Banyule City Council Ordinary Meeting Minutes 27 June 2016

Ordinary Meeting of Council Council Chambers, Service Centre 275 Upper Heidelberg Road, Ivanhoe 27 June 2016 commencing at 7.45pm

MINUTES PRESENT .............................................................................................................................. 3 APOLOGIES & LEAVE OF ABSENCE ................................................................................. 3 CONFIRMATION OF MINUTES ............................................................................................. 3 DISCLOSURE OF INTERESTS ............................................................................................. 3 1. PETITIONS ...................................................................................................................... 4 4.3 44 Turnham Avenue, Rosanna - Proposed Supermarket (P1260/15) ..................... 4 1.1 Petition regarding the Residential Parking Permit Scheme ................................... 13 2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT .................................... 13 Nil 3. PLANET – ENVIRONMENTAL SUSTAINABILITY ....................................................... 13 Nil 4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT.............................. 14 4.1 Analysis of Proposed Traffic and Car Parking Initiatives around Loyola College, Watsonia ................................................................................................. 14 4.4 Use and development of land at 29 Howard Street and 2-6 Stubley Court, Greensborough, for a Car Park ............................................................................. 15 8.4 Road and drainage improvements of Bonds Road, Lower Plenty.......................... 20 8.6 Tree Removal Process on Road Reserves ........................................................... 21 8.7 Tribute to Eric Rosario .......................................................................................... 21 4.2 Managing Construction Activity associated with Large Development Sites ........... 21 4.5 Banyule Surveillance Policy .................................................................................. 22 5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE ................... 23 Nil 6. PERFORMANCE - USE OUR RESOURCES WISELY .................................................. 23 6.1 Somers Avenue, Macleod - Review of paid parking system .................................. 23 6.2 Kindergartens - Proposed Leases ......................................................................... 24 6.3 Rear 7A Curzon Street, Ivanhoe - Proposed licence of Council land ..................... 26 6.4 Items for Noting .................................................................................................... 26 6.5 Assembly of Councillors ........................................................................................ 27

These Minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

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MINUTES ORDINARY MEETING OF COUNCIL

6.6

27 JUNE 2016

Submission to the Minister for Planning in relation to the proposed Planning and Environment (Fees) Regulations and Subdivision (Fees) Regulations ........... 31

7. SEALING OF DOCUMENTS ......................................................................................... 32 7.1 Sealing of Documents ........................................................................................... 32 8. NOTICES OF MOTION .................................................................................................. 32 8.1 Hurstbridge Line Upgrade – Lower Plenty Road Level Crossing Rosanna ............ 32 8.2 Access to Anthony Beale Reserve ........................................................................ 33 8.3 Banyule Horse Riders ........................................................................................... 34 8.5 Garage Sale Trail .................................................................................................. 34 8.8 Bell Street Mall - CCTV Upgrade .......................................................................... 34 9. GENERAL BUSINESS .................................................................................................. 35 9.1 Community Leadership Day - Cyril Cummins Reserve Planting – Bellfield ............ 35 9.2 Olympic Parkland Masterplan ............................................................................... 35 9.3 Green Army .......................................................................................................... 35 9.4 Mary Immaculate Art Show ................................................................................... 35 9.5 Banyule Arts - HATCH .......................................................................................... 35 9.6 Future Notice of Motion ......................................................................................... 35 CLOSURE OF MEETING ..................................................................................................... 36

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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

MINUTES ORDINARY MEETING OF COUNCIL

27 JUNE 2016

The Meeting opened at 7.52pm.

Acknowledgement of the Traditional Owner, the Wurundjeri willam people The Mayor read an acknowledgement of the traditional land owners, the Wurundjeri willam 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 & Leave of Absence Nil

Confirmation of Minutes That the following Minutes be confirmed: Ordinary Meeting of Council held 14 June 2016 Moved: Cr Jenny Mulholland Seconded: Cr Mark Di Pasquale

CARRIED

Disclosure of Interests Nil

PROCEDURAL MOTION That the Order of Business be amended so that items 4.3, 1.1, 4.1, 4.4, 8.4 and 8.6 be considered prior to proceeding with the Agenda as listed to allow for speakers.

Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

CARRIED

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MINUTES ORDINARY MEETING OF COUNCIL

27 JUNE 2016

1. PETITIONS See Procedural Motion after Disclosure of Interests.

4.3

44 TURNHAM AVENUE, ROSANNA - PROPOSED SUPERMARKET (P1260/15)

Ms Alicia Curry, Mr Brian Julius, Mr John Chrystie, Mr Robert Jolly, Mr Michael Seymour, Mr Daniel Kaegi, Mr Dennis O’Connell, Mr Rod Thomas, Mr John Gilbert, Mr Stephen Paul, Mr Anthony Carbines MP, Ms Gilda May, Mrs Wendy Drowley, Ms Jane Crone and Ms Mary O’Dea spoke to the item.

EXECUTIVE SUMMARY Having been assessed against the relevant planning policy, an application for the use and development of a Woolworths Supermarket with undercroft car parking at 44 Turnham Avenue, Rosanna, together with a reduction in onsite car parking and removal of one tree is considered appropriate.

Advertised by way of two signs being erected on the site, along with letters and flyers being circulated to nearby residents and stakeholders, drawing attention to the application, at the time of writing this report, a total of 129 objections were received.

It is considered that the application should be supported subject to conditions that improve the amenity of surrounding residents and the Heidelberg Theatre Company, as well as provide for appropriate tree protection measures for retained trees on site, and nearby on adjoining properties.

It is also considered necessary for Council to finalise plans for the provision of car parking and pedestrian access works, confirm timing of those works and prepare a streetscape plan for Turnham Avenue addressing car parking, landscaping, pedestrian access and identification of the Heidelberg Theatre.

Motion: Part 1 – Petition and additional objections That Council: i.

Receives and notes the petition received on 20 June 2016 with 1142 signatures in relation to the proposed Woolworths supermarket at 44 Turnham Avenue Rosanna with the following petition prayer: “We, the undersigned, urge the planning authorities, Mayor and Council to reject this proposal to allow Woolworths to build and operate in “Rosanna Village”. It will be detrimental to Rosanna’s character, local amenities, wildlife and for the people that live work and play in Rosanna.”

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ii.

Takes into consideration the petition in deciding on the application for the planning permit in part 2 below.

iii.

That the head petitioner be notified of the outcome of item 4.3 relating to the planning permit application for a supermarket at 44 Turnham Avenue, Rosanna.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

MINUTES ORDINARY MEETING OF COUNCIL

iv.

27 JUNE 2016

Notes that a number of additional objections have been received since the Council report was written. The concerns raised in these additional objections are consistent with those already received and considered in the report.

Part 2 – Planning Application 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 a Planning Permit be issued in respect of Application No. P1260/2015 for Use and Development of the land for the construction of a supermarket, liquor license (packaged liquor), reduction in car parking and associated vegetation removal at 44 Turnham Avenue ROSANNA and adjoining road reserve, subject to the following conditions: Plans 1.

Before the use 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 advertised plans submitted with the application but modified to show: a.

Trees 39 and 41 at 72 Turnham Avenue marked as retained.

b.

A streetscape improvement plan to the satisfaction of Council for Turnham Avenue for an equivalent area of streetscape as shown on the streetscape concept plan submitted with the application but amended to include the area in front of the Heidelberg Theatre and to be consistent with the overall streetscape plan prepared by Council for Turnham Avenue;

c.

The entry to the supermarket relocated, if required, to facilitate the streetscape works shown on the streetscape plan in 1(b) which may include the retention of trees 2 and 7;

d.

The streetscape improvement plan required at 1(b) must include at least two raised pedestrian crossings to the satisfaction of the Responsible Authority with one generally to the north of the subject site and one south of the subject site;

e.

Tree protection consistent with an updated arborist report which makes recommendations as to construction techniques to minimise impact to trees 2 and 7 (where retained on the streetscape plan for Turnham Avenue) and may include an exploratory dig to confirm the extent of root mass that will be lost as a result of the development;

f.

Provision of a feature wall and identification signage for the Heidelberg Theatre Company along the southern wall of the supermarket adjoining the entrance to 36 Turnham Avenue;

g.

Provision of appropriately specified acoustic fencing as recommended by an appropriately qualified and experienced Acoustic engineer, to the eastern and southern boundaries where they abut Douglas Street, 53 and 55 Grove Road and 36 Turnham Avenue so as to minimise noise disturbance as a result of deliveries to the site. This must include appropriate acoustic treatment of the party wall between 44 and 36 Turnham Avenue;

h.

The bicycle parking hoops within the rear car park relocated to the undercroft/basement car park;

i.

A shower clearly marked to use as part of staff end of trip cycling facilities;

j.

Construction techniques as recommended by the project arborist and outlined in the tree management plan as required by condition 15, to minimise impacts to trees 23, 24, 25, 26, 29 and 30.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

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MINUTES ORDINARY MEETING OF COUNCIL

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k.

All sustainable design features as outlined in the submitted Sustainable Management Plan. Where features 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);

l.

The Douglas street exit modified to the satisfaction of the Responsible Authority to limit vehicles to turning only left out of the Douglas Street exit heading westbound along Douglas Street.

m.

Installation of additional line marking and signage making clear the proposed unidirectional flow of traffic north of the Trolley Store;

n.

Extend the footpath width north of the Trolley Store to reduce the width of the trafficable space to 3 metres.

o.

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 connection to the Council nominated legal point of discharge;

(ii)

The specified flood level for the property.

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. p.

Modification to the building to ensure the retention of tree 59.

2.

Prior to the occupation of the permitted use and development, a car parking management plan must be submitted to and approved by the Responsible Authority.

The plan must outline how on site car parking will be made available for public use at all times and how pedestrian access will be available through the site at all times. The plan must also specify the length of time restrictions to be imposed on car parking spaces.

3.

Prior to the commencement of the permitted use, an offset planting plan must be submitted to and approved by the Responsible Authority. The plan must provide for an appropriate replacement planting for trees lost on site and must be indigenous so as to achieve a suitable habitat benefit. The replacement planting must be provided in the Rosanna Parklands prior to the commencement of the permitted use unless otherwise agreed in writing by the Responsible Authority.

4.

The use and 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.

5.

Unless otherwise agreed in writing by the Responsible Authority the development permitted by this permit must not be commenced until:-

6.

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a.

The tree protection measures required by Condition 15 and 16 are installed to the satisfaction of the Responsible Authority.

b.

The necessary approvals and associated fee for the removal of the existing street trees (tree 2 and 7), which are shown on the plans to be removed, must be obtained and paid to the Responsible Authority (Banyule Tree Care Department).

Unless otherwise agreed in writing by the Responsible Authority the use permitted by this permit must not be commenced until:-

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

MINUTES ORDINARY MEETING OF COUNCIL

27 JUNE 2016

a.

Streetscape improvement works shown on the streetscape improvement plan are completed to the satisfaction of the Responsible Authority;

b.

A feature wall and identification signage for the Heidelberg Theatre Company along the southern wall of the supermarket adjoining the entrance to 36 Turnham Avenue is provided;

c.

Acoustic fencing along the southern boundary abutting the Heidelberg Theatre Company and along the eastern boundary abutting the rear of 53 and 55 Grove Road, Rosanna is provided.

Amenity 7.

The use or development permitted by this permit must not, in the opinion of the Responsible Authority, adversely affect the amenity of the locality by reason of the processes carried on; the transportation of materials, goods or commodities to or from the subject land; the appearance of any buildings, works or materials; the emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, or oil; the presence of vermin, or otherwise.

8.

In respect of commerce, industry and trade development and/or use, noise emissions from the subject land must comply with State Environment Protection Policy (Control of Noise from Commerce Industry and Trade) No. N-1.

In all other cases noise emissions from the subject land must comply with Environmental Protection (Residential Noise) Regulations 2008 and/or Environmental Protection Authority Noise Control Guidelines TG 302/92, whichever is deemed to be appropriate by the Responsible Authority.

9.

Noise emissions from any equipment required for refrigeration, air-conditioning, heating, ventilation and the like must comply with State environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No N-1 and/or Environment Protection (Residential Noise) Regulations 2008 and/or Environmental Protection Authority Noise Control Guidelines TG 302/92, whichever is deemed to be appropriate by the Responsible Authority.

10.

The surface of the subject land must be treated and maintained so as to prevent the loss of amenity to the neighbourhood through the emission of dust and the discharge of stormwater drainage to the satisfaction of the Responsible Authority.

Hours of operation 11.

Except with the prior written consent of the Responsible Authority, the use permitted by this permit may only operate between the following times: 

Supermarket 7am – Midnight daily



Packaged Liquor – 9am – 9pm daily

Loading/Unloading 12.

Deliveries to and collection of waste from the subject land must only occur between the following times: 

7am – 10pm weekdays



7am – 7pm Saturdays

13.

Delivery and waste collection vehicles must only access the site westbound along Lower Plenty Road, southbound along Turnham Avenue and Eastbound along Douglas Street;

14.

Delivery and waste collection vehicles must not exceed 12.5 metres in length.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

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MINUTES ORDINARY MEETING OF COUNCIL

15.

27 JUNE 2016

The use of any compacting machinery must be limited to the store hours of operation as specified within this permit.

Urban Design 16.

The walls of the development on the boundary of adjoining properties must be cleaned and finished in a manner to the satisfaction of the Responsible Authority.

Car parking/Access 17.

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.

18.

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.

19.

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 nature strip 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.

Tree Protection/Management Plan 20.

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The development permitted by this permit must not be commenced until a satisfactory Tree Management Plan is submitted to and approved by the Responsible Authority. Such plan must be prepared by a person suitably qualified or experienced in arboriculture, must be prepared in accordance with Section 5, AS4970 – Protection of Trees on Development Sites, and shall include: (a)

A plan and corresponding detail identifying location of each tree (those to be retained on site and nearby trees on adjoining properties), their species, tree preservation zones and ground protection (tree protection plan) and other relevant identifying information.

(b)

In relation to the development phase: (i) The processes required to initiate, manage and protect the canopies, limbs and root systems of retained trees during the construction process. All processes and protective measures must be undertaken in accordance with the guidelines detailed in AS4970-2009 Protection of Trees on Development Sites. Particular detail must be given in regards to the management process of tree root systems – including supervision, root exposure and excavation method, and root severance – where works are approved within the TPZ of a retained tree. No works shall be commenced within the TPZ of any of these trees until such a management plan is received and endorsed by the Responsible Authority. (ii) Inclusion of the project arborist details, and dates when periodical inspections will take place to ensure compliance as well as the scheduling of proposed tree management techniques. (iii) Show locations of tree protection fencing, and any other methods such as hording that may be used to protect trees during demolition and construction.

(c)

Following completion of the development: These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

MINUTES ORDINARY MEETING OF COUNCIL

(i) (ii) (iii)

27 JUNE 2016

Maintenance requirements for the trees.

Ongoing tree protection requirements.

Other relevant recommendations.

Tree protection 21.

Unless otherwise agreed in writing by the Responsible Authority, prior to the commencement of works (including demolition) on the site Tree Preservation Zones must be established around Trees 23, 24, 25, 26, 29 and 30. You must contact Council’s Development Planning Unit on 9457 9808 once the Tree Preservation Fencing is erected so that an inspection of the fencing can be carried out. Once installed and inspected the Tree Preservation Zones must be maintained to the satisfaction of the Responsible Authority, and meet the following requirements: (a)

Extent Tree Preservation Zones are to be provided to the extent of the calculated Tree Protection Zone (TPZ) where it occurs within the subject property of all trees indicated as being retained on the endorsed plan. The fencing can be realigned and suitable ground protection provided to allow the approved construction therein only to the satisfaction of the project arborist and only when approved by the Responsible Authority.

The fencing can be realigned and suitable ground protection provided to allow any construction approved within a TPZ only in accordance with endorsed plans.

(b)

(c)

Management of works (i)

A suitably qualified arborist must supervise or undertake all approved activity within the calculated TPZ of a retained tree. Any root severance within the TPZ must be undertaken to their satisfaction using a clean sharp and sterilised pruning saw. There must be no root pruning within the SRZ unless consent is received in writing by the Responsible Authority, and there must be no root pruning within the TPZ for works other than those endorsed by the Responsible Authority.

(ii)

All and any excavations within the TPZ of retained trees must be undertaken by hand or by approved non-destructive techniques suitable in the vicinity of trees, and must only be undertaken for endorsed works or for works subsequently approved by the Responsible Authority.

Weed control Any weeds located within the Tree Preservation Zone are to be removed and the area mulched with 100mm of composted coarse grade woodchips.

(d)

(e)

Fencing (i)

Protective fencing must consist of chain wire mesh panels held in place with concrete feet. Fencing must comply with Australian Standard AS 46872007 Temporary fencing and hoardings.

(ii)

The fences must not be removed or relocated without the prior consent of the Responsible Authority.

(iii)

Canopy and Limb protection must be provided in accordance with the guidelines detailed in AS4970-2009 Protection of Trees on Development Sites. (usu. Multi-storey developments)

Signage Fixed signs are to be provided on all visible sides of the Tree Preservation Fencing, stating “Tree Preservation Zone – No entry without permission from the City of Banyule”.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

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MINUTES ORDINARY MEETING OF COUNCIL

(f)

27 JUNE 2016

Irrigation The area must be irrigated during the summer months with 1 litre of clean water for every 1 cm of trunk girth measured at the soil / trunk interface on a weekly basis.

(g)

Access to Tree Preservation Zone (i) (ii)

(iii) (iv)

No persons, vehicles or machinery are to enter the Vegetation Protection Zone except with the consent of the Responsible Authority; No fuel, oil dumps or chemicals are allowed to be used or stored within the Vegetation Preservation Zone and the servicing and re-fuelling of equipment and vehicles must be carried out away from the root zones; No storage of material, equipment or temporary building is to take place within the Vegetation Preservation Zone; Nothing whatsoever, including temporary services wires, nails, screws or any other fixing device, is to be attached to any tree.

NOTE: Requests for consent of the Responsible Authority (City of Banyule) pursuant to this Condition should be directed to Council’s Arborist – Development Planning on 9457 9808. Consent for the conduct of further works within a Tree Protection Zone, where granted, may be subject to conditions. Such conditions may include a requirement that:  Any underground service installations within the Tree Protection Zone be bored to a depth of 1.5 metres;  All root excavation be carried out by hand digging or with the use of ‘AirExcavation’ techniques;  Roots required to be cut are to be severed by saw cutting and undertaken by a qualified arborist.

Or other conditions, as relevant, to ensure the ongoing health and stability of the subject tree/s.

Time Limits 22.

In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies:  The development is not commenced within two years of the date of this permit;  The development is not completed within four years of the date of this permit;  The use is not commenced within four years of the date of this permit; or  The use is discontinued for a period of two years.

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:

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(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.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

MINUTES ORDINARY MEETING OF COUNCIL

27 JUNE 2016

PERMIT NOTES A.

Car parking restrictions The car parking spaces within the car park should include a component with restrictions of 2 hours up until 9pm.

B.

Expiry of Permit In the event that this permit expires or the subject land is proposed to be used or developed for purposes different from those for which this permit is granted, there is no guarantee that a new permit will be granted. If a permit is granted then the permit conditions may vary from those included on this permit having regard to changes that might occur to circumstances, planning scheme provisions or policy.

C.

Building Permit Required Building Permit must be obtained prior to the commencement of any works associated with the proposed development.

D.

Building over Easements No structure, including sheds and water tanks shall be built over any easement on the subject land except with the consent of the relevant Responsible Authority.

E.

Memorandum of Consent for Works Council’s Construction Department must supervise all works undertaken on Council assets within private property, Council Reserves, easements, drainage reserves and/or road reserves, including connection of the internal drainage system to the existing Council assets. Prior to the commencement of any works, an application must be made and a permit received for:  A “Memorandum of Consent for Works” for any works within the road reserve; and/or  A “Drainage Connection Permit” for any works other than within a road reserve.

F.

Building Site Code of Practice All construction works must comply with the requirements of the ‘Building Site Code of Practice – Banyule City Council’. A copy of the Code is available on the Banyule City Council website or at Council Service Centres.

Part 3 – Library car parking, streetscape plan and theatre identification That Council: i.

Finalise plans for the provision of car parking and pedestrian access associated with the Rosanna Library and confirm timing for implementation having regard to the redevelopment of the Rosanna Service Centre site at the appropriate time.

ii.

A streetscape concept plan is prepared for Turnham Avenue from Lower Plenty Road through to Station Street which provides for a future high quality streetscape taking account of the pedestrian environment, incorporates appropriate pedestrian crossing points, landscaping, on street car parking, bus zones and disabled car parking. The plan needs to take into consideration the proposed plan for the level crossing removal and new Rosanna Station and is to consider the opportunity to retain trees 2 and 7 in the Turnham Avenue Road reserve.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

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MINUTES ORDINARY MEETING OF COUNCIL

iii.

27 JUNE 2016

A proposal is developed for identification signage which may include an illuminated changeable message sign and landscaping works in the front setback and streetscape in front of the Heidelberg Theatre for implementation as part of the streetscape improvement works in Turnham Avenue.

Moved: Cr Tom Melican Seconded: Cr Jenny Mulholland AMENDMENT Resolution (CO2016/204) That the proposed motion be adopted with the deletion of Clause Part 2. 1. p. - Modification to the building to ensure the retention of tree 59.

Moved: Cr Wayne Phillips Seconded: Cr Rick Garotti

CARRIED

The amended motion became the substantive motion.

Moved: Cr Wayne Phillips Seconded: Cr Rick Garotti

CARRIED

Cr Jenny Mulholland called for a division: FOR:

Cr Steven Briffa, Cr Mark Di Pasquale, Cr Rick Garotti, Cr Wayne Phillips

AGAINST:

Cr Tom Melican, Cr Jenny Mulholland, Cr Craig Langdon

The Chairperson declared the motion

CARRIED

ADJOURNMENT That the Meeting be adjourned for a short break.

Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican

CARRIED

The meeting was adjourned at 9.25pm.

The meeting resumed at 9.34pm.

Cr Tom Melican and Cr Jenny Mulholland were not present in the Chamber when the Council resumed.

Cr Jenny Mulholland returned to the Chamber at 9.37pm.

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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

MINUTES ORDINARY MEETING OF COUNCIL

1.1

27 JUNE 2016

PETITION REGARDING THE RESIDENTIAL PARKING PERMIT SCHEME

Ms Robyn Roberts spoke to the item.

EXECUTIVE SUMMARY A petition with 67 signatures has been received in relation to the Residential Parking Permit Scheme and the implementation of parking restrictions in residential streets. The petition was received on 25 May 2016 after the adoption of the Residential Parking Permit Policy 20162020 on 9 May 2016.

The petition prayer is as follows: “Residents of Banyule request that Banyule City Council and its Transport Planning Staff: 1.

2.

3.

4.

Retain the relative proximity to the relevant residential address for residential parking permits Use very small street based zones for parking permits (recognising that some parking will still be allowed throughout all zones depending on the time-limits that apply and that coded zones can still be used – if street names on permits are an issue for stick-on permits) Improve consultation with residents over parking permits by holding local Q and A meetings in advance of any proposed permit scheme

Consider a greater variety of solutions to residential parking overlay, by possible application of more varied different time limits and exclusion times, which place less inconvenience on residents and visitors but still solve the problems that occur at peak periods.”

The recently adopted Residential Parking Permit Policy 2016-2020 reflected community desire for smaller parking permit areas, and introduced conditions requiring permits to only be used to visit the residence of issue. Consultation approaches will be considered as part of a future parking restriction framework currently in development.

Resolution (CO2016/205) That Council receives and notes the petition.

Moved: Cr Jenny Mulholland Seconded: Cr Mark Di Pasquale

CARRIED

2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT Nil

3. PLANET – ENVIRONMENTAL SUSTAINABILITY Nil

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

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MINUTES ORDINARY MEETING OF COUNCIL

27 JUNE 2016

Cr Tom Melican returned to the Chamber at 9.40pm.

4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT 4.1

ANALYSIS OF PROPOSED TRAFFIC AND CAR PARKING INITIATIVES AROUND LOYOLA COLLEGE, WATSONIA

Mr Kevin Biaggini spoke to the item.

EXECUTIVE SUMMARY Over the last two years, Council has consulted with residents and modified parking arrangements around Loyola College, Watsonia, in order to manage traffic flow and parking demand in the area. The proposed development of the college, including the Performance Arts Centre which is under construction, has added to residents’ concerns about the use of the college and additional access/parking pressures.

On 18 April 2016, Council resolved to ask for the preparation of a report considering additional actions to alleviate the traffic and parking issues close to Loyola College. The actions for consideration included the installation of ‘hockey stick’ line marking, the provision of a brochure to inform residents on the process to report instances of illegally parked vehicles, and the review of the installation of parking restrictions in Loyola Court and Regis Court, Watsonia.

Previous consultation on turning movement bans at the intersections of Bungay Street and Watsonia Road and Bungay Street and Princess Street have not been supported by the majority of community respondents, so it is proposed that these initiatives not be pursued.

This report responds to the Resolution of 18 April 2016.I Resolution (CO2016/206) That Council: 1.

At this time, does not modify the access arrangements from Watsonia Road into Bungay Street, or from Princes Street into High Street, Watsonia.

2.

Installs ‘hockey stick’ line marking at the start of permissible parking areas close to intersections around Loyola College as a means of educating drivers.

3.

In order to inform residents on the process to report illegally parked vehicles:

4.

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a.

Produce a brochure to be delivered in areas where illegal parking is recurrent; and

b.

Include appropriate details in the Banner and on Council’s website on how residents can report illegally parked vehicles.

Investigate parking occupancy levels in Loyola Court, Regis Court and Castlereagh Place, during the third school term in 2016, and consult with residents in Loyola Court, Regis Court and Castlereagh Place and its associated courts, Watsonia, on the installation of timed parking restrictions. A workshop with interested residents is to be organised to discuss the results from the investigations and the possible next steps.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

MINUTES ORDINARY MEETING OF COUNCIL

27 JUNE 2016

5.

Continue to maintain a register of complaints that are received regarding traffic and parking issues surrounding Loyola College in preparation for the further report back to Council in late 2017.

6.

Notify Loyola College and previously consulted residents around Loyola College of this Resolution.

Moved: Cr Rick Garotti Seconded: Cr Mark Di Pasquale

CARRIED

Cr Rick Garotti left the chamber at 9.54pm, and returned at 9.57pm.

4.4

USE AND DEVELOPMENT OF LAND AT 29 HOWARD STREET AND 2-6 STUBLEY COURT, GREENSBOROUGH, FOR A CAR PARK

Mr Leon Harvey & Mr Louis Neo spoke to the item.

EXECUTIVE SUMMARY The application seeks approval to remove a total of 30 trees to facilitate the development of car parks at 29 Howard Street and 2-6 Stubley Court, Greensborough.

Council is the land owner and permit applicant. The applications have undergone public notification and no objections have been received. The applications will allow for the construction of additional car parking facilities to service the Greensborough Principal Activity Centre and appropriately balance this provision with the retention and planting of trees. It is considered that the application should be approved.

Resolution (CO2016/207) That Council: A.

Acknowledge that it has received four objections to Planning Application P253/2016 following completion of the officer report in relation to the application and has considered these in determining the application.

B.

Having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, issue a Notice of Decision to Grant a Planning Permit in respect of Application No. P253/2016 for tree removal associated with the development of two Local Government car parks at 29 Howard Street and 2-6 Stubley Court GREENSBOROUGH subject to the following conditions:

Plans 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 advertised plans submitted with the application but modified to show: (a)

Relocation of the parking space to the east of Tree 14 to the west by approximately 10m;

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

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MINUTES ORDINARY MEETING OF COUNCIL

27 JUNE 2016

(b)

Removal of Trees 2 and 13;

(c)

The provision of an additional tree in place of Tree 2, with the species to correspond to the remaining trees to be provided along the Stubley Court frontage;

(d)

Details of the proposed site cut and fill, finished surface levels and any retaining walls or batter slopes required, which are to be sited and designed to allow for the ongoing retention of Tree 14;

(e)

A detailed landscape plan for the site, including: (i)

The identification of existing vegetation (which is not intended to be removed), and nomination of vegetation for removal throughout the site;

(ii)

Provision of formed garden beds with edging around the landscape zone within the front setback to prevent cars parking within those areas

(iii)

Planting adjacent to driveways and within landscaping zones to consist of varying heights and species;

(iv)

An indigenous and/or drought tolerant planting theme;

(v)

A schedule of all proposed trees, shrubs and ground cover, which includes the location and size at maturity of all plants, the botanical names of such plants.

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.

Works Prior to Commencement 3.

Unless otherwise agreed in writing by the Responsible Authority the tree removal permitted by this permit must not be commenced until the tree protection measures required by Condition 6 are installed to the satisfaction of the Responsible Authority.

Works Prior to Occupation 4.

Unless otherwise agreed in writing by the Responsible Authority the replacement planting indicated on the endorsed plans must be provided prior to commencement of use of the car park.

Tree Protection / Landscaping 5.

Except with the further written consent of the Responsible Authority, no vegetation (other than that indicated on the endorsed plan, or exempt from planning permission under the provisions of the Banyule Planning Scheme) shall be damaged, removed, destroyed or lopped.

6.

Unless otherwise agreed in writing by the Responsible Authority, prior to the commencement of works (including demolition) on the site Tree Preservation Zones must be established around Tree 14. You must contact Council’s Development Planning Unit on 9457 9808 once the Tree Preservation Fencing is erected so that an inspection of the fencing can be carried out. Once installed and inspected the Tree Preservation Zones must be maintained to the satisfaction of the Responsible Authority, and meet the following requirements: (a)

Extent Tree Preservation Zones are to be provided to the extent of the calculated

16

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

MINUTES ORDINARY MEETING OF COUNCIL

27 JUNE 2016

Tree Protection Zone (TPZ) where it occurs within the subject property. The fencing can be realigned and suitable ground protection provided to allow the approved construction therein only to the satisfaction of the project arborist and only when approved by the Responsible Authority.

The fencing can be realigned and suitable ground protection provided to allow any construction approved within a TPZ only to the satisfaction of the project arborist and only when approved by the Responsible Authority. (b)

Management of works (i)

(ii)

(c)

A suitably qualified arborist must supervise or undertake all approved activity within the calculated TPZ of a retained tree. Any root severance within the TPZ must be undertaken to their satisfaction using a clean sharp and sterilised pruning saw. There must be no root pruning within the SRZ unless consent is received in writing by the Responsible Authority, and there must be no root pruning within the TPZ for works other than those endorsed by the Responsible Authority.

All and any excavations within the TPZ of retained trees must be undertaken by hand or by approved non-destructive techniques suitable in the vicinity of trees, and must only be undertaken for endorsed works or for works subsequently approved by the Responsible Authority.

Weed control Any weeds located within the Tree Preservation Zone are to be removed and the area mulched with 100mm of composted coarse grade woodchips.

(d)

(e)

Fencing (i)

Protective fencing must consist of chain wire mesh panels held in place with concrete feet. Fencing must comply with Australian Standard AS 4687-2007 Temporary fencing and hoardings.

(ii)

The fences must not be removed or relocated without the prior consent of the Responsible Authority.

Signage Fixed signs are to be provided on all visible sides of the Tree Preservation Fencing, stating “Tree Preservation Zone – No entry without permission from the City of Banyule”.

(f)

Irrigation The area must be irrigated during the summer months with 1 litre of clean water for every 1 cm of trunk girth measured at the soil / trunk interface on a weekly basis.

(g)

Access to Tree Preservation Zone (i) (ii)

(iii) (iv)

No persons, vehicles or machinery are to enter the Vegetation Protection Zone except with the consent of the Responsible Authority; No fuel, oil dumps or chemicals are allowed to be used or stored within the Vegetation Preservation Zone and the servicing and re- fuelling of equipment and vehicles must be carried out away from the root zones; No storage of material, equipment or temporary building is to take place within the Vegetation Preservation Zone; Nothing whatsoever, including temporary services wires, nails screws or any other fixing device, is to be attached to any tree.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

17

MINUTES ORDINARY MEETING OF COUNCIL

27 JUNE 2016

NOTE: Requests for consent of the Responsible Authority (City of Banyule) pursuant to this Condition should be directed to Council’s Arborist – Development Planning on 9457 9808. Consent for the conduct of further works within the Tree Protection Zone, where granted, may be subject to conditions. Such conditions may include a requirement that: 

Any underground service installations within the Tree Protection Zone be bored to a depth of 1.5 metres;



All root excavation be carried out by hand digging or with the use of ‘AirExcavation’ techniques;



Roots required to be cut are to be severed by saw cutting and undertaken by a qualified arborist.

Or other conditions, as relevant, to ensure the ongoing health and stability of the subject tree/s.

7.

All tree pruning is to be carried out by a trained and competent arborist who has a thorough knowledge of tree physiology and pruning methods. Pruning must be carried out in accordance with Australian Standard AS4373 Pruning of Amenity Trees. Tree pruning is to be restricted to the removal of no greater than 15% of the total live canopy of individual trees.

8.

Unless otherwise agreed in writing by the Responsible Authority, the landscaping areas shown on the endorsed plans must be used for landscaping and no other purpose and any landscaping must be maintained to the satisfaction of the Responsible Authority, including that any dead, diseased or damaged plants are to be replaced.

Time limit 9.

In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies: • The development is not commenced within two years of the date of this permit; •

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.

Notes Expiry of Permit In the event that this permit expires or the subject land is proposed to be used or developed for purposes different from those for which this permit is granted, there is no guarantee that a new permit will be granted. If a permit is granted then the permit conditions may vary from those included on this permit having regard to changes that might occur to circumstances, planning scheme provisions or policy.

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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

MINUTES ORDINARY MEETING OF COUNCIL

27 JUNE 2016

Additional approvals required No Signs Without Consent Except where no permit is required under the provisions of the Banyule Planning Scheme, no advertising signs may be constructed or displayed without a permit.

Building over Easements No structure (including but not limited to sheds, retaining walls, eaves, water tanks, paving and landings) shall be built over any easement on the subject land except with the consent of the relevant Responsible Authority.

Access to Council Reserve No permission can be granted either temporary or otherwise by Council and/or its employees with respect to access to the adjacent Council owned land (including the road reserve) for any purposes relating to the proposal (e.g. parking of surplus vehicles, delivery of materials etc.), without application being made for the requisite permit (i.e. Local Law Permit).

Permit Personal This permit allows the removal of vegetation associated with the development of the land as a car park by the Banyule City Council. If the land ceases to be owned or operated by the Banyule City Council a planning permit may be required to continue to utilise the land for the purposes of a car park.

Ongoing restrictions Tree Protection Zones Requests for the consent or approval of tree protection measures pursuant to Condition 6 should be directed to Council’s Arborist – Development Planning on 9457 9808. Consent for the conduct of works within the Tree Protection Zone, where granted, may be subject to conditions. Such conditions may include a requirement that: •

Any underground service installations within the Tree Protection Zone be bored to a depth of 1.5 metres;

•

All root excavation be carried out by hand digging or with the use of ‘Air-Excavation’ techniques;

•

Roots required to be cut are to be severed by saw cutting and undertaken by a qualified arborist.

Or other conditions, as relevant, to ensure the ongoing health and stability of the subject tree/s.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

19

MINUTES ORDINARY MEETING OF COUNCIL

27 JUNE 2016

Action on/for completion Supervision of works undertaken on Council Assets Council’s Construction Department must supervise all works undertaken on Council assets within private property, Council Reserves, easements, drainage reserves and/or road reserves, including connection of the internal drainage system to the existing Council assets.

Prior to the commencement of any works, an application must be made and a permit received for: •

A “Memorandum of Consent for Works” for any works within the road reserve; and/or

•

A “Drainage Connection Permit” for any works other than within a road reserve.

Moved: Cr Mark Di Pasquale Seconded: Cr Steven Briffa 8.4

CARRIED

ROAD AND DRAINAGE IMPROVEMENTS OF BONDS ROAD, LOWER PLENTY

Cr Steven Briffa submitted a Notice of Motion.

Mr Walter Ortner spoke to the item.

Resolution (CO2016/208) That a report be presented to Council to investigate the improvement of the road surface, road widening and drainage of Bonds Road, Lower Plenty. The report should consider community views, changes in traffic volumes, cost estimates and other impacts of any improvements considered.

Moved: Cr Steven Briffa Seconded: Cr Mark Di Pasquale

20

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

MINUTES ORDINARY MEETING OF COUNCIL

8.6

27 JUNE 2016

TREE REMOVAL PROCESS ON ROAD RESERVES

Cr Wayne Phillips submitted a Notice of Motion.

Mr Roger Fyfe spoke to the item.

Resolution (CO2016/209) That the Ward Councillor be notified within one business day where a tree in a road reserve, which has a trunk dimension equal to or greater than 800mm and/or a height of equal to or greater than 15 metres: a)

is being considered for removal; and/or

b)

has been removed to address an imminent public safety issue.

Moved: Cr Wayne Phillips Seconded: Cr Craig Langdon

8.7

CARRIED

TRIBUTE TO ERIC ROSARIO

Cr Craig Langdon submitted a Notice of Motion.

Mr Roger Fyfe spoke to the item.

Resolution (CO2016/210) Council consider options to commemorate Eric Rosario in line with the Council and Community Commemorative Plaques Protocols and liaise with Eric’s wife and family.

Moved: Cr Steven Briffa Seconded: Cr Craig Langdon

4.2

CARRIED

MANAGING CONSTRUCTION ACTIVITY ASSOCIATED WITH LARGE DEVELOPMENT SITES

EXECUTIVE SUMMARY Development within Banyule has been growing over recent years with a significant increase in larger development sites resulting in amenity impacts on residential and commercial areas.

Construction activity impacts include noise, mud, dust, parking of construction vehicles and plant and equipment located on public land. The Development Planning, Engineering, Municipal Laws, Building and Asset Protection Units of Council are all involved in the approvals and construction monitoring process. Many of the systems and processes have been in place for some time and were not set up to deal with the amount and scale of development that is now taking place across the municipality. In order to provide the level of protection that the community expects, a review of the processes and systems is needed to ensure compliance with the appropriate legislation and requirements.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

21

MINUTES ORDINARY MEETING OF COUNCIL

27 JUNE 2016

Council’s General Local Law contains many relevant amenity clauses that can be used as permit requirements for asset protection. Construction Management Plans are an important tool that can also be used at the Planning Permit stage, however, they are best enforced through the Local Law and other associated legislation.

Additional resources are required to assist with establishing an effective system for construction activity permits, approvals and monitoring associated with developments. Such a system should include changes in delegation to staff, the implementation of streamlined application processes, and the use of “in field” technology.

It is expected that the increased costs to establish and run the new system can be covered through permit and approval fees and enforcement activities. The revised system is expected to improve stakeholder management, provide enhanced levels of customer service and clearer roles for those involved.

Resolution (CO2016/211) That this item be deferred.

Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa

4.5

CARRIED

BANYULE SURVEILLANCE POLICY

EXECUTIVE SUMMARY Council owns and manages a number of cameras in public spaces for surveillance purposes and works closely with Victoria Police as requested to assist with their investigations.

Departments across Council have developed their own procedures around the management of the cameras and have responded to new requests within the scope of their own areas.

Recent experiences across council in responding to requests for investigations into camera installation in ‘hot spot’ areas has highlighted the urgent requirement for a consistent approach across Council, in particular the need for common criteria that applies transparency and clarity in decision making processes. In addition, State Government has introduced the requirement for a Surveillance Policy to be in place before funding of cameras can be granted to local government and other organisations.

The draft Banyule Surveillance Policy has been developed under a structure consisting of a cross council key stakeholder working group, with public consultation proposed to be undertaken in July 2016.

Responses to the draft will help inform a final Banyule Surveillance Policy. The final document will provide clear direction for future decision making processes in relation to requests for cameras in the community. The policy is an important step forward to ensuring a consistent and coordinated effort across Council to strengthen Council’s response to issues relating to community safety and perceptions of safety by the community whilst protecting legislative requirements of privacy of residents.

22

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

MINUTES ORDINARY MEETING OF COUNCIL

27 JUNE 2016

Resolution (CO2016/212) That Council: 1.

Approve the draft Banyule Surveillance Policy for consultation for a four (4) week period.

2.

Receive a further report to consider feedback and submissions received during the consultation period and adopt the final Banyule Surveillance Policy.

Moved: Cr Rick Garotti Seconded: Cr Jenny Mulholland

CARRIED

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE Nil

6. PERFORMANCE - USE OUR RESOURCES WISELY 6.1

SOMERS AVENUE, MACLEOD - REVIEW OF PAID PARKING SYSTEM

EXECUTIVE SUMMARY At its meeting on 22 June 2015 Council resolved to install a paid parking system in Somers Avenue, Macleod. In addition, at its meeting on 9 November 2015 Council resolved to stage the paid parking implementation in two stages, assessing the impacts of the first one prior to proceeding with the second.

Stage one of the paid parking system was implemented in Somers Avenue in December 2015. In the last months the occupancy rate has been low, with an average transaction of two to three vehicles per weekday, resulting in the displacement of approximately 22 vehicles to the surrounding street network.

Residents, commuters and traders have raised their concerns in relation to the implementation of paid parking; with displacement of parking and increase in total cost of travel being the major concerns.

Resolution (CO2016/213) That this item be deferred.

Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

CARRIED

23

MINUTES ORDINARY MEETING OF COUNCIL

27 JUNE 2016

PROCEDURAL MOTION That items 6.2, 6.3, 6.4, 7.1, 8.1, 8.2, 8.3 & 8.8 be moved on block.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

6.2

CARRIED

KINDERGARTENS - PROPOSED LEASES

EXECUTIVE SUMMARY Council owns and leases the land and improvements at 23 kindergartens within the municipality. The leases, which did not provide an option for a further term, have expired (expired leases).

It is now proposed that Council enter into new leases with each of the entities that currently offer kindergarten services from the 23 kindergartens (proposed leases).

The proposal triggered the need to give public notice under section 190 of the Local Government Act 1989 (Act).

Public notice was given in the “Heidelberg Leader” on 16 February 2016 and the “Diamond Valley Leader” on 17 February 2016, with the public invited to make submissions on the proposal in accordance with section 223 of the Act. The submission period closed at 5:00pm on 16 March 2016, with no submissions being received.

This report, previously presented to Council on 4 April 2016 but deferred to a future meeting of Council, now seeks Council’s decision on the granting of leases for a term of five (5) years, with no further term, at the commencing rent of $454.00 per annum plus GST for one room kindergartens and $654 per annum plus GST for two room kindergartens.

Resolution (CO2016/214) That: 1.

Having complied with sections 190 and 223 of the Local Government Act 1989: a.

b. c.

by giving public notice in the “Heidelberg Leader” on 16 February 2016 and the “Diamond Valley Leader” on 17 February 2016; and by providing an opportunity to those who have requested to be heard at Council’s Ordinary Meeting of 4 April 2016 to be heard at that meeting; and by recording that no submissions were received;

Council grants to each entity listed below, a lease of the respective Council-owned land and improvements, for a term of five (5) years at the commencing rent of $454.00 per annum plus GST for one room kindergartens and $654 per annum plus GST two room kindergartens.

24

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

MINUTES ORDINARY MEETING OF COUNCIL

Entity Try Australia Children’s Services

Early Childhood Management Services Inc.

Council-owned Land 7 Thyer Road, Ivanhoe 179 Nepean St, Greensborough 10 The Rameo, Bundoora 15 Delta Road, Greensborough 19 Interlaken Pde, Rosanna 5 Birdwood Avenue, Macleod 22 Wallowa Road, Eltham North 311 Yallambie Road, Yallambie 17-19 Ester St, Greensborough 37 St Helena Rd, Greensborough 31 Plenty River Drive, Greensborough 118 Karingal Drive, Greensborough 20 Noorong Avenue, Bundoora

Apollo Parkways Preschool Inc Briar Hill Preschool Association Inc. The Bundoora Preschool Association Inc. Panorama Heights 3 Mitchell Avenue, Preschool Inc. Montmorency Sherbourne Preschool 156 Sherbourne Road, Association Inc. Montmorency Wahroongah Preschool 66 Wahroonga Crescent, Inc. Greensborough Watsonia North 68 Macorna Street, Preschool Inc. Watsonia North Viewbank Preschool 84 Duff Parade, Viewbank Association Inc. Watsonia Preschool 19 Crellin Crescent, Association Inc. Watsonia Winston Hills Preschool 24 Rohan Street, Viewbank Association Inc. East Ivanhoe Preschool 1 King Street, Ivanhoe East Centre Inc. Lower Plenty 34 Glenauburn Road, Lower Kindergarten Plenty Association Inc. Yandell Kindergarten 37 St Helena Road, Inc. Greensborough * Denotes two room kindergartens 2.

27 JUNE 2016

Kindergarten sites Fairy Hills Kindergarten * Grace Park Preschool Warrawee Park Preschool Delta Road Preschool Interlaken Preschool * Macleod Kindergarten * St Helena Preschool Yallambie Park Preschool * Greensborough Preschool Greenhills Preschool

Apollo Parkways Preschool Briar Hill Preschool Bundoora Preschool

Panorama Heights Preschool * Sherbourne Preschool.

Wahroongah Preschool Watsonia North Preschool Viewbank Preschool Watsonia Preschool Winston Hills Preschool * East Ivanhoe Preschool Lower Plenty Kindergarten

Yandell Kindergarten

The necessary documentation to give effect to the leases be signed and sealed at the appropriate time.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

CARRIED

25

MINUTES ORDINARY MEETING OF COUNCIL

6.3

27 JUNE 2016

REAR 7A CURZON STREET, IVANHOE - PROPOSED LICENCE OF COUNCIL LAND

EXECUTIVE SUMMARY Council owns the land known as 1 Liberty Parade, Ivanhoe, which forms part of the Darebin Creek Reserve (Banksia to Bond Street). The owners of 7A Curzon Street, Ivanhoe, seek permission to occupy, under licence, 35m2 of the Council land immediately adjacent to the rear boundary of their property which forms part of the Darebin Creek Reserve.

The purpose of this report is to provide background information on the proposal and the request by the owners of 7A Curzon Street for a reduction in the annual fee.

Resolution (CO2016/215) That: 1.

Pursuant to Part 5.7 of General Local Law No. 1, Council grants permission to the owners of 7A Curzon Street, Ivanhoe, to fence off, occupy and maintain 35m2 of the Council owned land known as 1 Liberty Parade, Ivanhoe, immediately adjacent to the rear of their property, subject to the owners entering into a licence with Council.

2.

The annual fee payable under the licence will be subject to further discussion at an agreed price to the satisfaction of the Chief Executive Officer and/or the Director of City Development.

3.

The necessary documents to give effect to the licence be signed and sealed at the appropriate time.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

6.4

CARRIED

ITEMS FOR NOTING

Resolution (CO2016/216) That Council note: 1.

The responses received on the Funding Safe School Coalition Australia Program in Schools resolution of Council.

2.

Banyule Environmental Advisory Committee (BEAC) Meeting Notes for June 2016.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

26

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

MINUTES ORDINARY MEETING OF COUNCIL

6.5

27 JUNE 2016

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) b)

the subject of a decision of the Council or; 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:

13 April 2016

Type of Meeting:

Conflict of Interest:

Banyule Environment Advisory Committee (BEAC) April 2016 Meeting  Beyond Paris BZE Case Study Hazelwood advocacy  Urban Forest Strategy  Ethical Paper Pledge  Great Forest National Park Mark Di Pasquale Craig Langdon Daniel Kollmorgen – Manager Transport, Sustainability and Municipal Laws John Milkins – Environmental Sustainability BEAC Community Representatives: Kate Roberts (interim Chair), Alan Leenaerts, Matt Hall, Denise Fernando, Maree Keenan, Peter Castaldo Guests: Sue McKinnon and Mary Anne Boyd-Squires The Wilderness Society Nil

Date of Assembly:

23 May 2016

Type of Meeting:

Councillor Briefing

Matters Considered:

1. Petrie Park Masterplan 2. North East Link Resident Committee 3. 421 Upper Heidelberg Road – Places Vic 4. Shop 48 Update 5. La Trobe Uni – Update 6. Community Sport Infrastructure Funding State of Play 7. Banyule Surveillance Policy 8. Status Update – Budget/City Plan Steven Briffa Mark Di Pasquale Rick Garotti Craig Langdon

Matters Considered:

Councillors Present: Staff Present:

Others Present:

2

Councillors Present:

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

27

MINUTES ORDINARY MEETING OF COUNCIL

Conflict of Interest:

Tom Melican Jenny Mulholland Wayne Phillips Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets & City Services Marc Giglio – Director Corporate Services Lucia Brennan – Recreation Planner Darren Bennett – Manager Leisure, Recreation & Culture Services Daniel Kollmorgen – Manager Transport, Sustainability & Municipal Laws Joel Elbourne – Manager Urban Planning & Building Frances Gianinotti– Co-ordinator Youth & Community Partnerships Giovanna Savini – Manager Youth & Family Services Melinda Ramsay – Leisure Services Team Leader Ben McManus – Coordinator Leisure & Cultural Services Tania O’Reilly – Manager Finance & Procurement Five Representatives from Places Victoria Damien Jones, Shop 48 Facility Manager Nil

Date of Assembly:

30 May 2016

Type of Meeting:

Councillor Briefing

Matters Considered:

Items on the Council Agenda for the Ordinary Meeting of 30 May 2016 (excluding confidential items) as listed below:

Staff Present:

Others Present:

3

2.1 2.2

2.3 3.1 4.1 4.2 4.3

4.4 4.5 4.6 4.7 5.1 28

27 JUNE 2016

Request for Over Mass Fire Truck Access on Local Roads Spirit Walk & Babarrbunin Beek Activation: Employment of an Aboriginal and Torres Strait Islander Cultural Development Worker Rushworth Street and Reeves Street, Watsonia Possible Treatment Options Resilient Melbourne - metropolitan strategy for a sustainable, liveable and prosperous Melbourne Banyule Planning Scheme Amendment C110 Results of Public Exhibition Status of Closure of Myrtle Street, Linden Avenue and Forster Street, Ivanhoe Erect a carport within the front setback on a lot less than 500 sqm at 1/33 Coventry Street, Montmorency (P1070/2012) Naming of the new public open space between Bonar and Haig Street, Heidelberg Heights Heidelberg Road, Ivanhoe - New Pedestrian Crossing Grimshaw Street / Flintoff Street, Greensborough, Intersection Improvement Funding Reallocation of 2015/2016 Local Roads Resurfacing Program Funding Proposed City Plan & Budget - Consideration of

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

MINUTES ORDINARY MEETING OF COUNCIL

27 JUNE 2016

Others Present:

Submissions Received Items for Noting Assembly of Councillors Sealing of Documents Access on to the M80 Ring Road from the Greensborough By-pass (north bound) 8.3 Banyule Theatre 8.4 Stormwater Harvesting and Pollution Mitigation at Olympic Park Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets & City Services Marc Giglio – Director Corporate Services Gina Burden – Manager Governance & Communication Emily Outlaw – Council Governance Liaison Officer Daniel Kollmorgen – Manager Transport, Sustainability & Municipal Laws Joseph Tabacco – Manager Property & Economic Development Tania O’Reilly – Manager Finance & Procurement Nil

Conflict of Interest:

Nil

Date of Assembly:

6 June 2016

Type of Meeting:

Confidential /Strategic Planning Meeting

Matters Considered:

Confidential Contractual Matters

Councillors Present:

Others Present:

Mark Di Pasquale Craig Langdon Tom Melican Jenny Mulholland Simon McMillan – Chief Executive Officer Scott Walker – Director City Development Geoff Glynn – Director Assets & City Services Jeanette Kringle – Property Co-ordinator Joseph Tabacco – Manager Property & Economic Development Darren Bennett – Manager Leisure, Recreation & Culture Services Nil

Conflict of Interest:

Nil

Date of Assembly:

14 June 2016

Type of Meeting:

Councillor Briefing

6.1 6.2 7.1 8.2

Councillors Present:

Staff Present:

4

Staff Present:

5

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

29

MINUTES ORDINARY MEETING OF COUNCIL

Matters Considered:

27 JUNE 2016

Items on the Council Agenda for the Ordinary Meeting of 14 June 2016 (excluding confidential items) as listed below: 1.1

Councillors Present:

Staff Present:

30

Volunteers of Banyule and Banyule Support and Information Centre (BANSIC) Funding 2.1 Rates Hardship Assistance Policy 2.2 2017 - 2018 Community Sport Infrastructure Fund 3.1 Indian Myna Bird Control 4.1 91 Darebin Street, HEIDELBERG Construction of a multi level mixed use development 4.2 Infrastructure Victoria 30 Year Strategy Draft Submission 5.1 Petrie Park and Rattary Reserve Master Plan 6.1 Adoption of Banyule's City Plan 2013-2017 (Year 4) 6.2 Adoption of Banyule's Budget for the period 1 July 2016 to 30 June 2017 6.3 Return of the 2016 General Re-valuation 6.4 Items for Noting 6.5 Reappointment of the Chief Executive Officer 7.1 Sealing of Documents 8.1 Dedication and launch of new Reserve celebrating Vin Heffernan OAM 8.2 North East Link Advocacy 8.3 Banyule Aboriginal and Torres Strait Islander Remembrance 9.1 General Business - 3rd IFTAR Ramadan Dinner at the Bell Street Mall 9.2 General Business - Bell Street Mall - CCTV Upgrade 9.3 General Business - Tribute to Eric Rosario 10.1 Urgent Business – Orlando Victims Remembered at Banyule 10.2 Urgent Business – Safety on Rosanna Road Steve Briffa Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Scott Walker – Director City Development Geoff Glynn – Director Assets & City Services Gina Burden – Manager Governance & Communication Vivien Ferlaino – Governance Co-ordinator Joseph Tabacco – Manager Property & Economic Development Lucia Brennen – Recreation Planner

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

MINUTES ORDINARY MEETING OF COUNCIL

27 JUNE 2016

Others Present:

Tania O’Reilly – Manager Finance & Procurement Nil

Conflict of Interest:

Nil

Resolution (CO2016/217) That the Assembly of Councillors report be received.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

6.6

CARRIED

SUBMISSION TO THE MINISTER FOR PLANNING IN RELATION TO THE PROPOSED PLANNING AND ENVIRONMENT (FEES) REGULATIONS AND SUBDIVISION (FEES) REGULATIONS

EXECUTIVE SUMMARY The State Government released a Regulatory Impact Statement in relation to the proposed Planning and Environment (Fees) Regulations 2016 and Subdivision (Fees) Regulations on 26 May 2016. The proposed regulations incorporate significant increases in a range of planning and subdivision fees which would seek to provide Council with near-full cost recovery for its planning and subdivision service. Submissions in relation to the Statement were required to be submitted to the by 24 June 2016.

The Municipal Association of Victoria has indicated it will be preparing a submission and a draft of that submission has been circulated to members for feedback. At the time of writing this report Council has not received the final MAV submission.

The purpose of this report is to provide details of the proposed fees and the content of the submission made on behalf of Council. It is considered that Council should endorse this submission.

Resolution (CO2016/218) That Council: 1.

Endorse the submission of the Municipal Association of Victoria as supplemented and amended by the submission prepared by officers on behalf of Council in relation to the proposed Planning and Environment (Fees) Regulations 2016 and Subdivision (Fees) Regulations; and

2.

Write to the Minister for Planning advising of this decision.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

CARRIED

31

MINUTES ORDINARY MEETING OF COUNCIL

27 JUNE 2016

7. SEALING OF DOCUMENTS 7.1

SEALING OF DOCUMENTS

Resolution (CO2016/219) That the Common Seal of the Banyule City Council be affixed to Contract 0871-2016.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

CARRIED

8. NOTICES OF MOTION 8.1

HURSTBRIDGE LINE UPGRADE – LOWER PLENTY ROAD LEVEL CROSSING ROSANNA

Cr Tom Melican and Cr Craig Langdon submitted a joint Notice of Motion.

Resolution (CO2016/220) That: 1.

Council welcomes the State Government commitment to allocate $140m in the 2018/19 Budget for duplicating the Hurstbridge Rail line between Heidelberg and Rosanna including the grade separation of Lower Plenty Road and the railway line. However a number of matters need to be clarified: a) b) c) d)

e)

f)

g)

h) i) j)

32

confirmation that no land acquisition is required for the duplication and grade separation including no impact on adjoining land and proposed developments; the measures to be introduced as part of the works to protect the amenity and construction impacts to nearby properties and the Rosanna Parklands; the form of the grade separation, in particular the alignment and whether the railway line or road will be built under or over (ie. elevated train line); the urban design approach to the new railway station at Rosanna and its relationship between the Rosanna Shopping Centre at Beetham Parade, Lower Plenty Road and the emerging activity at Turnham Avenue. The connection of the activity centre is a critical element and consideration; the impact on bus services in Lower Plenty Road and Turnham Avenue with confirmation there will be no service interruptions during construction and the ongoing provision of enhanced services as part of a new bus interchange following completion of the project. Lower Plenty Road and Turnham Avenue are heavily utilised by various bus services; that all relevant authorities including VicRoads, VicTrack, the Level Crossing Removal Authority and relevant State Government Departments will work with Council and the Local Shopping Centre to reduce and minimise disruption to the businesses; that measures will be introduced to ensure resident access across the railway line and Lower Plenty Road are maintained during construction and into the future including the pedestrian crossing at Davies Street; the extent and length of time that Brown Street and Darebin Street will be closed (if at all) during the duplication; that local residents will be protected from noise impacts during construction; ongoing impact on Rosanna Parklands including the ability to retain trees and provide ongoing maintained landscaping and new tree planting; and These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

MINUTES ORDINARY MEETING OF COUNCIL

k)

2.

27 JUNE 2016

detail on ongoing soundproofing to provide for noise amenity protection of residents which is designed to minimise graffiti.

Council write to: a) b)

the Premier, Minister for Transport and Major Projects as well as all local Federal and State Members seeking their response to these issues; and local residents within several hundred metres of the railway line, all businesses, local schools and community groups outlining this resolution and seeking their comments on the proposed work. The area to be included is bounded to the west

by Waiora Road/Upper Heidelberg Road, to the east by Rosanna Road/Brassey Avenue/Fergusson Street, to the north at Ruthven/Chapman Street and to the south at Burgundy Street.

3.

A report be prepared for Council outlining the costs associated with letters to residents in 2b above;

4.

Council request that the State Government considers the grade separation at Macleod Railway crossing will also be included in this project to limit disruption to the line during construction and remove another dangerous crossing where fatalities have occurred.

5.

Quarterly reports be tabled at Council regarding the level crossing removal and line duplication to the railway line at Rosanna until the completion of the project.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

8.2

CARRIED

ACCESS TO ANTHONY BEALE RESERVE

Cr Wayne Phillips submitted a Notice of Motion.

Resolution (CO2016/221) That a report be presented to Council to review the safety of vehicles and pedestrians accessing Anthony Beale Reserve, St Helena, from St Helena Road. The review should also include the consideration of a safe pedestrian crossing on St Helena Road, near the entrance to Anthony Beale Reserve.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

CARRIED

33

MINUTES ORDINARY MEETING OF COUNCIL

8.3

27 JUNE 2016

BANYULE HORSE RIDERS

Cr Steven Briffa submitted a Notice of Motion.

Resolution (CO2016/222) That a report be presented to Council on investigating the feasibility of providing improved connectivity, both on-road and off-road, for horse riders in the Lower Plenty and Viewbank areas. The investigation is to include commentary from other appropriate land managers, Parks Victoria and Melbourne Water, on the issue and involve discussions with the Banyule Horse Riders Association.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

8.5

CARRIED

GARAGE SALE TRAIL

Cr Tom Melican submitted a Notice of Motion.

Resolution (CO2016/223) That a report be prepared that assesses the benefits and costs associated with participating in the Garage Sale Trail program and to consider taking part in the 2016 event as a one year trial.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

8.8

CARRIED

BELL STREET MALL - CCTV UPGRADE

Cr Craig Langdon submitted a Notice of Motion.

Resolution (CO2016/224) That Council call on the Federal Opposition to match the funding announcement made by the Federal Government of a $75,000 grant for the upgrade of the CCTV in the Bell Street Mall.

Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

34

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

MINUTES ORDINARY MEETING OF COUNCIL

27 JUNE 2016

9. GENERAL BUSINESS 9.1

Community Leadership Day - Cyril Cummins Reserve Planting – Bellfield

Cr Craig Langdon acknowledged that on Wednesday, 15 June 2016, the Banyule Staff Leadership team together with the Bushland Management team, participated in planting and watering over 1,800 Indigenous tube stock on the existing beds along the Darebin Creek at Cyril Cummins Reserve and Wimpole Reserve.

This is an annual event whereby Banyule Council staff work in the field directly planting or cleaning and enables firsthand experience in understanding the local environment. Well done to all involved.

9.2

Olympic Parkland Masterplan

Cr Craig Langdon advised of an announcement from the Federal Opposition for a $500,000 commitment if elected for the Olympic Parkland Masterplan. He stated that a similar commitment from a re-elected Turnbull Government would also be welcomed.

9.3

Green Army

Cr Steven Briffa acknowledged a $1.2 million investment towards greening Melbourne’s north and north-east, including on-ground action with six new Green Army projects. The Green Army in Banyule is a hands-on, practical environmental action programme that supports local communities to undertake environment and heritage conservation projects across Australia while offering participants valuable skills and practical experience

9.4

Mary Immaculate Art Show

Cr Jenny Mulholland congratulated Mary Immaculate Primary School on their terrific Art Show with congratulations to the first prize winner.

9.5

Banyule Arts - HATCH

Cr Jenny Mulholland acknowledged the opening of the Art exhibition on 22 June 2016 celebrating the artistic talents of Banyule residents. The exhibition called for entries from all artists who live in Banyule, to have their artworks exhibited at Hatch Contemporary Arts Space. The exhibition will provide a survey of the array of talent hidden within Banyule, and provide local artists with a great opportunity to exhibit in a professional space.

9.6

Future Notice of Motion

Cr Wayne Phillips foreshadowed that he would be submitting a future Notice of Motion seeking regular reports on proposed future land purchases and sales.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016

35

MINUTES ORDINARY MEETING OF COUNCIL

10.

27 JUNE 2016

URGENT BUSINESS

Nil

Closure of Meeting The Meeting was closed at 11.05pm.

DATED:........................... DAY OF ........................... 2016

.............................................

MAYOR

36

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 11 July 2016