CA IRNS REGIONA L COUNC IL - cairns.qld.gov.au · N Balli ni Seni or Coordi nator Fi nan cial...

i

Minutes – Ordinary Meeting 15 December 2010 #3008041

CAIRNS REGIONAL COUNCIL

ORDINARY MEETING

15 DECEMBER 2010

10:00 A.M.

PRESENT: Cr V Schier (Chairperson) Cr A Blake Cr S Bonneau Cr M Cochrane Cr L Cooper Cr D Forsyth Cr P Gregory Cr N Lanskey Cr K Lesina Cr J Leu Cr R Pyne

OFFICERS:

L Russell Chief Executive Officer R McKim General Manager Infrastructure Services L Phipps A/General Manager Planning & Environment B Gardiner General Manager Water & Waste I Lowth General Manager Community, Sport & Cultural Services L Kirchner Manager Governance G Warner A/Manager Development Assessment R Leeds Executive Advisor to the Mayor B Finegan Manager Project Services P Boyd Manager Planning Strategies S Tyter Manager Infrastructure Management F Wilson Manager Economic Development L Cardew Manager Cairns Cultural Precinct Project C Stager Research & Engagement Coordinator A Kelly Public Relations / Media Specialist J Brozek Manager Financial Services N Ballini Senior Coordinator Financial Accounting J Cristaldi Systems Accountant S Godkin Minute Secretary

2


PURPOSE OF MEETING

To consider the matters listed on the agenda.

FORSYTH / BLAKE

That the Minutes of the Ordinary Meeting held on Wednesday, 8 December 2010 be confirmed.

carried

WITHDRAWN BY APPLICANT

WITHDRAWN BY APPLICANT

BONNEAU / BLAKE

That Council approves the request for Prescribed Tidal Works over land described as Lot 43 on RP737260, located at 43 Riverside Parade Trinity Park, subject to the following:

3


APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expressions means:

Drawing or Document Reference Date Locality Plan 2K10168 DWD S00 October 2010 Site Plan 2K10168 DWD S01 October 2010 Elevations 2K10168 DWD S03 October 2010

ASSESSMENT MANAGER CONDITIONS

1. Carry out the approved development generally in accordance with the approved drawing(s) and/or document(s) and in accordance with:

a. The specifications, facts and circumstances as set out in the application submitted to Council;

b. The following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual.

Except where modified by these conditions of approval.

Timing of Effect

2. The conditions of the Development Permit must be effected prior to Commencement of Use, except where specified otherwise in these conditions of approval.

Construction

3. The applicants/owners must construct the pontoon, piles and catwalk in accordance with the recommendations contained in the ‘Structural Design Advice’ in the report prepared by Cardno Ullman and Nolan (their reference B790005008 (102) (Council reference 2387216).

Debris

4. The applicants/owners must remove any material deposited outside the alignment of the works shown on the approved plans, or any debris that falls or is deposited on tidal lands or into tidal waters during construction of the works.

4


Certification

5. The applicants/owners must, within three (3) months of the date of practical completion of the works, submit to Council a letter from a Registered Professional Engineer of Queensland certifying that:

a. The works (including any other associated works) have been constructed in accordance with the approved drawings and these conditions; and

b. The works:

i. Are structurally adequate for anticipated usage; and

ii. Comply with all relevant codes including the Department of Environment and Resource Management (former Environmental Protection Agency) operational policy, Building and Engineering standards for Tidal Works; and

c. The bed and banks of the waterway are clear of all debris for a distance of 15 metres around the site of the works.

Construction of the Works

6. The applicants/owners must:

a. Ensure that construction of the works is carried out only by means of suitable plant and equipment and that measures are taken to limit turbidity in tidal waters as a result of the construction; and

b. Ensure that disturbance to the bed and banks of the waterway is kept to a minimum; and

c. Take all appropriate measures to minimise pollution of tidal waters as a result of silt runoff and discharge of other contaminants such as fuel, oil, and hydraulic fluid to the waterway during construction of the works; and

d. Ensure acid sulphate soils are managed so that contaminants are not directly or indirectly released as a result of the construction activity to any waters or the bed and banks of any waters; and

e. At their own expense restore the bank to its former condition and take such other action as is necessary to ensure stability of the bank, if as a result of carrying out the works or any other cause attributable to the owners/applicants, any bank is displaced or affected by erosion.

5


Finished Surface

7. The applicants/owners must ensure that the gangway and the pontoon are finished with a nonslip surface.

Construction Materials

8. The applicants/owners must ensure that the pontoon, gangway and piles are constructed from materials that have long life in marine environments.

CONCURRENCE AGENCY CONDITIONS & REQUIREMENTS

Concurrency Agency Concurrence Agency Reference

Date Council Electronic Reference

Maritime Safety Queensland

Not Listed 03/12/10 #3002875

Refer to Appendix 2: Concurrence Agency Requirements. (Please note that these conditions / requirements may be superseded by subsequent negotiations with the relevant referral agencies).

ADVICE

1. This approval, granted under the provisions of the Sustainable Planning Act 2009, shall lapse two (2) years from the day the approval takes effect in accordance with the provisions of Section 339 of the Sustainable Planning Act 2009. If construction is not substantially completed within two (2) years, the owner/applicant will need to obtain additional comment from the Regional Harbour Master.

2. All building site managers must take all action necessary to ensure building materials and / or machinery on construction sites are secured immediately following the first cyclone watch and that relevant emergency telephone contacts are provided to Council Officers, prior to commencement of works.

3. This approval does not negate the requirement for compliance with all other relevant Local Laws and other statutory requirements.

4. For information relating to the Sustainable Planning Act 2009 log on to www.dip.qld.gov.au. To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

carried

6


BLAKE / LESINA

1. That Council advise the applicant that it supports in principle the lodgement of an application for a mix of 1, 2 & 3 bedroom Multiple Dwellings at 711 Chester Court (Lot 7 RP860995) and the provision of 104 car parking spaces for the proposed redevelopment of 97 units of various sizes, subject to the provision of a detailed traffic and parking report that addresses but not be limited to;

a. an analysis of existing traffic and parking provisions within Chester Court;

b. an analysis of the parking provisions of all existing land use that rely on Chester Court for access;

c. an analysis of existing pedestrian and cycling in the locality in terms of capacity and construction and the need for any subsequent upgrading due to demands arising from this proposal;

d. consideration of alternative ways of increasing on site parking provisions;

e. an analysis of pedestrian access to the Raintrees Shopping Centre;

f. an analysis of access to public transport and locations for accessing public transport.

. 2. That Council also advise the applicant that it supports in principle the

staging of the proposed redevelopment and associated car parking whereby part of the development will continue to operate as a resort while part will be converted to permanent accommodation.

3. That Council also advise the applicant that a detailed assessment will be undertaken at the time of lodgement of the application for Multiple Dwellings.

7


4. This prelodgement response is provided on a “without prejudice” basis based on information provided with the prelodgement enquiry from Victor Feros Town Planning consultants dated 2 nd December 2010 .

carried with Councillors Pyne and Lanskey voting against the motion.

BLAKE / BONNEAU

That Council approves the development application for Undefined Use (Storage, Office & Training Facility) over land described as Lot 197 on RP748699 and Lot 2 on RP867128, located at 197L Lomond Street, Smithfield, subject to the following:


Drawing or Document Reference Date Elevations 10058 SK2/4 Prepared by

Marshall Design April 2010

Site Plan 10058 SK4/1 Prepared by Marshall Design

September 2010

Floor Plan Mezzanine 10058 SK2/4 (Notated by Council)

December 2010

Floor Plan Ground 10058 SK3/4 (Notated by Council)

December 2010


1. Carry out the approved development generally in accordance with the approved drawing(s) and/or document(s), and in accordance with:

a. The specifications, facts and circumstances as set out in the application submitted to Council;


Except where modified by these conditions of approval

8


Timing of Effect


Water Supply and Sewerage Works Internal

3. Undertake the following water supply and sewerage works internal to the subject land:

a. The Lease area must be serviced by a single internal water and sewerage connection made clear of any buildings or structures.

The above works must be designed and constructed in accordance with the FNQROC Development Manual.

All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior to Commencement of Use.

Inspection of Sewers

4. CCTV inspections of sewers must be undertaken both prior to commencement of works on site and at works completion. An assessment of the CCTV records must be undertaken by the developer’s consultant and a report along with the footage submitted to Council for approval. Defects must be rectified to the satisfaction of the Chief Executive Officer at no cost to Council prior to Commencement of Use.

Damage to Infrastructure

5. In the event that any part of Council’s existing sewer/water infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must notify Water & Waste immediately of the affected infrastructure and have it repaired or replaced by Water & Waste, at the developer’s cost, prior to the Commencement of Use.

Water Saving

6. All toilet devices in the development must be fitted with dual flush cisterns and showers and hand basins in the development must be fitted with flow control valves or similar water control devices to generally restrict flow to 9 litres of water per minute.

9


Refuse Storage

7. Refuse storage is required to service the site in accordance with Council requirements. Brochures on these requirements – ‘Requirements for Refuse Storage’ are available from CRC Water & Waste.

AirConditioning Screens

8. Airconditioning units located above ground level and visible from external properties and the street must be screened with appropriate materials to improve the appearance of the building. Such screening must be completed prior to the Commencement of Use.

Developer Contributions

9. Pay a monetary contribution to Council in accordance with the Planning Scheme Policy towards the provision of water supply, sewerage infrastructure, traffic management and road upgrading, stormwater drainage services, stormwater quality and community purpose infrastructure.

Contributions must be paid at the rates applicable at time of payment. Payment is required prior to Commencement of Use.

The development is subject to Council's Resolution of 12 May 2010 in regard to a 'NIL' Transport Supply Demand, and therefore, the traffic charges shall be set at Nil until the 30 June 2012 unless specifically extended by Council prior to this date.

From 1 July 2012, unless the 'NIL' Transport Supply Demand provision has been specifically extended by Council, Road Network Contributions will be payable at the rates applicable at the time of payment, and the Transport Supply Demand for same will be calculated in accordance with the Trunk Infrastructure Charges Policy or such other Infrastructure Charging Policy as may be in force and applicable to the development at the time of payment.

Vehicle Parking

10. The amount of vehicle parking must be a minimum of eleven (11) spaces. The car parking layout must comply with the Australian Standard AS2890.1 2004 Parking Facilities – offstreet car parking and be constructed in accordance with Austroads and good engineering design. In addition, all parking, driveway and vehicular manoeuvering areas must be imperviously sealed, drained and line marked.

10


11. The applicant is to demonstrate that on site manoeuvring is able to be achieved using vehicles known to be utilizing the site (i.e.. B99 vehicle and an 8m articulated trailer (ORB), including a 300mm offset from the extremities of the vessel.) Details of the above must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works.

Protection of Landscaped Areas from Parking

12. Landscaped areas adjoining the parking area must be protected by a 150 mm high vertical concrete kerb or similar obstruction. The kerb must be set back from the garden edge sufficiently to prevent vehicular encroachment and damage to plants by vehicles.

Bicycle Parking

13. Provide secured, onsite bicycle parking in accordance with Table 101 of AUSTROADS Guide to Traffic Engineering Practice Part 14 – Bicycles. The bicycle parking area must be constructed prior to Commencement of Use.

Lighting

14. All lighting installed upon the premises including car parking areas must be certified by Ergon Energy (or such other suitably qualified person). The vertical illumination at a distance of 1.5 metres outside the boundary of the subject land must not exceed eight (8) lux measured at any level upwards from ground level.

External Works

15. Undertake the following works external to the land at no cost to Council:

a. Provision of a concrete crossover and apron in accordance with FNQROC Development Manual Standard Drawing 1015;

b. Repair any damage to existing kerb and channel, footway or roadway (including removal of concrete slurry from footways, roads, kerb and channel and stormwater gullies and drain lines) that may occur during and works carried out in association with the construction of the approved development.

The external works outlined above require approval from Council in accordance with Local Law 22 – (Activities on Roads). Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use.

11


Stockpiling and Transportation of Fill Material

16. Soil used for filling or spoil from the excavation is not to be stockpiled in locations that can be viewed from adjoining premises or a road frontage for any longer than one (1) month from the commencement of works.

Transportation of fill or spoil to and from the site must not occur within:

a. peak traffic times; b. before 7:00 am or after 6:00 pm Monday to Friday; c. before 7:00 am or after 1:00 pm Saturdays; or d. on Sundays or Public Holidays.

17. Dust emissions or other air pollutants, including odours, must not extend beyond the boundary of the site and cause a nuisance to surrounding properties.

Storage of Machinery and Plant

18. The storage of any machinery, material and vehicles must not cause a nuisance to surrounding properties, to the satisfaction of the Chief Executive Officer.

Landscaping Plan

19. The site must be landscaped in accordance with details included on a Landscaping Plan. The Landscaping Plan must show:

a. Retention of all existing landscaping/ vegetation within the site.

b. Deep, dense planting within the area identified as “landscaping” at the rear of the building with species which will grow to screen views of the building from adjoining residential properties.

c. Planting within the eastern boundary setback area with species which will screen the building from view from outside the lease area.

d. Dense landscaping within the front boundary setback area to improve the visual appearance of the development from the road frontage.

e. Inclusion of any other relevant conditions included in this Development Permit. A copy of this Development Approval must be given to the applicant’s Landscape Architect/Designer.

12


Two (2) A1 copies and one (1) A3 copy of the landscape plan must be endorsed by the Chief Executive Officer. The approval and completion of all landscaping works must be undertaken in accordance with the endorsed plan prior to the issue of a Certificate of Classification or Commencement of Use whichever occurs. Landscaped areas must be maintained at all times to the satisfaction of the Chief Executive Officer.

Vegetation Clearing

20. Existing vegetation on the subject land must be retained in all areas. Any further clearing requires an Operational Works Approval.

Vegetation to be retained is to be identified and adequately fenced off for protection purposes prior to construction work commencing on the site.

Parkland Protection

21. Any common boundaries with Council parkland or drainage reserves must be temporarily delineated and fenced off to restrict building access for the duration of construction activity.

Lawful Point of Discharge

22. All stormwater from the property must be directed to a lawful point of discharge such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Sediment and Erosion Control

23. Soil and water management measures must be installed / implemented prior to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and the FNQROC Development Manual).

Details of Development Signage

24. The development must provide clear and legible signage incorporating the street number for the benefit of the public.

Advertising Signage

25. Signs on the subject land must conform with Council's Local Law No 28 (Control of Advertising), to the requirements and satisfaction of the Chief Executive Officer.

13


Construction Signage

26 Prior to the commencement of any construction works associated with the development, a sign detailing the project team must be placed on the road frontage of the site and must be located in a prominent position. The sign must detail the relevant project coordinator for the works being undertaken on the site, and must list the following parties (where relevant) including telephone contacts:

a. Developer; b Project Coordinator; c. Architect / Building Designer; d. Builder; e. Civil Engineer; f. Civil Contractor; g. Landscape Architect

Crime Prevention Through Environmental Design

27. All lighting and landscaping requirements are to comply with Council’s General Policy Crime Prevention Through Environmental Design (CPTED).

Generators

28. All power generation devices are to be positioned and housed (including noise attenuation material) so as to mitigate noise nuisance to adjoining and nearby residents.

Mechanical Repairs

29. This development approval does not permit the use of the site for motor vehicle repairs.

Noise

30. At all times noise levels emanating from the site (including, but not limited to, noise generated by refuse / delivery vehicles , air conditioning, refrigeration units, mechanical exhaust systems) must not exceed normal ambient background noise levels commensurate with a residential area.

Air conditioning, refrigeration units, mechanical exhaust systems, must be designed and installed in a way that will minimise the potential of such equipment causing a noise nuisance under the Environmental Protection Act 1994 (Part 3B – Offences relating to noise standards).

14


Operating hours

31. The hours of operation are limited to the following: Monday to Saturday 7:00 a.m. – 8:30 p.m. Sunday & public holidays 7:00 a.m. – 7:00 p.m. Unless otherwise approved by the Chief Executive Officer.

ADVICE

1. This approval, granted under the provisions of the Sustainable Planning Act 2009, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 363 of the Sustainable Planning Act 2009 Sustainable Planning Act 2009.



4. Headwork contribution calculations are attached as Appendix 3. Please note that the contributions must be paid at the rates applicable at the time of payment. Updated calculations must be requested prior to payment.

5. For information relating to the Sustainable Planning Act 2009 log on to www.dip.qld.gov.au. To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

carried with Councillors Cochrane and Pyne voting against the motion.

FORSYTH / COOPER

That Council approve the request for a Change to an Existing Approval for Multi Unit Housing Shopping Facilities and Business Facilities over land described as Lot 9 on C198172, Lot 13 on C198226, Lots 1 & 2 on RP729450, located at 100104 Pease Street, 153157 Mayers Street Manoora, subject to the following:

15



Drawing or Document Reference Date Site Plan & Elevation JB Design 07073 – 01B Dec 07

First Floor Plan and Section JB Design 07073 – 02B Dec 07 Typical Floor Plan & Elevation JB Design 07073 – 03B Dec 07 Site Plan JB Design 07073 – 01B February 10 Ground Floor Plan – Building A JB Design 07073 – 02B February 10 First Floor Plan – Building A JB Design 07073 – 03B February 10 Ground Floor Plan – Building B JB Design 07073 – 05B February 10 Building A Elevations (Halligan and Pease Street)

JB Design 07073 – 08B February 10

Building A Elevations (East and South Elevations)


Building B Elevations (South, East, West and Halligan Street Elevations)



1. The applicant/owner must at all times during development of the subject land carry out the development and construction of any building thereon and conduct the approved use(s) generally in accordance with:

a. The plans, specifications, facts and circumstances as set out in the application submitted to Council;

b. To ensure that the development complies in all respects with the following conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual; and


Timing of Effect


Water Supply and Wastewater Contributions

3. The applicant/owner must contribute in accordance with Council’s Trunk Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards the provisions of water supply and sewerage headworks.

16


The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total headworks contributions are $67,765.82 (15.76 ERAs) for water, and $67,829.22 (19.56 EDCs) for wastewater.

Payment is required prior to the Commencement of Use or the approval and dating of the Building Format Plan, whichever occurs first.

Community Purpose Infrastructure Contributions

4. The applicant/owner must contribute in accordance with Council’s Trunk Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards the provision of Community Purpose Infrastructure.

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total contributions are $75,301.60 (94.6 EPs) for Community Purpose Infrastructure.


Road Network Contributions

5. The applicant/owner must contribute in accordance with Council’s Trunk Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards Traffic Management and Road Upgrading Programs.

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total contributions are $119,158.92 (23.00 ERA).


Stormwater Quality

6. The applicant/owner must contribute in accordance with Council’s Trunk Infrastructure Contributions Policy provided for as per Section 5.1.4 of the Integrated Planning Act 1997 towards the improvement of Stormwater Quality.

The contributions must be paid at the rates applicable at the time of payment. On the present method of calculation, the estimated total contributions are $2,982.79 for Stormwater Quality.

17



Public Art Contribution

7. Pay a monetary contribution to Council in accordance with Council’s General Policy – Public Art towards the provision of Public Art within the community.

Contributions must be paid at the rates applicable at time of payment. On the present method of calculation, estimated total contributions are:

a. $4,200.00 – (Multi Unit component) b. $432.00 (Commercial component)

Payment is required prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Water Supply and Wastewater

8. The applicant/owner must undertake the following water supply and sewerage works internal to the subject land, in particular:

a. Site the proposed buildings such that the sewer is a minimum of 1.5 metres away from the buildings and clear of the zone of influence from the footings and foundations of any building/structure;

b. The development must be serviced by a single internal water service and sewer Property Connection Branch (PCB).

c. The sewer Property Connection Branch (PCB) must be located clear of all buildings, structures and driveways. Existing sewer PCB’s not retained must be decommissioned.

d. If any existing sewer Property Connection Branch (PCB) is required to be retained but is inadequately sized to service the development, it must be upgraded. Existing sewer PCB’s not retained must be decommissioned.

e. A 6.0m easement, in favour of Council, must be provided centrally over the existing sewer that traverses the development site in accordance with the FNQROC Development Manual.

f. Provide a 100mm diameter water main in Halligan Street that joins to the existing 100 AC mains in Pease Street and Mayers Street.

g. If proposed units are to be provided with separate titles then water supply submetering must be designed and installed in accordance with The Plumbing and Drainage Act 2002 and the Water Act 2000.

18


All works must be designed and constructed in accordance with the FNQROC Development Manual and other relevant Regulations.

Easements must be registered prior to commencement of use or approval and dating of the Building Unit Plan whichever occurs first.

All works must be carried out in accordance with the approved plans, to the requirements and satisfaction of the Chief Executive Officer prior to commencement of use.

9. No works shall be carried out on or connections made to existing water supply or sewerage infrastructure without the prior written approval of Cairns Water.

10. In the event that any part of Council’s existing sewer/water infrastructure is damaged as a result of construction activities occurring on the site, including but not limited to, mobilisation of heavy earthmoving equipment, stripping and grubbing, the applicant/owner must notify Cairns Water immediately of the affected infrastructure and have it repaired or replaced by Cairns Water, at the developers cost, prior to the commencement of use.

11. The applicant/owner must carry out CCTV inspections of all Council owned sewers on site both prior to the commencement of construction and after project completion. Council must assess the condition of the sewers as shown on the CCTV records and any identified defects are to be rectified at the applicant/owner's expense, to the satisfaction of the Chief Executive Officer, prior to commencement of use.

Refuse Storage

12. The refuse bin enclosure must be roofed and bunded and fitted with a bucket trap.

Vehicle Wash Bay

13. The vehicle wash bay must be roofed and bunded and wastewater discharged through a 550 litre triple interceptor to sewer or as otherwise agreed by the Chief Executive Officer.

Parking

14. The parking layout must comply with Australian Standard AS2890.1 2004 Parking Facilities off street car parking, in particular, but not limited to:

a. Parking spaces adjacent columns and walls must have a minimum unobstructed clear width as determined by AS2890.1;

19


b. Where pedestrian access is located between a parking space and an obstruction, a minimum clear trafficable width of three (3) metres must be provided;

c. Provision of wheel stops where parking areas face buildings;

d. The driveway serving the parking area must include a physical means of speed control at the exit point;

e. Provision of signage indicating location of parking for Business/Shopping facilities; and

f. Provision of bicycle parking;

Where the proposal does not yet meet the above requirements amended plans addressing the above matters must be submitted to and be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Parking Construction

15. The parking must be constructed in accordance with the FNQROC Development Manual specifications prior to Commencement of Use and must be maintained at all times, both to the requirements and satisfaction of the Chief Executive Officer. In particular, all parking, driveway and vehicular maneuvering areas must be imperviously sealed, drained and line marked.

Protection of Landscaped Areas from Parking

16. The landscaped areas adjoining the parking area must be protected from vehicular encroachment by a 150mm high vertical concrete kerb or similar obstruction and must be submitted and approved by the Chief Executive Officer prior to the issue of a Development Permit for Building Work.

Bicycle Parking

17. Provide secured, onsite bicycle parking in accordance with Table 101 of AUSTROADS Guide to Traffic Engineering Practice Part 14 Bicycles. Based on the provisions in Table 101 (page 133) the minimum number of parking spaces required for the Business / Shopping Facilities part of the development is 3 spaces. The bicycle parking area must be constructed prior to Commencement of Use or approval and dating of the Building Unit Plan whichever occurs first.

20


End of Trip facilities

18. Provide secure male and female shower and locker facilities for the Shopping / Business component at ground level near bicycle parking area. Such facility should be capable of joint use between the ground and upper level Business Facilities as set out in the AUSTROADS Guide to Traffic Engineering Practice Part 14 Bicycles

External Works

19. Undertake the following works external to the subject land at no cost to Council:

a. Construct a 2.0 metre wide concrete footpath to all Street frontages;

b. Repair any damage to existing kerb and channel, footway or roadway (including removal of concrete slurry from footways, roads, kerb and channel and stormwater gullies and drain lines that may occur during and works carried out in association with the construction of the approved development);

c. Upgrade Halligan Street to an Access Street Standard, inclusive of all infrastructure required to service the development, in accordance with Council’s FNQROC Development Manual, for the full length of the road fronting the site, the upgrade is to include but not be limited to; lighting, line marking, car park line marking (both sides), stormwater and sewer infrastructure, bitumen widening, including kerb and channelling (new kerb and channelling to include drainage calculations to show flow directions and volumes);

d. Upgrade Mayers Street to an Access Street Standard, inclusive of all infrastructure required to service the development, in accordance with Council’s FNQROC Development Manual, for the full length of the road fronting the site, the upgrade is to include but not be limited to; lighting, line marking, car park line marking, stormwater and sewer infrastructure, bitumen widening, including kerb and channelling (new kerb and channelling to include drainage calculations to show flow directions and volumes);

e. Provision of concrete crossovers and aprons in accordance with CCC Drawing S1015 from the FNQROC Development Manual;

f. Remove existing redundant cross overs on Pease Street frontage and replace with kerb and channel, replace/repair adjoining verge ;

g. Remove Ergon Energy Pole located on Pease street frontage (through the power line under grounding process);

21


h. Arrange under grounding of all electricity and lighting cables to the subject lands frontage;

i. Line mark Pease Street between roundabout (Pease/ Anderson Street) to the Raised traffic island on Pease Street north of Halligan Street, with double unbroken line;

j. Provide line marking, signage and traffic island for left in left out traffic movements at Pease/ Halligan unction;

k. Provide “No stopping” signage and line marking along Pease Street frontage;

l. Repair relocate any existing street signage displaced as a result of the above works;

m. Provide tree/root protection for existing trees; and

n. Provide line marking and signage for controlled “Give Way” at Halligan/Mayers Street junction .

The external works outlined above require approval from Council in accordance with Local Law 22 – (Activities on Roads). Three (3) copies of a plan of the works at A1 size and one (1) copy at A3 size must be endorsed by the Chief Executive Officer prior to commencement of such works. Such work must be constructed in accordance with the endorsed plan to the satisfaction of the Chief Executive Officer prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first.

Landscaping Plan

20. The applicant/owner must landscape the subject land and street frontage in accordance with the FNQROC Development Manual and in accordance with a landscape plan endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works. In particular, the plan must show:

a. The location and species of all existing trees (on site and on adjoining roads) , with an indication as to whether each tree is to be retained or removed, and natural and finished ground levels if filling is to occur in the vicinity of any tree;

b. The retention of as many existing trees and shrubs as possible and further planting of trees and shrubs;

c. Planting of the footpath with trees, using appropriate species with regard to any site constraints;

d. The provision of shade trees;

22


e. Landscaping of all setback areas with particular consideration to screen planting species in setbacks adjacent to southern boundary;

f. The protection and retention of existing trees located within the road reserve adjacent to the property;

g. Landscaping around power supply facilities;

h. Reestablishment of Pease Street verge treatment; and

i. Inclusion of all requirements as detailed in other relevant conditions included in this Development Permit. A copy of this Development Approval must be given to the applicant’s Landscape Architect/Designer.

Two (2) A1 copies and one (1) A3 copy of the landscape plan must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Works. Areas to be landscaped must be established prior to Commencement of Use and must be maintained at all times, both to the satisfaction of the Chief Executive Officer.

Lawful Point of Discharge

21. The applicant/owner must ensure that the flow of all external stormwater from the property is directed to a lawful point of discharge such that it does not adversely affect surrounding properties or properties downstream from the development, all to the requirements and satisfaction of the Chief Executive Officer.

Sediment and Erosion Control

22. The soil and water management measures must be installed/implemented prior to discharge of water from the site, such that no external stormwater flow from the site adversely affects surrounding or downstream properties (in accordance with the requirements of the Environmental Protection Act 1994, and the FNQROC Development Manual).

Water Saving

23. All toilet devices in the development must be fitted with dual flush cisterns and showers and hand basins in the development must be fitted with flow control valves or similar water control devices to generally restrict flow to 9 litres of water per minute.

23


Lockable Storage

24. Provide each residential unit with a minimum of 2.5m2 (minimum 5m3 volume) of lockable storage space conveniently located with respect to car accommodation.

Details of Development Signage

25. Details of any permanent signage proposed in association with the development must be endorsed by the Chief Executive Officer prior to the issue of a Development Permit for Building Work. In particular the development must provide clear and legible signage incorporating the street number and distinguishing between the residential units and commercial premises .

Advertising Signage

26. Signs on the subject land must conform to Council's Local Law No. 28 (Control of Advertising), to the requirements and satisfaction of the Chief Executive Officer.

Lighting

27. All lighting installed upon the premises including car parking areas must be certified by Ergon Energy (or such other suitably qualified person). The vertical illumination at a distance of 1.5 metres outside the boundary of the subject land must not exceed eight (8) lux measured at any level upwards from ground level.

Crime Prevention through Environmental Design

28. The applicant/owner must ensure that all lighting and landscaping requirements comply with Council’s General Policy Crime Prevention through Environmental Design (CPTED).

Above Ground Transformer Cubicles/ Electrical SubStations

29. Above ground transformer cubicles and/or electrical substations are to be positioned so that they do not detract from the appearance of the adjoining streetscape. This will require cubicles/substations to be setback from the street alignment behind a screen of landscaping, or incorporated within the built form of the proposed building. Details of the electrical substation positioning must be endorsed by the Chief Executive Officer prior to the issue of Development Permit for Building Work.

24


Under Grounding of Electricity Supply

30. All electricity lines along the full frontages of the subject site are to be placed underground. Such works are to be undertaken by Ergon Energy or an Ergon Energy approved contractor at the applicant’s expense and are to be completed prior to Commencement of Use.

31. Prior to Commencement of Use, the applicant/owner must submit to Council a letter from Ergon Energy, or details of alternative arrangements for the works, stating that satisfactory works have been completed for the provision of:

a. an underground electricity supply to the development; and

b. street lighting in accordance with the requirements of the FNQROC Development Manual; and

c. locating of all above ground transformer cubicles clear of footpath areas.

Perimeter Fencing

32. Unless otherwise agreed in writing with neighbouring property owners, construct a screen fence (minimum height 1.8 metres and maximum gap of 10mm) to rear boundary of the subject land. The fencing must be consistent in terms of design and materials with other fences in the locality. The cost of any new fencing, including any required resurvey and relocation of fencing on adjoining land, is to be borne by the developer. Details of the screen fence or alternative written agreements with neighbouring property owners must be provided to, and endorsed by, the Chief executive officer in association with Council’s assessment of the Landscape Plan.

Street Fencing

33. Any proposed fences and/or walls to any road frontage are to be limited to the following:

a. 1.2 metres in height if solid; or b. 1.5 metres in height if at least 25% visually transparent; or c. 1.8 metres in height if at least 50% visually transparent; or d. Respect the location of existing street/site trees to be retained

Details of the street fencing must be endorsed by the Chief Executive Officer in association with the provision of a Landscape Plan.

25


Health

34. Noise from either air conditioning units, swimming pool filters, service equipment or other mechanical equipment must not emanate from the subject land to a degree that would, in the opinion of the Chief Executive Officer, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994, Environmental Protection (Noise) Policy 1997 and Environmental Protection Regulation 1998 (Part 2A Environmental Nuisance).

35. Swimming pool water quality must be maintained so that it meets the Queensland Health Swimming and Spa Pool Water Quality and Operational Guidelines at all times.

36. Air Conditioner Screening

Any air conditioning units located above ground level and visible from external properties and the street must be screened with appropriate materials to improve the appearance of the building.

Minimum Fill and Habitable Floor Levels: CBD and Environs Area Zone 2

37. All habitable floor levels in all buildings must be located a minimum of 150mm above the Q100 flood immunity level of 3.3 metres AHD, in accordance with FNQROC Development Manual, the CBD environs Drainage Management Plan and Planning Scheme requirements.

Note that 150mm is the minimum allowable freeboard and Council recommends a freeboard of 300mm to habitable floor levels. Council’s current records indicate existing ground levels of approximately 2.8 – 3.1 metres. Note : Residential car parking is to be Q100 immune, Commercial parking is to be Q20 immune.

The development of the site must not consume more than sixty (60) percent of the existing flood storage volume of the site and must be conducted so as not to impede or hinder the surface water flow onto or off the subject land.

Three (3) copies of a plan of works, with supporting flood storage volume calculations, must be submitted to and be endorsed by the Chief Executive Officer prior to issue of a Development Permit for Building Work.

Stockpiling and Transportation of Fill Material

38. Soil used for filling or spoil from the excavation is not to be stockpiled in locations that can be viewed from adjoining premises or a road frontage for any longer than one (1) month from the commencement of works.

26


Transportation of fill or spoil to and from the site must not occur within:

peak traffic times; or before 7am or after 6pm Monday to Friday; or before 7 am or after 1pm Saturdays; or on Sundays or Public Holidays.

39. Dust emissions or other air borne pollutants, including odours, must not extend beyond the boundary of the site and cause a nuisance to surrounding properties during construction.

Demolish Structures

40. All structures not associated with the approved development (including disused services and utilities) must be demolished and/or removed from the subject land prior to Commencement of Use or approval and dating of the Building Format Plan, whichever occurs first..

Screening of Windows

41. Screening is to be provided to windows and balconies of the second and third floors of the western residential module (Building 1) to inhibit overlooking of the neighbouring residential apartments to the south.

Acid Sulfate Soils – Basement/Pool Disturbance

42. The pool excavation proposed may result in disturbance of potential acid sulfate soils (PASS). Prior to excavation, in association with a geotechnical assessment, an acid sulfate soil investigation must be undertaken. The investigation must be performed in accordance with the latest ‘Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in Queensland’ produced by the Department of Natural Resources and Mines, and State Planning Policy 2/02 – Planning and Managing Development Involving Acid Sulfate Soils. Where it is found that PASS exist, treatment of soil must be undertaken onsite to neutralise acid, prior to disposal as fill, in accordance with the DNRM ‘Queensland Acid Sulfate Soil Technical Manual’.

Amalgamation Required

43. The applicant/owner is responsible for the reconfiguration (amalgamation) of Lot 9 on Plan C198172, Lot 13 on Plan C198226, Lots 1 & 2 on RP729450, into one lot. The Plan of Survey must be registered with the Department of Natural Resources and Mines at the applicant's/owner's cost prior to the commencement of use.

27



Concurrency Agency

Concurrence Agency Reference


Department of Main Roads

158/649/102(3345) 21 January 2008 #1641826

Department of Transport & Main Roads

158/649/102(3345) 7 October 2010 #2755194


ADVICE

1. This approval, granted under the provisions of the Integrated Planning Act 1997, shall lapse four (4) years from the day the approval takes effect in accordance with the provisions of Section 3.5.21 of the Integrated Planning Act 1997.



4. Headwork contribution calculations are attached as Appendix 3. Please note that the contributions must be paid at the rates applicable at the time of payment. Updated calculations must be requested prior to payment.

5. For information relating to the Integrated Planning Act 1997 log on to www.ipa.qld.gov.au. To access Council’s Development Manual, Local Laws and other applicable Policies log on to www.cairns.qld.gov.au.

carried

28


LESINA / PYNE

Council resolve:

1. To fix the registration fees for cats and dogs as follows:

a. Dogs: apply as per fees and charges list for 2010/2011

b. Cats: entire $35.00; desexed – free registration until 30 June 2011

2. To fix the period of registration for cats and dogs as 12 months from 1 July to 30 June the following year;

3. To approve the Registration Device to be supplied to owners upon registration of a cat or dog, being a plastic collar tag or disc with Council logo, Council name and number, animal registration expiry date and tag number.

carried with Councillor Blake voting against the motion.

FORSYTH / LEU

That Council adopts the revised Protection of the Natural Environment Policy.

carried

LESINA / BONNEAU

That Council note the report.

carried

29


BLAKE / FORSYTH

That Council note the report.

carried

BONNEAU / BLAKE

That Council advise the principle petitioner that Precinct Maintenance in the Canopy’s Edge Estate will be completed to a standard comparable to other areas within the Cairns Region.

carried

COOPER / FORSYTH

That the Financial Statements for the period ended 26 November 2010 be noted by Council.

carried

COCHRANE / BONNEAU

That Council:

1. endorses an independent professional organisation to be engaged to undertake a community satisfaction survey;

30


2. provides a copy of the survey instrument to the Mayor and Councillors with a timeframe for implementation and reporting once the consultancy has been awarded;

3. undertake the survey in February/March 2011; and

4. delegates to the Chief Executive Officer in accordance with Section 257 of the Local Government Act 2009 the authority to appoint a suitably qualified organisation.

carried

BLAKE / LANSKEY

That Council notes the travel and associated costs of Elected Members for the period 26 June 2010 to 29 October 2010.

carried

LANSKEY / COOPER

That Council delegates authority to the Mayor and Chief Executive Officer, pursuant to Section 257 of the Local Government Act 2009, to negotiate and sign a Memorandum of Understanding between James Cook University and Cairns Regional Council on establishing a collaborative partnership to the benefit of the broader Cairns Community and Tropical North Queensland.

carried

Cr Pyne and Cr Cooper left the meeting 10:46 a.m. Cr Cooper returned 10:48 a.m.

31


LEU / LESINA

That Council provides inprinciple support for the Cairns Eco Hub and Environmental Park Project.

carried

Cr Pyne returned 10:52 a.m.

LANSKEY / COCHRANE

That Council notes the status of major capital works projects being undertaken by Project Services Branch on behalf of Community, Sport & Cultural Services Department.

carried

LESINA / FORSYTH

That Council approves the request for Prescribed Tidal Works over land described as Lot 2 on PLAN6367, Lot 32 on SP109369, Lot 2 RP713047 and Lot 33 on SP109369 located at 415B419 Sheridan Street, 8 Aeroglen Drive, Captain Cook Highway 415B419 Sheridan Street, Cairns North, subject to the following:

32


APPROVED DRAWING(S) AND / OR DOCUMENT(S) The term ‘approved drawing(s) and / or document(s)’ or other similar expression means:

Drawing or Document Reference Date CBD to Aeroglen Cycleway – Section 1 From Whitfield Street to Captain Cook Highway

Drawn by Cairns Regional Council Design Services, reference 21932SK53

17 August 2010

CBD to Aeroglen Cycleway – Section 2 – From Aeroglen Drive to Airport Avenue

Drawn by Cairns Regional Council Design Services, reference 21932SK44

19 September 2010


1 Carry out the approved development generally in accordance with the approved drawing(s) and/or document(s) and generally in accordance with:

a. The specifications, facts and circumstances as set out in the application submitted to Council.



Timing of Effect



Concurrency Agency Concurrence Agency Reference


Maritime Services Queensland

710/00406 21 September 2010

2775769

Department Transport & Main Roads

214/20A/102(1651.07 )CRN305

20 October 2010

2768789

Department Employment, Economic, Training & Innovation

2010CA0453 1 November 2010

2781810

Department Environment & Resource Management

330396 6 December 2010

330396

33



FURTHER ADVICE

1. This approval, granted under the provisions of the Sustainable Planning Act 2009, shall lapse two (2) years from the day the approval takes effect in accordance with the provisions of Section 339 and Section 341 of the Sustainable Planning Act 2009.



4. For information relating to the Sustainable Planning Act 2009 log on to www.dip.qld.gov.au. To access the FNQROC Development Manual, Local Laws and other applicable policies log on to www.cairns.qld.gov.au.

carried with Councillors, Bonneau, Cochrane, Cooper and Blake voting against the motion.

LESINA / FORSYTH

That Council:

1. notes the methodology options available to undertake further community surveys in relation to the Cultural Precinct project and the indicative costs of each option detailed in the report;

2. engages Consultants who are members of the appropriate professional body; and

3. resolves to consider the utilisation of the community attitude survey to include appropriate questions on the Cairns Cultural Precinct.

carried with Councillor Cochrane voting against the motion.

34


Cr Gregory left the meeting 11:17 a.m. Cr Gregory returned 11:18 a.m.

Cr Lesina left the meeting 11:20 a.m. Cr Lesina returned 11:22 a.m.

FORSYTH / LEU

That Council endorses the Chief Executive Officers monthly report and In support of the initiatives outlined in the summary of Economic Development Activity, it is recommended that Council:

a) supports the amendment to the MOU in place between Council and the Australian Business Register to specifically enable direct business surveys and to enable businesses to be invited to business events and seminars;

b) endorses the Economic Development team’s work at a regional level to advance the development of a business case to NBNCo for early rollout of NBN and partnership with NBNCo in the region;

c) supports the allocation of up to $30,000 from the Economic Diversification Fund to support the Tropical North Queensland regional business case for NBN and Cairns regional digital economy strategies to June 30 2011;

d) endorses the involvement of the Economic Development Team in the SEQ Council of Mayors Digital Economy and Broadband Working Group;

e) endorses the establishment of a crosscouncil digital economy working group to advance and represent Council’s broad interests in this area;

f) notes that Council will receive regular reports on the development of digital economy strategies as these initiatives are progressed; and

g) endorses a change of name of the Economic Development Team to Economic Development and Innovations to reflect the focus on innovation within the delivery priorities of this function.

carried

35


BLAKE / BONNEAU

1. That Cairns Regional Council note the findings of the Local Government Remuneration Tribunal 2010 and in particular the adjustment of remuneration levels by 2.5% from 1 January 2011.

2. That Council note that the Tribunal has not recommended any changes in categorisation of Cairns Regional Council which remains as a Category 6 Council.

3. That Cairns Regional Council resolve to adopt the table as listed on page 286 of Council’s Agenda 15 December 2010, with the exception of the Mayor who has declined to accept the increase.

4. That Council note that the Tribunal has again determined that the reduced quantum of amalgamation loading with complete phase out in March 2012 stands. That Council therefore note the adjustment for the fourth round of amalgamation loading as per the Local Government Remuneration Tribunal Report.

5. That Council note that the Tribunal’s recommendation with respect to recreational and sick leave provisions for Councillors and that a further work will now be undertaken in consultation with the Local Government Association of Queensland.

6. That Chief Executive Officer be given delegated authority to finalise a revised version of General Policy – Remuneration Level, Provision of Support and Payment to Elected Representatives in accordance with Sections 259 of the Local Government Act 2009.

7. That Council publish notice of the revised policy in the Cairns Post and the Mossman Port Douglas Gazette.

carried with Councillors Leu, Forsyth, Lesina and Pyne voting against the motion.

36


LESINA / LEU

That Council endorses the priority economic development delivery program and allocation of project funding within the Economic Development budget to June 30 2011 as presented to its 15 December 2011 meeting.

carried

BLAKE / COOPER

That Council receives and notes the Annual Report 20092010 and Business Plan 20102011 for Tourism Tropical North Queensland (TTNQ) submitted in accordance with the Resource and Performance Agreement between TTNQ and Cairns Regional Council.

carried

Cr Leu advised the meeting that she is Council’s representative on the TPDD Board and did not participate in voting on the following motion.

FORSYTH / COCHRANE

That Council receives and notes the Annual Report for Tourism Port Douglas Daintree (TPDD) for 200910, submitted in accordance with the Resource and Performance Agreement between TPDD and Cairns Regional Council.

carried

37


Cr Schier advised the meeting that she is Council’s representative on the Advance Cairns Board and did not participate in voting on the following motion.

BLAKE / COCHRANE

That Council receives and notes the Business and Activity Plan 2010/2011 from Advance Cairns, submitted in accordance with the Resource and Performance Agreement between Advance Cairns and Cairns Regional Council.

carried

GENERAL BUSINESS

COCHRANE / FORSYTH

That Council undertakes a review in 2011 of the Esplanade and Port Douglas markets policy and terms of conditions, including local product and conditions of staffing of stalls, with a report back to Council.

carried with Councillor Schier voting against the motion.

COCHRANE / PYNE

That speed limits on Bramston Beach Road be reviewed due to Cassowary habitat with a report back to Council.

carried

Cr Pyne left the meeting 11:46 a.m.

38


LEU / FORSYTH

Cr Leu advised she had received advice that the ICONIC places legislation was to be phased out next year.

Resolved: a) That Council to write a letter, expressing its concern regarding the timing of the announcement and advise that Council formally endorses its previous supportive position with respect to the panel.

b) That a full report be bought to Council‘s meeting in January 2011.

carried

CLOSED SESSION

BLAKE / FORSYTH

COUNCIL RESOLVE INTO CLOSED SESSION TO DISCUSS THE FOLLOWING MATTERS AS LISTED IN THE AGENDA:

39


40


carried

Kathy Rankin from Department of Employment, Economic Development and Innovation and Jeff Gillies from Tourism Queensland were allowed to stay for the first two items of the closed session as they were members on the panel for both the Economic Diversification Fund and Tourism Development Fund. Items 14 and 15 were discussed first.

Cr Blake left the meeting 11:52 a.m. Cr Blake returned 11:55 a.m. Cr Pyne returned 12:00 p.m.

Cr Shier left the meeting 12:35 p.m. Cr Schier returned 12:36 p.m.

Cr Lesina left the meeting 12:36 p.m. Cr Lesina returned 12:38 p.m.

Cr Pyne left the meeting 12:38 p.m. Cr Pyne returned 12:44 p.m.

Cr Pyne left the meeting 12:49 p.m.

41


OUT OF CLOSED SESSION

COUNCIL RESOLVE TO MOVE OUT OF CLOSED SESSION

FORSYTH / LEU

carried

RESOLUTIONS ARISING FROM MATTERS DISCUSSED IN CLOSED SESSION.

LESINA / FORSYTH

That Council endorse recommendations by the Australia Day panel and the results of its 2011 deliberations be adopted.

carried with Councillor Gregory voting against the motion.

COOPER / BLAKE

That Council notes the financial status of the Cairns Taipans as at 30 November 2010.

carried

42


BLAKE / LANSKEY

That Council

1. enters into a Deed with the current operators under which all parties acknowledge that the Deed of Agreement to Lease over part Lot 22 on CP C198406 School of Arts Building, Lake Street expired on 31 October 2010

2. approves the issue of a Trustee Permit to Carolyn Jane Sydenham, over part Lot 22 on CP C198406, subject but not limited to the following:

• All outstanding debt associated with account 7000030 be paid in full by close of business 24 December 2010

• the term of the Trustee Permit is to be 12 months, to expire 31 December 2011

• Trustee Permit to be under the same terms and conditions as the Deed of Agreement to Lease between Council and the lessee’s which expired 31 October 2010

• if the account fall into arrears at any stage, then the Trustee Permit will be cancelled

3. delegates authority to the Mayor and Chief Executive Officer in accordance with Section 257 of the Local Government Act 2009 to determine any and all matters associated with any tenure issues; trustee permits, current and future; agreement in relation to rental arrears for the abovementioned premises; and other matters associated with the Deed of Agreement to Lease.

carried

43


Cr Leu advised the meeting that she was previously a member of the committee. Cr Leu did not participate in voting on the following motion.

GREGORY / COCHRANE

That Council :

1. terminate the Contract with Kubirri Holdings Pty Ltd in respect to the sale of Lot 1 on SP150474, Johnston Road, Mossman in accordance with Special Condition 6.2; and

2. consider a further report in early 2011, where details of available alternatives will be provided in respect to the establishment of an Aged Care Facility at Lot 1 on SP150474, Johnston Road, Mossman.

carried

COOPER / FORSYTH

That Council resolves in accordance with Section 184(f) of the Local Government (Finance, Plans & Reporting) Regulation 2010, to enter into a contract with, or under an arrangement with or made by a government entity being the purchase of prestressed concrete bridge deck and kerb units from Rocla Pty Ltd, under Department of Transport and Main Roads (DTMR) Approved Supplier Arrangements, for installation at Cascades River Bridge Refurbishment on Redlynch Intake Road, for the quoted price of $160,600 (including GST).

carried

44


GREGORY / BONNEAU

That Council purchase two Isuzu FVZ1400, 24000kg GVM, 221 KW Tandem Axle Tipper Trucks and one 12000 litre water tank from Ireland Isuzu for a total cost of $440,761.40 (incl. GST) under Local Buy Contract BUS 1980410.

carried

LESINA / BONNEAU

That Council purchase three, 4500kg GVM, and two 6500kg GVM trucks with tray bodies from Pacific Hino for a total cost of $320,493.81 (incl. GST) under Local Buy Contract BUS 1980410.

carried

GREGORY / LANSKEY

That Council:

1. Award Contract IM04 for the Condition Assessment and Revaluation of Drainage Assets, to Cardno (QLD) Pty Ltd, with a contract price of $246,769 (excl. GST).

2. Delegate authority to the Mayor and the Chief Executive Officer in accordance with Section 257 of the Local Government Act 2009 to negotiate and finalise any and all matters in relation to this contract.

carried

45


GREGORY / BLAKE

That Council:

A. provides inprinciple support for the potential purchase of Lot 1 on RP725478, located at Thomson Road, Edmonton, for a regional motor sport facility incorporating other difficult to locate sports subject to: i. agreement being reached as to a purchase price; and ii. the completion of appropriate due diligence; and iii. delegation to the Mayor and Chief Executive Officer in accordance with

section 257 of the Local Government Act 2009 to commence negotiations with the landowner in order to secure a purchase price for the property.

B. requests that Council officers prepare a further report to Council seeking direction in regard to: i. purchase price for the property; and ii. other matters related to terms, conditions, and timeframes for the

proposed purchase.

Should Lot 1 on RP725478 be unsuitable or unavailable, that Council:

C. investigates a regional motor sport precinct with the Tablelands Regional Council located in either Council area able to service both Councils; and

D. commences these investigations at a mutually agreed time with Tablelands Regional Council and no earlier than 2012.

carried

46


BLAKE / LESINA

That Council:

a) approves AFL Cairns Ltd a grant of $750,000 towards the upgrade of field lighting at Cazalys Stadium and the purchase of relocatable grandstand seating to seat 1000 people, conditioned upon the securing of the related State Government funding and,

b) enters into a Resource and Performance Agreement with Council AFL Cairns Ltd with grant payments to be made over a three year period $250,000 in 2012/13, $250,000 in 2013/14 and final payment of $250,000, in 2014/15 and,

c) Delegates authority to the Mayor and CEO in accordance with Section 257 of the Local Government Act 2009 to resolve any and all matters in finalising the above arrangements.

carried

FORSYTH / BONNEAU

That Council:

1) Resolves to note that the credits for headworks charges for H & S Vision Investments ABN 11 590 759 400 be finalised in accordance with this report.

2) Delegates authority to the Mayor and Chief Executive Officer in accordance with Section 257 of the Local Government Act 2009 to finalise negotiations.

carried

47


Cr Schier advised the meeting that she is Council’s representative on the Advance Cairns Board and she did not participate in voting on the following motion.

BLAKE / LEU

That Council:

(a) rescinds in its entirety the resolution (Clause 20) made on 29 July 2009, regarding the change in legal status of the Advance Cairns company, adoption of a new constitution for that company, and Council’s intent to become a member of that company;

(b) applies for membership of a public company limited by guarantee (“the new company”) to be incorporated, with a constitution as attached, to replace Advance Cairns Limited (ACN 098 379 572) (“the existing company”);

(c) considers that its membership of the new company will constitute an enterprise directed to benefiting, and can reasonably be expected to benefit, the whole or part of its local government area, and will therefore represent the conduct of a beneficial enterprise under section 40 of the Local Government Act 2009;

(d) nominates the Mayor as Council’s representative on the board of directors for the new company;

(e) transfers its issued shares in the existing company to the new company for no or nominal consideration when requested by the new company;

(f) notes that under the Local Government Act 2009, any investment by Council in Advance Cairns Ltd must now be identified as a capital expenditure in Council’s budget, and

(g) delegates authority to the Chief Executive Officer pursuant to Section 257 of the Local Government Act 2009 to: (i) execute an Application for Membership; (ii) execute a form of transfer of Council’s shares in the existing company

to the new company; and

48


(iii) negotiate and finalise all other matters in relation to the change from the existing company to the new company, including any amendment required to the current Resource and Performance Agreement between Council and Advance Cairns.

carried

Cr Schier advised the meeting that she is Council’s representative on the Advance Cairns Board and she did not participate in voting on the following motion.

BLAKE / LANSKEY

That Council:

a. approves in principle future financial support for Advance Cairns at a minimum level and period of funding equivalent to current funding, as specified in the 2008 – 2011 Resource and Performance Agreement between Advance Cairns Ltd and Cairns Regional Council; and

b. notes the intention to develop a new funding agreement between Cairns Regional Council and Advance Cairns, and that details of the new agreement will be reported to Council separately for consideration in advance of the 2011/2012 budget.

carried

LESINA / FORSYTH

That Council receives the recommendations of the Economic Development Fund Assessment Panel on the first round of applications to the 2010 Economic Development Fund and:

1. does not approve funding of $20,000 to support the CairnsPNG Inventive Project, but that if the applicant can satisfy requirements that the fund is not benefitting a single business or narrow collective of interests and demonstrate links with wider business activity, the application should be represented to the second round of funding in January/ February 2011;

49


2. does not approve funding of $19,800 to support the Cairns Business Monitor due to the limitations of both the application and the proposed research and lack of application to outcomes to be achieved;

3. approves funding of $19,800 to support Future Workforce Analysis research by the North Australia Research Group, with a requirement from Council that the findings of the research should include recommended strategies to address identified issues and that Council’s Economic Development team should be represented on the project reference group;

4. does not approve funding of $20,500 to support the Jonsson’s Farm Market Project, but that if the applicant can satisfy requirements that the fund is not benefiting a single business or narrow collective of interests and demonstrate links with wider business activity, and that the fund will be used to support work other than staff wages, the application should be represented to the second round of funding in January/ February 2011;

5. approves funding of $18,000 to support the Cairns Mining Industry FIFO Worker Attraction Project by Advance Cairns Ltd, on condition that the applicant provides Council with supporting information to demonstrate: how the proposed project fits with and builds upon existing strategy; how the funding applied for will fill a ‘funding gap’, in particular in relation to the Federal Government funded coordinator position within Advance Cairns; and outcomes and indicators of success;

6. approves funding of $20,000 for a Far North Queensland Innovation Hub Scoping Study by The Cairns Institute and notes the additional partnership contribution to the study through the involvement of Council’s Economic Development Team;

7. does not approve funding of $20,000 to support the Far North Queensland Industry Strengthening Framework on the basis of undemonstrated need for the study in the context of current major economic strategic planning underway in the region; and

8. endorses additional advertising and stronger information regarding eligibility criteria for the of the second round of funding in January/ February, recognising the limited number of applications received in the first round and issues with some applications against the eligibility criteria.

carried

50


Cr Leu advised the meeting that she is Council’s representative on the TPDD Board and she did not participate in voting on the following motion.

Cr Bonneau advised the meeting that he has assisted Tourism Palm Cove on a voluntary basis and he did not participate in voting on the following motion.

COOPER / FORSYTH

That Council receives the recommendations of the Tourism Development Fund Assessment Panel on the 19 applications to the 2010 Tourism Development Fund and:

1. does not approve funding of $39,500 to support the Social Network and Online Marketing Program by the Trinity Beach Promotion Association, due to the lack of matched funding demonstrated in the application and refers the Trinity Beach Promotion Association to TTNQ and Tourism Queensland to link with existing and developing social networking and online marketing campaigns;

2. does not approve funding of $50,000 to support the Murumaka project by the Karrba Foundation but refers this application and project to Council’s Community Development team in order to explore more other, appropriate funding and/ or partnership opportunities;

3. does not approve funding of $18,000 to support the Murumaka 2 project by the Karrba Foundation, but refers this application and project to Council’s Community Cultural Development teams and to Tourism Queensland in order to explore more appropriate funding and/ or partnership opportunities;

4. does not approve funding of $49,523 to support Bamanga Bubu Ngadimunko to deliver the Kuku Yalanji Dreamtime Tours and strategic sales; noting that the application is largely benefiting a single business or narrow collective of interests.

5. does not approve funding of $45,382 to support the Bird Watching in the Cairns Region project by Focus on Research, noting that this project is proposing further work in an area where research has been carried out in the past and that matching funding criteria are not met;

6. does not approve funding of $50,000 to the Showcasing Port Douglas project by The Newsport Corporation Pty Ltd, noting that the Tourism Development Fund is not intended to support a single business or narrow collective of interests;

51


7. does not approve funding of $45,250 to support the Daintree Birding Trail project by the Tourism Daintree Region, on the basis that other sources of funding are available to this project;

8. approves funding of $10,000 to support the social media/ website and viral marketing campaigns of Tourism Port Douglas Daintree;

9. approves funding of $40,000 to support the Discover Paradise Marketing Campaign by Tourism Port Douglas Daintree, noting the established quality and track record of this project;

10. does not approve funding of $22,000 to support the Tourism Palm Cove International Market Representation project;

11. approves funding of $10,000 to support Continuing the Momentum through Tourism Palm Cove, noting the benefit of this program in supporting a diversified tourism industry and in building on an established track record of quality delivery;

12. approves funding of $40,000 to support the Wedding and Romance market project by Tourism Tropical North Queensland; noting the high yield and diversification opportunities associated with this project;

13. approves funding of $30,000 to support the Tropical Breaks for South East Queensland project by Tourism Tropical North Queensland; noting extra capacity for growth in the market;

14. does not approve funding of $50,000 to support the TTNQ Social Media Development and refers this program to work with and leverage off investment in viral marketing and social media by Tourism Queensland and Tourism Australia campaigns and programs;

15. does not approve funding of $50,000 to support the TTNQ Viral Promotion project and refers this program to work with and leverage off investment in viral marketing and social media by Tourism Queensland and Tourism Australia campaigns and programs;

16. does not approve funding of $50,000 to support the TTNQ Building the Cruise Market campaign and refers this program to work with and leverage off existing investment in building the cruise market by Tourism Queensland;

17. does not approve funding of $50,000 to support the TTNQ Media Roadshow and refers this program to work with and leverage off existing investment in viral marketing and social media by Tourism Queensland and Tourism Australia campaigns and programs;

18. does not approve funding of $50,000 to the Website Innovation – Itinerary Planner by Tourism Websites Australasia Pty Ltd; and

52


19. approves funding of $20,000 to the Nature Wise – Creating Eco Volunteerism Opportunities in the Cairns Region project by the Australian Trust for Conservation Volunteers and recommends that the project establishes a regional reference group and utilises part of the funding provided to support a major TQUAL grant funding bid to AusIndustry.

carried

FORSYTH / LEU

That Council resolves:

a) to award the consultancy for the Project Assurance Framework Business Case and related services to Savills Australia for the tendered lump sum of $148,800 (ex GST) plus Quantity Surveyor’s costs for the peer review of cost estimates on the basis of hourly rates up to $8,000 (ex GST); and

b) to delegate authority to the CEO in accordance with Section 257 of the Local Government Act 2009 to finalise the details and applicable fee for Savills’ additional services in relation to the preparation of design and advisory consultants’ briefs (when the extent of services is known) and to finalise the reasonable cost of disbursements (when known) noting that disbursements will be charged at cost.

carried

COOPER / COCHRANE

That Council:

A. Provides delegation to the Mayor and Chief Executive Officer in accordance with section 257 of the Local Government Act 2009 to undertake negotiations in relation to land acquisition and disposal subject to a further report to Council in relation to: i. proposed price for the land; and ii. the financial model to be used to fund the acquisition(s); and ii. other matters related to terms, conditions, and timeframes.

53


B. Notes that a report will be presented to Council in early 2011 in relation to Strategic Land Acquisition and Disposal including funding models.

carried

BLAKE / LESINA

That Council:

i. Approves the purchase of Lot 1 on SP106970 located at 172 184 Irene Street from the Pride League Supporters Club Limited ABN 25 130 560 084 at a price of $2,500,000 (plus GST and transfer costs);

ii. Allocates funding for the purchase from within the 2010/2011 budget; iii. Delegates authority to the Mayor and Chief Executive Officer pursuant

to Section 257 of the Local Government Act 2009, to negotiate and finalise all matters relevant to the formation, conditions and administration of any contract arising from the proposal to purchase including settlement; and to negotiate and agree any variations to conditions, including time and resolve disputes (whether by legal proceedings or otherwise) about the Contract.

carried with Councillors Cooper and Gregory voting against the motion.

THE MEETING CLOSED AT 1:10 PM

CONFIRMED THIS DAY OF 2010

………………………… ………………………………………. MAYOR CHIEF EXECUTIVE OFFICER

Date post:	09-Mar-2019
Category:	Documents
Upload:	dangtuyen
View:	212 times
Download:	0 times

CA IRNS REGIONA L COUNC IL - cairns.qld.gov.au · N Balli ni Seni or Coordi nator Fi nan cial...

Documents