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Ordinary Meeting of Council Council Chambers, Service Centre 275 Upper Heidelberg Road, Ivanhoe 3 February 2014 commencing at 7.45

MINUTES THE MAYOR’S ACKNOWLEDGEMENT OF THE WURUNDJERI PEOPLE.……………… 3 PRESENT .............................................................................................................................. 3 APOLOGIES .......................................................................................................................... 3 LEAVE OF ABSENCE ........................................................................................................... 3 CONFIRMATION OF MINUTES ............................................................................................. 3 DISCLOSURE OF INTERESTS ............................................................................................. 3 PRESENTATION ................................................................................................................... 3 1. PETITIONS ...................................................................................................................... 3 Nil 2. PEOPLE – COMMUNITY STRENGTHENING AND SUPPORT ...................................... 3 Nil 3. PLANET – ENVIRONMENTAL SUSTAINABILITY ......................................................... 3 Nil 4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT................................ 4 4.1 Plenty Road Precinct Development Opportunities ................................................... 4 4.2 Greensborough Principal Activity Centre Review of Heights and Setback Requirements ......................................................................................................... 4 4.3 Multi Unit Development at 19 Magnolia Road, Ivanhoe ........................................... 5 4.4 Notice of Intention to Sell Land: 33-35 Elwers Street Watsonia North 1-3 McKenzie Court Greensborough 3 Sommerleigh Crescent Greeensborough .......................... 6 4.5 Notice of Intention to Sell Land: 52 Haig Street Heidleberg Heights ........................ 7 5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE ..................... 8 Nil 6. PERFORMANCE - USE OUR RESOURCES WISELY .................................................... 8 6.1 Assembly of Councillors .......................................................................................... 8 7. SEALING OF DOCUMENTS ........................................................................................... 9 7.1 Sealing of Documents ............................................................................................. 9

These Minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 February 2014

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MINUTES ORDINARY MEETING OF COUNCIL

3 FEBRUARY 2014

8. NOTICES OF MOTION .................................................................................................. 10 8.1 Accessibility and Amenity of train Stations In Banyule for People with Disabilities 10 8.2 Emergency Markers - Darebin Creek Trail………………………………….............. 10 8.3 Australian Made Campaign ................................................................................... 11 8.4 Live Streaming of Council Meetings ...................................................................... 11 8.5 Half Masting of Flag at the Municipal Offices, Town Hall Ivanhoe ......................... 12 9. GENERAL BUSINESS .................................................................................................. 12 9.1 Chinese New Year ................................................................................................ 12 9.2 Passing of Margaret Heathorn OAM………………………………………………… 12 9.3 Congratulations Tom Melican ............................................................................... 12 10. URGENT BUSINESS..................................................................................................... 13 10.1 Unauthorised Crossover - 16 Odenwald Road Eaglemont .................................... 13 CLOSURE OF MEETING TO THE PUBLIC......................................................................... 13 CLOSURE OF MEETING ..................................................................................................... 13

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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 February 2014


MINUTES ORDINARY MEETING OF COUNCIL

3 FEBRUARY 2014

EXTENSION OF PUBLIC FORUM (CO2014/1) Resolution That the Public Forum be extended until 8.05pm. Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

CARRIED

The Meeting opened at 8.05pm.

The Mayor’s Acknowledgement of the Wurundjeri People The Mayor read an acknowledgement of the traditional land owners, the Wurundjeri people.

Present Mayor Cr Craig Langdon, Cr Steven Briffa, Cr Wayne Phillips, Mark Di Pasquale, Cr Rick Garotti, Cr Tom Melican, Cr Jenny Mulholland. Apologies Nil Leave of Absence Nil Confirmation of Minutes That the following Minutes be confirmed: Ordinary Meeting of Council held 16 December 2013 Moved: Cr Rick Garotti Seconded: Cr Jenny Mulholland

CARRIED

Disclosure of Interests Nil Presentation

1. PETITIONS Nil 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 17 February 2014

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MINUTES ORDINARY MEETING OF COUNCIL

3 FEBRUARY 2014

4. PLACE – SUSTAINABLE AMENITY AND BUILT ENVIRONMENT 4.1

PLENTY ROAD PRECINCT DEVELOPMENT OPPORTUNITIES

SUMMARY To describe the investigation that has been done to consider residential development for properties near Plenty Road, between Grimshaw Street and the municipal boundary near LaTrobe University, and recommend that further progress can be made by Council’s C100 proposal to introduce the Victorian Government’s new residential zones. Resolution (CO2014/2) That Council: 1. Receive consultation feedback for the Plenty Road Precinct, as part of future reporting for progressing new residential zones across the City. Moved: Cr Rick Garotti Seconded: Cr Wayne Phillips

4.2

CARRIED

GREENSBOROUGH PRINCIPAL ACTIVITY CENTRE REVIEW OF HEIGHTS AND SETBACK REQUIREMENTS

SUMMARY To give a project scope for Council to consider a future review of the Greensborough Principal Activity Centre for heights and setbacks within precincts 2, 5 and 6. It is recommended that the project be considered for funding in the 2014/15 budget process. Resolution (CO2014/3) That Council: 1. Approve the project scope for a ‘Greensborough Activity Centre Zone, Precincts 2, 5 and 6 Review’. 2. Use the approved project scope, to inform a budget proposal for the ‘Greensborough Activity Centre Zone, Precincts 2, 5 and 6 Review’, so it can be considered in the 2014/15 budget process. Moved: Cr Mark Di Pasquale Seconded: Cr Wayne Phillips

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CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 February 2014


MINUTES ORDINARY MEETING OF COUNCIL

4.3

3 FEBRUARY 2014

MULTI UNIT DEVELOPMENT AT 19 MAGNOLIA ROAD, IVANHOE

Mr Kevin Biaggini, Mr Roger Fyfe & Mr John McArdle spoke on the item. SUMMARY This application considers an application for the construction of three double storey dwellings at 19 Magnolia Road, Ivanhoe. Resolution (CO2014/4) That Council having complied with Section 52, 58, 60, 61 and 62 of the Planning and Environment Act 1987, resolves that a Refusal to Grant a Planning Permit be issued in respect of Application No. P47/2013 for Development of the site with three double storey dwellings at 19 Magnolia Road IVANHOE on the following grounds: Strategic context 1.

The site is not considered appropriate for the scale and density of development proposed and is contrary to the Residential Areas Framework at Clause 21.06-2 of the Banyule Planning Scheme.

Streetscape presentation and neighbourhood character 2.

The proposed design does not have sufficient regard to the character of the surrounding area and the contribution of the existing dwelling on the land to that character with respect to the streetscape presentation of Dwelling 1.

Siting, design and neighbouring residential amenity 3.

The siting and design of the proposed development will have an overbearing physical impact upon neighbouring property and will have an adverse impact upon local residential amenity contrary to Clauses 15.01-1 – Urban Design and 21.04-1 – Housing of the Banyule Planning Scheme.

Mass, bulk, scale and neighbourhood character 4.

The mass, bulk and scale of the built form of the proposal is contrary to both the existing and preferred character of the neighbourhood and would erode the spacious and well landscaped character and have an adverse visual impact on the streetscape contrary to Clauses 15.01-1 – Urban Design, 21.04-1 – Housing, 22.02 - Residential Neighbourhood Character Policy and Standards B1 – Neighbourhood Character and B31 – Design detail of Clause 55 (ResCode) of the Banyule Planning Scheme.

Open space/landscaping 5.

Inadequate space has been provided throughout the development to provide canopy tree planting and landscaping to adequately soften views of the development from the street and neighbouring land and enhance the landscape character of the area contrary to Clauses 21.04-1 – Housing, 21.06 – Built Environment, 22.02 – Residential Neighbourhood Character Policy, 42.02 –Vegetation Protection Overlay – Schedule 3 and Standard B13 – Landscaping of Clause 55 (ResCode) of the Banyule Planning Scheme.

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 February 2014

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MINUTES ORDINARY MEETING OF COUNCIL

3 FEBRUARY 2014

Internal residential amenity 6. The proposed development would provide an inadequate level of internal residential amenity by reason of poor solar access to habitable rooms, inadequate provision of secluded private open space for the service needs of future occupants and extensive reliance upon screening of upper level windows to minimise overlooking contrary to Clause 55 (ResCode) of the Banyule Planning Scheme. Moved: Cr Jenny Mulholland Seconded: Cr Tom Melican

CARRIED

Councillor Mulholland left the Chamber at 8:35 pm. Councillor Mulholland returned to the Chamber at 8:39 pm. 4.4

NOTICE OF INTENTION TO SELL LAND: 33-35 ELWERS STREET WATSONIA NORTH 1-3 MCKENZIE COURT GREENSBOROUGH 3 SOMMERLEIGH CRESCENT GREEENSBOROUGH

Mr Roger Fyfe spoke on the item. SUMMARY Three properties have been identified as potentially being surplus to Council’s and community needs:  33-35 Elwers Street Watsonia North  1-3 McKenzie Court Greensborough  3 Sommerleigh Crescent Greensborough. These properties have been investigated and there are no impediments to prevent a possible sale of the properties. It is therefore appropriate to seek community input on Council’s intention to sell the properties in accordance with section 189(2) of the Local Government Act. Resolution (CO2014/5) 1.

That Council, being of the opinion that the Council-owned land known as:   

33-35 Elwers Street Watsonia North 1-3 McKenzie Court Greensborough 3 Sommerleigh Crescent Greensborough

are surplus to Council’s and the community’s needs, now directs that the statutory procedures be commenced under Section 189(2) and section 223 of the Local Government Act 1989 by obtaining valuations and giving public notice in the “Diamond Valley Leader” of Council’s intention to sell:    2.

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33-35 Elwers Street Watsonia North 1-3 McKenzie Court Greensborough 3 Sommerleigh Crescent Greensborough

A further report be presented to Council following the completion of the statutory procedures referred to in Item 1, but in any event not less than 28 days after public notice is given, following which, Council will determine whether to sell or retain the

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 February 2014


MINUTES ORDINARY MEETING OF COUNCIL

3 FEBRUARY 2014

Council-owned land referred to in Item 1. 3.

The residents in the surrounding streets be notified of Council’s intention to sell the above land as surplus to Council’s needs and requirements and be given an opportunity to respond.

4.

Such advertising to include onsite notice.

5.

Investigate and undertake all necessary actions to ready the properties for sale.

Moved: Cr Wayne Phillips Seconded: Cr Steven Briffa 4.5

CARRIED

NOTICE OF INTENTION TO SELL LAND: 52 HAIG STREET HEIDLEBERG HEIGHTS

SUMMARY To approve the commencement of the statutory procedures to sell the Council-owned land known as 52 Haig Street, Heidelberg Heights. Councillor Briffa left the Chamber at 9:19 pm. Councillor Briffa returned to the Chamber at 9:21 pm. Resolution (CO2014/6) That: 1. Council directs that the statutory procedures be commenced under Section 189(2) and section 223 of the Local Government Act 1989 by obtaining valuations and giving public notice in the “Heidelberg Leader” and the “Diamond Valley Leader” of Council’s intention to sell the land known as: 

52 Haig Street, Heidelberg Heights.

2.

Council confirms its commitment to providing 2400m² of open space in any future development at the site by utilising land previously set aside for the proposed Elliott Street extension.

3.

A further report be presented to Council following the completion of the statutory procedures referred to in Item 1, but in any event not less than 28 days after public notice is given, following which, Council will determine whether to sell or retain the Council-owned land referred to in Item 1.

4.

Council officers investigate and undertake all necessary actions to ready the land for sale.

Moved: Cr Wayne Phillips Seconded: Cr Craig Langdon

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 February 2014

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MINUTES ORDINARY MEETING OF COUNCIL

3 FEBRUARY 2014

5. PARTICIPATION – COMMUNITY INVOLVEMENT IN COMMUNITY LIFE Nil 6. PERFORMANCE - USE OUR RESOURCES WISELY 6.1

ASSEMBLY OF COUNCILLORS

SUMMARY Under the Local Government Act 1989 an Assembly of Councillors is defined as: A meeting of an advisory committee of the Council, if at least one Councillor is present or; A planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to bea) the subject of a decision of the Council or; b) subject to the exercise of a function, duty or power of the Council that has been delegated to a person or committee. In accordance with Section 80A of the Local Government Act 1989 Council is required to report as soon as possible to an Ordinary Meeting of Council a record of any assemblies of Councillors held. Below is the latest listing of notified assemblies of Councillors held at Banyule City Council. RECORD OF ASSEMBLIES 1

Date of Assembly:

16 December 2013

Type of Meeting:

Councillor Briefing

Matters Considered:

Items on the Council Agenda for the Ordinary Meeting of 16 December 2013 (excluding confidential items) Steven Briffa Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips

Councillors Present:

Staff Present:

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Others Present:

Simon McMillan, Chief Executive Officer Allison Beckwith, Director – Community Programs Geoff Glynn, Director – Assets & City Services Keith Yeo, Director – Corporate Services Gina Burden, Manager – Governance, Information and Laws Vivien Ferlaino, Governance & Information Co-Ordinator Daniel Kollmorgen, Acting Manager – Strategic & Economic Development Michael Hutchison, Projects Co-Ordinator – City Development Shaun Barber, School Sites Redevelopment Project Manager Joel Elbourne, Acting Manager –Development Services Andy Wilson, Team Leader – Development Planning Kevin Ayen, Transport Team Leader –Engineering Services Nil

Conflict of Interest:

Cr Rick Garotti declared a conflict of interest in item 8.3

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 February 2014


MINUTES ORDINARY MEETING OF COUNCIL

3 FEBRUARY 2014

and left the room at 7.30 before the item was discussed. 2

Date of Assembly:

16 December 2013

Type of Meeting:

Strategic Property Group

Matters Considered:

Confidential Matters – Property and Proposed Developments Steven Briffa Mark Di Pasquale Craig Langdon Wayne Phillips

Councillors Present:

Others Present:

Scott Walker, Director – City Development Daniel Kollmorgen, Acting Manager – Strategic & Economic Development Michael Hutchison, Projects Co-Ordinator – City Development Nil

Conflict of Interest:

Nil

Staff Present:

Resolution (CO2014/7) That the Assembly of Councillors report be received. Moved: Cr Tom Melican Seconded: Cr Wayne Phillips

CARRIED

7. SEALING OF DOCUMENTS 7.1

SEALING OF DOCUMENTS

Resolution (CO2014/8) That the Common Seal of the Banyule City Council be affixed to the following document: 1.

The Loan Guarantee between Banyule City Council, Macleod Tennis Club Inc. and the Commonwealth Bank of Australia for $25,000 for the redevelopment of the four tennis courts.

Moved: Cr Rick Garotti Seconded: Cr Jenny Mulholland

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 February 2014

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MINUTES ORDINARY MEETING OF COUNCIL

3 FEBRUARY 2014

8. NOTICES OF MOTION 8.1

ACCESSIBILITY AND AMENITY OF TRAIN STATIONS IN BANYULE FOR PEOPLE WITH DISABILITIES

Cr Rick Garotti submitted a Notice of Motion Councillor Mulholland left the Chamber at 9:21 pm. Councillor Mulholland returned to the Chamber at 9:24 pm. Resolution (CO2014/9) "That Council: 1.

2.

3.

4.

Write to the Victorian Transport Minister to seek information on the accessibility and amenity of train stations in Banyule for people with disabilities including its compliance with State and Federal Government disability access legislation; Seek advice on any plans the Victorian Government has to improve the accessibility and amenity of the stations for disabled people, the elderly and those with mobility problems; Encourage the Victorian Government to consider improvements to the stations that could significantly enhance access and usage of the Station for all residents such as the installation of a lift; and Provide a copy of this correspondence to all local State Members of Parliament and seek their feedback on this issue."

Moved: Cr Rick Garotti Seconded: Cr Tom Melican

8.2

CARRIED

EMERGENCY MARKERS - DAREBIN CREEK TRAIL

Cr Rick Garotti submitted a Notice of Motion Resolution (CO2014/10) “That Council: 1. Refer funding for consideration in the 2014/15 Budget for the cost of installing emergency markers advocated by the State Emergency Services Telecommunication Authority (ESTA) along its section of the Darebin Creek Trail. 2. Write to the Darebin and Whittlesea City Councils and the Darebin Creek Management Committee requesting that they support the introduction of numbered emergency makers along their respective sections of the Darebin Creek Trail. 3. Write to the Yarra City Council requesting that it support the introduction of numbered emergency markers along the proposed section of the Darebin Creek Trail which, once completed, will fall within its boundaries. 4. A report be presented back to Council.� Moved: Cr Rick Garotti Seconded: Cr Mark Di Pasquale

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CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 February 2014


MINUTES ORDINARY MEETING OF COUNCIL

8.3

3 FEBRUARY 2014

AUSTRALIAN MADE CAMPAIGN

Cr Rick Garotti submitted a Notice of Motion Resolution (CO2014/11) “That Council: 1. Commits to utilise Australian manufacturers and service providers where practicable as our way of supporting Australian jobs in a time of increasing global uncertainty. 2. Explores the opportunity to become a supporter of the Australian Made Australian Grown (AMAG) campaign. 3. Considers a future report about the anticipated benefits of membership and implications for Council’s resource allocation for economic development activity. 4. Considers any resource implications of becoming an AMAG supporter in the 2014/15 budget process.” Moved: Cr Rick Garotti Seconded: Cr Tom Melican

8.4

CARRIED

LIVE STREAMING OF COUNCIL MEETINGS

Cr Jenny Mulholland submitted a Notice of Motion Beverley Moss spoke on the item. Resolution (CO2014/12) “That a report be presented to Council in regards to providing live streaming of Council meetings. The report to include: 1. 1. Cost to provide live streaming through the Banyule website. 2. 2. Other councils currently providing this service and associated policies. 3. 3. Any other issues relating to providing this service.” Moved: Cr Jenny Mulholland Seconded: Cr Rick Garotti

CARRIED

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 February 2014

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MINUTES ORDINARY MEETING OF COUNCIL

8.5

3 FEBRUARY 2014

HALF MASTING OF FLAG AT THE MUNICIPAL OFFICES, TOWN HALL IVANHOE

Cr Jenny Mulholland submitted a Notice of Motion Beverley Moss spoke on the item. Resolution (CO2014/13) “That Council officers provide a report on the half-masting of the Town Hall flag as a tribute following death of former Councillors (Banyule or its predecessors), local State or Federal Members or prominent citizens on day of their funeral.” Moved: Cr Jenny Mulholland Seconded: Cr Mark Di Pasquale

CARRIED

9. General Business 9.1

CHINESE NEW YEAR

Cr Jenny Mulholland congratulated the Chinese Community on Chinese New Year and particularly the Mall traders and Stavros Zikou from the Ivanhoe Traders Association for putting on the Chinese New Year Festival on Friday. She also thanked staff, volunteers and the community that participated in the event. 9.2

PASSING OF MARGARET HEATHORN OAM

Cr Jenny Mulholland foreshadowed that she will raise in the next Council Agenda a tribute to Margaret Heathorn OAM on her recent passing.

9.3

CONGRATULATIONS TOM MELICAN

Cr Rick Garotti congratulated Cr Tom Melican on passing the Australian Company Directors Course.

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These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 February 2014


MINUTES ORDINARY MEETING OF COUNCIL

3 FEBRUARY 2014

10. Urgent Business 10.1 UNAUTHORISED CROSSOVER - 16 ODENWALD ROAD EAGLEMONT Resolution (CO2014/14) That Council consider an item of Urgent Business Moved: Cr Jenny Mulholland Seconded: Cr Steven Briffa RECOMMENDATION

CARRIED

“That: 1.

Action to place a physical barrier in front of the unauthorised crossover at 16 Odenwald Road Eaglemont is postponed until the 30th May 2014.

2.

The occupier is invited to meet with Council officers, the Mayor and Ward Councillor regarding this matter.”

Moved: Cr Jenny Mulholland Seconded: Cr Mark Di Pasquale

LOST

Cr Jenny Mulholland called for a division: FOR: AGAINST:

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

The Mayor declared the motion

LOST

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

CARRIED

The Meeting was adjourned at 10.33pm.

The Meeting was closed to the public at 10.40pm.

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

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

These minutes are circulated subject to confirmation by Council at the next Ordinary Meeting to be held on 17 February 2014

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Banyule Council Meeting 3 February 2014 Minutes