Ordinary Council Minutes 23 June 2014 by Banyule City Council

Ordinary Meeting of Council Council Chambers, Service Centre 275 Upper Heidelberg Road, Ivanhoe 23 June 2014 commencing at 7.45pm

MINUTES

THE MAYOR’S ACKNOWLEDGEMENT OF THE WURUNDJERI PEOPLE ......................... 3 PRESENT ..............................................................................................................................3 APOLOGIES ..........................................................................................................................3 LEAVE OF ABSENCE ...........................................................................................................3 CONFIRMATION OF MINUTES .............................................................................................3 DISCLOSURE OF INTERESTS .............................................................................................3 1. PETITIONS ......................................................................................................................4 1.1 Proposed development (19 units) at No. 59 Cape Street, Heidelberg ..................... 4 2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT ...................................... 5 Nil 3. PLANET – ENVIRONMENTAL SUSTAINABILITY .........................................................5 Nil 4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT................................ 5 4.1 Ivanhoe Primary School - Parking and Traffic Investigation .................................... 5 4.2 Return of the 2014 General Revaluation .................................................................6 4.3 112-120 Burgundy Street, Heidelberg - Consideration of additional level above preferred Heidelberg Structure Plan height .................................................. 7 4.4 Public Open Space Contribution Review............................................................... 11 4.5 Rear of 1045-1059 Heidelberg Road, Ivanhoe - Proposed discontinuance and sale of unused 'road' and drainage reserve .................................................... 12 4.6 Ending of Section 173 Agreement - 27 Parklands Avenue, Briar Hill ..................... 13 5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE ................... 14 5.1 Summary Report of 2014 Banyule Community Satisfaction Survey results ........... 14 5.2 Proposed Budget & City Plan - Consideration of Written Submissions .................. 15 5.3 Adoption of Banyule's City Plan 2013 - 2017 (Year 2) ........................................... 16 6. PERFORMANCE - USE OUR RESOURCES WISELY .................................................. 17 6.1 Adoption of Budget for period 1 July 2014 to 30 June 2015 .................................. 17 6.2 Assembly of Councillors ........................................................................................25

These Minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

MINUTES ORDINARY MEETING OF COUNCIL

23 JUNE 2014

7. SEALING OF DOCUMENTS .........................................................................................27 7.1 Sealing of Documents - Special Rate and Charge Scheme Funding Agreements ..........................................................................................................27 8. NOTICES OF MOTION ..................................................................................................28 8.1 Organ Donation ....................................................................................................28 8.2 Shelter and Rubbish Concerns From Villa Maria Residents .................................. 28 8.3 Proposed Rainbow Ball .........................................................................................29 8.4 Montmorency Railway Station - Car Parking ......................................................... 30 8.5 Potential New Police Station on Southern Road ................................................... 30 8.6 Banyule becoming a Refugee Welcome Zone ...................................................... 31 8.7 Council becoming a signatory to the Joint Statement by Victorian Local Governments on Asylum Seekers ......................................................................... 31 8.8 Mayoral Duties and Attendances .......................................................................... 31 9. GENERAL BUSINESS ..................................................................................................31 10. URGENT BUSINESS.....................................................................................................32 10.1 New Residential Zones - Amendment C100.......................................................... 32 10.2 St Andrews Uniting Church Kindergarten .............................................................. 33 CLOSURE OF MEETING TO THE PUBLIC......................................................................... 33

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

MINUTES ORDINARY MEETING OF COUNCIL

23 JUNE 2014

EXTENSION OF PUBLIC FORUM Resolution That the Public Forum be extended until 8pm Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican

CARRIED

The Meeting opened at 8.09pm.

The Mayorâ&#x20AC;&#x2122;s Acknowledgement of the Wurundjeri People The Mayor read an acknowledgement of the traditional land owners, the Wurundjeri people.

Present Mayor Cr Craig Langdon, Cr Steven Briffa, Cr Wayne Phillips, Cr Mark Di Pasquale, Cr Rick Garotti, Cr Tom Melican, Cr Jenny Mulholland.

Apologies Nil

Leave of Absence Nil

Confirmation of Minutes That the following Minutes be confirmed: Ordinary Meeting of Council held 2 June 2014 Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican

CARRIED

Disclosure of Interests Cr Jenny Mulholland declared an indirect conflict of interest due to conflicting duties in item 5.2 Submissions to the Budget, as her employer is part of the Ivanhoe Traders Association Committee which have made a submission.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

MINUTES ORDINARY MEETING OF COUNCIL

23 JUNE 2014

1. PETITIONS 1.1

PROPOSED DEVELOPMENT (19 UNITS) AT NO. 59 CAPE STREET, HEIDELBERG

SUMMARY A petition with 214 signatures has been received objecting to the application for a planning permit for an apartment building at 59 Cape Street, Heidelberg. The primary petitioner is St John’s Primary School, Heidelberg. This is the second petition Council has received in respect of this application. The petition prayer is as follows: “Petition to object to the building permit for 59 Cape Street, Heidelberg, 3084 Permit Application Number: P1073/13 I/we hereby wish to register my/our objection to the building permit application, P1073/13 for the following reasons: •

• •

•

The western side of the dwelling has windows and balconies that will overlook and have an impeded view of the schoolyard / school sports ground, and gardens; this will of course mean that children can be easily observed. The height of the building will create quite extensive shadowing in the mornings, especially in Winter. This is a student well-being concern. Currently traffic congestion in this vicinity is a major concern; this dwelling will contribute further to this and therefore, increase the safety concerns for both children of St John’s and students attending Our Lady of Mercy College, and their parents. This will also further impact on the activities of St John’s Catholic Parish as it will make it increasingly difficult to find a car park to participate in religious services. The proposed development has limited parking (sixteen for nineteen dwellings – which assumes each tenant only has one car). There is no visitor parking which therefore means an overflow of cars seeking parking in an already limited parking zone. The scale of the building is clearly not in keeping with the surrounding environs – the Church of St John’s, the school, properties at 57 and 59 Cape Street. The proposed building will be approximately one and a half times higher than the buildings on the southern and northern side of the proposed development. The scale of the building overlooking the school yard also a concern.”

The petition has been received from signatories primarily associated with the School. The signatories are largely from Heidelberg, Rosanna, Eaglemont, Ivanhoe and Viewbank, with six being from within close proximity to the site. Resolution (CO2014/155) 1.

That Council receives and notes the petition.

Concerns raised in the petition be considered by officers in assessing the merits of the application.

The primary petitioner be advised accordingly.

Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

MINUTES ORDINARY MEETING OF COUNCIL

23 JUNE 2014

2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT Nil

3. PLANET – ENVIRONMENTAL SUSTAINABILITY Nil

4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT 4.1

IVANHOE PRIMARY SCHOOL - PARKING AND TRAFFIC INVESTIGATION

Mr Kevin Biaggini and Mr Kevan Hill spoke on the item SUMMARY Council at its Meeting on 17 March 2014 considered a Notice of Motion seeking investigation of parking and traffic conditions around East Ivanhoe Primary School including: • •

Possible improvements to the existing ‘pick-up and drop-off’ parking area in Ailsa Grove. The possible re-opening of Tate Street at Ailsa Grove, or other alternative for traffic to exit or turn-around at Ailsa Grove.

In relation to Ailsa Grove, the investigation suggests that the four (4) ‘2 Minute’ drop off and pick up spaces on the south side of the street are inadequate for the current ‘drop-off and pick-up’ demand. Given the above, it is recommended that: •

Two sections of ’1/4 Hour’ parking spaces and two small sections of nature strip area between these parking bays be converted to provide a continuous drop-off and pick-up area, to contribute to a total of approximately 15 (‘2 Minute’) spaces.

In relation to the reopening of Tate Street it is recommended that: • •

Tate Street remains closed as opening would increase the traffic in the street and encourage ‘rat-running’. A rounded cul-de-sac at the Tate Street closure point be installed to reduce reliance on an existing concreted turning space.

Extension of a ‘No Stopping’ zone in front of the school gate in Lowe Street is recommended to improve sightlines for oncoming vehicles at the bend and pedestrians crossing the street in the vicinity of the school gate. A school representative was consulted in relation to the above and the School has indicated that they support the proposals. Ailsa Grove residents were advised of the parking proposals and no objections were received.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

MINUTES ORDINARY MEETING OF COUNCIL

4.1

23 JUNE 2014

IVANHOE PRIMARY SCHOOL - PARKING AND TRAFFIC INVESTIGATION contâ&#x20AC;&#x2122;d

Resolution (CO2014/156) That the item be deferred with the intention to call a meeting with the school council representatives and residents in Ailsa Grove, Lowe Street and Tate Street. Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon

4.2

CARRIED

RETURN OF THE 2014 GENERAL REVALUATION

SUMMARY This report advises Council of the Year 2014 General Revaluation of all rateable and nonrateable fire service leviable properties in the City of Banyule and recommends a copy be provided to the Valuer General and State Revenue Office. Resolution (CO2014/157) That Council: 1.

Receive and adopt for rating purposes the year 2014 General Revaluation of all rateable and non-rateable leviable properties within Banyule City Council pursuant to Section 13DC(1) of the Valuation of Land Act 1960, effective 1 July 2014;

Authorise the City Valuer to provide an official copy of the year 2014 General Revaluation to the Valuer-General together with a declaration that the valuation, comprising all rateable and non-rateable leviable properties identified by Council is the final and complete valuation for the Municipality of Banyule City Council, as at the level of value date 1 January 2014;

Supply to the State Revenue Office for their taxing and rating requirements a copy of the year 2014 General Revaluation in accordance with the Valuation of Land Act 1960.

Moved: Cr Wayne Phillips Seconded: Cr Mark Di Pasquale

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

MINUTES ORDINARY MEETING OF COUNCIL

4.3

23 JUNE 2014

112-120 BURGUNDY STREET, HEIDELBERG - CONSIDERATION OF ADDITIONAL LEVEL ABOVE PREFERRED HEIDELBERG STRUCTURE PLAN HEIGHT

Mr Vaughan Connor Spoke on the item SUMMARY It is proposed to amend the permit to allow for an additional 8 apartments, reduction in car parking, increase in height to accommodate a roof top garden and reduction in street setbacks. It is also proposed to amend conditions of the permit and include new conditions to reflect the amended design. The proposal has been assessed and it is considered that the amendment is an acceptable response as it seeks minor additional encroachments outside the preferred setbacks and heights and is generally consistent with State and Local planning policy. Resolution (CO2014/158) That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves that a Notice of Decision to Grant an Amended Planning Permit be issued in respect of Application No. P705/2009 for buildings and works (associated with a mixed use development), use of the land for dwellings and variation to the standard requirements in relation to car parking and vehicle loading/unloading at 112 – 120 Burgundy Street HEIDELBERG including: Amendments to plans: Alterations to the building to increase the frontage setback of levels 1 and 2, reduce the frontage setback of levels 4 - 8 and the roof level, increase the overall height, reconfigure the layout to increase the number of dwellings from 50 to 58 and reduce the required number of car parking spaces. Delete conditions: 1a, b, e, f, h, I, n, o, p, q, r, s, t, u, x, y, z, aa, bb, cc, dd, ee, ff, gg, hh, ii, ll, mm, nn, 13(b) New conditions: Include new condition 1 requirements as follows: •

• • • •

Provision of detailed design documentation, prepared by a car lift manufacturer, to confirm the operation of the car lift. This documentation must include: o The lift to have minimum dimensions of:  Door width – 3.1 metres  Internal length – 6 metres o The lift speed to be no slower than 0.8m/s and a service rate no slower than 98 seconds during the afternoon peak. o A contingency plan for when the lift is inoperable including during breakdown, maintenance and power outages. All Ecologically Sustainable Design Features as outlined in the ESD report prepared by JBA consulting Engineers, updated in accordance with condition 17; Documentation to confirm the structural ability of the building to support substantial landscaping on the roof terrace and on level 3 balconies; The accessway to have corner splays at the entrance in accordance with clause 52.068 (Design Standard 1 – Accessways); Provision of external storage space for all apartments;

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

MINUTES ORDINARY MEETING OF COUNCIL

23 JUNE 2014

4.3

112-120 BURGUNDY STREET, HEIDELBERG - CONSIDERATION OF ADDITIONAL LEVEL ABOVE PREFERRED HEIDELBERG STRUCTURE PLAN HEIGHT cont’d

•

Alteration to the eastern façade treatment to ensure louvre type structures do not unreasonably reduce natural light to the east facing apartments; An amended Waste Management Plan in accordance with condition 15; An amended ESD report in accordance with condition 17. Apartments 602 and 603 and apartments 702 and 703 to be combined into two twobedroom apartments.

• • •

Amend conditions: Condition 7 (e) The car parking stacker system and lift is operational to the satisfaction of the Responsible Authority. Condition 13 (a) (a)

Details of planting on the roof terrace and within all planter boxes proposed. The roof terrace must be substantially landscaped to provide opportunities for distant views of landscaping when viewed from the surrounding locality. Condition 15 Prior to the commencement of the development, an amended 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) Confirmation of a collection vehicle that can collect directly from the bin storage areas. (b) How waste and recycling materials are to be managed within the site and collected from the subject site; (c) Anticipated frequency, hours and duration of collection(s) having regard to the areas provided for bin storage. (d) How bin storage areas will be maintained to ensure there is no unreasonable emission of odour or noise; Once approved, this management plan must be adhered to by the owner(s), permit holder(s) and operator(s) of the dwellings at all times unless otherwise approved by the responsible authority. Condition 17 Prior to commencement of the development hereby approved, ESD Report/Plan prepared by JBA consulting engineers (dated 3 December 2013) must be amended to the satisfaction of the Responsible Authority. The amended plan must show: • Location and sizing of the rainwater tank including a note that it will be connected to a number of toilets’ • Solar gas boosted hot water system and sizing; • Confirmation that double glazing will be installed through the development; • The features of the roof garden including organic waste (composting/worm farms), provision of native drought tolerant species

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

MINUTES ORDINARY MEETING OF COUNCIL

4.3

23 JUNE 2014

112-120 BURGUNDY STREET, HEIDELBERG - CONSIDERATION OF ADDITIONAL LEVEL ABOVE PREFERRED HEIDELBERG STRUCTURE PLAN HEIGHT cont’d

Condition 19 •

Unless otherwise agreed in writing, prior to the commencement of the use hereby approved, a Car Park Management Plan must be prepared and approved to the satisfaction of the Responsible Authority. Such a plan must clearly identify, although is not limited to outlining: (a)

The allocation of residential parking in basement levels 1 and 2 with all two bedroom dwellings allocated a dedicated parking space

(b)

Unless otherwise agreed in writing, the allocation of parking as follows: (i) 2 spaces to shop 1 at level 1. (ii) 2 spaces to shop 2 at level 1. (iii) 2 spaces to shop 3 at level 1.

(c)

Allocation of a dedicated bicycle space to the dwellings not provided with a parking space.

(d)

Details of a warning light located at the north elevation of level 1.

(e)

Details of the coordination of the warning light with the operation of the automatic door at vehicle egress from the basement access ramp and level 1 car parking area.

(f)

Details as to how the following matters will be brought to the attention of prospective purchasers: (i) That occupants of the dwellings or commercial premises on the land have no entitlement to on-street or off-street parking by way of a resident or trader vehicle parking permit. (ii) That the car stacker system may not accommodate for the parking of all vehicle lengths, widths and heights.

(g)

Procedures in the event of stacker breakdown.

(h)

Procedures in the event of Car Lift breakdown

Amend notes Note J Street Numbering Please note that property addresses are allocated by Council. This is usually formalised at the time of the issue of a certified plan, however it is Council’s intention to number the proposed allotments as follows: Shop 1 Shop 2 Shop 3 Dwelling 1 Dwelling 2 Dwelling 3 Dwelling 4 Dwelling 5

G1 G2 G3 L1 L1 L2 L2 L2

1 2 3 1 2 1 2 3

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

MINUTES ORDINARY MEETING OF COUNCIL

4.3

112-120 BURGUNDY STREET, HEIDELBERG - CONSIDERATION OF ADDITIONAL LEVEL ABOVE PREFERRED HEIDELBERG STRUCTURE PLAN HEIGHT contâ&#x20AC;&#x2122;d Dwelling 6 Dwelling 7 Dwelling 8 Dwelling 9 Dwelling 10 Dwelling 11 Dwelling 12 Dwelling 13 Dwelling 14 Dwelling 15 Dwelling 16 Dwelling 17 Dwelling 18 Dwelling 19 Dwelling 20 Dwelling 21 Dwelling 22 Dwelling 23 Dwelling 24 Dwelling 25 Dwelling 26 Dwelling 27 Dwelling 28 Dwelling 29 Dwelling 30 Dwelling 31 Dwelling 32 Dwelling 33 Dwelling 34 Dwelling 35 Dwelling 36 Dwelling 37 Dwelling 38 Dwelling 39 Dwelling 40 Dwelling 41 Dwelling 42 Dwelling 43 Dwelling 44 Dwelling 45 Dwelling 46 Dwelling 47 Dwelling 48 Dwelling 49 Dwelling 50 Dwelling 51 Dwelling 52 Dwelling 53 Dwelling 54

23 JUNE 2014

L2 L2 L2 L2 L3 L3 L3 L3 L3 L3 L3 L3 L3 L4 L4 L4 L4 L4 L4 L4 L4 L4 L5 L5 L5 L5 L5 L5 L5 L5 L5 L6 L6 L6 L6 L6 L6 L6 L6 L6 L7 L7 L7 L7 L7 L7 L7 L7 L7

4 5 6 7 1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9

/ 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

MINUTES ORDINARY MEETING OF COUNCIL

4.3

23 JUNE 2014

112-120 BURGUNDY STREET, HEIDELBERG - CONSIDERATION OF ADDITIONAL LEVEL ABOVE PREFERRED HEIDELBERG STRUCTURE PLAN HEIGHT cont’d Dwelling 55 Dwelling 56 Dwelling 57 Dwelling 58

L8 L8 L8 L8

1 2 3 4

/ 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg / 120 Burgundy Street, Heidelberg

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

4.4

CARRIED

PUBLIC OPEN SPACE CONTRIBUTION REVIEW

Mr Roger Fyfe and Mr Tony Cardamone spoke on the item SUMMARY This report considers and provides commentary in relation public submissions which have been received to a proposal to seek a public open space contribution of 5% for subdivisions that result in three or more lots. Cr Rick Garotti left the Chamber at 8.37pm. Cr Jenny Mulholland left the Chamber at 8.38pm, and returned at 8.40pm. Cr Rick Garotti returned to the Chamber at 8.42pm. Resolution (CO2014/159) That Council: 1a.

Seek a 5% Public Open Space contribution for all subdivision permits that result in an increase of 2 lots or more, (including an additional 1 lot should it be determined that the lot could be further subdivided) unless the subdivision application was received before 1 July 2014 or there is a related development approval issued prior to 1 July 2014 and; where a lot is deemed able to be further subdivided, Council will, if requested, defer the contribution until the proposed lots are further subdivided.

Prepare an addendum to the current Public Open Space Strategy (2007 – 2012) and the Planning Department’s Fee Schedule to incorporate a rate of 5% for Public Open Space contributions and detail the transitional arrangements.

Consider preparation of a Planning Scheme Amendment to formalise a 5% Public Open Space contribution rate in the schedule to Clause 52.01 of the Banyule Planning Scheme as part of its future Strategic Planning Work Program.

Continue the general review of the Residential Subdivision of Vacant Land Guidelines once there is certainty in relation to the outcome of Planning Scheme Amendment C100 (New Residential Zones).

Moved: Cr Wayne Phillips Seconded: Cr Steven Briffa These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

CARRIED 11

MINUTES ORDINARY MEETING OF COUNCIL

4.5

23 JUNE 2014

REAR OF 1045-1059 HEIDELBERG ROAD, IVANHOE - PROPOSED DISCONTINUANCE AND SALE OF UNUSED 'ROAD' AND DRAINAGE RESERVE

Mr Roger Fyfe spoke on the item SUMMARY To consider the discontinuance and sale of the unused ‘road’ adjacent to the rear of 10451059 Heidelberg Road, Ivanhoe, and the vesting, removal of reserve status and sale of the drainage reserve adjacent to the unused ‘road’. Resolution (CO2014/160) That Council: 1.

Being of the opinion that: a) b)

the unused ‘road’ adjacent to the rear of 1045 – 1059 Heidelberg Road, Ivanhoe (unused ‘road’), is not reasonably required as a ‘road’ for public use; and the drainage reserve land adjacent to the unused ‘road’ (drainage reserve land) is no longer required for the purposes for which it is currently reserved;

Now directs that: (i)

(ii)

(iii)

(iv)

pursuant to Section 206 and Schedule 10 Clause 3 of the Local Government Act 1989 and Sections 207A(a) and 223 of that Act, the statutory procedures be commenced to give public notice, in the “Heidelberg Leader”, of its intention to discontinue the unused ‘road’ and to sell or retain the resultant land for municipal purposes; pursuant to Part 4 of the Planning and Environment Act 1987 and Section 24A of the Subdivision Act 1988, the statutory procedures be commenced to authorise by permit, the vesting of the reserve in Council’s name and the removal of the reservation status from the drainage reserve land; and pursuant to Sections 189 and 223 of the Local Government Act 1989, the statutory procedures be commenced to give public notice, in the “Heidelberg Leader” of its intention to sell or retain the drainage reserve land for municipal purposes following consideration of submissions, Council will decide whether or not to sell the land from the unused ‘road’ and drainage reserve land.

Consider a further report to hear submissions, if any, received in response to the public notices referred to in item 1 above.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

CARRIED

Cr Tom Melican left the Chamber at 9.23pm, and returned at 9.24pm.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

MINUTES ORDINARY MEETING OF COUNCIL

4.6

23 JUNE 2014

ENDING OF SECTION 173 AGREEMENT - 27 PARKLANDS AVENUE, BRIAR HILL

Mr Tony Sadeghian, Mr Roger Fyfe and Ms Roz Wilson spoke on the item SUMMARY This report requests that Council consider whether or not it agrees ‘in principle’ to the ending of a Section 173 agreement (AG737677D) which is an agreement between Council and the owner of 27 Parklands Avenue, Briar Hill. The agreement relates to Planning Permit P177/2009 (2 dwellings) which has expired and is no longer sought to be acted on. The purpose of the agreement is to enable an approved subdivision of the land on the basis that the land created is only developed in accordance with Planning Permit P177/2009. The ending of the agreement is requested by the landowner to facilitate the development of the land in accordance with an alternative Planning Permit P933/2011 issued by the Tribunal following Council’s refusal of this alternative development proposal. Resolution (CO2014/161) That Council: 1.

Pursuant to Section 178A3 of the Planning and Environment 1987, does not agree, ‘in principle’ to the ending of Section 173 Agreement AG737677D dated 7/9/2009 that was registered on the Certificate of Title (Vol 08210, Folio 553) on the grounds that: (a) The ending of the agreement would facilitate an alternative scheme that it is not considered to be appropriate for the site having regard to Council’s Residential Neighbourhood Character Strategy contained in Clause 22.02 of the Banyule Planning Scheme. (b) There has been a change in circumstances with the gazettal of Amendment C68 on 20/6/13 which introduced the revised Residential Neighbourhood Character Strategy.

Notify the applicant in writing of this decision.

Moved: Cr Wayne Phillips Seconded: Cr Steven Briffa

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

CARRIED

MINUTES ORDINARY MEETING OF COUNCIL

23 JUNE 2014

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE 5.1

SUMMARY REPORT OF 2014 BANYULE COMMUNITY SATISFACTION SURVEY RESULTS

SUMMARY This report presents a summary of highlight findings from the Office of Local Government 2014 State Wide Community Satisfaction Survey. This report summarises the key overarching results of the Survey. The report summarises Council’s relative performance against benchmark councils in the Inner Metropolitan area and provides analysis of various demographic groups within Banyule. Resolution (CO2014/162) That the report be noted. Moved: Cr Rick Garotti Seconded: Cr Jenny Mulholland

CARRIED

Cr Jenny Mulholland left the Chamber at 10.10 pm, and returned at 10.12pm.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

MINUTES ORDINARY MEETING OF COUNCIL

5.2

23 JUNE 2014

PROPOSED BUDGET & CITY PLAN - CONSIDERATION OF WRITTEN SUBMISSIONS

Cr Jenny Mulholland declared a conflict of interest in this item and left the Chamber at 10.16pm. Mr Murray Newman, Mr Hesham Mobarek, Mr Stavros Zikou and Mr Andrew Muir spoke on the item. SUMMARY To formally consider written submissions received regarding the Proposed Budget 20142015 and Draft City Plan 2013-2017 (Year 2). At the Council Meeting on 5 May 2014, notice was given for ‘Preparation of the Budget for the period 1 July 2014 to 30 June 2015’ and ‘Preparation of Banyule’s City Plan 2013-2017 (Year 2)’, including notification of the exhibition period for public submissions. This is a statutory requirement under the Local Government Act 1989 and enables members of the community to make a formal submission under section 223 of the Act. Copies of the proposed Budget 2014-2015 and City Plan 2013-2017 (Year 2) were then made available for community comment from 6 May to 4 June 2014. In addition, Banyule advertised a series of Budget information sessions for the Community to enhance the understanding of the Budget make up and the processes involved in making a submission to the Budget and City Plan In order to increase the transparency of the process, a progress report was presented at the 2 June 2014 Council Meeting to inform Council and the community about written submissions received to 5.00pm on 26 May 2014 for the Proposed Budget 2014-2015 and Draft City Plan 2013-2017 (Year 2). Formal submissions were received until close of business 4 June 2014. Late submissions have been provided to Councillors and it is at Council’s discretion whether they will be considered. Late submissions do not receive an “as of right” ability to speak to the Budget or City Plan. However, the opportunity for the community to put forward questions to Council exists at all Banyule’s Council meetings. All eligible submitters have been informed of their right to speak to their submission on the night they are considered by Council. Resolution (CO2014/163) That: 1.

Submissions are received and considered and that no change be recommended to the proposed Budget 2014-2015.

Submissions are received and considered and that no change be recommended to the proposed City Plan 2013-2017 (Year 2).

Submitters be advised of Council’s final resolution regarding the Budget 2014-2015 and City Plan 2013-2017 (Year 2).

Moved: Cr Rick Garotti Seconded: Cr Mark Di Pasquale These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

CARRIED 15

MINUTES ORDINARY MEETING OF COUNCIL

23 JUNE 2014

Cr Jenny Mulholland returned to the Chamber at 10.36pm. 5.3

ADOPTION OF BANYULE'S CITY PLAN 2013 - 2017 (YEAR 2)

SUMMARY This report is presented for the adoption of Banyule’s City Plan for 2013-2017 (Year 2), which strives to achieve Council’s Vision for its community of: Banyule, a green, liveable and prosperous city, sustaining a healthy and engaged community. The City Plan has been out for an extensive period of formal exhibition and for comment on the proposed City Plan. The adoption of this Plan fulfils Council’s obligations and compliance with sections 125 and 126 of the Local Government Act 1989. The City Plan is the Council Plan for the purposes of the Act. This Council Plan is based on information gathered from extensive community consultation, legislative context and evidence of industry best practice. The plan outlines the strategic intent and direction for Banyule City Council and focuses on outcomes significant to our community. It incorporates key initiatives, many of which will occur in 2014-2015. The plan is reviewed annually. All initiatives outlined are matched by a resource allocation through Council’s Annual Budget, either in full or phased over the life of this plan. This strategic intent focuses Council’s efforts in those areas of its direct responsibility. Cr Wayne Phillips left the Chamber at 10.36pm. Resolution (CO2014/164) 1.

That Council, having considered all submissions received and having complied with the requirements of sections 125 and 126 of the Local Government Act 1989, adopt with amendments the Banyule City Council’s City Plan 2013-2017 (Year 2) as attached to this report.

A copy of Banyule’s City Plan 2013-2017 (Year 2) be provided to the Minister for Local Government prior to financial year-end (ie. 30 June 2014)

That the submitters be advised that Council has considered their submissions relating to Banyule City Council’s City Plan 2013-2017 (Year 2) and that they be thanked for their contributions.

Moved: Cr Tom Melican Seconded: Cr Rick Garotti

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

MINUTES ORDINARY MEETING OF COUNCIL

23 JUNE 2014

6. PERFORMANCE - USE OUR RESOURCES WISELY 6.1

ADOPTION OF BUDGET FOR PERIOD 1 JULY 2014 TO 30 JUNE 2015

Beverley Moss and Mr Alan Leenaerts spoke on the item SUMMARY This report is presented for the adoption of Banyule’s Budget for 2014-2015 (in accordance with Section 130 of the Local Government Act 1989). The budget is set in a manner that allows the resources of the community to be allocated prudently. This delivers on Council’s efforts to achieve its Vision for the community of: Banyule, a green, liveable and prosperous city, sustaining a healthy and engaged community. The adoption of this budget will fulfil Council’s compliance with sections 127 and 130 of the Local Government Act 1989, and incorporates prior consideration of public submissions to the exhibited proposed Budget at a Council Meeting on Monday, 23 June 2014 (these submissions have been presented under the cover of a separate report). The development of the Budget 2014-2015 was based on information gathered from extensive community consultation, within a defined legislative context and has been based on industry best practice accounting standards. The Budget is developed and supported by current policy and responds in a direct way to the expressed needs of the community as outlined in the City Plan. Council is required to make informed decisions on behalf of its community for the sustainable governance of the municipality. These decisions are based on sound, considered and prudent financial management basis. The setting of the budget, the levels of service provided, and the careful stewardship of the community’s assets are paramount in the establishment of this budget. Council’s Budget 2014-2015 responds to the community priorities for Banyule. The City Plan 2013-2017 (Year 2) sets a clear strategic direction for Council and ensures we continue to deliver the right services in the right way in response to the community’s expressed needs. The Budget will ensure Council’s finances remain sustainable and that appropriate resources are allocated to meet the services and capital requirements of the City. This budget responds to the strategic intent and direction for Banyule City Council over the life of the City Plan 2013-2017. Cr Wayne Phillips returned to the Chamber at 10.38pm. Resolution (CO2014/165) 1.

That Council having considered all submissions received and having complied with the requirements of sections 127 and 130 of the Local Government Act 1989, adopt the Budget 2014-2015 without change as attached.

The Council give public notice of the adoption of such budget.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

MINUTES ORDINARY MEETING OF COUNCIL

23 JUNE 2014

6.1

ADOPTION OF BUDGET FOR PERIOD 1 JULY 2014 TO 30 JUNE 2015 contâ&#x20AC;&#x2122;d

That the submitters be advised that Council has considered their submissions relating to the Banyule City Council Budget 2014-2015, the outcome of the consideration as it relates to their specific submission is conveyed to them and that they be thanked for their contributions.

To formally declare the Rates Levies and Annual Service Charges for the 2014/2015 rating year as follows: a) Declaration of Rates and Charges In accordance with section 158 of the Local Government Act 1989, the following rates and charges are declared for the rating year commencing 1 July 2014 and ending 30 June 2015. b) Amount Intended to be Raised An amount of $85,080,003 (or such other amount as is lawfully raised as a consequence of this Resolution), be declared as the amount which Council intends to raise by general rates, service charges and the municipal charge as follows: General Rates Municipal Charge

$78,494,356 $6,585,647

The service charges be in the sums as specified in Appendix D of the Council Budget 2014/2015. 5.

General Rates

5.1 5.2

A general rate be declared in respect of the 2014/2015 Financial Year. It be further declared that, consistent with the City Plan and having regard to the considerations outlined in the Budget for the 2014/2015 financial year, the general rate be raised by the application of differential rates. A differential rate be respectively declared for rateable land having the characteristics specified below, which will form the criteria for each differential rate so declared:

5.3

5.3.1 Residential Vacant Land Any land on which no dwelling is erected, but which, by reason of its locality and zoning under the Banyule Planning Scheme, would, if developed, be or be likely to be used primarily for residential purposes. 5.3.2 Commercial or Industrial Vacant Land Any land on which no building is erected, but which, by reason of its locality and zoning under the Banyule Planning Scheme, would, if developed, be or be likely to be used primarily for commercial or industrial purposes. 5.3.3 Commercial or Industrial Improved Land Any land which is used, designed or adapted to be used primarily for commercial or industrial purposes. 5.3.4 Other Land (including Residential Improved Land) Any land which is not residential vacant land, commercial or industrial vacant land or commercial or industrial improved land.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

MINUTES ORDINARY MEETING OF COUNCIL

23 JUNE 2014

6.1

ADOPTION OF BUDGET FOR PERIOD 1 JULY 2014 TO 30 JUNE 2015 cont’d

5.4

Each differential rate will be determined by multiplying the Capital Improved Value (CIV) of each rateable land (categorised by the characteristics described in paragraph 5.3 of this Resolution) by the relevant percentages indicated in the following table: CATEGORY Residential Vacant Land

Commercial or Industrial Vacant Land Commercial or Industrial Improved Land Other Land (including Residential Improved Land)

5.5

% 0.330994% (or 0.00330994 cents in the dollar of Capital Improved Value) 0.429067% (or 0.00429067 cents in the dollar of Capital Improved Value) 0.306476% (or 0.00306476 cents in the dollar of Capital Improved Value) 0.245181% (or 0.00245181 cents in the dollar of Capital Improved Value)

It be recorded that Council considers that each differential rate will contribute to the equitable and efficient carrying out of Council functions, and that: 5.5.1 the respective objectives of each differential rate be those specified in the Schedule of this Resolution; and 5.5.2 the respective types or classes or land which are subject to each differential r ate be those defined in the Schedule to this Resolution; and 5.5.3 the respective uses and levels of each differential rate in relation to those respective types or classes of land be those described in the Schedule to this Resolution; and 5.5.4 the relevant (a)

uses of;

(b)

geographical locations of; and

(c)

planning scheme zoning of; and

(d)

types of buildings on the respective types or classes or land be those identified in the Schedule to this Resolution.

5.6

It be confirmed that no amount is fixed as the minimum amount payable by way of general rate in respect of each rateable land within the Municipal district.

5.7

In accordance with Section 4 of the Cultural and Recreational Lands Act 1963, the amount of rates payable in respect of each of the rateable lands to which that Act applies be the amounts fixed hereunder: • • • •

1 Vasey Street Ivanhoe 54 Cleveland Avenue Lower Plenty 8 Main Road Lower Plenty 540 The Boulevard Ivanhoe East

$18,206.16 $15,621.46 $33,364.22 $708.47

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

MINUTES ORDINARY MEETING OF COUNCIL

23 JUNE 2014

6.1

ADOPTION OF BUDGET FOR PERIOD 1 JULY 2014 TO 30 JUNE 2015 contâ&#x20AC;&#x2122;d

Rebates It be recorded that Council grants no rebate or concession in accordance with Section 169(1) of the Local Government Act 1989.

Incentives No incentives be declared as the incentives to be given by Council for the payment of general rates before the dates fixed or specified for their payment under Section 168 of the Local Government Act 1989.

10.

Service Charges 8.1

Service charges be declared in respect of the 2014/2015 Financial Year.

8.2

Service charges be declared for the non-standard collection and disposal of refuse from or in respect of rateable land; and the collection and disposal of refuse from or in respect of non-rateable land.

8.3

The service charges be in the sums as specified in Appendix D of the Council Budget 2014/2015.

Municipal Charge 9.1

A municipal charge of $126.94 be declared in respect of the 2014/2015 financial year.

9.2

The municipal charge be declared for the purpose of covering some of the administrative costs of Council.

Interest Rate Council will, subject to Section 172 of the Local Government Act 1989, require a person to pay interest on any rates and charges which: 1. 2.

that person is liable to pay; and have not been paid by the dates specified for their payment.

The penalty interest rate is 11.50% per annum as set by the Attorney-General under the Penalty Interest Rates Act 1983, effective from 1 July 2014. 11.

Payment Options The general rates, service charges and municipal charge must be paid by four instalments on or before dates fixed under Section 167 of the Local Government Act 1989.

12.

Consequential The Revenue Services Co-ordinator of Council be authorised to levy and recover the general rates, service charges and municipal charge in accordance with the Local Government Act 1989.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

MINUTES ORDINARY MEETING OF COUNCIL

6.1

23 JUNE 2014

ADOPTION OF BUDGET FOR PERIOD 1 JULY 2014 TO 30 JUNE 2015 cont’d

Residential Vacant Land Objective: To encourage the development of land for residential purposes; and to ensure that such rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council, including the 1. 2. 3. 4. 5.

Implementation of good governance and sound financial stewardship; and Construction, renewal, upgrade, expansion and maintenance of infrastructure assets; and Development and provision of health, environmental, conservation, leisure, recreation, youth and family community services; and Provision of strategic and economic management, town planning and general support services; and Promotion of cultural, heritage and tourism aspects of Council’s municipal district.

Types and Classes: Any rateable land on which no dwelling is erected but which, by reason of its locality and zoning under the Banyule Planning Scheme, would, if developed, be or be likely to be used primarily for residential purposes. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure and Capital Works described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the Banyule Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the relevant Banyule Planning Scheme. Commercial or Industrial Vacant Land Objective: To encourage the development of land for commercial or industrial purposes; and to ensure that such rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council, including the: 1. 2. 3. 4. 5.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

MINUTES ORDINARY MEETING OF COUNCIL

6.1

23 JUNE 2014

ADOPTION OF BUDGET FOR PERIOD 1 JULY 2014 TO 30 JUNE 2015 contâ&#x20AC;&#x2122;d

Types and Classes: Any rateable land on which no dwelling is erected but which, by reason of its locality and zoning under the Banyule Planning Scheme, would, if developed, be or be likely to be used primarily for commercial or industrial purposes. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure and Capital Works described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the Banyule Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the Banyule Planning Scheme. Commercial or Industrial Improved Land Objective: To ensure that such rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council having regard to the capacity of such land to be used to yield income and the demands such land makes on Council's infrastructure. These functions include the: 1. 2. 3. 4. 5.

Types and Classes: Any rateable land which is used, or designed or adapted to be used, primarily for commercial or industrial purposes. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure and Capital Works described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

MINUTES ORDINARY MEETING OF COUNCIL

6.1

23 JUNE 2014

ADOPTION OF BUDGET FOR PERIOD 1 JULY 2014 TO 30 JUNE 2015 contâ&#x20AC;&#x2122;d

Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the Banyule Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the Banyule Planning Scheme. Types of Buildings: All buildings which are now constructed on the land or which are constructed prior to the expiry of the 2013/2014 Financial Year. Other Land (Including Residential Improved Land) Objective: To ensure that such rateable land makes an equitable financial contribution to the cost of carrying out the functions of Council, having regard to the relative benefits derived from the carrying out of such functions. Those functions include the: 1. 2. 3. 4. 5.

Types and Classes: Any rateable land which is not Residential Vacant Land, Commercial or Industrial Vacant Land or Commercial or Industrial Improved Land. Use and Level of Differential Rate: The differential rate will be used to fund some of those items of expenditure and Capital Works described in the Budget adopted by Council. The level of the differential rate is the level which Council considers is necessary to achieve the objectives specified above. Geographic Location: Wherever located within the municipal district. Use of Land: Any use permitted under the Banyule Planning Scheme. Planning Scheme Zoning: The zoning applicable to each rateable land within this category, as determined by consulting maps referred to in the Banyule Planning Scheme.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

MINUTES ORDINARY MEETING OF COUNCIL

6.1

23 JUNE 2014

ADOPTION OF BUDGET FOR PERIOD 1 JULY 2014 TO 30 JUNE 2015 cont’d

Types of Buildings: All buildings which are now constructed on the land or which are constructed prior to the expiry of the 2013/2014 Financial Year. Cultural and Recreational Land Objective: To ensure that the promotion of cultural, heritage and recreational activity occurs within Council’s municipal district and that this is supported in a way that encourages appropriate activity and development. Council has considered the service utilised by the lands and the benefit these lands provide to the community by consideration of their cultural or recreational land use, as required under the Cultural and Recreational Lands Act 1963. Types and Classes: Under the provisions of the Cultural and Recreational Lands Act 1963, the Council levies an amount in lieu of rates payable in respect of cultural and recreational lands. This is land which is not Residential Vacant Land, Commercial or Industrial Vacant Land or Commercial or Industrial Improved Land, which is specifically set aside for the use of cultural and recreational pursuits whereby the members do not derive a financial benefit or profit from the activities. The Cultural and Recreational Lands Act 1963 effectively provides for properties used for outdoor activities to be differentially rated unless it involves land that is being leased from a private landowner. The discretion of whether to provide a cultural and recreational lands rate rests with Council. The amount in lieu of rates payable in respect of each rateable land to which the Cultural and Recreational Land rate applies is determined by multiplying the Capital Improved Value of that rateable land by 0.00205952. Moved: Cr Rick Garotti Seconded: Cr Tom Melican Cr Wayne Phillips foreshadowed an alternative recommendation Seconded: Cr Steven Briffa “That Council having considered all submissions received and having complied with the requirements of sections 127 and 130 of the Local Government Act 1989, amend the Budget 2014-2015 to reduce the proposed rate increase from 7.95% to 6.35% by reducing expenditure from operational and new income from: • • • • • • •

Additional income from signage Additional income from leases Reduce expenditure from Community Grants Increased revenue from Parking enforcement Reduced expense from proposed staffing Increased revenue from parking ticket machine Increased Public Open Space contributions”

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

MINUTES ORDINARY MEETING OF COUNCIL

6.1

23 JUNE 2014

ADOPTION OF BUDGET FOR PERIOD 1 JULY 2014 TO 30 JUNE 2015 contâ&#x20AC;&#x2122;d

The foreshadowed motion was put Cr Wayne Phillips called for a division: FOR:

Cr Steven Briffa, Cr Wayne Phillips

AGAINST:

Cr Mark Di Pasquale, Cr Rick Garotti, Cr Tom Melican, Cr Jenny Mulholland, Cr Craig Langdon

The Chairperson declared the motion

LOST

The former motion became the substantive motion and was put. Cr Wayne Phillips called for a division: FOR:

Cr Mark Di Pasquale, Cr Rick Garotti, Cr Tom Melican, Cr Jenny Mulholland, Cr Craig Langdon

AGAINST:

Cr Steven Briffa, Cr Wayne Phillips

The Chairperson declared the motion

CARRIED

Cr Rick Garotti left the Chamber at 11.40pm and did not return.

6.2

ASSEMBLY OF COUNCILLORS

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 bea) 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.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

MINUTES ORDINARY MEETING OF COUNCIL

6.2

23 JUNE 2014

ASSEMBLY OF COUNCILLORS cont’d

RECORD OF ASSEMBLIES 1

Date of Assembly:

2 June 2014

Type of Meeting:

Councillor Briefing

Matters Considered:

Items on the Council Agenda for the Ordinary Meeting of 2 June 2014 (excluding confidential items) as listed below. 1.1 Proposed Development (3 dwellings) at 10 Avoca Street, Heidelberg 2.1 Draft Electronic Gaming Machine Policy 2014 Achieving Permanent Planning Controls for Substantial Trees in Banyule's Garden Court and Garden Suburban Neighbourhoods 4.1 Amendment C71 - Corrections to Banyule Planning Scheme 4.2 Banyule Rights of Way Policy and Strategy 5.1 Summary of Proposed Budget & City Plan Written Submissions 5.2 Municipal Association of Victoria (MAV) State Council May 2014 6.1 Operating Financial Report for Period Ended 30 April 2014 6.2 Assembly of Councillors 7.1 Sealing of Documents 8.1 Planning of Ford Park, Bellfield 8.2 Food Quality Assurance Equipment for Somalia 8.3 Outdoor Advertising Opportunities General Business Cartledge Reserve and Heidelberg Stars Soccer Club

Councillors Present:

Staff Present:

Discussion regarding new Planning Zones. Steven Briffa Mark Di Pasquale Risk Garotti Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips

Others Present:

Simon McMillan, Chief Executive Officer Allison Beckwith, Director – Community Programs Scott Walker, Director – City Development Geoff Glynn, Director – Assets & City Services Keith Yeo, Director – Corporate Services Gina Burden, Manager – Governance, Information and Laws Vivien Ferlaino – Governance and Information Co-ordinator Cindy Ho, Governance Officer Joel Elbourne, Manager - Development Services Giovanna Failla – Manager - Youth & Family Services David Bailey, Engineering Services Co-ordinator Peter Utri , Manager - Organisational Performance Nil

Conflict of Interest:

Nil

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

MINUTES ORDINARY MEETING OF COUNCIL

6.2

23 JUNE 2014

ASSEMBLY OF COUNCILLORS contâ&#x20AC;&#x2122;d

Resolution (CO2014/166) That the Assembly of Councillors report be received. Moved: Cr Jenny Mulholland Seconded: Cr Mark Di Pasquale

CARRIED

7. SEALING OF DOCUMENTS 7.1

SEALING OF DOCUMENTS - SPECIAL RATE AND CHARGE SCHEME FUNDING AGREEMENTS

Resolution (CO2014/167) That the Common Seal of the Banyule City Council be affixed to the following documents: 1.

Funding Agreement between Banyule City Council and Bell Street Mall Traders Association Incorporated for the period commencing 1 July 2014 and ending 30 June 2015;

Funding Agreement between Banyule City Council and Eaglemont Village Traders Inc for the period commencing 1 July 2014 and ending 30 June 2017;

Funding Agreement between Banyule City Council and East Ivanhoe Business Association for the period commencing 1 July 2014 and ending 30 June 2018;

Funding Agreement between Banyule City Council and Greensborough Chamber of Commerce for the period commencing 1 July 2014 and ending 30 June 2017;

Funding Agreement between Banyule City Council and Heidelberg Central Traders Association for the period commencing 1 July 2014 and ending 30 June 2021;

Funding Agreement between Banyule City Council and Ivanhoe Traders Association for the period commencing 1 July 2014 and ending 30 June 2018;

Funding Agreement between Banyule City Council and Lower Plenty Traders Association for the period commencing 1 July 2014 and ending 30 June 2018;

Funding Agreement between Banyule City Council and Macleod Village Traders Association for the period commencing 1 July 2014 and ending 30 June 2017;

Funding Agreement between Banyule City Council and Montmorency Traders Association for the period commencing 1 July 2014 and ending 30 June 2017;

10.

Funding Agreement between Banyule City Council and Rosanna Traders Association for the period commencing 1 July 2014 and ending 30 June 2020;

11.

Funding Agreement between Banyule City Council and Watsonia Traders Association for the period commencing 1 July 2014 and ending 30 June 2017.

Moved: Cr Tom Melican Seconded: Cr Mark Di Pasquale

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

CARRIED

MINUTES ORDINARY MEETING OF COUNCIL

23 JUNE 2014

8. NOTICES OF MOTION 8.1

ORGAN DONATION

Mr Kevin Biaggini spoke on the item Cr Craig Langdon submitted a Notice of Motion Resolution (CO2014/168) That Banyule Council supports and promotes the issue of organ donation on a regular basis through its publications, information displays and any Council event where customer services are present and have a display. Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon

8.2

CARRIED

SHELTER AND RUBBISH CONCERNS FROM VILLA MARIA RESIDENTS

Cr Rick Garroti submitted a Notice of Motion Resolution (CO2014/169) That: 1.

Council formally acknowledges the desire from some local residents at the Villa Maria aged care facility on Plenty Road in Bundoora for a bus shelter and rubbish bin at the bus stop outside of the facility;

Council formally writes to the State Government on the potential for them to provide funding to cover both the upfront and ongoing costs of a bus shelter at the site. Council should also write to Mr Colin Brooks MP (local State MP) for his views;

Council notes feedback from residents that some of the rubbish strewn around the bus stop appears to be generated by students at Parade College as they wait for afternoon bus services at the end of the school day;

Council organises a meeting with interested local residents and representatives from Parade College to explore how the College might be able to work with Council to reduce potential littering from its students. An invitation to this meeting should be extended to Mr Colin Brooks MP as a courtesy;

Council clear the footpath and nature strip from Parade College down to the next intersection in Bundoora of rubbish noting that the ultimate goal of Council is to work on a long-term solution to rubbish littering with Parade College; and

At the conclusion of these activities, Council formally writes to interested residents at Villa Maria to provide complete details on the outcomes of the extensive investigations that Council officers would have undertaken to explore the feasibility of installing a bus shelter and rubbish at the bus stop.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

MINUTES ORDINARY MEETING OF COUNCIL

8.2

23 JUNE 2014

SHELTER AND RUBBISH CONCERNS FROM VILLA MARIA RESIDENTS contâ&#x20AC;&#x2122;d

This letter should: (i) (ii) (iii)

(iv)

recognise the previous investment that Council made in installing a bus seat at the site detail the upfront and ongoing costs that Council would incur to install and maintain a bus shelter report on the feedback received from State Parliamentary representatives regarding the potential for State Government funding of the installation and maintenance of a bus shelter report on the outcomes of the meeting with Parade College representatives regarding how the College might be able to work with Council to reduce potential littering from its students.

Moved: Cr Steven Briffa Seconded: Cr Mark Di Pasquale

8.3

CARRIED

PROPOSED RAINBOW BALL

Cr Craig Langdon submitted a Notice of Motion Resolution (CO2014/170) That Council give consideration to establishing an annual event at the Centre Ivanhoe as part of support of the GLBTI (Gay Lesbian Bisexual Transgender Intersex) community. The function would be an annual "Rainbow event". Council Officers investigate: a)

support and planning for the event within the community and in particular the GLBTI community.

possible sponsorship and support from other local government areas, the business community, GLBTI community, agencies, support groups and community organisations

fundraising possibilities of the event for a GLBTI charity or agency

how to best manage the annual event giving consideration to staff resources, Council's diary of events, management of the event, possible Council budgetary implications, etc.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

CARRIED

MINUTES ORDINARY MEETING OF COUNCIL

8.4

23 JUNE 2014

MONTMORENCY RAILWAY STATION - CAR PARKING

Cr Steven Briffa submitted a Notice of Motion Resolution (CO2014/171) That Council: 1.

Investigate options to create additional parking in Station Road and Mayona Road in the vicinity of Montmorency Railway Station, including vacant land on the corner of Mountain View Road and Mayona Road, in a cost effective manner.

Write to the railway authority VicTrack and the Department of Transport, Planning and Local Infrastructure seeking funding opportunities for options identified as above.

Moved: Cr Steven Briffa Seconded: Cr Mark Di Pasquale

8.5

CARRIED

POTENTIAL NEW POLICE STATION ON SOUTHERN ROAD

Cr Craig Langdon submitted a Notice of Motion Resolution (CO2014/172) That Council 1.

Write to the State Government and State Opposition strongly urging them to give serious consideration to building a new Police Station on the Southern Road site currently used by the Olympic Adult Education and Olympic Combined Pensioners should the second phase the Olympic Village Learning Hub progress and the existing Southern Road building is in surplus.

Notes the Victoria Police Blue Paper which supports "supersites" makes the proposed location feasible as it could also house a much needed new Ambulance Facility in the south of the City of Banyule.

Further notes that a new "supersite" facility with Police and the Ambulance Service would greatly complement the Northland Structure Plan which envisages up to 7000 new residential properties within the plan. The Northland Structure Plan is in keeping with the both the previous and current State Government plan for Melbourne.

Advertise and conduct a community forum at either the Olympic Leisure Centre or Banyule Community Health Centre to outline the Olympic Village Learning Hub and this proposal with local residents. That all known candidates at the next State Election be invited to attend.

Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

MINUTES ORDINARY MEETING OF COUNCIL

8.6

23 JUNE 2014

BANYULE BECOMING A REFUGEE WELCOME ZONE

Cr Tom Melican submitted a Notice of Motion Resolution (CO2014/173) That Council: 1.

Agree to become a Refugee Welcome Zone as a part of the Refugee Council of Australiaâ&#x20AC;&#x2122;s initiative and

Hold a small event to recognise becoming a Refugee Welcome Zone.

Moved: Cr Tom Melican Seconded: Cr Mark Di Pasquale

8.7

CARRIED

COUNCIL BECOMING A SIGNATORY TO THE JOINT STATEMENT BY VICTORIAN LOCAL GOVERNMENTS ON ASYLUM SEEKERS

Cr Rick Garroti submitted a Notice of Motion Resolution (CO2014/174) That Council sign the Joint Statement by Victorian Local Governments on Asylum Seekers. Moved: Cr Tom Melican Seconded: Cr Mark Di Pasquale

8.8

CARRIED

MAYORAL DUTIES AND ATTENDANCES

Cr Craig Langdon submitted a Notice of Motion Resolution (CO2014/175) That Council notes the 6 month report from the Mayor on the meetings he has attended. Moved: Cr Jenny Mulholland Seconded: Cr Craig Langdon

CARRIED

9. GENERAL BUSINESS Nil

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

MINUTES ORDINARY MEETING OF COUNCIL

23 JUNE 2014

10. URGENT BUSINESS 10.1 NEW RESIDENTIAL ZONES - AMENDMENT C100 Resolution That Council consider an item of Urgent Business regarding new Residential Zones. Moved: Cr Jenny Mulholland Seconded: Cr Mark Di Pasquale

CARRIED

Explanation In mid-2013 the Government released three new residential zones. Councils were then requested to prepare and give their proposals for these zones, before the Government’s deadline on 1 July 2014. These zones are the Neighbourhood Residential Zone (NRZ), General Residential Zone (GRZ) and the Residential Growth Zone (RGZ). Resolution (CO2014/176) That Council continue to pursue its proposed residential zones as described in Amendment C100 submitted to the Minister by formalising zone boundaries and ‘neutral conversion’ elements within schedules; then proceed as a matter of urgency to a future process to define new elements of schedules in a second stage. Moved: Cr Wayne Phillips Seconded: Cr Steven Briffa

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014

MINUTES ORDINARY MEETING OF COUNCIL

23 JUNE 2014

10.2 ST ANDREWS UNITING CHURCH KINDERGARTEN Resolution That Council consider an item of Urgent Business regarding St Andrews Uniting Church Kindergarten. Moved: Cr Steven Briffa Seconded: Cr Mark Di Pasquale

CARRIED

Explanation Lentara Uniting Care informed Banyule City Council late last week of its intention to close St Andrew’s Uniting Church Kindergarten in Montmorency at the end of the year unless there is an increased demand for 3 and 4 year old kindergarten enrolments for 2015. Resolution (CO2014/177) That Council 1.

Continue to be in regular communication with Lentara Uniting Care in regard to St Andrew’s Uniting Church Kindergarten with initial contact to occur this week and;

Advocate on behalf of St Andrew’s Uniting Church Kindergarten to help ensure its continuation of its 3 and 4 year old programs in 2015.

Moved: Cr Steven Briffa Seconded: Cr Mark Di Pasquale

CARRIED

Closure of Meeting to the Public That in accordance with Section 89(2) of the Local Government Act 1989, Council close the Meeting to members of the public and adjourn for five minutes to allow the public to leave the Chamber prior to considering confidential items 11.1, 11.2, 11.3 and 11.4. Moved: Cr Mark Di Pasquale Seconded: Cr Steven Briffa

CARRIED

The Meeting was adjourned at 12.04pm.

The Meeting was closed to the public at 12.09pm.

DATED:........................... DAY OF ........................... 2014

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

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 7 July 2014