PREVIOUS MINUTES

Document Sample
PREVIOUS MINUTES Powered By Docstoc
					                                                               Melbourne City Council

                                                                                 MINUTES
                                                                         Meeting Number 17
                                                                  Tuesday, 24 November 2009
                                                                                       5pm




PRESENT
Lord Mayor, Robert Doyle
Deputy Lord Mayor, Susan Riley
Councillor Peter Clarke
Councillor Carl Jetter
Councillor Jennifer Kanis
Councillor Kevin Louey
Councillor Cathy Oke
Councillor Ken Ong
Councillor Brian Shanahan




                                 To be confirmed at the meeting of Council on 15 December 2009.
1.     COMMENCEMENT OF MEETING AND APOLOGIES

The meeting commenced at 5pm.

The Chair, Lord Mayor, Robert Doyle, read the following acknowledgment statement:

                 I welcome Councillors, Management and members of the public in attendance to the City of
                 Melbourne. We respectfully acknowledge that we are meeting on the traditional land of the Kulin
                 Nation. This special place is now known by its European name of Melbourne. Today, Melbourne
                 is one of the great multicultural cities of the world, a significant meeting place. For the great
                 Kulin Nation, Melbourne has always been an important meeting place and location for events of
                 social, educational, sporting and cultural significance.

The Chair, Lord Mayor, Robert Doyle, advised that:
•    the agenda comprised 12 Reports from Committees, three of which were confidential, and one Report from
     Management; and
•    no apologies had been received.


2.     DISCLOSURES OF CONFLICTS OF INTEREST

The Chair, Lord Mayor, Robert Doyle, advised that conflicts of interest would be disclosed as they arose.


3.     CONFIRMATION OF THE MINUTES OF THE PREVIOUS MEETING

Moved:           Cr Ong

                 That the minutes of open meeting No 16, held on Tuesday, 27 October 2009, be confirmed.

Seconded:       Deputy Lord Mayor, Susan Riley
Carried unanimously.


4.     MATTERS ARISING FROM THE MINUTES OF THE PREVIOUS MEETING

There were no matters arising from the open minutes of the previous meeting.


5.     REPORTS FROM COMMITTEES

ITEMS OF CORRESPONDENCE

The Chair, Lord Mayor, Robert Doyle, advised that an item of correspondence had been received in accordance with
the Council’s Conduct of Meetings Local Law 2001 in relation to Agenda Item 6.1, “Planning Scheme Amendment
C125” from Ian McP Pitt, Special Counsel, Best Hooper Solicitors.

The Chair, Lord Mayor, Robert Doyle, further advised that correspondence had been received by Cr Louey from Dr
Kia Pajouhesh, Chairman of the Manchester Unity Building in relation to Agenda Item 5.1, “Howey Place,
Melbourne – Extension to Intermittent Closure”.


STATUS OF CONFIDENTIAL ITEM

There were no confidential items brought forward for consideration in the open session of the meeting.




                                                                                                                 2
CONNECTED CITY COMMITTEE

5.1.   Howey Place, Melbourne – Extension to Intermittent Closure

The purpose of this report was to recommend that the intermittent closure of Howey Place, Melbourne be extended
in order to facilitate increased outdoor dining opportunities for the cafés that are currently operating along Howey
Place and Presgrave Place, and to generally improve pedestrian amenity in this area.

In response to questions raised by Councillors, the Manager Engineering Services, Geoff Robinson, made the
following comments:
•      the correspondence received from Dr Pajouhesh was emailed to Council two weeks after the item had been
       considered at the 10 November 2009 Connected City Committee;
•      the matter had been through the usual statutory process with an advertisement being placed in The Age and
       on Council’s website in April;
•      a mail out was undertaken of 830 letters to surrounding properties and it was identified that no submissions
       were received from Presgrave Place, which runs off Howey Place, and as a result a further mail out of another
       100 letters was undertaken;
•      nine submissions were received with seven objecting to the proposal and two in support of the proposal;
•      the Committee of Management for the Manchester Unity Building made no representation at the Submissions
       (Section 223) Committee meeting held in August;
•      the change of the meeting date was placed on Council’s website and a public notice being placed in the notice
       board located at the front of the Town Hall Administration Building; and
•      Council could resolve to close Howey Place and apply a permit process to address access concerns of the
       Manchester Unity Building Committee of Management.

Discussion ensued in relation to the access concerns raised by the Manchester Unity Building Committee of
Management and how best to address the issues.

Moved:            Cr Louey

                  1.    That Council:
                        1.1. approve the extension of the intermittent closure of Howey Place, Melbourne to
                              vehicular traffic from the current 11am to 4pm, Monday to Friday to 10am to 4pm,
                              Monday to Sunday as shown on the attached locality plan number 8P1710
                              (Attachment 1 of the Committee report) to include access provisions for the
                              Manchester Unity building without further costs to the Committee of Management;
                              and
                        1.2. notify in writing every person who has lodged a separate submission of the decision
                              and reason/s for the decision.

Seconded:       Cr Clarke
Carried unanimously.


5.2.   Proposal to Amend Road Management Plan

The purpose of this report was to seek approval of the proposal to amend Council’s Road Management Plan and to
commence the public notice process as required under the provisions of the Road Management (General)
Regulations 2005.

Moved:            Cr Louey

                  1.    That Council:
                        1.1. in accordance with regulation 303 of the Road Management (General) Regulations
                              2005 (“the Regulations”) propose to amend its Road Management Plan (“the
                              proposed amendment”) by:
                              1.1.1. defining the categories of roads to which the Road Management Plan applies;
                              1.1.2. broadening the range of assets managed under the Road Management Plan;
                              1.1.3. varying the frequency of inspections of roads and footpaths; and
                              1.1.4. varying the response times for undertaking repairs to identified defects;
                        1.2. authorise the Administration to prepare and give public notice of the proposed
                              amendment in The Age and the Victorian Government Gazette;
                        1.3. in accordance with regulation 303(1)(d) of the Regulations, appoint the Manager
                              Engineering Services to:

                                                                                                                       3
                                1.3.1. consider any submissions received in relation to the proposed amendment;
                                       and
                                1.3.2. if submissions are received, report back with recommendation to the Council
                                       through the Connected City Committee; and
                         1.4.   note that if no submissions are received, the proposed amendment will be made
                                under delegation.

Seconded:       Cr Ong
Carried unanimously.


PLANNING COMMITTEE

5.3.   Application for Planning Permit TP-2009-357: 87-101 Roden Street, West Melbourne

The purpose of this report was to provide advice in relation to a planning permit application to demolish an existing
building and construct a four and six storey building for 92 dwellings with a partial car parking waiver.

Moved:            Cr Clarke

                  1.     That Council determine to issue a Notice of Decision to Grant a Permit subject to the
                         conditions at Attachment 1 of the Committee report with the following amendments:
                         1.1. that the six storey component be reduced to four storeys;
                         1.2. that the total number of units not exceed 74;
                         1.3. that the distance between the two residential towers be increased to nine metres; and
                         1.4. that the applicant consider amelioration measures to reduce the impact of the exiting
                                vehicles from the car park.

Seconded:         Cr Shanahan

The motion was put and carried with the Chair, Lord Mayor, Robert Doyle, Deputy Lord Mayor, Susan Riley and
Councillors Clarke, Jetter, Louey, Oke and Shanahan voting in favour of the motion and Councillors Kanis and Ong
voting against the motion.


5.4.   Melbourne Planning Scheme Amendment C133 – Maximum Car Parking Rate for Residential
       Developments

The purpose of this report was to recommend the adoption of Melbourne Planning Scheme Amendment C133 –
maximum car parking rate for residential developments and submit the adopted amendment to the Minister for
Planning.

Moved:            Cr Clarke

                  That Council refer consideration of this item to the 1 December 2009 Planning Committee
                  meeting.

Seconded:       Cr Ong
Carried unanimously.


FINANCE AND GOVERNANCE COMMITTEE

5.5.   Delegations Review

The purpose of this report was to review the Council’s current delegations to staff under the Planning and
Environment Act 1987, Road Management Act 2004 and the Health Act 1958 and to revoke delegations by Council
which are now redundant.




                                                                                                                     4
Moved:          Cr Shanahan

                1.     That Council:
                       1.1. revoke the redundant instruments of delegation to officers of the Council as listed at
                             Attachment 1 of the Committee report, with such revocations to take effect
                             immediately;
                       1.2. by instrument of delegation sealed by the Council under section 188(1) of the
                             Planning and Environment Act 1987, delegate to the persons from time to time
                             holding the positions referred to in Attachment 2 of the Committee report its powers,
                             discretions and functions under the Planning and Environment Act 1987 subject to:
                             1.2.1. the restrictions contained in section 188(2) of the Planning and
                                       Environment Act 1987 and section 98(1) of the Local Government Act
                                       1989;
                             1.2.2. compliance with the Delegations Policy adopted by Council on 27 October
                                       2009; and
                             1.2.3. compliance with the Delegations Policy for Planning Applications
                                       appearing as Attachment 3 of the Committee report amended by replacing
                                       existing paragraph seven with the following words:
                                       1.2.3.1. “provides for a land use or development that is inconsistent with
                                                  a major amendment exhibited or adopted by Council”;
                       1.3. revoke the instrument of delegation by Council under the Planning and Environment
                             Act 1987 made by resolution of the Council on 28 April 2008 with such revocation
                             to take effect immediately after the execution of the instrument of delegation referred
                             to in paragraph 1.2 above; and
                       1.4. determine not to make any changes to the current delegations appearing as
                             Attachments 4 and 5 of the Committee report in respect to the Road Management
                             Act 2004 and the Health Act 1958 other than to revoke the delegation to the
                             Manager Regulatory Services (Planning and Building) under the Road Management
                             Act 2004, as this position no longer exists.

Seconded:       Deputy Lord Mayor, Susan Riley
Carried unanimously.


5.6.   Proposed Discontinuance and Sale of Havelock Place (Corporation Lane No. 108), Melbourne

The purpose of this report was to advise Council of a request by RMIT University (“RMIT”) that Council
discontinue and sell Havelock Place (Corporation Lane No. 108), Melbourne to RMIT on the terms recommended in
the attached Committee report.

Moved:          Cr Shanahan

                1.     That Council:
                       1.1. note the proposal from RMIT and the nominated benefits for Council;
                       1.2. note the assessed market value of the road is $485,000;
                       1.3. note RMIT’s proposed capital improvement contribution at $1,140,000 but also note
                             that the net benefit to Council in the case of the RMIT proposal, whilst positive, is
                             considered to be marginal;
                       1.4. approve, subject to confirmation of capital improvement contribution, the
                             discontinuance of the road and transfer to RMIT for development associated with the
                             Swanston Academic Building project;
                       1.5. approve the transfer, at 50 per cent of the assessed market value of the road
                             ($242,500), to RMIT plus Council’s reasonable costs for administrative processing;
                       1.6. reserve the funds from the purchase price for projects for the welfare and wellbeing
                             of tertiary students in the City of Melbourne; and
                       1.7. request that a report is provided to the 9 February 2010 Finance and Governance
                             Committee meeting on options for the expenditure of the funds.

Seconded:       Cr Kanis

The motion was put and carried with the Chair, Lord Mayor, Robert Doyle, Deputy Lord Mayor, Susan Riley and
Councillors Jetter, Kanis, Louey, Oke, Ong and Shanahan voting in favour of the motion and Cr Clarke voting
against the motion.


                                                                                                                  5
The Chair, Lord Mayor, Robert Doyle, commended Cr Shanahan for his contribution in achieving an equitable
outcome in relation to this matter.


5.7.   2009/2010 First Quarter September 2009 Year to Date Financial Performance Report

The purpose of this report was to inform Council of the financial performance for the quarter ending September
2009, in accordance with the Local Government Act 1989.

Moved:            Cr Shanahan

                 That Council accept the quarterly financial performance report as at 30 September 2009.

Seconded:       Cr Jetter
Carried unanimously.

Cr Shanahan commended Councillors and Council Officers for the prudent and effective management of Council’s
funds demonstrated by:
•     AAA credit rating;
•     second lowest rate rise in Victoria;
•     surplus to budget at first quarter;
•     difficult economic climate; and
•     large capital works investment.


5.8.   Attendance at Copenhagen Climate Summit

The purpose of this report was to seek approval for the Lord Mayor to travel to Copenhagen and London and Cr
Oke’s travel to Copenhagen in December 2009.

Moved:            Cr Shanahan

                 1.     That Council:
                        1.1. approve the Lord Mayor’s participation in the Copenhagen Climate Summit for
                              Mayors and Councillor Oke’s participation in advocacy activities associated with
                              the UN Climate Change Conference;
                        1.2. note that, as part of the proposed travel arrangements, the Lord Mayor will hold
                              meetings in London to further opportunities for Enterprise Melbourne;
                        1.3. approve the Lord Mayor to travel to Copenhagen and London for the period 12
                              December to 22 December 2009;
                        1.4. approve Cr Oke to travel to Copenhagen for the period 4 December to 18 December
                              2009;
                        1.5. approve the estimated costs for the Lord Mayor’s travel totalling $19,020 including
                              business class airfares at an estimated cost of $7,500 accommodation at an
                              estimated cost of $7,820 and incidentals of $3,700;
                        1.6. approve the estimated costs for Cr Oke’s travel totalling approximately $6,480
                              including accommodation at an estimated cost of $2,000 and incidentals of $4,480;
                        1.7. note that the Lord Mayor will be accompanied by his Chief of Staff and the Director
                              City Planning and Infrastructure; and
                        1.8. note that the Lord Mayor and Cr Oke will prepare a report to the Council within 14
                              days of the finalisation of travel costs.

Seconded:       Deputy Lord Mayor, Susan Riley
Carried unanimously.

Cr Oke commended the Council of Capital City Lord Mayors, the Chair, Lord Mayor, Robert Doyle, and Council
staff for the considerable efforts undertaken in relation to preparing for the Copenhagen Climate Summit.


5.9.   Yarra Park – Turf Wicket Nursery Lease

The purpose of this report was to seek approval to proceed with entering into a lease for the Turf Nursery in Yarra
Park.


                                                                                                                      6
Moved:           Cr Shanahan

                 1.     That Council:
                        1.1. notes the resolution of the turf wicket nursery report of September 2008 which states
                              “That Council resolve that the rental for the area of the turf wicket be put on hold
                              pending the outcome of discussions with the MCG regarding the long term
                              improvement plan of Yarra Park” and that the intent of this resolution is now
                              underway with the proposal for a Master Plan for the park;
                        1.2. in accordance with Sections 190(3)(b) and 223 of the Local Government Act 1989
                              (“the Act”), pursuant to Section 17D of the Crown Land (Reserves) Act 1978 (“CLR
                              Act”) enter into a lease with the Melbourne Cricket Club (“the Club”) for a turf
                              wicket nursery in Yarra Park on the following terms and conditions:
                              1.2.1. a term of ten years, with an option for a further five years, commencing on a
                                     date to be fixed;
                              1.2.2. the lessee will pay Council a rental of the assessed value of $48,000 per
                                     annum;
                              1.2.3. the lessee will be responsible for all the costs associate with construction and
                                     maintenance of the nursery, and for the payment of all rates, taxes, charges
                                     and levies imposed during the lease period, and any additional taxes which
                                     may be introduced during this period;
                              1.2.4. Council and the lessee agree that if alternative locations for the nursery arise
                                     that offer the opportunity to relocate out of Yarra Park that these will be
                                     pursued;
                              1.2.5. other such terms and conditions as may be required by the Manager Legal
                                     Services;
                        1.3. authorise the Administration to prepare and give public notice of the proposed lease
                              in accordance with Sections 190(3) and Section 223 of the Act;
                        1.4. in accordance with Section 223 of the Act appoint the Submissions Committee to:
                              1.4.1. consider any written submissions received in relation to the proposed lease;
                              1.4.2. hear any person wishing to be heard in support of a written submission, at a
                                     meeting of the Submissions (Section 223) Committee; and
                              1.4.3. if written submissions are received, report back with recommendations to the
                                     Council through the Finance and Governance Committee;
                        1.5. note that if no submissions are received, the proposed lease will be entered into
                              under delegation in accordance with the terms and conditions specified above;
                        1.6. pursuant to Section 223(3) of the Act, authorise the Manger Legal Services to carry
                              out administrative procedures necessary to enable the Council to carry out its
                              functions under that section;
                        1.7. request that the officer present Council’s principles of the proposed Master Plan at
                              the December 2009 Eco-City Committee meeting; and
                        1.8. re-invest the lease hold money into further development of the park.

Seconded:       Deputy Lord Mayor, Susan Riley
Carried unanimously.


6      REPORTS FROM MANAGEMENT

6.1.   Planning Scheme Amendment C125

The purpose of this report was to provide advice following discussions with the Department of Planning and
Community Development, as per Council’s resolution of 27 October 2009.

Moved:           Cr Clarke

                 1.     That Council, based on the report of the joint Panel/Advisory Committee (PAC) and further
                        discussions with the Department of Planning and Community Development (DPCD):
                        1.1. advise the Minister for Planning that Council:
                               1.1.1. considers the issue of height and built form controls for the subject sites to
                                        be of State significance;
                               1.1.2. requests the Minister prepare and approve a site specific Amendment to the
                                        Melbourne Planning Scheme under Section 20(4) of the Planning and
                                        Environment Act 1987 to introduce a development control for the subject
                                        sites. This ministerial Amendment will be Amendment C155 to the
                                        Melbourne Planning Scheme;
                                                                                                                   7
                              1.1.3.   forwards to DPCD the recommendations of the joint panel advisory
                                       committee report for consideration in resolving the proposed Amendment
                                       C155;
                              1.1.4.   resolves to abandon Amendment C125 to the Melbourne Planning Scheme
                                       should the Minister for Planning proceed with Ministerial Planning Scheme
                                       Amendment C155; and
                              1.1.5.   agrees to participate in a process to be set up by DPCD to resolve the issue
                                       of development and building envelope controls for the subject sites.

Seconded:       Cr Kanis
Carried unanimously.


7   GENERAL BUSINESS

There were no items of General Business.


8   URGENT BUSINESS

There were no items of Urgent Business.


9   CLOSURE OF OPEN MEETING

Moved:           Cr Jetter

                 That pursuant to section 89(2)(d) and (h) of the Local Government Act 1989, the meeting of the
                 Council be closed to members of the public for the consideration of the Agenda Items 5.10 to 5.12
                 as:
                 •     Agenda Item 5.10 contains information in relation to contractual matters; and
                 •     Agenda Item 5.11 and 5.12 contain information, which if released, could prejudice the
                       Council or any person.

Seconded:       Cr Ong
Carried unanimously.

The Chair, Lord Mayor, Robert Doyle, declared the meeting closed to members of the public at 6.09pm.

To be confirmed at the open meeting of Council on 15 December 2009.




                                                                                           Chief Executive Officer
                                                                                              Dr Kathy Alexander




                                                                                                           Chair
                                                                                        Lord Mayor, Robert Doyle




 The reports considered in the decision making process (summaries of which are incorporated in these minutes) can
                                be found at www.melbourne.vic.gov.au/committees
                                                                                                                 8

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:3
posted:9/29/2011
language:English
pages:8