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Minutes of the Ordinary Meeting of Council...2017/02/20  · The proposal was advertised and 16...

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These Minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 14 March 2017 1 Minutes of the Ordinary Meeting of Council Held on the 20 February 2017 Council Chambers, Ivanhoe Service Centre 275 Upper Heidelberg Road, Ivanhoe
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Page 1: Minutes of the Ordinary Meeting of Council...2017/02/20  · The proposal was advertised and 16 objections and one petition with 93 signatures have been received. The concerns have

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Minutes of the Ordinary Meeting of Council

Held on the 20 February 2017

Council Chambers, Ivanhoe Service Centre

ese Minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 14 March 2017 1

275 Upper Heidelberg Road, Ivanhoe

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MINUTES ORDINARY MEETING OF COUNCIL 20 FEBRUARY 2017

2 These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 14 March 2017

PRESENT .............................................................................................................................. 3

APOLOGIES .......................................................................................................................... 3

LEAVE OF ABSENCE ........................................................................................................... 3

CONFIRMATION OF MINUTES ............................................................................................. 3

DISCLOSURE OF INTERESTS ............................................................................................. 3

1. URGENT BUSINESS ....................................................................................................... 3

2. PETITIONS ...................................................................................................................... 4

2.1 Petition in Relation To Proposed 5 Storey Mixed Use Development at 154 Upper Heidelberg Road, Ivanhoe (P1145/2016) ..................................................... 4

3. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT ...................................... 4

Nil

4. PLANET – ENVIRONMENTAL SUSTAINABILITY ......................................................... 4

Nil

5. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT ................................ 5

5.1 Kalparrin Gardens Masterplan ................................................................................ 55.2 Northland Urban Renewal Precinct - Draft Joint Community Infrastructure

Plan ........................................................................................................................ 65.3 Mixed use development at 154 Upper Heidelberg Road, Ivanhoe

(P1145/2016) .......................................................................................................... 75.4 Additional Signage at Yulong Reserve, Bundoora (P60/2014) .............................. 12

6. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE ................... 14

6.1 Additional Members for Council Advisory Committees .......................................... 14

7. PERFORMANCE - USE OUR RESOURCES WISELY .................................................. 15

7.1 2016 Banyule Election Report ............................................................................... 157.2 Award of Contract no. 0906-2017 for Panel of Services Design Consultants

for Building Projects up to $2 million ..................................................................... 167.3 Report on Property Transactions for the Six Months ending 31 December

2016 ..................................................................................................................... 177.4 Quarterly Financial Management Report - December 2016 .................................. 187.5 Assembly of Councillors ........................................................................................ 197.6 Proposed Lease and Licences associated with the Hurstbridge Rail Line

Duplication Works and Rosanna Level Crossing Removal .................................... 22

8. SEALING OF DOCUMENTS ......................................................................................... 23

8.1 Sealing of Documents - Tenancy 4 226 Upper Heidelberg Road, Ivanhoe ............ 23

9. NOTICES OF MOTION .................................................................................................. 23

9.1 Banyule Jobs Forum ............................................................................................. 23

10. GENERAL BUSINESS .................................................................................................. 24

CLOSURE OF MEETING ..................................................................................................... 24

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MINUTES ORDINARY MEETING OF COUNCIL 20 FEBRUARY 2017

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 14 March 2017 3

EXTENSION OF PUBLIC FORUM

Resolution (CO2017/14)

That the Public Forum be extended to 7.40pm.

Moved: Cr Peter Castaldo Seconded: Cr Mark Di Pasquale CARRIED

The Meeting opened at 7.38pm.

Present

Mayor Cr Tom Melican, Cr Peter Castaldo, Cr Mark Di Pasquale, Cr Rick Garotti, Cr Craig Langdon, Cr Wayne Phillips, Cr Alison Zandegu

Apologies

Nil

Leave of Absence

Nil

Confirmation of Minutes

That the following Minutes be confirmed:

Ordinary Meeting of Council held 30 January 2017

Moved: Cr Rick Garotti Seconded: Cr Mark Di Pasquale CARRIED

Disclosure of Interests

Nil

1. Urgent Business

Nil

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4 These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 14 March 2017

2. PETITIONS

2.1 PETITION IN RELATION TO PROPOSED 5 STOREY MIXED USE DEVELOPMENT AT 154 UPPER HEIDELBERG ROAD, IVANHOE (P1145/2016)

Roger Fyfe and Kevin Biaggini spoke to the item.

EXECUTIVE SUMMARY

Council has received a petition in relation to Planning Permit Application No. P1145/2016 for buildings and workings including construction of a five storey mixed use building over three basement levels; demolition of the existing building in a heritage overlay; reduction in car parking requirements and a waiver of the loading bay requirements at 154 Upper Heidelberg Road, Ivanhoe.

Resolution (CO2017/15)

That:

1. Council receives and notes the petition including 8 additional signatures tabled at the Council meeting on the 20 February 2016.

2. Council notes that the issues raised in the petition relation to the merits of the proposal have been considered in the assessment of the application.

3. Any further signatures received in relation to this petition be accepted and added to the total number of petitioners without a further report to Council.

4. The lead petitioner be advised of Council’s decision.

Moved: Cr Rick Garotti Seconded: Cr Mark Di Pasquale CARRIED

3. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT

Nil

4. PLANET – ENVIRONMENTAL SUSTAINABILITY

Nil

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5. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT

5.1 KALPARRIN GARDENS MASTERPLAN

Mr Kevin Biaggini and Mr Brian Grace spoke to the item.

EXECUTIVE SUMMARY

A Masterplan has been prepared for Kalparrin Gardens Reserve, Greensborough in consultation with community and stakeholders. The Banyule Open Space Plan recommends the preparation of a Masterplan for Kalparrin Gardens to guide future planning and development, to Regional Park status, in line with projected population growth and community expectations.

Kalparrin Gardens is an important parcel of public open space for the City of Banyule, due to its size, its location close to the Greensborough Principle Activity Centre (GPAC) and the fact that it contains a significant body of water (Kalparrin Lake). The park is valued for its mix of native and exotic vegetation and unique for its topography and connection to the Plenty River Corridor. The park is currently underutilised despite the many favourable natural features due to a low profile, aging infrastructure and few facilities.

In preparing the Masterplan an extensive and targeted consultation process was undertaken with the community and with other external and internal stakeholders. Council gathered information, identified the needs of key users and determined future improvements and development opportunities for Kalparrin Gardens. The consultation phase for the Masterplan has received overwhelming community support.

The Kalparrin Gardens Masterplan creates a strong vision for the future of the Reserve that will help it to meet the need for major regional park in the north of the City and particularly service the GPAC and surrounding areas. The vision for the Reserve is to create a park which can serve as a destination for medium and longer term visits and includes a wide range of facilities and features.

It is envisioned that the Masterplan implementation will be funded over a ten year period through a combination of existing renewal budgets, capital funding supported by significant open space development contributions for Greensborough, external funding from sports clubs and state government grants. This report is seeking Council’s endorsement of the Masterplan for adoption.

Resolution (CO2017/16)

That:

1. Council adopt the Kalparrin Gardens Reserve Masterplan.

2. The Masterplan be considered for funding in Council’s 10 year Capital Works Program.

Moved: Cr Mark Di Pasquale Seconded: Cr Alison Zandegu CARRIED

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5.2 NORTHLAND URBAN RENEWAL PRECINCT - DRAFT JOINT COMMUNITY INFRASTRUCTURE PLAN

Ms Alicia Curry spoke to the item.

EXECUTIVE SUMMARY

The City of Darebin has prepared a concept plan for Northland Urban Renewal Precinct (NURP) located in East Preston and bounded by Albert Street, Bell Street, Murray Road and the Darebin Creek to the east.

It is completing a number of foundation projects, including the Joint Community Infrastructure Plan (JCIP) the subject of this report, which support a Structure Plan and Renewal Strategy and will guide changes in the Precinct. These documents spell out a clear direction for the complete make-over of the existing area in the long-term. The JCIP also incorporates a high level masterplan for the Darebin Creek Corridor for the reach between Bundoora Park in the north to Banksia and Dundas Streets to the south.

The Darebin Creek Corridor will become an increasing important source of public open space as the population continues to increase in adjacent communities on both the Darebin and Banyule sides of the creek.

This report seeks to have Council release of the Northland Urban Renewal Precinct DRAFT Joint Community Infrastructure Plan (JCIP) for public consultation.

Resolution (CO2017/17)

That Council:

1. Release the draft Northland Urban Renewal Precinct Joint Community Infrastructure Plan, including the draft Darebin Creek Corridor Masterplan, for public consultation.

2. Utilise the Plan’s recommendations to inform future annual budgeting, including 4yr and 10yr capital works planning.

3. Use the Plan as a basis for applying for future Federal and State Government funding.

Moved: Cr Craig Langdon Seconded: Cr Peter Castaldo CARRIED

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5.3 MIXED USE DEVELOPMENT AT 154 UPPER HEIDELBERG ROAD, IVANHOE (P1145/2016)

Mr Roger Fyfe, Mr Dennis O’Connell, Mr Kevin Biaggini, Mr Anthony Carbines and Mr Vaughan Connor spoke to the item.

EXECUTIVE SUMMARY

It is proposed to demolish the existing building and to construct a five storey building with three levels of basement parking to include bank and café uses at ground level, two levels of office and five apartments above. The proposal also seeks a reduction of car parking and loading bay requirements.

The application has been submitted following a previous application that was refused by Council and upheld on review to VCAT. The proposal has now been designed to address the key concerns that were articulated as part of the VCAT decision by reducing the podium and overall height and increasing the setbacks at the upper levels.

The development will result in a building height that is greater than the preferred height under the Design and Development Overlay (Schedule 11) and Ivanhoe Structure Plan, however it is considered that the proposal responds to the key concerns that were articulated in the VCAT decision and would meet the objective of this overlay, subject to conditions requiring increased setbacks at the upper level and modified materials. In addition, the proposal has also addressed development equity concerns articulated through the previous appeal decision associated with the adjoining Ivanhoe Uniting Church.

The proposal incorporates appropriate planting to soften the development from the public realm and the mix of uses including café, office and residential will support the role of the Ivanhoe Activity Centre.

The proposal was advertised and 16 objections and one petition with 93 signatures have been received. The concerns have regard to height, scale and setbacks of the building, amenity impacts on the church site and car parking and vehicle access. The proposal is considered to have appropriate regard to the relevant planning controls and approval is recommended subject to conditions.

Resolution (CO2017/18)

That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolve to issue a Notice of Decision to Grant a Planning Permit in respect of Application No. P1145/2016 for buildings and workings including construction of a five storey mixed use building over three basement levels; demolition of the existing building in a heritage overlay; reduction in car parking requirements and a waiver of the loading bay requirements at 154 Upper Heidelberg Road, Ivanhoe, subject to the following conditions:

1 Before the development permitted by this permit starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted on 4 October 2016 but modified to show:

(a) correct north point shown on all floor plans; (b) removal of the fourth floor level;

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(c) a revised car parking allocation schedule that includes no reduction in the number of car parking spaces and for the four car parking spaces previously allocated to the fourth floor dwellings to be allocated to office use;

(d) all dwellings to have an outdoor area of at least 8m2 with a minimum depth of 1.6 metres;

(e) inclusion of a 600mm high plinth base to the ground level glazed walls; (f) removal of the roof covering the light courts for apartment 3.01 and 3.03; (g) the white brickwork at ground and first floor level modified to a cream or light tone

finish; (h) a schedule of external building materials and colours, including details of

cladding and roofing materials; the schedule should be presented on a separate sheet and must include colour samples;

(i) storage area for each apartment to be noted on the plan; (j) engineering plans showing a properly prepared design with computations for the

internal drainage and method for of disposal of stormwater from all roofed areas and sealed areas including: (i) the use of an On-site Stormwater Detention (OSD) system; (ii) the connection to the Council nominated legal point of discharge; (iii) the outfall drainage works necessary to connect the subject site to the

Council nominated Legal Point of Discharge; (iv) the integration, details and connections of all Water Sensitive Urban Design

features in accordance with the endorsed Sustainable Management Plan and STORM report and include drainage details as a result of landscaping.

Please note the Engineering plans must show all protected and/or retained trees on the development site, on adjoining properties where tree canopies encroach the development site and along proposed outfall drainage and roadway alignments (where applicable) and every effort must be made to locate services away from the canopy drip line of trees and where unavoidable, details of hand work or trenchless installation must be provided.

(k) where sustainable design features outlined in the Sustainable Management Plan cannot be visually shown, include a notes table providing details of the requirements (i.e. energy and water efficiency ratings for heating/cooling systems and plumbing fittings and fixtures, etc);

(l) landscaping as required by Condition 4 of this permit; (m) any changes required by the Waste Management Plan in accordance with

condition 6;

General

2 The development as shown on the endorsed plans or described in the endorsed documents must not be altered or modified except with the written consent of the Responsible Authority.

3 Unless otherwise agreed in writing by the Responsible Authority the development permitted by this permit must not be occupied until the development has been completed to the satisfaction of the Responsible Authority in accordance with the permit and endorsed plans (including, but not limited to built form and layout, parking, landscaping, sustainable design initiatives, drainage, street numbering, etc).

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Landscaping Plan

4 The development permitted by this permit must not be commenced until a satisfactory detailed landscaping plan is submitted to and approved by the Responsible Authority. Such plan must be prepared by a person suitably qualified or experienced in landscape design and shall include:

(a) A schedule of all proposed plants which includes the location and size at maturity of all plants, the botanical names of such plans and the location of all areas to be covered by grass, lawn or other surface material as specified.

(b) Provision of planting to balconies and terraces at the upper levels to create some softening of the built form through vegetation.

(c) Location, details and cross section drawings of all Water Sensitive Urban Design features in accordance with the endorsed Sustainable Management Plan with reference to connection details on the engineering plans.

Construction Management Plan

5 Before the development starts, a Construction Management Plan must be prepared and submitted to the Responsible Authority for approval. The plan must be to the satisfaction of the Responsible Authority. Once approved, the plan must be implemented to the satisfaction of the Responsible Authority. The plan must address the following issues: a) maintenance of safe movements of vehicles to and from the site during the

construction phase; b) on-site parking of vehicles associated with construction of the development; c) wash down areas for trucks and vehicles associated with construction activities.

Waste management

6 Before the development starts, a Waste Management Plan prepared by a suitably qualified person must be submitted to and approved to the satisfaction of the Responsible Authority. Such plan must specify that collection is to be by way of private contractor and detail:

(a) a suitable collection point for bins. (b) How waste and recycling materials are to be managed within the site and

collected. (c) How fully laden bins will be taken to and from the collection point(s). (d) Anticipated frequency, hours and duration of collection(s) having regard to the

areas provided for bin storage and potential noise impacts to the surrounding neighbourhood.

(e) How bin storage areas will be maintained to ensure there is no unreasonable emission of odour or noise.

(f) How hard waste will be stored on site and the process for arranging with Council to collect when required.

Once approved, this management plan must be adhered to by the owner(s), permit holder(s) and operator(s) of the development at all times unless otherwise agreed in writing by the Responsible Authority.

7 No receptacles for any form of rubbish or refuse (other than public waste bins) may be placed or allowed to remain in view from a public road or thoroughfare except during collection. Odour must not be emitted from any such receptacle(s) so as to cause offence to any person(s) outside the subject land, to the satisfaction of the Responsible Authority.

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Section 173 Agreement

8 Unless otherwise agreed in writing by the Responsible Authority, before the development starts, the owner must enter into an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987 to the satisfaction of the Responsible Authority and such agreement must provide mechanism to secure:

Before the development starts, the owner must enter into an agreement with the Responsible Authority made pursuant to Section 173 of the Planning and Environment Act 1987 and the agreement must be registered on the title/s to the land under Section 181 of the Act. The agreement must provide that:

(a) The owner acknowledge that all refuse and recycling collection will occur by way of a private contractor in accordance with the approved Waste Management Plan.

The owner must pay the reasonable costs for the preparation, execution and registration of the Section 173 Agreement. A copy of the Titles Office registration number (dealing number) for the Section 173 Agreement must be provided to Council as proof of registration.

Car Parking / Access

9 Areas set aside for the parking of vehicles together with the aisles and access lanes must be properly formed to such levels that they can be utilised in accordance with the endorsed plans and must be drained and provided with an all weather seal coat. The areas must be constructed, drained and maintained in a continuously useable condition to the satisfaction of the Responsible Authority.

10 Areas set aside for the parking and movement of vehicles as shown on the endorsed plan(s) must be made available for such use and must not be used for any other purpose.

11 Vehicular access or egress to the subject land from any roadway or service lane must be by way of a vehicle crossing constructed in accordance with Council’s Vehicle Crossing Specifications to suit the proposed driveway(s) and the vehicles that will use the crossing(s). The location, design and construction of the vehicle crossing(s) must be approved by the Responsible Authority. Any existing unused crossing(s) must be removed and replaced with concrete kerb, channel and naturestrip to the satisfaction of the Council prior to occupation of the building. All vehicle crossing works are to be carried out with Council Supervision under a Memorandum of Consent for Works which must be obtained prior to commencement of works.

Design and built form

12 All new walls on or facing the boundary of an adjoining property must be cleaned and finished to the satisfaction of the Responsible Authority.

13 All buildings must be maintained in good order and appearance to the satisfaction of the Responsible Authority.

14 No plant, equipment, services or architectural features other than those shown on the endorsed plans are permitted above the roof level of the building or on any of the balconies unless otherwise agreed in writing by the Responsible Authority.

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15 All external plant and equipment must be acoustically treated or placed in sound proof housing to reduce noise to a level satisfactory to the Responsible Authority.

16 All piping and ducting (excluding down pipes, guttering and rainwater heads) must be concealed from public view to the satisfaction of the Responsible Authority.

17 External lighting must be designed, baffled and located so as to prevent any adverse effect from light spill on adjoining land to the satisfaction of the Responsible Authority.

18 Any materials or goods must be stored internal to the building or screened from public view to the satisfaction of the Responsible Authority.

19 Any road(s), footpath(s) or other infrastructure adjacent to the land damaged as a result of the construction works (including but not limited to trenching and excavation for utility service connections, movement of vehicle and the likes), must be reinstated to the satisfaction of the Responsible Authority and at the cost of the permit holder.

Time Limits

20 In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies:

(a) The development is not commenced within two years of the date of this permit; (b) The development is not completed within four years of the date of this permit.

In accordance with section 69 of the Planning and Environment Act 1987, the Responsible Authority may extend the periods referred to if a request is made in writing:

(a) Before the permit expires, or (b) Within six months afterwards, or (c) Within 12 months afterwards if the development started lawfully before the permit

expired.

Moved: Cr Peter Castaldo Seconded: Cr Craig Langdon CARRIED

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5.4 ADDITIONAL SIGNAGE AT YULONG RESERVE, BUNDOORA (P60/2014)

Mr Roger Fyfe, Mr Darryl Richards and Mr Ronald Brown spoke to the item.

EXECUTIVE SUMMARY

The application for an amendment to permit P60/2004 seeks to obtain retrospective permission for the installation and display of promotional signs at Yulong Reserve.

The original permit allowed for approximately 12.48 sqm of signage and retrospective permission has been sought by Bundoora Football Club for an area of signage in excess of approximately 32.73 sqm.

Following public notification of the proposal a total of three objections were received. A degree of compromise was explored at a consultation with representatives of the Bundoora Football Club and an objector to the signage proposal, however, this meeting was not attended by the applicant who has indicated concern with offers made by the Bundoora Football Club.

Council’s Outdoor Advertising Policy indicates preferred amounts of signage for freestanding signs (1 sign with up to 5.76 sqm) and signs attached to buildings (6 x 2 sqm signs). It is considered that permission for a total of approximately 24.96 sqm is appropriate. Although this will incorporate a variation to the preferred configuration for a freestanding sign as set out in the Outdoor Advertising Policy, the recommendation will require the sign to revert back to what was approved in 2007. This approval predates the provisions for freestanding signs on reserves adopted by Council in October 2015. The recommendation also suggests that an additional three ‘attached to building signs’ to the six allowed under the policy is acceptable.

Councillor Castaldo left the Chamber at 08.58pm.

Councillor Castaldo returned to the Chamber at 09:02pm.

Resolution (CO2017/19)

That Council, having complied with Section 50 to 62 and 72 to 76 of the Planning and Environment Act 1987, issue a Notice of Decision to Amend Planning Permit in respect of Application No. P60/2004 for the erection and display of business and promotion signs on the Yulong Reserve Pavilion, Scoreboard, and standalone signs at 60 Bent Street BUNDOORA including the following changes:

1. Deletion of existing conditions 1 (a), (b) and (c).

2. Insert new condition 1 as follows:

Amended Plans

Within one month of the date of this amended permit, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn with dimensions and three copies must be provided. The plans must be generally in accordance with the advertised plans submitted with the application but modified to show:

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(a) Sign A modified to reflect the existing sign structure located on the site and include business identification signage and multiple promotional signs that are no greater than 2m2 each on the outward facing side of the sign structure. This must include the dimensions and height of the existing sign structure.

(b) Removal of the reference to the sign erected above the roof line of the existing structure used for a scoreboard and storage to the north west of the site.

(c) The promotional signs attached to the coaches box, pavilion and scoreboard be reduced in size to be no larger than 2m2 each.

3. Amend condition 2 so that it reads:

Unless otherwise agreed in writing by the Responsible Authority, the erection and display of promotion signs identified as B, C, D and E is limited to the seasonal tenancy of the occupier group and must not be displayed outside of the lease period.

4. Amend condition 4 so that it reads:

Any signage not shown on plans endorsed under this amended permit or allowed under the amended permit are to be removed within one month of the date of the amended permit.

Moved: Cr Rick Garotti Seconded: Cr Craig Langdon CARRIED

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6. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE

6.1 ADDITIONAL MEMBERS FOR COUNCIL ADVISORY COMMITTEES

EXECUTIVE SUMMARY

As a result of vacancies on Council’s Banyule Disability and Inclusion Advisory Committee and Aboriginal and Torres Strait Islander Committees additional committee members have been sought and are being recommended to be appointed.

Councillor Garotti left the Chamber at 09:09 pm.

Resolution (CO2017/20)

That Council appoint additional candidates to the following Advisory Committees:

• Banyule Disability and Inclusion Advisory Committee (BDIAC):

Name Position1. Louise Pearson Community Member

2. Simmonne Dyson-Hollande Community Member

3. Scott Harris Community Member

4. Glenn Reigo Community Member

• Banyule Aboriginal and Torres Strait Islander Advisory Committee:

Paula Russell Community Member

Moved: Cr Mark Di Pasquale Seconded: Cr Craig Langdon CARRIED

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7. PERFORMANCE - USE OUR RESOURCES WISELY

7.1 2016 BANYULE ELECTION REPORT

EXECUTIVE SUMMARY

Local Government General Elections are held every four years on the fourth Saturday in October. The last general election was held on the 22 October 2016. Banyule conducted its election by attendance voting. The election was conducted by the Victorian Electoral Commission (VEC).

The recent Local Government Act 1989 amendments have made the VEC responsible for conducting electoral services for local government elections in Victoria. This means that councils are no longer required to tender for the provision of electoral services. The VEC is an independent and impartial statutory authority.

The report prepared by the Returning Officer on the conduct of the election must be submitted to Council at the earliest practicable meeting of the Council held after the report is received by the Chief Executive Officer.

The report was received on 20 January 2017 from the VEC. An electronic copy of the report is available on Council’s website (www.banyule.vic.gov.au).

The report provides an overview of the conduct of the election including voting, results and election statistics.

Councillor Garotti returned to the Chamber at 09:10 pm.

Resolution (CO2017/21)

That Council

1. Note and receive the Victorian Electoral Commission’s Report on the conduct and results of the Banyule General Election 2016.

2. Write to Local Government Victoria requesting consideration on the voting entitlement for voters over seventy to be consistent with the rules for Federal and State elections.

3. Write to local Members of Parliament, the MAV and/or VLGA to advocate on Council’s behalf in relation to 2 above.

Moved: Cr Wayne Phillips Seconded: Cr Craig Langdon CARRIED

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7.2 AWARD OF CONTRACT NO. 0906-2017 FOR PANEL OF SERVICES DESIGN CONSULTANTS FOR BUILDING PROJECTS UP TO $2 MILLION

EXECUTIVE SUMMARY

This report is to consider the awarding of Contract No 0906-2017 for services design consultants for building projects up to $2 million.

The Tender Evaluation Panel (TEP) has recommended awarding the contract to the following there consultants in accordance with the tender:

1. Opus International Consultants (Aust) Pty Ltd 2. Waterman AHW (Vic) Pty Ltd

Council delivers a range of Capital Works building extension and renovation projects which require design of mechanical, hydraulics, vertical transportation and electrical services. These projects are typically between $100,000 to $2 million and range from new builds, building extensions and upgrades works. Given the nature of the future proposed works, this contract will aid to facilitate delivery of building projects and also provide Council with better value for money.

The contract term is three (3) years initially with extension options of one plus one (1+1) years at Councils discretion and satisfactory performance. The total value of this Contract (over five years) will be approximately $1,000,000.

A Request For Tender was advertised in the local government tender section of The Age newspaper on Saturday the 12th of November 2016 and closed on Tuesday the 6th of December 2016. The Tender Evaluation Panel has recommended that two consultants be appointed to the panel.

Resolution (CO2017/22)

That:

1. Contract No. 0906-2017 for services design consultants for building projects up to $2 million be awarded for a period of three years to the following panel of consultants at an estimated total cost of $200,000 per year:

a. Opus International Consultants (Aust) Pty Ltd; b. Waterman AHW (Vic) Pty Ltd.

2. Council officers be authorised to extend the contract for a further two years on a year by year basis subject to successful performance of the contractor.

3. The Common Seal of the Banyule City Council be affixed to the contract agreements.

Moved: Cr Wayne Phillips Seconded: Cr Rick Garotti CARRIED

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7.3 REPORT ON PROPERTY TRANSACTIONS FOR THE SIX MONTHS ENDING 31DECEMBER 2016

Mr Dennis O’Connell spoke to the item.

Councillor Di Pasquale left the Chamber at 09:22 pm.

Councillor Di Pasquale returned to the Chamber at 09:24 pm.

EXECUTIVE SUMMARY

At its Ordinary Meeting on 11 July 2016, Council requested to receive six monthly reports identifying all land acquired, transferred, exchanged or sold by Council.

This report provides an update to the Council and the community in circumstances where settlement of land and property transactions occurred in the six month period from 1 July 2016 to 31 December 2016.

This information is updated and presented to Council in February and August in each year, reporting on the land and property transactions that have been finalised and settled within the preceding six month period.

Resolution (CO2017/23)

That:

1. Council notes this report which identifies the land and property acquired, transferred, exchanged or sold by Council in the preceding six months ending on 31 December 2016 as follows:

Land and Property Sold Address Zoning Former

Status/ Land Use

Area m2 Sale Price

219 Southern Road, Heidelberg West

GRZ1 Undeveloped Land

3319 $2.75M

14A Bannerman Avenue, Greensborough

NRZ3 Drainage Reserve

315 $12,500.00

Stage 2, 52 Haig Street, Heidelberg Heights

RGZ Former School Site

11,296 $7.23M

Pimelea Lane (rear of 43 Haig Street, Heidelberg Heights)

GRZ1 Road 22 $5,808.00

2. A further report be presented to Council in August 2017 identifying the land and property acquired, transferred, exchanged or sold by Council in the preceding six months ending 30 June 2017.

Moved: Cr Rick Garotti Seconded: Cr Mark Di Pasquale CARRIED

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7.4 QUARTERLY FINANCIAL MANAGEMENT REPORT - DECEMBER 2016

EXECUTIVE SUMMARY

The Quarterly Financial Management Report for December 2016 is presented in accordance with section 138 of the Local Government Act 1989 which requires statements to Council on the budgeted revenue and expenditure for the financial year with the actual revenue and expenditure to date.

Banyule City Council has forecast to deliver an operating surplus of $5.751m which is $1.177m unfavourable to the adopted budget of $6.928m. The underlying surplus is forecast to be $0.873m. This result is after adjusting for non-recurrent capital grants and capital contributions.

The significant contributions to the forecast variance are:

Favourable –

• $2.187m of Public Open Space contributions (capital), the additional projected income reflects the recent growth in the property development market and the impact of Councils municipal revaluation.

• $1.043m interest income due to additional cash holdings available for investment into term deposits. The additional cash is from proceeds from sale of properties received earlier than budgeted, Capital Works expenditure not incurred as budgeted and carried over into the current year, and investing into longer term deposits for a higher return.

• $0.573m net gain from settlement of 219 Southern Rd Heidelberg West. • $0.245m parking metre income is now forecasted after all Council’s parking metres are

fully operational.

Unfavourable –

• $1.800m non-recurrent capital grant from Sherbourne Rd Early Learning Hub project. After reassessing this project’s construction phasing, both grant income and the first year’s capital expenditure are forecasted to be carried forward to the next financial year.

• $1.384m materials, contracts & services is forecasted across Council as the result of initiative projects and operating grant funded expenditure budgeted in 2015/2016 but now carried over into 2016/2017.

• $0.749m of other expense as the result of reassessing Council’s land tax obligation by the State Revenue Office.

• $0.781m expected variation to budget in parking management net costs whilst transitioning to an outsourced service provider for the first time.

• $0.393m of the Roads to Recovery recurrent grants income for this year will be allocated to future years by the Federal Government. Associated projects will also be postponed.

As at 31 December 2016 the weighted average interest rate of current investments is 2.79%.

Capital Works forecast for the year is projected to be $53.446m which mainly represents the adopted budget of $47.954m, approved capital work carry forwards and adjusted by projects budgeted in 2016/17 which will not commence until 2017/18.

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7.5 ASSEMBLY OF COUNCILLORS

EXECUTIVE SUMMARY

Under the Local Government Act 1989 an Assembly of Councillors is defined as: A meeting of an advisory committee of the Council, if at least one Councillor is present or;

A planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be:

a) the subject of a decision of the Council or; b) subject to the exercise of a function, duty or power of the Council that has been

delegated to a person or committee.

In accordance with Section 80A of the Local Government Act 1989 Council is required to report as soon as possible to an Ordinary Meeting of Council a record of any assemblies of Councillors held. Below is the latest listing of notified assemblies of Councillors held at Banyule City Council.

RECORD OF ASSEMBLIES

1 Date of Assembly: 23 January 2017

Type of Meeting: Councillor Briefing

Matters Considered: Confidential Contractual Matter– One Flintoff Tenancy

Councillors Present: Alison Zandegu Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Peter Castaldo Wayne Phillips

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Tania O’Reilly – Manager Finance & Procurement Russell Darling – Manager Operations

Others Present: Nil

Conflict of Interest: Nil

Resolution (CO2017/24)

That the Financial Management Report for the period 31 December 2016 be received.

Moved: Cr Rick Garotti Seconded: Cr Mark Di Pasquale CARRIED

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2 Date of Assembly: 23 January 2017

Type of Meeting: Councillor Briefing

Matters Considered: • North East Link • Extreme Storm Event – 29 December 2016 • Long Term Finance Plan

Councillors Present: Alison Zandegu Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Peter Castaldo Wayne Phillips

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Communication Tania O’Reilly – Manager Finance & Procurement David Bailey – Transport Advocacy Manager Russell Darling – Manager Operations

Others Present: Nil

Conflict of Interest: Nil

3 Date of Assembly: 30 January 2017

Type of Meeting: Councillor Briefing

Matters Considered: 2.1 Additional signatures to petition against Woolworths Supermarket at 44 Turnham Avenue, Rosanna

3.1 Council Submission to Department of Justice Electronic Gaming Review

4.1 Draft Dumped Rubbish and Litter Plan 5.1 Planning Scheme Amendment C98 -

Rezoning and subdivision at 117 - 123 Bonds Road, Lower Plenty

5.2 Planning Scheme Amendment C108 - Inclusion of Banyule's Integrated Transport Plan and The Heidelberg Central and Bell Street Mall Parking Plan in the Planning Scheme

5.3 Plenty River Drive, Greensborough - Installation of Road Safety Device

5.4 Heritage Overlay Change for Austin Hospital, Heidelberg

6.1 Hughes Street and Deirdre Court, Montmorency - Permanent Road Closure

7.1 Assembly of Councillors 7.2 Contract 0895-2016 - Panel of Printers for

Production of Corporate Documents and Stationery

7.3 Review and Determination of Mayor and Councillor Allowances

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7.4 Contract 0883-2016 - Hire of Plant with Operator

8.1 Sealing of Documents

Councillors Present: Alison Zandegu Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Peter Castaldo Wayne Phillips

Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Marc Giglio – Manager Finance & Procurement Scott Walker – Director City Development Gina Burden – Manager Governance & Communication Kellie O’Shea – Senior Governance Officer Tania O’Reilly – Manager Finance & Procurement David Bailey – Transport Advocacy Manager Russell Darling – Manager Operations Fiona Athersmith – Media & Marketing Communications Officer Joel Elbourne – Manager Urban Planning & Building John Milkins – Environmental Sustainability Coordinator Joseph Tabacco - Manager Property & Economic Development

Others Present: Nil

Conflict of Interest: Nil

Resolution (CO2017/25)

That the Assembly of Councillors report be received.

Moved: Cr Peter Castaldo Seconded: Cr Craig Langdon CARRIED

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7.6 PROPOSED LEASE AND LICENCES ASSOCIATED WITH THE HURSTBRIDGE RAIL LINE DUPLICATION WORKS AND ROSANNA LEVEL CROSSING REMOVAL

Mr Doug Munro and Ms Alicia Curry spoke to the item.

Councillor Phillips left the Chamber at 09:29 pm.

Councillor Phillips returned to the Chamber at 09:31 pm.

EXECUTIVE SUMMARY

The Level Crossing Removal Authority recently announced the formation of the North East Program Alliance (NEPA) who will oversee the duplication of the Hurstbridge Rail line which includes the level crossing removal project at Rosanna.

In readiness for commencing the project in mid-2017, NEPA have approached Council seeking to occupy a range of sites within the vicinity of the rail corridor and proposed works in order to accommodate laydown areas, site sheds and parking provision for workers during the construction phase.

The sites identified by the NEPA for occupation include 1 Stradbroke Avenue, Heidelberg, 2 Stradbroke Avenue, Heidelberg, 27 Manton Street, Heidelberg, 7-11 Cartmell Street, Heidelberg, 44 and Part 56-58 Turnham Avenue, Rosanna and 47-51 Douglas Street, Rosanna and an area of beneath ground-level stratum at the intersection of Darebin Street and Hawdon Street, Heidelberg.

Council is obligated under the Local Government Act 1989 to provide public notice of its intention to enter in a Lease and invite submissions on the proposal before making a decision.

Resolution (CO2017/26)

That Council:

1. Acknowledge that the North East Program Alliance (NEPA) is seeking to enter into new lease and licence agreements in respect of Council-owned land and improvements known as: a. 27 Manton Street, Heidelberg; b. 1 Stradbroke Avenue, Heidelberg; c. 2 Stradbroke Avenue, Heidelberg; d. 44 and Part 56-58 Turnham Avenue, Rosanna & 47-51 Douglas Street, Rosanna; e. Area of Stratum beneath the intersection of Darebin Street and Hawdon Street,

Heidelberg.

2. In accordance with sections 190 and 223 of the Local Government Act 1989 (Act), authorise the commencement of the statutory procedures to give public notice of Council’s intention to grant to NEPA a new Lease and/or Licence and inviting written submissions from the public on the proposal in the “Heidelberg Leader” on 28 February 2017.

3. Receive written submissions on the proposal, and hear from persons who have made a written request to be heard in person or by a party representing them as specified in their submission and in accordance with the Act, at its ordinary meeting of Council on 24 April 2017 beginning at 7.15 pm to be held in the Council Chambers, 275 Upper Heidelberg Road Ivanhoe.

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4. In the event of no submissions being received in respect of the above properties, make a decision to grant a Lease and/or Licence agreement.

5. Authorise the Chief Executive Officer and/or the Director City Development to finalise negotiations to grant new lease and licence agreements to NEPA for the purpose of temporary occupation to facilitate the Hurstbridge Rail Line Upgrade.

6. Sign and seal the necessary documentation at the appropriate time.

Moved: Cr Rick Garotti Seconded: Cr Peter Castaldo CARRIED

8. SEALING OF DOCUMENTS

8.1 SEALING OF DOCUMENTS - TENANCY 4 226 UPPER HEIDELBERG ROAD, IVANHOE

Resolution (CO2017/27)

That the Common Seal of the Banyule City Council be affixed to the Deed of Renewal and Variation of Lease between Banyule City Council and Paul Recinella and Myrto Recinella for the premises at Tenancy 4, 226 Upper Heidelberg Road, Ivanhoe, for the term of five (5) years commencing 19 March 2017 and ending 18 March 2022.

Moved: Cr Peter Castaldo Seconded: Cr Rick Garotti CARRIED

9. NOTICES OF MOTION

9.1 BANYULE JOBS FORUM

Cr Rick Garotti submitted a Notice of Motion.

Mr Brian Grace spoke to the item.

Resolution (CO2017/28)

That Council officers prepare a report on the opportunity for Banyule City Council to host a jobs forum involving major employers based in Banyule.

Moved: Cr Rick Garotti Seconded: Cr Craig Langdon CARRIED

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10. General Business

Cr Craig Langdon attended the annual Buckley Night of the Ivanhoe Grammarian Lodge on the 2nd February 2017. The Buckley Night was held at the Ivalda Masonic Temple.

The Ivanhoe Grammarian Lodge was established by Bro. Rev S.L. Buckley. The Principal of Ivanhoe Grammar School Mr Gerard Foley plus a number of teachers and students were in attendance.

The new CEO of Freemasons Victoria Jane Sydenham-Clarke addressed the meeting about the challenges facing Freemasons and their role in the community.

The Rev Peter Holloway Masonic Scholarship was also awarded to the School to assist a student deemed worthy of support.

Closure of Meeting

The Meeting was closed at 9.46pm.

DATED:........................... DAY OF ........................... 2017

............................................. MAYOR

The next Ordinary Meeting of Council will be held on Tuesday, 14 March 2017.


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