The Mayor and Councillors Beck, Broughton, Buck, Button, Chen, Corbett, Gough, Johanson, Keown, Reid and Wells. Against (1): Councillor Livingstone. The amended motion was then put to the meeting as the substantive motion and dealt with as COUNCIL 3. 10. 2013 CHRISTCHURCH CITY COUNCIL 29. 8. 2013 follows: Clauses a, b and d were declared carried on electronic vote No. 3 by 13 votes to nil. Clause c was declared carried on electronic vote No. 4 by 9 votes to 4, the voting being as follows: For (9): The Mayor and Councillors Beck, Broughton, Buck, Corbett, Chen, Johanson, Livingstone and Reid. Against (4): Councillors Button, Gough, Keown and Wells. The Council adjourned at 12.40 pm and resumed at 1.30pm. 13. HAGLEY OVAL - PROPOSED DEVELOPMENT WORKS AND LEASE The Mayor moved, seconded by Councillor Keown: That the Council subject to the resource consent issued by the Environment Court in respect to Hagley Oval becoming operative, resolves as follows: (a) As landowner (and not in any other capacity), to approve the proposal by Canterbury Cricket Association Incorporated for the development of Hagley Oval attached as Attachment 2 to this report; (b) To approve the expenditure by the Council of the unspent balance of $1.085 million of the Hagley Oval development funding totalling $1.65 million allocated in the 2012/13 Annual Plan for the development of the embankment, practice wicket, and outfield at Hagley Oval as detailed in this report; (c) To approve the scope of the works to be undertaken by the Council at Hagley Oval as detailed in paragraph 35 of this report; (d) Pursuant to section 54(1)(b) of the Reserves Act 1977, to grant to Canterbury Cricket Association Incorporated a ground lease of those parts of South Hagley Park as are approximately delineated on the plan attached as Attachment 3 to this report, as follows: (i) the lease be for the purpose of erecting the sports pavilion building (including adjoining permanent seating and ancillary areas) and the lighting towers as approved by the Council and as referred to in paragraph (a) of this resolution; and (ii) the lease to be granted for a term of up to 33 years generally on the Council’s standard lease terms for leases of recreation reserve as shall be negotiated and agreed by the Corporate Support Manager; (iii) That the lease contain a provision that the tenant satisfy the Chief Executive that it has financial arrangements sufficient to complete the project prior to commencement of construction. (e) Pursuant to section 54 of the Reserves Act 1977 and a delegation from the Minister of Conservation, to consent on behalf of the Minister of Conservation to the grant of the lease referred to in paragraph (d) of this resolution. (f) That Canterbury Cricket provide, within the next two weeks, a business plan to Councillors and Council staff showing how they intend to fund the proposal. (g) That Canterbury Cricket have advised that no further funds from the Christchurch City Council would be sought. Councillor Johanson moved by way of amendment: COUNCIL 3. 10. 2013 CHRISTCHURCH CITY COUNCIL 29. 8. 2013 That consideration of this report be deferred until such time as the conditions of the resource consent are set by the Environment Court. The amendment was seconded by Councillor Beck and when put to the meeting was declared lost on electronic vote No. 5 by 5 votes to 9, the voting being as follows: For (5): Councillors Beck, Broughton, Chen, Johanson and Livingstone. Against (9): The Mayor and Councillors Buck, Button, Carter, Corbett, Gough, Keown, Reid and Wells. The original motion was then put to the meeting as follows. Clauses (a) to (d) (ii) and (e) to (g) were put to the meeting and declared carried on electronic vote No. 6 by 11 votes to 3, the voting being as follows: For (11): The Mayor and Councillors Beck, Buck, Button, Carter, Chen, Corbett, Gough, Keown, Reid and Wells. Against (3): Councillors Broughton, Johanson and Livingstone. Clause (d) (iii) was then put to meeting and declared carried on electronic vote No. 7, by 14 votes to nil. 16. RESOLUTION TO BE PASSED - SUPPLEMENTARY REPORTS It was resolved on the motion of the Mayor, seconded by Councillor Button that the reports be received and considered at the meeting of the Council on 15 August 2013. 27. CORRECTION OF RATES SETTING IRREGULARITIES It was resolved on the motion of the Mayor, seconded by Councillor Buck, that the Council: (a) Determine it is desirable to set its rates again for the 2013/14 year because of the irregularities in setting the rates identified and reported to the Council; (b) Will give 14 days' public notice of its intention to set the 2013/14 rates again in accordance with the requirements of the Local Government (Rating) Act 2002; (c) Will include in the public notice the following information, required by section 119 of the Act: (i) information in relation to the 2013/14 rates that was included in the funding impact statement in the Council's 2013/16 3 Year Plan; (ii) a statement of the reason why the Council has determined that it is desirable to set the 2013/14 rates again; and (d) Accept the advice of staff and the Council's external legal advisers that the process under section 119 of the Local Government (Rating) Act is not available to correct irregularities found in respect of previous years' rates setting and that these can only be validated by the passing of a Local Bill.
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