Agenda of Council - 30 00 2019

Council

30 July 2019

ITEM TABLE OF CONTENTS PAGE

1 Opening 4

2 Public Forum 4

2.1 Public Forum - Housing 4

2.2 Public Forum - Debt and the Waterfront Project 4

2.3 Public Forum - Mosgiel Pool 4

3 Apologies 4

4 Confirmation of Agenda 4

5 Declaration of Interest 5

6 Confirmation of Minutes 17

6.1 Extraordinary Council meeting - 11 June 2019 17

6.2 Ordinary Council meeting - 25 June 2019 18

Minutes of Committees

7 Economic Development Committee - 2 July 2019 19

8 Finance and Council Controlled Organisations Committee - 2 July 2019 20

9 Infrastructure Services and Networks Committee - 10 June 2019 21

10 Planning and Environment Committee - 11 June 2019 22

Minutes of Community Boards

11 Waikouaiti Coast Community Board - 1 May 2019 23

12 Strath Taieri Community Board - 2 May 2019 24

13 Mosgiel-Taieri Community Board - 8 May 2019 25

14 West Harbour Community Board - 8 May 2019 26

15 Saddle Hill Community Board - 9 May 2019 27

Reports

16 Mosgiel Pool Site Selection 28

17 Temporary Alcohol Ban for Fleetwood Mac Concert 71

18 Review of Mobile Trading and Temporary Stall Bylaw 84

19 Procedure for Appointment and Remuneration of Directors of Dunedin City Holdings Limited 92

20 DCC Clean Car Standard and Clean Car Discount Submission 114

Notice of Motion

21 Notice of Motion - Parking 165

Resolution to Exclude the Public 167

Council

30 July 2019

Reports

Mosgiel Pool Site Selection

Department: Parks and Recreation

EXECUTIVE SUMMARY

1 The purpose of this report is for Council to approve the proposed location of the new Taieri Aquatic Centre within the recently designated site. The designation allows development for community and recreation purposes within Peter Johnson Park and Memorial Park and Gardens subject to a number of conditions that all works within the designated area must comply with.

2 The Notice of Requirement for the designation was lodged with the DCC and was publicly notified on 10 November 2018. Following a submission period and a Hearing on 25 February 2019 the Notice of requirement was confirmed on 15 March 2019. No appeals were lodged against the decision.

3 Environmental and planning consultants Mitchell Daysh were engaged by Dunedin City Council to coordinate the designation process on behalf of Dunedin City Council. Subsequently Mitchell Daysh have been engaged to evaluate three possible locations for the new Taieri Aquatic Centre within the designated area and assess each option against a set of site specific criteria. The options are shown in Appendix A (South Option), Appendix B (West Option) and Appendix C (East Option). The drawings show the location of the pool building and the proposed car parking associated with each location.

4 All three options can achieve compliance with the designation conditions The East and West options, however, require significant expense to overcome issues with existing infrastructure. The South option shown in Appendix A maintains open space values, integrates well with existing infrastructure and creates the least number of adverse effects and is therefore considered to be the most suitable location.

5 The recommendations from the Mitchell Daysh report were discussed at the Mosgiel Pool Project Control Group meeting on Wednesday 3 July 2019 and the South option as a location for the Aquatic Facility was supported unanimously.

RECOMMENDATIONS

That the Council:

a) Approves the South option as the location for the new Taieri Aquatic Centre within the designated Peter Johnson Park and Memorial Park and Gardens site.

BACKGROUND

6 Dunedin City Council has recently approved a designation over Peter Johnson Park and Memorial park and Gardens for community and recreation purposes. The designation is subject to a number of conditions that any work carried out within the designated area must comply with. The designation conditions are included in the Mitchell Daysh Site Comparison report attached in Appendix D.

7 One of the key outcomes from the designation is to provide for the development of the new Taieri Aquatic Centre. Three options were developed by Boffa Miskell Limited as part of the Notice of Requirement for the designation to ensure that the Aquatic Centre could be established within the designated area.

8 Two of the original Boffa Miskell options were located adjacent to and slightly within the Memorial Gardens. Condition 13 of the designation specifies that there must be no aquatic centre or parking area for an aquatic centre located within the Mosgiel memorial Gardens. As a result, the Boffa Miskell options developed as part of the Notice of requirement for the designation process need minor adjustment to be compliant with the designation conditions. The option layouts shown in Appendix A, B and C are the most up to date drawings.

9 The three Boffa Miskell options were evaluated by Mitchell Daysh as potential locations for the Taieri Aquatic Centre. The Boffa Miskell options provide enough information to understand the pros and cons for each location. The Mitchell Daysh Site Comparison report is attached in Appendix D.

DISCUSSION

10 One of the key outcomes of designating this land is to provide for the development of the new Taieri Aquatic Centre.

11 For the purpose of assessing the three locations, the footprint of the building was based on the layout from a 2017 Design and Feasibility Report prepared for Dunedin City Council by Apollo Projects.

12 The three options assessed by Mitchell Daysh are the Boffa Miskell masterplan options used in the Notice of requirement for the designation process.

13 The following matters were assessed for each option.

· Confirmation that all designation conditions can be met without affecting the suitability/workability of the option;

· Access (including potential intersection upgrades and loading);

· Carparking availability/ability to develop in close proximity;

· Effects on roading network;

· Effects on amenity for residential neighbours, including noise, bulk of buildings, lighting, change in outlook;

· Geotechnical considerations;

· Flood risk;

· Proximity to access services (potable water, wastewater, power, etc);

· Existing services constraints/need to relocate;

· Connection with existing activities, such as playground, fields, etc;

· Effects on existing users – sports fields, gardens, buildings, holiday park, etc;

· Implications for Council in terms of Reserves Act 1977 obligations;

· Implications for Council and existing users in terms of leases or other legal agreements;

· Major or obvious comparative development costs.

14 The Mosgiel Pool project is one of eleven projects within the Dunedin City Council’s Major Projects Programme. Project Control Group meetings provide a forum for Project decision making. The Project Control Group (as the Project Board) is accountable to the Programme for the success of the Project and is responsible for the overall management of the project working within the constraints set by the Programme Change Control Group (as the Programme Board).

15 The Project Control Group is made up of the project manager (Matthew Hartley DCC), Senior Supplier (Dave Wish DCC), Senior Owner (John Brenkley, Nicola Jukes DCC), Supplier Assurance (Martin Dillon, Mosgiel Taieri Community Board) and Owner Assurance (Irene Mosely (Spokesperson), Shaun Pont, Taieri Community Facilities Trust).

16 The Project Control group meets monthly. The main agenda item for the 3 July 2019 meeting was the selection of the site for the Taieri Aquatic Facility within the recently designated Peter Johnson Park and Memorial Park and Gardens site. The Mitchell Daysh Site Comparison Report in Appendix D formed the basis of the discussion. The consensus was that while the pool could be sited in any one of the three locations, the site with the most benefits form an urban design and connectivity perspective and the least financial cost was the South Option.

17 Sports clubs located within the designation area were invited to a meeting on 16 July in the Mosgiel Library to discuss the three options from their point of view. Five people attended the meeting, three from the Mosgiel Association Football Club (Mosgiel AFC) and two from Squash Taieri.

18 The main concerns raised by Mosgiel AFC were regarding the loss of green space and the protection of the football training ground. The South Option meets both requirements in that it involves the least loss of green space and the training ground is not affected.

19 Squash Taieri were concerned that the buildings would create dark spaces adjacent to their facility and generate potential safely concerns for people moving from the car park to the squash courts. This can be mitigated by providing good quality lighting from the buildings and the pool will operate at night which will provide passive surveillance for the immediate surrounds.

20 Following an article from The Star newspaper on Thursday 18 July, Council were contacted by a number of residents who live near the location of the South Option with concerns about the bulk of the building and potential blocking of sunlight during winter months.

21 One resident was concerned about the cluster of buildings creating a ‘wall” of buildings in line with the current grandstand. Their issue was that in the designation evidence one of the expert witnesses Landscape Architect Mike Moore had written that the combined length of the Memorial Park Grandstand / Squash Courts building is approximately 78 metres and he considered this to be unduly prominent. Mr Moore proposed that for any new buildings a 65 metre maximum length in conjunction with other controls (height, building footprint, combined site coverage, building design and appearance) would provide a reasonable limit to the apparent scale of buildings. He also proposed that any building façade greater than 20 metres shall have glazing or other feature to break up the solid appearance of the building.

22 These recommendations were incorporated into the conditions of the designation. The new building will meet these length parameters and will be visually quite different from the existing grandstand and squash buildings which will avoid the building design and appearance issues expressed by Mr Moore. The new facility will be designed to have a gap between existing buildings to provide a visual connection through to the Memorial Gardens and there will be external landscape treatments as part of the design.

23 Another resident was concerned at the potential bulk of the building and loss of sunlight during winter affecting their residential property. The conditions of the designation include a maximum height requirement and minimum building and structure setbacks from boundaries and height in relation to boundaries. These conditions in conjunction with the building design and appearance condition will mitigate many of the bulk and sunlight issues. The design of the building has not yet started so the full implication of bulk and sunlight concerns are difficult to assess. Given that the resident has expressed concern, this requirement to minimise shade to adjacent buildings can be included in the brief to the design team.

24 A further invitation was sent to the sports clubs within the designation area for a meeting on 24 July. This meeting is to inform them of the final staff recommendation for consideration by Council.

OPTIONS

25 The Mitchell Daysh report in Appendix D contains a detailed comparison of options. These are not repeated in full here. The options below should be read in conjunction with the key advantages and disadvantages as below.

Option One – Recommended Option

26 South Option. Development of the Aquatic Centre on the existing car park area north of Memorial Gardens.

Advantages

· Good internal connectivity for pedestrians, integrates well with existing infrastructure.

Disadvantages

· Will need to re-position the athletics track.

· The pool building is close to residential neighbours.

Option Two – Status Quo

27 West Option. Uses the existing pool location for car parking and some greenfield development on Memorial Park to accommodate the Aquatic Centre building.

Advantages

· Limited number of residential neighbours in this location

Disadvantages

· Caravan park will need to be relocated, sewer pipe will need to be relocated.

Option Three

28 East Option. Access to the Aquatic Centre from Reid Avenue, north of Memorial Gardens.

Advantages

· Good internal connectivity for pedestrians and vehicles.

Disadvantages

· Conflict with existing underground infrastructure, requires removal and relocation of the current athletics building and relocation of the existing 11kv underground electrical cable. Access to the site from Reid Avenue will be expensive.

NEXT STEPS

29 Once the site for the Aquatic facility has been approved the project management team can proceed with preparation of the design brief for the procurement of a design team.

Signatories

Author:	John Brenkley - Planning and Partnerships Manager
Authoriser:	Sandy Graham - General Manager City Services

Attachments

	Title	Page
⇩a	Mosgiel Pool Location South Option	35
⇩b	Mosgiel Pool Location West Option	36
⇩c	Mosgiel Pool Location East Option	37
⇩d	Mitchell Daysh Site Comparison Report	39

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision promotes the social and physical well-being of the Mosgiel and wider communities in the present and for the future by providing a facility that can be accessed by young and old for the purpose of recreation and amenity.

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☒	☐	☐
Economic Development Strategy	☒	☐	☐
Environment Strategy	☒	☐	☐
Arts and Culture Strategy	☒	☐	☐
3 Waters Strategy	☐	☐	☒
Spatial Plan	☒	☐	☐
Integrated Transport Strategy	☐	☐	☒
Parks and Recreation Strategy	☒	☐	☐
Other strategic projects/policies/plans	☐	☐	☐

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

The recommended option has the least impact on existing infrastructure and the existing sports users. The conditions of consent prevent the building from intruding into the Memorial Gardens.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

The project is included in the LTP. Any of the three sites can be made to work for the location of the Taieri Aquatic Centre. Each of the sites has different cost implications to the project. The south option has the least disadvantages with regard to infrastructure and is the most cost effective of the three sites.

Financial considerations

The south option has the least disadvantages with regard to infrastructure and is the most cost effective of the three sites.

Significance

This decision is considered low in terms of the Council's Significance and Engagement Policy. The designation process for Peter Johnstone Park, Memorial Park and memorial Gardens was a publicly notified process.

Engagement – external

The designation process for Peter Johnstone Park, Memorial Park and memorial Gardens was a publicly notified process.

Engagement - internal

The designation process involved input from Regulatory Planning, Transport and Water and Waste departments.

Risks: Legal / Health and Safety etc.

The main risk is that the sports clubs currently using Memorial Park disagree with the selection of the South option as the location for the Taieri Aquatic Centre.

Conflict of Interest

There are no conflicts of interest

Community Boards

The Community Board is aware of the process and the rationale for the selection of the South option.

Council

30 July 2019

Temporary Alcohol Ban for Fleetwood Mac Concert

Department: Customer and Regulatory Services

EXECUTIVE SUMMARY

1 The Council has received a request from the Police to implement a temporary alcohol ban in an area around the Forsyth Barr Stadium for the Fleetwood Mac Concert (Attachment A).

2 The request is to cover the period between 12pm Saturday 21 September to 12pm on Sunday 22 September 2019.

3 The area to be covered by the temporary ban is bounded by Albany Street, Riego Street, Harbour Terrace and Dundas Street, Butts Road, Anzac Avenue, State Highway 88, Anzac Avenue and back to Albany Street (Attachment B)

RECOMMENDATIONS

That the Council:

a) Approves the implementation of a temporary alcohol ban from 12pm Saturday 21 September to 12pm on Sunday 22 September 2019 in the area bounded by Albany Street, Riego Street, Harbour Terrace and Dundas Street, Butts Road, Anzac Avenue, State Highway 88, Anzac Avenue and back to Albany Street.

BACKGROUND

4 Fleetwood Mac is performing a concert at the Forsyth Barr Stadium in Dunedin on Saturday 21 September 2019. The stadium gates will open at 6pm with the concert expected to be finished by 11pm.

5 In the past temporary alcohol bans have been put in place for a number of events at the stadium. Organisers of events and the Police have found patrons to be more easily managed when a ban has been in place as it limits the amount of alcohol consumed as they walk to the stadium. It also makes it easier for security personnel to identify intoxicated people approaching the area and they can be intercepted before they move into the queues to gain entry to the event.

6 The Police have requested an alcohol ban from 12pm Saturday 21 September to 12pm on Sunday 22 September 2019 to cover what they consider to be a high-risk period over the weekend.

7 Rubbish recycle bins will be placed at the perimeter to encourage people to dispose of their rubbish, including drink containers, properly.

8 Section 5.2 of the Alcohol (Control of Alcohol in Public Places) Bylaw 2004 (Attachment C) provides the ability for Council to implement temporary alcohol restrictions when considered appropriate. It states:

“The Council may from time to time by resolution specify additional periods and public places during which the bringing of alcohol into, the possession and/or consumption of alcohol in that public place may be prohibited. The Council may make such a resolution in relation to any planned public event, function or social gathering to be held in that public place.”

DISCUSSION

9 The Forsyth Barr Stadium is the main venue for large scale events in Dunedin, both sporting events and concerts.

10 In the past there has been issues with people arriving at the venue intoxicated from either preloading before leaving for the event of consuming alcohol as they walk. The Police are aware that alcohol bans will not prevent all alcohol-related harm but believe they provide an enforcement tool which assists in curbing such harm.

11 When a temporary alcohol ban is implemented the organisers of events report a reduction in the number of conflict situations when people are told either to discard their drinks or that they are too intoxicated to enter the premises. The ban means people cannot openly carry alcohol within the ban area and security have found that consequently few people attempt to smuggle containers into the area. Security personnel also find it easier to identify and intercept intoxicated people approaching the entry to the stadium.

12 The cost of signage and advertising the temporary ban will be approximately $1,000 and will be met by the alcohol licensing budget.

13 The Police will monitor the ban as they do in the central city with education and discretion being the priority. Enforcement action will only be taken if the circumstances require such an approach.

14 The Alcohol (Control of Alcohol in Public Places) Bylaw 2004 requires any resolution made by Council to be publicly notified in the Otago Daily Times and by street signage in or adjacent to the specified public place at least 14 days before it takes effect.

15 There have been no objections or complaints about the implementation of temporary alcohol bans in the area in previous years.

OPTIONS

16 There are two options for Council to consider.

Option One – Implement a temporary alcohol ban (recommended)

17 This would allow an alcohol-free area around the Forsyth Barr Stadium in the period leading up to the Fleetwood Mac Concert.

Advantages

· There will be controls in place to provide security and police with an early intervention tool to help minimise pre-loading of alcohol before the concert.

· Intoxication levels of people approaching the stadium will more easily be assessed.

· There will be minimal impact on people not attending events at the stadium.

Disadvantages

· There will be a cost associated with the implementation of the ban ($1,000).

· May be viewed by some as being unnecessary.

Option Two – No temporary alcohol ban (status quo)

18 This option would mean there will be no additional controls in place for the concert.

Advantages

· There would be no costs to Council ($1,000).

Disadvantages

· Police and event organisers would not have the advantage of an early intervention tool to help minimise alcohol-related harm.

· Gate staff at the stadium may have more difficulties with intoxicated people wanting to gain entry.

NEXT STEPS

19 The Alcohol (Control of Alcohol in Public Places) Bylaw 2004 requires that any resolution of Council pursuant to section 5 is publicly notified in the Otago Daily Times and by street signage in or adjacent to the specified public place before it takes effect.

20 If the temporary ban is approved, public notice will begin on 2 September 2019.

Signatories

Author:

Kevin Mechen - Secretary, District Licensing Committee

Authoriser:

Adrian Blair - Group Manager Customer and Regulatory Services

Simon Pickford - General Manager Community Services

Attachments

	Title	Page
⇩a	Police request for temporary alcohol ban	76
⇩b	Temporary Alcohol Ban Area	78
⇩c	Alcohol (Control of Alcohol in Public Places) Bylaw 2004	79

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This proposal relates to providing a regulatory function and it is considered good-quality and cost-effective by providing the Police with an early intervention tool to help minimise alcohol-related harm in an area of high-risk during a large-scale event.

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☒	☐	☐
Economic Development Strategy	☐	☐	☒
Environment Strategy	☐	☐	☒
Arts and Culture Strategy	☐	☐	☒
3 Waters Strategy	☐	☐	☒
Spatial Plan	☐	☐	☒
Integrated Transport Strategy	☐	☐	☒
Parks and Recreation Strategy	☐	☐	☒
Other strategic projects/policies/plans	☐	☐	☒

The proposal contributes to the Social Wellbeing Strategy in that it will support a ‘healthy and safe people’. The proposal will help minimise the risk of alcohol-related harm

Māori Impact Statement

There are no known impacts on tangata whenua.

Sustainability

There are no implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for the LTP or Annual Plan.

Financial considerations

There will be a cost for advertising and temporary alcohol restriction signage. This would be approximately $1,000 and is provided for in the alcohol licensing budget.

Significance

The proposal has been assessed under the Council’s Significance and Engagement Policy as being of low significance.

Engagement – external

The Police requested the ban. Because temporary alcohol bans are a regular occurrence no other consultation has been undertaken. Dunedin Venues Management Limited are fully supportive of the proposed ban.

Engagement - internal

Appropriate Alcohol Licensing and Waste Services staff have been consulted.

Risks: Legal / Health and Safety etc.

No risks have been identified. The recommended option is not considered to be contrary to or inconsistent with the New Zealand Bill of Rights Act 1990 as the prevention of alcohol related harm has been prioritised by Parliament. Parliament has provided for Councils to impose temporary alcohol bans to avoid alcohol related harm, and the ban proposed is considered to be appropriate and proportionate to the risk of alcohol related harm occurring as a consequence of the proposed event.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

There are no implications for Community Boards.

Council

30 July 2019

Review of Mobile Trading and Temporary Stall Bylaw

Department: Corporate Policy and Customer and Regulatory Services

EXECUTIVE SUMMARY

1 This report recommends a revised version of the Mobile Trading and Temporary Stall Bylaw (the Bylaw) as the most appropriate way of addressing mobile trading, other street trading, and electric scooter (e-scooter) share scheme operator issues identified in this report.

2 Early review of this bylaw was approved by the Council in March 2019 to investigate ways of regulating e-scooter and other share scheme operations.

3 Key issues have already been identified for review including:

· Share scheme operators and tour operators do not currently require permits or licences to operate and the Council and the public have safety concerns related to some of these operations. Although buskers, commercial users of footpath and street fundraisers do require permits or applications to operate, these activities are not currently covered by bylaw legislation.

· Similarly, commercial tour operators who sell tours on the street to city visitors are not bound by any legislation or conditions to trade in the city and some issues that have been identified are footpath congestion and potential safety issues during cruise ship visits.

· There is also increased demand from mobile traders to trade and this is expected to continue as the number of events increases and city growth is forecast.

· While the Bylaw ensures trading in public places maintains appropriate standards of health, safety, pedestrian priority and amenity, it is also important to acknowledge the benefits of trading in public places including vibrancy, liveliness and attractive lifestyle options for the city.

· The revised Bylaw should be open enough to adapt to changing technology such as automated Segways, drone delivery and other e-vehicles and recreation devices that may develop in the future.

RECOMMENDATIONS

That the Council:

a) Determines that a bylaw is the most appropriate way of addressing mobile trading, other street trading, and electric scooter share scheme operator issues in Dunedin.

b) Notes that a draft Statement of Proposal and draft Bylaw will be developed and presented to the Council prior to December 2019.

BACKGROUND

Bylaw purpose

4 The Bylaw was made under sections 145 and 146 of the Local Government Act 2002 (LGA) and has been in place for more than 30 years.

5 The purpose of the Bylaw acknowledges that:

“trading in public places adds to character, vibrancy and visitor experience amongst other benefits. However, it is important to control trading activities to ensure appropriate standards of health, safety, pedestrian priority and amenity are maintained. The bylaw is to ensure that the public trading activities in Dunedin City make public places more safe, lively and attractive without inhibiting the safety and efficiency of pedestrian movement”.

6 The Bylaw regulates on mobile trading licences, temporary stall permits, general conditions for trading, permissions for certain areas, permit and licence renewals, enforcement, offences, penalties and rights of appeal.

Council resolution

7 The Bylaw was last reviewed in April 2014 and would be due for review again in 2024, except that the Council approved early review with its 26 March 2019 resolution:

Moved (Cr Jim O’Malley/Cr Aaron Hawkins):

That the Council:

a) Approves commencement of the first stage of the Mobile Trading and Temporary Stall Bylaw review

Motion carried.

8 One of the reasons for the resolution to review the Bylaw early was with a view to include share scheme operators such as Lime e-scooters within its parameters, for example that a permit or licence is required for such companies to operate. This is the case in some other New Zealand cities.

Ministry of Transport and New Zealand Transport Agency e-scooter update

9 There are limits to what local authorities can do to regulate e-scooters. The Council has written to the New Zealand Transport Agency (NZTA) and the Ministry of Transport twice, urging them to take a national approach to the use of helmets with e-scooters, use of cycleways and speed limits for e-scooters.

10 NZTA responded on 24 April 2019 advising that they are “developing the Accessible Streets regulatory package to improve the safety and accessibility of our footpaths and cycle paths. This package is considering proposals that are intended to help reduce the risk to footpath users from the unsafe use of any vehicle on the footpath, including e-scooters. Officials are likely to be seeking public consultation on the package later this year”.

DISCUSSION

11 A bylaw is still considered the most appropriate way to address issues with trading in public places in Dunedin. Evidence shows that the Bylaw is working well for the areas of operation it currently covers, with good compliance by mobile traders and temporary stall operators to control trading activities and ensure appropriate standards of health, safety, pedestrian priority and amenity are maintained.

12 Several further issues have been identified that could be addressed through the review of the Bylaw and these are outlined in this report.

Regulation for share scheme operators

13 The introduction of the share scheme for electric scooters by Lime, in January 2019, prompted the Council to look at whether controls might be needed, what controls are already in place with different organisations and legislation, and what further options might be required to address any issues that arose.

14 Currently, e-scooter company, Lime, does not require a permit to operate and there is no legislative ability to hold the company to any conditions which might alleviate safety concerns for pedestrians on footpaths.

15 The Bylaw is one mechanism the Council could use to introduce regulations for share scheme operators. The Bylaw could be amended to include a clause requiring businesses such as e-scooter rental companies to hold a licence to operate from the DCC in the same way other Councils manage this. The Bylaw can impose penalties if conditions are not met. Curfews, fees, numbers and monitoring data are some of the things that could be managed and controlled by a bylaw and licences in this way.

16 Potentially, the revised Bylaw could also include licence conditions such as areas and times where e-scooters are not allowed to operate. The feasibility of such conditions will be worked through as part of the Bylaw review and will be consulted on using the special consultative procedure.

Regulation for future trading operators

17 The revised Bylaw should be open enough to adapt to changing technology such as automated Segways, drone delivery and other e-vehicles and recreation devices.

Regulation for busking

18 Currently, buskers are asked to complete an application form which has conditions of operation, there is no legislative requirement for them to do so. Conditions include things such as noise levels, access for pedestrians, length of busking time and busking hours.

19 Including the requirement for buskers to hold a free permit to operate would require no extra effort for buskers but would ensure that busking conditions can be enforced so that public safety is maintained.

Investigating process for managing specific mobile trading sites

20 Demand for mobile trading sites in Dunedin is increasing as the city grows. The current Bylaw allows mobile traders to trade anywhere in the city where they are legally parked and there is a limited number of permanent sites.

21 The bylaw review will investigate how additional mobile trading sites might be made available, as well as reviewing the process for traders obtaining permits.

22 The review will also look at the feasibility of having exemptions to restricted trading areas for specific events, for example George St or the Octagon if they were pedestrianised for particular occasions. This could allow opportunities for pop-up traders which could add to the vibrancy and attraction of an event.

Commercial use of footpaths and street fundraising

23 The review will investigate the feasibility of incorporating aspects of the Commercial Use of Footpaths Policy into the Bylaw. The Commercial Use of Footpaths Policy applies to all objects placed on the footpath or suspended over it (up to a height of 2.6 metres), for example signs, tables and chairs.

24 The purposes of these two documents are similar in terms of pedestrian safety and it may be easier for the public and for staff for these documents to be aligned.

25 Similarly, the review will look at including street fundraising within the bylaw. This is currently managed with the Street Fundraising Policy and it may be easier for these documents to be aligned.

Other issues

26 The Bylaw review will also provide the opportunity to review other aspects of the Bylaw, for example considering a change of name for the Bylaw to better reflect any change in content; identifying parts of the Bylaw that may be no longer required; and clarifying and aligning the Bylaw processes such as applications and licences.

27 The review will also need to ensure the Bylaw aligns with other Council documents and legislation such as the Second Generation Plan, other bylaws, the Health Act, Building Act and the forthcoming central city upgrade project.

Special consultative procedure

28 Should the Bylaw review continue, the LGA requires use of the special consultative procedure as part of the review.

OPTIONS

29 Options are to continue or not to continue with the review of the Mobile Trading and Temporary Stall Bylaw as the most appropriate way of addressing related issues in Dunedin.

Option One – Continue the review of the Mobile Trading and Temporary Stall Bylaw as the most appropriate way of addressing related issues in Dunedin (Recommended).

Advantages

· Meets Council’s resolution to review this Bylaw early.

· Including share scheme and other operators in the Bylaw will ensure greater management of appropriate standards of health, safety, pedestrian priority and amenity across all trading operators.

· Greater flexibility for the Council and trading operators when dealing with users of public spaces.

· Opportunity to align documents such as the Bylaw, the Second Generation Plan and the Commercial Use of Footpaths Policy.

Disadvantages

· There are no known disadvantages to continuing the review of the Bylaw.

Option Two – Do not continue with the review of the Mobile Trading and Temporary Stall Bylaw as it is not the most appropriate way of addressing related issues in Dunedin.

Advantages

· There are no known advantages of not continuing the review of this Bylaw.

Disadvantages

· Does not meet Council’s resolution to review this Bylaw early.

· Lost opportunity to better manage a variety of trading activities, risking inappropriate and variable standards of health, safety, pedestrian priority and amenity.

· Lost opportunity for greater management of share scheme operators both now and in the future to improve pedestrian and rider safety e.g. e-scooter companies.

· Lost opportunity to increase flexibility to manage and cater for new users of public spaces.

NEXT STEPS

30 If approved, next steps are to report back to the Council before Christmas 2019 with a draft Statement of Proposal which presents feasible options to address issues, along with a draft proposed bylaw. The recommendation will then be to approve these documents for consultation using the special consultative procedure, as required by the LGA.

31 Given the number of related documents to review and the number of departments involved, the October timeframe is tight. The Council will be advised should this timeframe become unfeasible.

Signatories

Author:

Anne Gray - Policy Analyst

Adrian Blair - Group Manager Customer and Regulatory Services

Authoriser:

Simon Pickford - General Manager Community Services

Attachments

There are no attachments for this report.

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision/report/proposal relates to providing a regulatory function and it is considered good-quality and cost-effective.

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☒	☐	☐
Economic Development Strategy	☒	☐	☐
Environment Strategy	☐	☐	☒
Arts and Culture Strategy	☒	☐	☐
3 Waters Strategy	☐	☐	☒
Spatial Plan	☒	☐	☐
Integrated Transport Strategy	☒	☐	☐
Parks and Recreation Strategy	☒	☐	☐
Other strategic projects/policies/plans	☐	☐	☐

The proposal to continue reviewing the MTTS contributes to most of the strategic framework as the bylaw purpose is: “trading in public places adds to character, vibrancy and visitor experience amongst other benefits. However, it is important to control trading activities to ensure appropriate standards of health, safety, pedestrian priority and amenity are maintained. The bylaw is to ensure that the public trading activities in Dunedin City make public places more safe, lively and attractive without inhibiting the safety and efficiency of pedestrian movement”.

Māori Impact Statement

There are no known specific impacts for tangata whenua.

Sustainability

There are no known implications for sustainability.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for these documents.

Financial considerations

There are no financial implications.

Significance

The decision to continue the MTTS review is considered low in terms of the Council’s Significance and Engagement Policy.

Engagement – external

Initial engagement has occurred with Lime and Beam e-scooter companies, Disability Advisory Group, People’s Panel (on e-scooter use). Key stakeholders have been emailed advising them of the review and of the opportunities for input.

Engagement - internal

Initial internal engagement has occurred through a number of meetings with Transport, City Development, Urban Design, Compliance, Fleet/Parking Operations, Parking Services and Environmental Health, Parks and Recreation, Corporate Policy, Enterprise Dunedin, Solid Waste, Events and Community Development and in-house legal services.

Risks: Legal / Health and Safety etc.

There are no identified risks.

Conflict of Interest

This decision to continue review of the bylaw has potential to mitigate health and safety risks, such as pedestrian safety, relating to street trading and share scheme operators in Dunedin.

Community Boards

There are no implications for Community Boards.

Council

30 July 2019

Procedure for Appointment and Remuneration of Directors of Dunedin City Holdings Limited

Department: Finance

EXECUTIVE SUMMARY

1 This Report recommends a small number of changes to Council’s existing Procedure for Appointment and Remuneration of Directors of Dunedin City Holdings Limited. Attachment A to the report shows tracked changes to the Procedure and Attachment B shows the final draft without tracked changes.

RECOMMENDATIONS

That the Council:

a) Approves the changes to the Procedure for Appointment and Remuneration of Directors of Dunedin City Holdings Limited.

BACKGROUND

2 Since the current Council Procedure for Appointment and Remuneration of Directors of Dunedin City Holdings Ltd (“the Procedure”) was adopted by Council in February 2019 a small number of, largely cosmetic, amendments have been identified. These are summarised below.

3 The main changes to the Procedure relate to providing clarity to the following areas:

· The maximum amount of time a director can serve on the board of DCHL; and

· Whether being appointed by an external party to the board of a group company is relevant when considering the maximum number of years a director can serve on boards of group companies.

DISCUSSION

4 The proposed addition to the Definitions relates to the proposed changes to Section 2 of the Procedure and recognise that some directors of certain Group Companies are not appointed by DCC/DCHL.

5 The proposed changes to Section 1.1 of the current Procedure provide greater emphasis on the need to consider conflicts of interest and board diversity when appointing/reappointing directors (the new Section 1.1.3 is Section 1.7.4 of the current Procedure).

6 The proposed changes to Section 1.2 of the current Procedure:

· expand the range of skills/attributes to be considered when considering a director vacancy; and

· confirm that the Chair of DCHL can be included in the process to identify a recommended candidate to fill a DCHL director vacancy; and

· moves the final three bullet points to a new Section of the Procedure (Section 1.9)

7 The proposed changes to Sections 1.3 and 1.4 of the current Procedure:

· Recognises that ‘number of years served’ is more relevant than ‘number of terms served’ as, usually for succession planning reasons, some director terms are for less than three years; and

· Include a small number of grammatical changes.

8 The proposed changes to Sections 1.7 and 1.9 of the current Procedure are the result of moving points within the current Procedure (to Section 1.1.3 and from Section 1.2.9/11 respectively).

9 The proposed change to Section 2 of current Procedure provide greater clarity regarding various considerations that apply with directors and Group companies. These changes include clarifying that directors are not to be a director on more than one ‘operationally active’ CCO (although there may be transitional periods where a director moves from one CCO to another and remains a director at a CCO until a replacement director is appointed).

10 As a reminder, Section 3.1 allows for deviations from items in the Procedure.

NEXT STEPS

11 Council officers will update the Procedure for the approved amendments. If approved, the Council has the option of approving the changes or not. As detailed in the report, the key changes are in relation to how the term of appointment is calculated.

Signatories

Author:	Dave Tombs - General Manager Finance and Commercial
Authoriser:	Sue Bidrose - Chief Executive Officer

Attachments

	Title	Page
⇩a	Proposed Procedure for Appointment and Remuneration of Directors of DCHL - tracked changes version	95
⇩b	Procedure for appointment and remuneration of Directors of Dunedin City Holdings Ltd	105

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This proposal relates to providing a regulatory function and it is considered comprehensive and practical.

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☐	☐	☒
Economic Development Strategy	☐	☐	☒
Environment Strategy	☐	☐	☒
Arts and Culture Strategy	☐	☐	☒
3 Waters Strategy	☐	☐	☒
Spatial Plan	☐	☐	☒
Integrated Transport Strategy	☐	☐	☒
Parks and Recreation Strategy	☐	☐	☒
Other strategic projects/policies/plans	☒	☐	☒

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

There are no known long-term sustainability implications.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no known LTP, Annual Plan, service levels or performance measure implications.

Financial considerations

There are no known financial implications.

Significance

This matter is considered Low in terms of Council’s Significance and Engagement Policy.

Engagement – external

The proposed Procedure has been discussed with the General Manager of Dunedin City Holdings Ltd.

Engagement - internal

No internal engagement was deemed necessary when considering these changes.

Risks: Legal / Health and Safety etc.

Reputational and Operating risks exist with having an outdated and/or ineffective Procedure.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

There are no known implications for Community Boards.

Council

30 July 2019

DCC Clean Car Standard and Clean Car Discount Submission

Department: Corporate Policy

EXECUTIVE SUMMARY

1 This report seeks approval of a draft submission (Attachment A) to the Ministry of Transport on the implementation of the Clean Car Standard and Clean Car Discount policies as proposed by the Ministry of Transport’s consultation document (Attachment B).

RECOMMENDATIONS

That the Council:

a) Approves the draft Dunedin City Council submission to the Ministry of Transport on the Clean Car Standard and Clean Car Discount policies.

BACKGROUND

1 The Ministry of Transport proposes a new Clean Car Standard and a Clean Car Discount to reduce transport sector emissions. This follows the Interim Climate Change Committee’s recommendation to the Government to prioritise the reduction of emissions in the transport sector. Overall, both policies seek to promote the uptake of fuel efficient and electric vehicles.

2 Once implemented, the Clean Car Standard will reduce emissions by requiring light vehicle suppliers to lower the average CO₂emissions of the vehicles they are importing into New Zealand. It will introduce CO2 targets in line with future carbon budgets as they are set.

3 The Clean Car Discount, a “feebate” scheme for suppliers, will incentivise the purchase of low emissions vehicles that come under the CO₂targets and penalize suppliers where the CO₂exceeds targets. Fees and rebate amounts are calculated on a gram of CO₂ per kilometre basis (gCO₂/km) averaged across the whole of a supplier’s fleet.

4 The proposal will not apply to the re-sale of already existing vehicles in New Zealand or motorcycles, vehicles designed for solely military operations or non-road registered vehicles such as farm tractors.

5 Submissions close on 20 August 2019.

DISCUSSION

6 The DCC submission is supportive of the Clean Car Standard and Clean Car Discount policies. The submission sets out the strategic alignment with the DCC and the positive implications for Dunedin residents. It also highlights the work Dunedin has already accomplished for electric vehicle use and uptake.

OPTIONS

Option One (Recommended Option) – Submit on the Clean Car Standard and Clean Car Discount consultation

7 Approve the DCC submission on the proposed Clean Car Standard and Clean Car Discount, with any suggested amendments, to the Ministry of Transport.

Advantages

· Enables the DCC to contribute at a national level towards the uptake of electric vehicles in line with DCC’s renewed commitment to be zero carbon by 2030.

Disadvantages

· There are no identified disadvantages for this option.

Option Two – Do not submit on the Clean Car Standard and Clean Car Discount consultation

8 Do not submit a DCC submission on the Clean Car Standard and Clean Car Discount consultation.

Advantages

· There are no identified advantages for this option.

Disadvantages

· Missed opportunity to engage in conversation with the Government on the reduction of transport sector emissions in Dunedin’s emissions profile and in light of the zero carbon 2030 commitment.

NEXT STEPS

9 If the Council approves the draft submission it will be sent to the Ministry of Transport for consideration by 20 August 2019.

Signatories

Author:

Willie Rasburn - Assistant Policy Advisor

Authoriser:

Sean Jacobs - Senior Policy Analyst

Nicola Pinfold - Group Manager Community and Planning

Sandy Graham - General Manager City Services

Attachments

	Title	Page
⇩a	Ministry of Transport - Moving the light vehicle fleet to low-emissions: Discussion paper on a Clean Car Standard and Clean Car Discount	118
⇩b	Clean Car Standard and Discount Submission DCC	163

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision enables democratic local decision making and action by, and on behalf of communities.

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☒	☐	☐
Economic Development Strategy	☐	☐	☒
Environment Strategy	☒	☐	☐
Arts and Culture Strategy	☐	☐	☒
3 Waters Strategy	☐	☐	☒
Spatial Plan	☐	☐	☒
Integrated Transport Strategy	☒	☐	☐
Parks and Recreation Strategy	☐	☐	☒
Other strategic projects/policies/plans	☒	☐	☐

The submission has been developed in line with the goals and objectives of the strategic framework, in particular, the objectives of the Integrated Transport Strategy, the Economic Development Strategy, and the Environment Strategy.

Māori Impact Statement

There are no known impacts for tangata whenua.

Sustainability

There are no known specific impacts for sustainability resulting from a decision to approve the draft DCC submission. The draft submission notes the significant potential for nationwide carbon reductions from a Clean Car Standard.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no known impacts for current levels of service and/or performance measures resulting from a decision to approve the draft DCC submission.

Financial considerations

There are no financial impacts of the decision to approve the draft DCC submission.

Significance

This decision has been assessed under the Council’s Significance and Engagement Policy as being of low significance.

Engagement – external

There was no external engagement.

Engagement - internal

Staff from Corporate Policy, Enterprise Dunedin and Transport Strategy have contributed to the development of this submission.

Risks: Legal / Health and Safety etc.

There are no known risks.

Conflict of Interest

There are no known conflicts of interest.

Community Boards

The DCC submission may be of interest to Community Boards.

Mayor	Mayor Dave Cull
Deputy Mayor	Cr Chris Staynes
Members	Cr David Benson-Pope	Cr Rachel Elder
	Cr Christine Garey	Cr Doug Hall
	Cr Aaron Hawkins	Cr Marie Laufiso
	Cr Mike Lord	Cr Damian Newell
	Cr Jim O'Malley	Cr Conrad Stedman
	Cr Lee Vandervis	Cr Andrew Whiley
	Cr Kate Wilson

General subject of the matter to be considered	Reasons for passing this resolution in relation to each matter	Ground(s) under section 48(1) for the passing of this resolution	Reason for Confidentiality
C1 Confirmation of the Confidential Minutes of Extraordinary Council meeting - 11 June 2019 - Public Excluded	S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.	.
C2 Confirmation of the Confidential Minutes of Ordinary Council meeting - 25 June 2019 - Public Excluded	S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person. S7(2)(b)(ii) The withholding of the information is necessary 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. S7(2)(i) The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).S7(2)(h) The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.	.
C3 Appointment - external organisation	S7(2)(a) The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

	Title	Page
⇨a	Minutes of Extraordinary Council meeting held on 11 June 2019 (Under Separate Cover)