Agenda and minutes

The agenda and reports associated with this minute can be found at:-

http://committees.aberdeencity.gov.uk/ieListDocuments.aspx?CId=122&MId=2527&Ver=4

The Lord Provost proposed that the reports on the City Garden Project be considered as the first item of general business.

The Council resolved:-

to agree to the Lord Provost’s proposal and amend the order of the agenda accordingly.

(A)     The persons undermentioned were admitted into the presence of the Council and passed as Burgesses of Guild in respect of their respective Acts of Admission in the Guild Burgess Book:-

Aileen D Brown, Retired Medical Social Worker, Aberdeen

Jacqueline Dunbar, Councillor, Aberdeen

Peter I Henderson, Company Director, Aberdeen

David MacDermid, Account Director, Aberdeen

John A Mackay, Former Vricht and Retired Civil Servant, Aberdeen

Barry D Mackland, Director, Aberdeen

Deborah Thomson, Chief Executive Officer, Aberdeen

Anne Wood MBE, Retired Head Teacher, Aberdeen

(B)       The persons undermentioned were admitted into the presence of the Council and passed as Burgesses of the Burgh of Aberdeen of their own craft only:-

Malcolm Hetherington, Flesher, Aberdeen

Richard Leith, Flesher, Aberdeen

Neil Montgomery, Flesher, Aberdeen

James A Graham, Shoemaker, Aberdeen

Alastair D Hunter, Shoemaker, Aberdeen

The Council was requested to determine that the following item of business which contained exempt information as described in Schedule 7(A) of the Local Government (Scotland) Act 1973, be taken in private:-

11(a)   Loirston Development Sites - Report by Director of Enterprise, Planning and Infrastructure - Referred by Finance and Resources Committee of 21 June 2012

Councillor McCaig moved as a procedural motion, seconded by Councillor Jackie Dunbar:-

            That the Council consider item 11(a) in public.

On a division, there voted:-

For the procedural motion  (15)  -  Councillors Blackman, Cameron, Corall, Cormie, Dickson, Jackie Dunbar, Jaffrey, Kiddie, MacGregor, McCaig, May, Noble, Samarai, Sandy Stuart and Townson.

Against the procedural motion  (28)  -  Lord Provost; Depute Provost; and Councillors Allan, Boulton, Carle, Cooney, Crockett, Delaney, Donnelly, Lesley Dunbar, Finlayson, Forsyth, Graham, Grant, Greig, Len Ironside CBE, Laing, Lawrence, Malik, Malone, Milne, Jean Morrison MBE, Nathan Morrison, Jennifer Stewart, Taylor, Thomson, Young and Yuill.

The Council resolved:-

(i)                 to reject the procedural motion; and

(ii)               in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973, to exclude the press and public from the meeting during consideration of the aforementioned item of business (Article 30 of this minute refers) so as to avoid disclosure of exempt information of the classes described in paragraphs 6 and 9 of Schedule 7(A) of the Act.

(i)                 Trade Union representatives

(ii)               Mr Craig Adams

(iii)             Mr Colin Crosby, Aberdeen City Gardens Trust

(iv)              Ms Kirsty Moodie

(v)                Mr Denis Yule, Friends of Union Terrace Gardens

(vi)              Mr Iain Richardson, Common Good Aberdeen

(vii)            Mr Stewart Spence

(viii)          Mr Mike Bowyer

(ix)              Mr Leo Koot

(x)                Mr Bill Duguid

(xi)              Mr John Bruce, Just Imagine

(xii)            Ms Debra Halliday and Mr Dan McCroskrie

(xiii)          Professor Paul Harris, City Garden Project Culture Working Group

(All requests relate to item 8(f) and comply with Standing Orders)

The Council had before it the following requests for deputations, of which requests (i) to (xiii) were in relation to the reports on the City Garden Project, and request (xiv) was in relation to the report on Loirston Development Sites:-

(i)                 Trade Union representatives

(ii)               Mr Craig Adams

(iii)             Mr Leo Koot

(iv)              Ms Kirsty Moodie

(v)                Mr Denis Yule, Friends of Union Terrace Gardens

(vi)              Mr Iain Richardson, Common Good Aberdeen

(vii)            Mr Stewart Spence

(viii)          Mr Mike Bowyer

(ix)              Mr Bill Duguid

(x)                Mr John Bruce, Just Imagine

(xi)              Mr Dan McCroskrie

(xii)            Professor Paul Harris, City Garden Project Culture Working Group

(xiii)          Mr Colin Crosby, Aberdeen City Gardens Trust

(xiv)          Mr George Yule, Aberdeen Football Club

The Council resolved:-

to accept all of the requests, suspending Standing Order 10(1) to enable request (xiv) to be heard as it had been received beyond the deadline for submission, and to hear the deputations immediately prior to the items being considered.

The Council had before it the minute of the special meeting of Aberdeen City Council of 13 June 2012.

The Council resolved:-

to approve the minute.

The Council had before it the minute of meeting of Aberdeen City Council of 13 June 2012.

The Council resolved:-

to approve the minute.

The Council had before it the minute of meeting of the Urgent Business Committee of 1 June 2012.

The Council resolved:-

(i)                 to approve the minute; and

(ii)               to note that Councillor Jennifer Stewart had replaced Councillor Boulton on the Aberdeen City Heritage Trust.

The Council had before it the minute of meeting of the Urgent Business Committee of 25 June 2012.

The Council resolved:-

to approve the minute.

The Council had before it the minute of meeting of the Urgent Business Committee of 27 July 2012.

The Council resolved:-

to approve the minute.

The Council had before it a pamphlet of standing committee minutes from 19 April to 5 July 2012.

The Council resolved:-

to note the minutes.

The Council had before it a statement of Council business which had been prepared by the Head of Legal and Democratic Services.

The Council resolved:-

to note the statement.

The Council had before it a list of outstanding motions which had been prepared by the Head of Legal and Democratic Services.

The Council resolved:-

(i)                 to remove the motion by former Lord Provost Peter Stephen on bidding for UK City of Culture 2017, agreeing that any outstanding action be transferred to the business statement instead; and

(ii)               otherwise to note the motions list.

(i)                 Report by Chief Executive

(ii)               Decision of Finance and Resources Committee and Report by Director of Enterprise, Planning and Infrastructure

(A)       In terms of Standing Order 10(2), the Council received a deputation from Mr Tommy Campbell, UNITE, Ms Karen Davidson, Unison, and Mr Mike Middleton, GMB.

Mr Campbell urged the Council to be realistic and reject the TIF Business Case as he felt there was insufficient evidence to demonstrate that additional business rates would be generated to finance the project. Ms Davidson echoed Mr Campbell’s remarks and cited the recent increased cost of borrowing in relation to the 3Rs Project as a risk that would also apply to the City Garden Project. Mr Middleton emphasised that if the project failed the risk would lie with his members, i.e. Council staff, in terms of their future employment and the delivery of services, and this caused him deep concern.

Members asked questions of Mr Campbell, Ms Davidson and Mr Middleton and thanked them for their contribution.

(B)       The Council then received a deputation from Mr Craig Adams.

Mr Adams advised that he was the owner of a small business in the city centre and called on the Council to take no further action in relation to the City Garden Project. He referred to the economic report produced by Tony MacKay, which cast doubt on the robustness of the TIF Business Case, and questioned whether the project had been properly costed. Mr Adams advised that Union Square had cost £250million to build and had been a conventional construction, whereas the City Garden Project would be a highly complex construction.

Mr Adams emphasised that the city needed a solution that everybody could unite behind and urged the Council to explore other options.

Members asked questions of Mr Adams and thanked him for his contribution.

            (C)       The Council next received a deputation from Mr Leo Koot, Managing Director of TAQA Bratani Limited.

Mr Koot advised that he had arrived in Aberdeen twelve years ago to set up business and stayed in the Caledonian Hotel overlooking Union Terrace Gardens, which, at night, he felt resembled a dark and miserable unwelcoming hole in the heart of the city centre, which made him question whether he had made the right decision. The business had expanded rapidly, however he chose to base it in Westhill as Aberdeenshire Council had been very welcoming, whereas there was a perception that Aberdeen was not as welcoming towards new business.

Mr Koot stressed that Aberdeen needed the City Garden Project in order to expand and diversify from its reliance on oil and gas - the business case had been audited and the citizens had voted for the project, Aberdeen could and should deliver it.

Members asked questions of Mr Koot and thanked him for his contribution.

            (D)       The Council next received a deputation from Mr Denis Yule of Friends of Union Terrace Gardens.

Mr Yule urged members to reject the TIF Business Case as he felt there was a lack of evidence in terms of how it could be financed. Mr Yule highlighted that Union Terrace Gardens was Common Good land and  ...  view the full minutes text for item 13.

At this juncture, the Council agreed to hear the deputation from Aberdeen Football Club, represented by Mr Stewart Milne, Chairman. Mr George Yule, Vice Chairman of Aberdeen Football Club, and Mr Keith Moorhouse, Chairman of Cove Rangers Football Club, were also in attendance.

Mr Milne emphasised that the Council’s decision this day had major implications for the future of both Aberdeen Football Club and Cove Rangers Football Club, explaining that Calder Park and Aberdeen’s new stadium were integral parts of the new village development planned by the Council and John Muir Group. He added that a no vote for Calder Park would kill off Aberdeen’s new stadium as both developments were linked, with access to Calder Park forming the secondary access required for Aberdeen’s new stadium.

Mr Milne stressed that Cove was in desperate need of community facilities and that these would need to be delivered by other means if the Council voted against Calder Park, whereas the current proposals had the potential to deliver a mini Aberdeen Sports Village for the local community. He explained that Cove Rangers had to find a new home by 2014 to meet the relevant stadium criteria as Allan Park could not be redeveloped - failure to find a new home by 2014 would result in Cove Rangers having to withdraw from the Highland League with no prospect of benefitting from a future restructure of the Scottish Football League.

In terms of Aberdeen Football Club, Mr Milne highlighted that the proposed soccer academy and new training facilities at Calder Park were vital in terms of youth development and the first team squad. The new stadium was central to the club’s five year business plan as it would enable the club to get back on a sound financial footing. The redevelopment of Pittodrie Stadium was not a realistic option as the site was landlocked, which would result in the ground capacity being reduced to approximately 12,000 in order to meet European requirements, with the stadium becoming a building site for three to five years, with any European fixtures having to be played at other Scottish cities during that time.

At this juncture, the Council agreed to suspend Standing Order 10(6) to enable Mr Milne to conclude his deputation as the time permitted had expired.

Mr Milne concluded that a no vote for Calder Park could result in Aberdeen Football Club no longer being able to function as a full time professional club and could kill off Cove Rangers Football Club, and asked what this would do for the Council’s bid for UK City of Culture 2017. Mr Milne implored members to give careful consideration to the decision they were about to make and not jeopardise over 100 years of history within the city.

Members asked questions of Mr Milne and thanked him for his contribution.

The Council had before it ‘Aberdeen - the Smarter City’ - the Aberdeen City Scottish Labour Party, Conservative and Unionist Party and Independent Alliance Group of Councillors’ Programme for Aberdeen City Council.

Councillor Crockett moved, seconded by Councillor Forsyth:-

            That the programme be approved.

Councillor Malone moved as an amendment, seconded by Councillor McCaig:-

That, to ensure Aberdeen continues to be a great place to live, work and be educated, this Council endorses both the Five Year Business Plan and the principles and policies set out in “Vibrant, Dynamic and Forward Looking”.

On a division, there voted:-

For the motion  (23)  -  Lord Provost; Depute Provost; and Councillors Allan, Boulton, Carle, Cooney, Crockett, Donnelly, Lesley Dunbar, Finlayson, Forsyth, Graham, Grant, Len Ironside CBE, Laing, Lawrence, Malik, Milne, Jean Morrison MBE, Nathan Morrison, Taylor, Thomson and Young.

For the amendment  (20)  -  Councillors Blackman, Cameron, Corall, Cormie, Delaney, Dickson, Jackie Dunbar, Greig, Jaffrey, Kiddie, MacGregor, McCaig, Malone, May, Noble, Samarai, Jennifer Stewart, Sandy Stuart, Townson and Yuill.

The Council resolved:-

to adopt the motion.

With reference to Article 13 of the minute of meeting of the Finance and Resources Committee of 21 June 2012, the Council had before it, by way of remit, a report by the Director of Corporate Governance which provided an update on the treasury management activities during 2011/12.

The Finance and Resources Committee had resolved:-

(i)                 to note the treasury management activities undertaken in 2011/12 as detailed in the report; and

(ii)               to recommend to Council that it notes the treasury management activities undertaken in 2011/12.

The Council resolved:-

(i)                 to note the treasury management activities undertaken in 2011/12; and

(ii)               to highlight the good work of the Finance team in regard to short-term borrowing as outlined within the report.

The Council had before it a report by the Director of Corporate Governance which described the outcome of a consultative meeting held on 27 June 2012 to seek a suitable nomination for the appointment of a third religious representative on the Education, Culture and Sport Committee, in terms of Section 124 of the Local Government etc. (Scotland) Act 1994.

The report recommended:-

that the Council approve the appointment of Mrs Anne Tree as the third religious representative on the Education, Culture and Sport Committee.

The Council resolved:-

to approve the recommendation.

With reference to Article 15 of the minute of its meeting of 13 June 2012, the Council had before it a report by the Chief Executive seeking confirmation of elected member appointments to various outside bodies that were outstanding.

The report recommended:-

that the Council approve the elected member appointments to sub-committees, trusts, boards and outside bodies as appended to the report.

The Council resolved:-

(i)                 to agree the elected member appointments to sub-committees, trusts, boards and outside bodies as listed in the table below; and

(ii)               to note that the SNP Group would give consideration to appointing members to the Oakbank School Board of Governors if a copy of their accounts could be provided to them.

DECLARATIONS OF INTERESTS

Councillors Corall and Finlayson declared interests in relation to the following item of business by virtue of their appointment by the Council as Directors of Aberdeen City Heritage Trust but did not consider that the nature of their interests required them to leave the meeting.

The Council had before it a report by the Director of Corporate Governance which advised of a proposal by the Directors of the Aberdeen City Heritage Trust to approve a Special Resolution which would allow the Trust to co-opt up to four further members for a maximum period of eight years each.

The report recommended:-

that the Council agree to support the Special Resolution of the Aberdeen City Heritage Trust and authorise the Head of Legal and Democratic Services to sign and return the Special Resolution by 5 September 2012.

The Council resolved:-

to approve the recommendation.

"Council instructs officers to report on the feasibility and implications of removing/ending on street Sunday parking charges"

Councillor Jennifer Stewart, pursuant to notice, moved:-

“Council instructs officers to report on the feasibility and implications of removing/ending on street Sunday parking charges.”

The Council resolved:-

to refer the motion to the Enterprise, Planning and Infrastructure Committee.

"Council requests that officers report back on ways to speed up the housing allocation process for those families living in overcrowding situations which are caused or exacerbated by formal kinship care arrangements.”

Councillor Blackman, pursuant to notice, moved:-

“Council requests that officers report back on ways to speed up the housing allocation process for those families living in overcrowding situations which are caused or exacerbated by formal kinship care arrangements.”

The Council resolved:-

to refer the motion to the Housing and Environment Committee.

“That this Council agree to instruct officers to report to the appropriate committee on the feasibility of providing local communities with the materials and equipment necessary to undertake snow clearing and gritting and that this report should seek to include information about such schemes operating elsewhere in Scotland and the UK.”

Councillor Yuill, pursuant to notice, moved:-

“That this Council agree to instruct officers to report to the appropriate committee on the feasibility of providing local companies with the materials and equipment necessary to undertake snow clearing and gritting and that this report should seek to include information about such schemes operating elsewhere in Scotland and the UK.”

The Council resolved:-

to refer the motion to the Enterprise, Planning and Infrastructure Committee.

“That this Council agrees to write to the Scottish Government and Aberdeen’s MSPs calling for a change in the regulatory regime for bus operators providing scheduled public services to introduce a ‘public service obligation’ which would require any bus operator providing more than 50% of the bus services in a particular local authority area to provide a basic level of bus service (including in evenings and at weekends) to communities across that local authority area.”

Councillors Yuill, Delaney and Malone, pursuant to notice, moved:-

“That this Council agrees to write to the Scottish Government and Aberdeen’s MSPs calling for a change in the regulatory regime for bus operators providing scheduled public services to introduce a ‘public service obligation’ which would require any bus operator providing more than 50% of the bus services in a particular local authority area to provide a basic level of bus service (including in evenings and at weekends) to communities across that local authority area.”

The Council resolved:-

to refer the motion to the Enterprise, Planning and Infrastructure Committee.

“That this Council:

1.            Expresses concern at the impact the withdrawal of evening bus services to Airyhall will have on residents of that community, including increased social isolation for some.

2.            Instructs officers to report to the relevant committee on the feasibility and likely cost of introducing a City Council supported evening bus service to Airyhall and to further report on options for funding such a supported service.”

Councillor Yuill, pursuant to notice, moved:-

“That this Council:

1.             Expresses concern at the impact the withdrawal of evening bus services to Airyhall will have on residents of that community, including increased social isolation for some.

2.             Instructs officers to report to the relevant committee on the feasibility and likely cost of introducing a City Council supported evening bus service to Airyhall and to further report on options for funding such a supported service.”

The Council resolved:-

to refer the motion to the Enterprise, Planning and Infrastructure Committee.

“That this Council produces a report on identifying funding sources for the bus services which are scheduled for withdrawal from Seafield and Craigiebuckler.”

Councillor Greig, pursuant to notice, moved:-

“That this Council produces a report on identifying funding sources for the bus services which are scheduled for withdrawal from Seafield and Craigiebuckler.”

The Council resolved:-

to refer the motion to the Enterprise, Planning and Infrastructure Committee.

“That this Council:-

1.         Deplores First Aberdeen’s decision to terminate the Park & Ride service from Kingswells at Aberdeen Royal Infirmary.

2.         Instructs officers to seek a meeting with First Aberdeen to emphasise the need for effective Park & Ride services in order to reduce congestion caused by commuter traffic and their role in achieving this.

3.         Instructs the Chief Executive to seek a meeting with the Transport Minister and Group Leaders to discuss recent reductions in bus frequencies across the city and First Aberdeen’s failure to deliver on local and national transportation policies in Aberdeen.”

Councillor Delaney, pursuant to notice, moved:-

“That this Council:-

1.             Deplores First Aberdeen’s decision to terminate the Park & Ride service from Kingswells at Aberdeen Royal Infirmary.

2.             Instructs officers to seek a meeting with First Aberdeen to emphasise the need for effective Park & Ride services in order to reduce congestion caused by commuter traffic and their role in achieving this.

3.             Instructs the Chief Executive to seek a meeting with the Transport Minister and Group Leaders to discuss recent reductions in bus frequencies across the city and First Aberdeen’s failure to deliver on local and national transportation policies in Aberdeen.”

The Council resolved:-

to refer the motion to the Enterprise, Planning and Infrastructure Committee.

“To request a report/review of the Council’s mixed tenure properties where the Council is the minority owner with a view to selling off these properties to re-invest the money in new Council housing, affordable housing and helping first-time buyers.”

Councillor Thomson, pursuant to notice, moved:-

“To request a report/review of the Council’s mixed tenure properties where the Council is the minority owner with a view to selling off these properties to re-invest the money in new Council housing, affordable housing and helping first-time buyers.”

The Council resolved:-

to refer the motion to the Housing and Environment Committee.

“That this Council works with the Armed Forces, veterans' groups, health and social care providers, the business community and other local bodies to develop a Community Covenant for Aberdeen.”

Lord Provost George Adam, pursuant to notice, moved:-

“That this Council works with the Armed Forces, veterans’ groups, health and social care providers, the business community and other local bodies to develop a Community Covenant for Aberdeen.”

The Council resolved:-

to approve the terms of the motion and instruct officers to submit a report to the Corporate Policy and Performance Committee.

Can the Chief Executive investigate and confirm that the Deeside Walkway Railway line will not be closed off for personal development purposes, and that the only motorised vehicles that will be allowed to use the railway line will be Council vehicles or emergency services?

The Council had before it the following question, of which due notice had been given in terms of Standing Order 10(2), which had been placed on the agenda as Councillor Boulton had indicated that she was unhappy with the response.

Councillor Boulton

To the Chief Executive

(1)              Can the Chief Executive investigate and confirm that the Deeside Walkway Railway line will not be closed off for personal development purposes, and that the only motorised vehicles that will be allowed to use the railway line will be Council vehicles or emergency services?

ANSWER (by the Chief Executive) -

(1)       Closure

The Council has statutory obligations as the planning authority to uphold rights of way and access rights. The obligation under the Countryside (Scotland) Act is:-

“It shall be the duty of a local planning authority to assert, protect and keep open and free from obstruction or encroachment any public right of way which is wholly or partly within their area.”

The duty under the Land Reform (Scotland) Act is similarly worded:-

“It is the duty of the local authority to assert, protect and keep open and free from obstruction or encroachment any route, waterway or other means by which access rights may reasonably be exercised.”

Both pieces of legislation provide specific power to institute and defend legal proceedings in support of those duties.

The duties as expressed in both Acts are unequivocal and the Council has in the past expended considerable resources in protecting public rights of way throughout the city and along the former railway line in particular.

Whilst there is a presumption against closure, any request for a closure or partial closure would require to be treated on the merits of that specific case.

            Access

Council consent may be granted for access by vehicles for construction, maintenance or other purposes subject to such appropriate conditions as the Council may wish to impose in relation to type of vehicle, timing, reinstatement and cost.

Each particular case will be considered on its own merits.

The Council resolved:-

to note the details.

In accordance with the decision recorded under Article 3 of this minute, the following item of business was considered with the press and public excluded.

With reference to Article 32 of the minute of meeting of the Finance and Resources Committee of 21 June 2012, which had been referred to it for consideration by seven members of the committee, the Council had before it (1) a report by the Director of Enterprise, Planning and Infrastructure which advised of progress in relation to the two areas of land at Bobby Calder Park and Lochinch Farm, Cove; and (2) the decision of the Finance and Resources Committee as follows:-

(i)                 in relation to the Development Agreement with Hermiston Securities Limited (HSL) -

(a)              to authorise the Head of Legal and Democratic Services to conclude the Development Agreement with HSL, on the terms noted within the report, in particular the Committee noted that further committee approval would not be required for any future sales of the land within the agreement as long as they were demonstrated as being at market value; the parties must also act in the partnership’s mutual economic interest; and

(b)              to authorise the Director of Enterprise, Planning and Infrastructure to nominate three officers to form part of the Project Team; and

(ii)               in relation to the requests from Cove Rangers Football Club Limited (CRFCL) -

(c)               to instruct the Head of Asset Management and Operations to issue a refusal of  Landlord’s Consent for the revised development proposals on the site;

(d)              to instruct the Head of Asset Management and Operations to issue a refusal of Landlord’s Consent to the partial assignation of part of the leased area to Aberdeen Football Club PLC (AFC) (shown in the assignation plan appended to the report);

(e)              to note that an area of circa 4.5 acres or thereby would not be surrendered from the lease with CRFCL and returned to the Council;

(f)                 to refuse Landlord’s Consent to extend the longstop date of 1 September 2012 for the completion of the community facilities at Calder Park;

(g)              to instruct the Head of Legal and Democratic Services, if necessary, to take all steps to initiate irritancy proceedings in relation to the lease between the Council and CRFCL at Bobby Calder Park; and

(h)               to instruct officers to undertake a strategic review of the Council landholdings at Bobby Calder Park, giving consideration to the ‘Leisure Asset and Pitch Strategy Audit’ currently being undertaken, the masterplanning of adjoining sites and other development opportunities with a report being brought back to a future meeting of the committee on the outcome of these investigations in due course.

Councillor Young moved, seconded by Councillor Donnelly:-

            That the Council -

(i)      in relation to the Development Agreement with HSL -

(a)              authorise the Head of Legal and Democratic Services to conclude the Development Agreement with HSL, on the terms noted within the report, in particular the Council notes that further committee approval would not be required for any future sales of the land within the agreement as long as they were demonstrated as being at market value; the parties must also act in the  ...  view the full minutes text for item 30.