project launch approval and response to petition ... · beach and holloways beach project launch...

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156 Agenda – Ordinary Meeting 27 November 2019 - #6165679 ORDINARY MEETING 27 NOVEMBER 2019 9 PROJECT LAUNCH APPROVAL AND RESPONSE TO PETITION - NORTHERN BEACHES LEISURE TRAIL PATH ALIGNMENT THROUGH MACHANS BEACH AND HOLLOWAYS BEACH - PC18049-01 Bruce Gardiner | 50/2/26-01 | #6222435 RECOMMENDATION: That Council: 1) Approves the Northern Beaches Leisure Trail path alignment through Machans Beach and Holloways Beach Project Launch Approval (PLA) with an overall Project Launch Budget (PLB) of $1,167,000 and an Approved End Date (AED) of 30 January 2021. 2) Advises the lead petitioner that alternate alignments through Coconut Street and Cassia Street were investigated and the chosen alignment is the safest and most cost effective one, and that the ultimate alignment of the path through Holloways Beach will be on the beachside of the houses on Coconut Street and Cassia Street. 3) Delegates authority to the Chief Executive Officer in accordance with the Local Government Act 2009 to enter into contracts, negotiate, finalise and execute any and all matters associated with or in relation to this project subject to Council’s procurement practices and policies. EXECUTIVE SUMMARY: The objective of this project is to provide pathway connections through Machans Beach and Holloways Beach (Executive Attachment 1 and 2) to connect to the proposed Barr Creek bridge. The pathways and bridge will provide a safe and efficient pedestrian and cycling connection between the two suburbs. A bridge connection has been previously investigated by Council in 1998 and 2006, and has been included in various Strategies and Planning documents since 2004. The connection also aligns with the State Government endorsed Principle Cycling Network and forms part of the Northern Beaches Leisure Trail. There have been a number of alternate pathway alignment options investigated to provide the safest, cost effective paths and minimise potential impacts on residents and the environment. The chosen alignment in Machans Beach through Airport Services land is a temporary arrangement with the ultimate alignment from the northern end of O’Shea Esplanade along the southern bank of Barr Creek to the proposed bridge. The chosen alignment in Holloways Beach along Coconut Street and Cassia Street is also a temporary arrangement with the ultimate alignment being on the beachside of houses in Coconut Street. There has been extensive consultation on the proposed alignments of the pathways and bridge to seek feedback from the public. A petition opposing the alignment of the pathway

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Page 1: PROJECT LAUNCH APPROVAL AND RESPONSE TO PETITION ... · Beach and Holloways Beach Project Launch Approval (PLA) with an overall Project Launch Budget (PLB) of $1,167,000 and an Approved

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ORDINARY MEETING

27 NOVEMBER 2019 9

PROJECT LAUNCH APPROVAL AND RESPONSE TO PETITION - NORTHERN BEACHES LEISURE TRAIL PATH ALIGNMENT THROUGH MACHANS BEACH AND HOLLOWAYS BEACH - PC18049-01 Bruce Gardiner | 50/2/26-01 | #6222435

RECOMMENDATION: That Council: 1) Approves the Northern Beaches Leisure Trail path alignment through Machans

Beach and Holloways Beach Project Launch Approval (PLA) with an overall Project Launch Budget (PLB) of $1,167,000 and an Approved End Date (AED) of 30 January 2021.

2) Advises the lead petitioner that alternate alignments through Coconut Street and

Cassia Street were investigated and the chosen alignment is the safest and most cost effective one, and that the ultimate alignment of the path through Holloways Beach will be on the beachside of the houses on Coconut Street and Cassia Street.

3) Delegates authority to the Chief Executive Officer in accordance with the Local

Government Act 2009 to enter into contracts, negotiate, finalise and execute any and all matters associated with or in relation to this project subject to Council’s procurement practices and policies.

EXECUTIVE SUMMARY:

The objective of this project is to provide pathway connections through Machans Beach and Holloways Beach (Executive Attachment 1 and 2) to connect to the proposed Barr Creek bridge. The pathways and bridge will provide a safe and efficient pedestrian and cycling connection between the two suburbs. A bridge connection has been previously investigated by Council in 1998 and 2006, and has been included in various Strategies and Planning documents since 2004. The connection also aligns with the State Government endorsed Principle Cycling Network and forms part of the Northern Beaches Leisure Trail. There have been a number of alternate pathway alignment options investigated to provide the safest, cost effective paths and minimise potential impacts on residents and the environment. The chosen alignment in Machans Beach through Airport Services land is a temporary arrangement with the ultimate alignment from the northern end of O’Shea Esplanade along the southern bank of Barr Creek to the proposed bridge. The chosen alignment in Holloways Beach along Coconut Street and Cassia Street is also a temporary arrangement with the ultimate alignment being on the beachside of houses in Coconut Street. There has been extensive consultation on the proposed alignments of the pathways and bridge to seek feedback from the public. A petition opposing the alignment of the pathway

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through Coconut Street and Cassia Street has been received by Council. A proposed response to this petition is in included in the body of this report. Funds of $1,000,000 have been allocated for the construction of the pathways in the 2019/20 Capital Works program. There is the potential for some of these funds to be required to be transferred to the Barr Creek bridge project as outlined in the body of the report. Should this eventuate, the Holloways Beach pathways scope will be reduced accordingly to ensure the overall budget is not exceeded. If this occurs, the Holloways pathways will be built in future when funds become available.

Executive attachment 1 – Pathway alignment Machans Beach

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Executive attachment 2 – Pathway alignment Holloways Beach BACKGROUND:

The subject works for this PLA are the pedestrian and cycling paths in Machans Beach and Holloways Beach, which form part of the Northern Beaches Leisure Trail (NBLT). The NBLT is being progressively constructed to connect beach suburbs from the Cairns CBD to Palm Cove. The paths lead to the proposed Barr Creek bridge, which is the subject of a separate PLA being considered by Council in another report. Investigations into a bridge between Machans Beach and Holloways Beach were undertaken by Council in 1998 and again in 2006 but not pursued at those times. The project has been formally proposed in various Council strategies and planning documents since at least 2004, aligns with Federal and State Government strategies and policies, and aligns with the State endorsed Principle Cycling Network Plans. The connecting paths also form part of the Northern Beaches Leisure Trail, which is progressively being constructed to connect beach suburbs from the Cairns CBD to Palm Cove, and has been funded to date by both Council and the State Government. Both Machans Beach and Holloways Beach foreshores have recently been upgraded to provide pedestrian and cycling paths, together with new picnic tables, playgrounds and upgraded toilet facilities, and are seen by the public as recreational destinations.

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Once the additional connection to the south from Machans Beach to the Barron River is completed, Machans Beach and Holloways Beach residents will have alternate active transport options with predominantly off-road pedestrian and cycling connection to the Cairns CBD, Aeroglen, Stratford, Freshwater and Redlynch. The works at Machans Beach include construction of an asphalt pathway through Airport Services land, linemarking and wayfinding signage. On the Holloways Beach side, the works include:

Construction of paths Rebuilding driveway crossovers impacted by the paths New kerb and channel Linemarking Wayfinding signage Adjustments or protection of services including sewer and Telstra Potential renewal of a water main.

Construction of the Holloways Beach pathways is expected to commence prior to the end of the 2019 calendar year. Construction of the Machans Beach pathways are expected to commence after the construction of the Barr Creek bridge in mid-2020 to avoid impacts of construction activities on the pathway. COMMENT:

Path alignment options Numerous path alignment options have been considered for both suburbs. The proposed alignment in Machans Beach runs from O’Shea Esplanade down Arnold Street to Airport Services owned land. The path then traverses in a north-westerly direction through this land to the location of the proposed Barr Creek bridge. An agreement is in place for the pathway through the Airport Services land. The preferred ultimate alignment for Machans Beach is along the waterfront to the northern end of O’Shea Esplanade, then along the southern bank of Barr Creek to the proposed Barr Creek bridge. Achieving this alignment has proven problematic due to land tenure issues that may take considerable time to resolve. As a result, the chosen alignment is seen as a short to medium term option. The design and construction of this section of the path has therefore been kept to a minimum with on-road treatments and a bitumen path proposed through Airport Services land. On the Holloways Beach side, the pathway alignment traverses from the proposed bridge via a short path to an on-road section along Willow Street and Tamarind Street. The alignment is then via a concrete path on the nature strip along Coconut Street and Cassia Street to Alamanda Street. The path then winds through Raintree Park to Oleander Street and along Oleander Street towards the beach where it will meet the existing foreshore path at Hibiscus Lane. The preferred ultimate alignment is to continue along Willow Street then follow the foreshore on the beachside of houses on Coconut Street. This alignment has considerable constructability issues given the nature of the environment and subsequently considerable

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associated costs. This alignment may be considered in the future should funding become available. Consultation There has been some debate in the community about the need for the bridge and the preferred alignment. A small but vocal group has largely led this from Holloways Beach. Council has undertaken extensive consultation on both the Barr Creek bridge project and the Northern Beaches Leisure Trail path alignment through Machans Beach and Holloways Beach. This includes the following that have provided opportunity for people to participate and provide feedback on the project:

Letter / plan mailed to ratepayers and residents along the alignment Information on Council’s webpage under Major Projects NBLT Emails to stakeholder distribution list Fact sheet A4 size posters on display at community noticeboards - IGA supermarket, Strait on

the Beach Café and Council Chambers Visual Message Board in Oleander St Onsite meetings with property owners as requested Article in Council in Action in the Cairns Post Holloways Beach community market day and presentation at Machans Beach

Community Association Advice to Holloways Beach Heartbeat, Holloways Beach community garden

members and Machans Beach Community Association (article published in Machanations community newsletter)

Council Facebook posts.

Despite the significant amount of consultation there has been limited feedback provided on the project. For example, during the most recent request for feedback on the path alignments only 42 members of the public responded with the majority living in Holloways Beach (26) and Machans Beach (14). From these submissions:

19 respondents supported the proposal; 20 respondents did not support the proposal; 2 respondents supported the proposal but reported concerns; 1 respondent did not specify whether they were supportive or unsupportive.

Council has received a petition against the proposed footpath in Coconut and Cassia Streets. The petition specifically objected to the removal of 12 trees, stated that the path will encroach on right to privacy, will not allow for safe vehicle exit from properties, and that alternative on-road options were viable.

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The actual tree removal for the proposed alignment will include one Poinciana, seven coconut palms, three foxtail palms, and two frangipani trees. Constructing a footpath on the nature strip in this location is no different to footpaths on any other nature strip in suburban Cairns. An on-road solution will not provide the safest passage for vulnerable users, although pedestrians and cyclists will still be able to use the road. Trees that are removed will be replaced with more appropriate shade trees that will provide for a more pleasant and cool environment. Three alternate alignment options were considered for this section of the path being:

1. Reconstruct a concrete kerb to avoid the trees. This was eliminated because of meandering kerb lines not providing a workable or aesthetically pleasing outcome. It also created issues by removing some on-street parking in front of residences.

2. Reconstruct a concrete kerb along the entire length of the streets to avoid the trees. This option was eliminated due to budget constraints for the project. This option also created issues by removing all parking in front of residents.

3. Proposed current design with a 2m wide footpath with on-road linemarking for lanes and centre-line. This option has no impact on street parking.

It should also be noted that the chosen alignment is not the ultimate alignment for the NBLT through Holloways Beach as discussed above. Potential Reduction in Scope of Works Council is considering a separate PLA report for the Barr Creek bridge. That report identifies a potential budget shortfall for the completion of the bridge project that will addressed through the transfer of funds provided by the Department of Transport and Main Roads for the Kewarra Beach to Clifton Beach section of the NBLT. In the event that TMR does not endorse the transfer of these funds it is proposed to construct the Machans Beach pathways, reduce the scope of and Holloways Beach pathways project, and transfer the necessary budget to the Barr Creek bridge. If this occurs, the short path section from the bridge to Willow Street in Holloways Beach will be completed as a priority then additional works will be allocated depending on the remaining funds available. The balance of the proposed pathways through Holloways Beach can be constructed in future years as budgets allow. Alternatively, if the contingency for the Barr Creek bridge is not spent, allocation from this can be made to the Holloways pathways. OPTIONS:

Council has the following options: Option 1: That Council:

1) Approves the Northern Beaches Leisure Trail path alignment through Machans Beach and Holloways Beach Project Launch Approval (PLA) with and overall Project Launch Budget (PLB) of $1,167,000 and an Approved End Date (AED) of 30 January 2021.

2) Advises the lead petitioner that alternate alignments through Coconut Street and

Cassia Street were investigated and the chosen alignment is the safest and most cost effective one and that that the ultimate alignment of the path through Holloways Beach will be on the beachside of the houses on Coconut Street.

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Option 2: That Council does not approve the PLA for the Northern Beaches Leisure Trail path alignment through Machans Beach and Holloways Beach at this time and advises the lead petitioner of this. CONSIDERATIONS:

Risk Management:

There are no major risks with the construction of this project, as the paths will be constructed on either road reserve or Airport Services land for which there is an agreement in place. There is a low risk that the required approvals for the bridge may not be granted by the State agencies. Council has appeal avenues available to it through the Planning Court should this eventuate. Council Finance and the Local Economy:

The current Capex program has $1,000,000 allocated for the pathways in Machans Beach and Holloways Beach and the PLB sought is $1,167,000. As outlined in the Comments section of this report, should TMR agree to transfer funds from the Kewarra Beach section of the NBLT to Barr Creek, sufficient funds will be available to complete this project in full. In the event that TMR do not agree to transfer the Kewarra Beach section funds, the scope of the project on the Holloways Beach side will be reduced and funds will be transferred to the Barr Creek bridge project. The Holloways Beach remaining paths may be funded from either unspent contingency from the Barr Creek bridge or from future budgets and/or grants. The budget for this project and the Barr Creek project will not exceed the combined total budget for both projects unless endorsed by Council in the future. Community and Cultural Heritage:

The proposed pathways and bridge connection between Machans Beach and Holloways Beach will provide a long-term positive legacy for the Cairns community. Natural Environment:

As the pathways in both suburbs generally traverse road reserve or Airport Services Land, there are no significant environmental impacts anticipated. Corporate and Operational Plans:

This project relates to the Natural Assets and Liveability Strategic Goals including the following – Make better use of our natural resources, and Improve transport (provide sustainable transport options). Statutory:

All relevant statutory approvals will be obtained for the construction of the pathways. Policy:

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All relevant procurement policy processes will be adhered to throughout the project. CONSULTATION:

As discussed in the Comments section of this report, there has been extensive consultation on the proposed pathways and bridge project over a period of time. ATTACHMENTS:

Attachment 1 – PLA – NBLT – Machans to Holloways pathways (#6117300) Attachment 2 – Proposed pathway alignment Holloways Beach Coconut and Cassia Streets Attachment 3 – Proposed pathway alignment Machans Beach Attachment 4- Petition – (#6210451)

Bruce Gardiner General Manager Infrastructure Services

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Attachment 1 - PLA – NBLT – Machans to Holloways pathways (#6117300)

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6

Cost to Mitigate

$0

$0

$0

$0

7

Client Representative

Deliverer Representative

Project Manager

Other

9

10

Initial Budget Estimate Submission 1,000,000$      PCA 1,000,000$       PPA $974,000 PDA $1,167,655

PhaseContingency (incl. in Total)

INITIATE 9,000$                 P 100

PLAN 130,000$             P 100

DESIGN 100,000$             10,000$             P 100

DELIVERY 898,655$             90,000$             P 100

FINALISE 30,000$               5,000$               P 100

1,167,655$         105,000$         

Year 1 Year 2 Year 3 Years 4‐5 Years 6‐10 TOTAL

$1,000,000 $0 $0 $0 $0 $1,000,000

$1,000,000 $0 $0 $0 $0 $1,000,000

$0 $938,000 $229,000 $0 $0 $1,167,000

$0 $938,000 $229,000 $0 $0 $1,167,000

Previous Years 2019/20 2020/21 2020/21 TOTAL

$42,997 $957,003 $0 $0 $1,000,000

$55,584 $938,000 $186,003 $0 $1,179,587

‐$12,587 $19,003 $186,003 $0 $192,419

If yes, annual estimate

Adopted Budget

PLB

VARIATIONS IN THE ORIGINAL BUDGET  VS PLB

0

RESPONSIBLE OFFICERS

Not Started

Not Started

PROCUREMENT ARRANGEMENTS

Outline the procurement arrangements to be followed or those that have been followed for the project.  This relates only to the substantive components of 

the project.

Cairns Works will undertake the works with engagement of subcontractors and suppliers under the ROPS.

REVISED PROJECT BUDGET ESTIMATE (Outline the details for each main project phase) at Launch Approval

TotalP (Accuracy)

9,000$                                                

REVISED PROJECT BUDGET ESTIMATE (Outline the details for each main project phase) at Launch Approval

Project Phase 

Estimate / Cost

Complete

TOTAL

Ross Percival ‐ Senior Project Engineer

MINIMUM ENERGY PERFORMANCE STANDARDS FOR CAPITAL WORKS PROJECTS

Does the design and construction comply with Council’s Minimum Energy 

Performance Standards?Y

Supporting Document 

Number DM#

COUNCIL GENERATED WASTE

Will this project produce Council generated waste? (i.e. excavation, 

demolition)Y

Supporting Document 

Number DM#

8

Status

Complete

Andrew Baxter

Tim Dendle

RISKS‐ Describe any additional risks identified after the PDA

(Outline the major risks associated with the project which may impact on delivery of the scoped project on time and on budget)

Impact of Risk

0 0

Seek extension so construction can 

commence after the wet season.

0 0

0 0

0

0

Proposed Solution

Karen Bimrose

Description of Risk

HighFunding grant deadline

130,000$                                           

100,000$                                           

898,655$                                           

30,000$                                              

1,167,655$                                        

1,167,655$                                        PROJECT LAUNCH BUDGET (PLB) REQUIRED

VARIATIONS IN THE ORIGINAL BUDGET  VS PLB

Construction of pathways pushed out to after piling completed on Barr Creek Bridge. The full 

project will only be delivered if there are savings from the Barr Ck bridge and TMR agrees to 

transfer funds from the Kewarra Beach section of the NBLT

Estimate at PCA                      (or previous year budget allocations)

Estimate at PPA

Estimate at PDA

Estimate at PLA

Comment:

In Progress

11

Is there going to be significant variance in operating costs?

OPERATIONAL VARIANCE

Y $30,000

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Attachment 2 – proposed pathway alignment Holloways Beach Coconut and Cassia Streets

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Attachment 3 – Proposed pathway alignment Machans Beach

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Attachment 4 – Petition – (#6210451)