Minutes for the Ordinary Meeting of Council Held at The

/ Knox City Council
Minutes
Ordinary Meeting of Council
Held at the
Civic Centre
511 Burwood Highway
Wantirna South
On
Wednesday 27 April 2011

KNOX CITY COUNCIL

MINUTES FOR THE ORDINARY MEETING OF COUNCIL HELD AT THE

CIVIC CENTRE, 511 BURWOOD HIGHWAY, WANTIRNA SOUTH

ON
WEDNESDAY 27 APRIL 2011 AT 7.02P.M.

PRESENT:

Cr S McMillan (Mayor & Chairperson) / Dobson Ward
Cr J Mortimore / Chandler Ward
Cr J Cossari / Collier Ward
Cr A Gill / Dinsdale Ward
Cr A Walter / Friberg Ward
Cr D Cooper / Scott Ward
Cr D Pearce / Taylor Ward
Cr M Van de Vreede / Tirhatuan Ward
Mr G Emonson / Chief Executive Officer
Mr I Bell / Director – Engineering & Infrastructure
Mr P Dickie / Acting Director - City Development
Mr M Dupe / Director – Corporate Development
Ms K Stubbings / Director – Community Services

THE MEETING OPENED WITH A STATEMENT OF ACKNOWLEDGEMENT,
A STATEMENT OF COMMITMENT AND A PRAYER

“Knox City Council acknowledges we are on the

traditional land of the Wurundjeri and Bunurong people

and pay our respects to elders both past and present.”

COUNCIL27 April 2011

BUSINESS:Page Nos.

1.APOLOGIES AND REQUESTS FOR LEAVE OF ABSENCE

Councillor Cole has previously been granted Leave of Absence for
this Evening’s Meeting.

Councillor Mortimore sought Leave of Absence from Council for the period
16 May to 13 June 2011.

MOVED:CR. COOPER

SECONDED:CR. COSSARI

That Councillor Mortimore be granted Leave of Absence for the period 16 May to 13 June 2011.

CARRIED

2.DECLARATIONS OF CONFLICT OF INTEREST

Councillor Van de Vreede declared a direct interest pursuant to Section 77B of the Local Government Act 1989 in Item 11 on the Agenda on the grounds thathe lives within the Stud Park Structure Plan Study Area.

3.CONFIRMATION OF MINUTES

MOVED:CR. WALTER

SECONDED:CR. COOPER

3.1Confirmation of Minutes of Ordinary Meeting of Council
held on Tuesday 22 March 2011

CARRIED

MOVED:CR. WALTER

SECONDED:CR. COOPER

3.2Confirmation of Minutes of Strategic Planning Committee
Meeting held on Tuesday 12 April 2011

CARRIED

4.PETITIONS AND MEMORIALS

4.1Councillor Gill presented a second petition with 374 signatories raising ongoing concerns in regards to the Leisureworks facilities. A similar petition last month was presented with 410 signatories. This totals 784 signatories to this petition.

The Petition lay on the table.

4.2Councillor Mortimore presented a petition with 886 signatories raising concerns against high density living in Boronia.

The Petition lay on the table.

4.3Councillor Mortimore provided a memorial tribute on behalf of
Roy Ritchie a long term resident of The Basin, who recently passed away.

5.REPORTS BY COUNCILLORS

5.1 / Committees & Delegates / 1.
5.2 / Ward Issues / 3.

6.MOTIONS FOR WHICH NOTICE HAS PREVIOUSLY BEEN GIVEN

6.1 / Notice of Motion No 16 – Stud Park Structure Plan (Stage 2) / 5.

7.CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE CITY DEVELOPMENT GROUP

7.1 / All Wards
Report Of Planning Applications Decided Under Delegation (160/1/06) / 9.
7.2 / Dinsdale Ward
Application To Develop The Land For Seven (7) Three Storey Dwellings And One (1) Double Storey Dwelling (Total Of Eight (8) Dwellings) At 633 Mountain Highway, Bayswater, Melway Ref. 64 D4 (Application No. P/2010/6628) / 15.
7.3 / Dinsdale Ward
Proposed Planning Scheme Amendment C104 To Rezone 13 Cullis Parade, Bayswater From Public Use Zone 6 (Local Government) To Residential 3 Zone / 43.
7.4 / Tirhatuan Ward
Opportunity And Options For Better Use Of 3 Rumann Avenue Scoresby And Benedikt Reserve / 50.

8.PUBLIC QUESTION TIME

(Following the completion of business relating to Item 7, City Development,
the business before the Council Meeting was deferred to consider questions
submitted by the public).57.

9.CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE COMMUNITY SERVICES GROUP

9.1 / All Wards
Former Ferntree Gully Secondary College Site / 63.
9.2 / Dinsdale Ward
The Bayswater Primary School – Proposed Preschool Partnership With Council / 66.

10.CONSIDERING AND ORDERING UPON OFFICERS’ REPORTS WITHIN THE CORPORATE DEVELOPMENT GROUP

10.1 / All Wards
Constitutional Recognition Of Local Government / 83.
10.2 / All Wards
Review Of Policy For Bicycle Path/Shared Path On Non Council Owned Land / 88.
10.3 / Taylor Ward
Transfer Of Land Contained In Certificate Of Title Volume 7935 Folio 050 From Guides Victoria To Knox City Council (Melway Ref: 82 D6) / 94.
10.4 / All Wards
Proposed Fees and Charges 2011-12 / 99.

11.ITEMS FOR INFORMATION

11.1 / All Wards
Assemblies of Councillors / 130.
11.2 / All Wards
Ward Contingency Fund Allocations for Period 1 January to
31 March 2011 / 147.
11.3 / All Wards
Works Report (As At 11 April 2011) / 156.

12.SUPPLEMENTARY ITEMS173.

13.URGENT BUSINESS173.

13.1Urgent Business173.

13.1.1Proposed Boronia Structure Plan & Amendment C62173.

COUNCIL - REPORTS BY COUNCILLORS27 April 2011

5.REPORTS BY COUNCILLORS

5.1Committees & Delegates

5.1.1COUNCILLOR DARREN PEARCE

Councillor Pearce attended the following Meetings

Annual Budget Review (x2)
Chief Executive Performance Evaluation Review

5.1.2COUNCILLOR ADAM GILL

Councillor Gill attended the following Meetings

Eastern Regional Library – Integration of Children Services with LibraryServices

5.1.3COUNCILLOR MICK VAN DE VREEDE

Councillor Van de Vreede attended the following Meetings

Knox Affordable Housing Reference Group
Stamford Park Project Steering Committee
Minister for Planning - Affordable Housing Discussion
Annual Budget Review (x2)
Eastern Transport Coalition
Planning Consultative Committee (x3)
Public Transport Consultative Committee

5.1.4COUNCILLOR JOE COSSARI

Councillor Cossari attended the following Meetings

Knox Multicultural Advisory Committee
Annual Budget Review (x2)
Audit Committee

5.1.5COUNCILLOR ANDREW WALTER

Councillor Walter attended the following Meetings

Community Development Fund Evaluation Panel (x2)
Planning Consultative Committee (x2)

5.1.6COUNCILLOR JOHN MORTIMORE

Councillor Mortimore attended the following Meetings

The Basin Preschool
Housing Advisory Committee (x2)
Healthy Ageing Advisory Committee
Pedestrian Advisory Committee
Mobility Study Workshop
National Sustainable Food Summit (x2)

5.1Committees & Delegates (cont’d)

5.1.6Councillor John Mortimore (cont’d)

Knox Disability Advisory Committee
Annual Budget Review (x2)
Community Health & Wellbeing Reference Group
Anzac Day Commemoration Service
Environment Advisory Committee
Planning Consultative Committee
Environment Advisory Committee

5.1.7COUNCILLOR DAVID COOPER

Councillor Cooper attended the following Meetings

Revegetation Plan (Stamdord Park Homestad)
Stamford Park Project Steering Committee
Knox Multicultural Advisory Committee
Annual Budget Review (x2)
Chief Executive Performance Evaluation Review

5.1.8COUNCILLOR SUE McMILLAN (MAYOR)

Councillor McMillan attended the following Meetings

Angliss Hospital Auxillary’s 71st Annual General Meeting
Revitalising Neighbourhoods
Bayswater Library Project
Local Government Water Sensitive Urban Design Celebration
Sherbrooke Little Athletics Annual General Meeting
Citizenship Ceremony (x2)
Housing Advisory Committee
Knox Central Developments
Eastern Regional Pet Expo Official Opening
Official Opening & Presentation of Award – The Hut Gallery
Youth Mental Health Forum
Knox Disability Advisory Committee
Annual Budge Review (x2)
Chief Executive Performance Evaluation Review
Housing Advisory Committee
Community Health & Wellbeing Reference Group
Audit Committee
MAV – Housing Group Reference Project
Bayswater RSL – Anzac Day Commemoration
Stud Park Residents Meeting
Minister for Planning – Affordable Housing Discussion
Anzac Day Service

5.2Ward Issues

5.2.1COUNCILLOR PEARCE (TAYLOR WARD)

Councillor Pearce raised an issue of concern on behalf of residents in the Stud Park area in relation to the Stud Park structure plan and planning developments in this area.

5.2.2COUNCILLOR GILL (DINSDALE WARD)

Councillor Gill advised of the release of a recent report on public libraries entitled “Dollars, sense and public libraries”. Councillor Gill advised of his intention to raise this matter at a future Council meeting

5.2.3COUNCILLOR VAN DE VREEDE (TIRHATUAN WARD)

Councillor Van de Vreede advised of a recent consultation process undertaken with residents of the Rowville area regarding a 6 storey development proposal which falls within the Stud Park structure plan.

5.2.4COUNCILLOR COSSARI (COLLIER WARD)

CouncillorCossari expressed his gratitude that grass had been mown on Boronia Road, however expressed his disappointment that the contractors had failed to adequately remove the debris within the median strip.

5.2.5COUNCILLOR WALTER (FRIBERG WARD)

CouncillorWalter advised of his frustration with Vicroads over the untidy state of Council’s arterial road median strips, in particular Ferntree Gully Road. Councillor Walter reinforced that responsibility for maintaining these strips of grass lies with Vicroads and urged displeased residents to contact their Local State Member of Parliament to raise their concerns.
Councillor Walter encouraged the community to be active and participate in local sports in the upcoming season, such as football, netball and baseball

5.2.6COUNCILLOR MORTIMORE (CHANDLER WARD)

Councillor Mortimore expressed his concerns regarding the level of high density development in the Boronia Structure Plan area.Councillor Mortimore advised that he had received a significant amount of calls from residents regarding this issue.

5.2Ward Issues (cont’d)

5.2.7COUNCILLOR COOPER (SCOTT WARD)

Councillor Cooper advised of his continued frustration with Vicroads over the untidy state of Council’s arterial road median strips. Councillor Cooper reinforced that responsibility for maintaining these strips of grass lies with Vicroads and urged displeased residents to contact their Local State Member of Parliament to raise their concerns.
Councillor Cooper advised that the works involving the sealing of the car park at the Knox Gardens Reserve had commenced. Councillor Cooper advised that funding for the project had been received from the Federal Government as part of their stimulus package.
Councillor Cooper advised that the work to re-surfacing of ground at Walker Reserve had commenced.

COUNCIL27 April 2011

PROCEDURAL MOTION

MOVED:CR. COOPER

SECONDED:CR. WALTER

That Council bring forward consideration of Item 11 on the Agenda as the next item of Business (now Item 6)

CARRIED

COUNCILLOR VAN DE VREEDE DECLARED A DIRECT IINTEREST PURSUANT TO SECTION 77B OF THE LOCAL GOVERNMENT ACT 1989 IN ITEM 11 (NOW ITEM 6) ON THE GROUNDS THAT HE LIVES WITHIN THE STUD PARK STRUCTURE PLAN STUDY AREA.

COUNCILLOR VAN DE VREEDE VACATED THE CHAMBER AT 7.34PM PRIOR TO DISCUSSION ON ITEM 6

6.MOTIONS FOR WHICH NOTICE HAS PREVIOUSLY BEEN GIVEN

6.1NOTICE OF MOTION NO. 16

STUD PARK STRUCTURE PLAN (Stage 2)

I hereby give notice that it is my intention to move at the next Ordinary Meeting of Council on 27 April 2011 the following motion.

That Council

Defer public exhibition of Amendment C92 (as resolved at the 8 June 2010 Strategic Planning Committee meeting) until further resolved by Council at a future Council meeting.
Conduct a review of the Stud Park Structure Plan (Stage 2) focusing on objectives and planning guidelines relating to built form outcomes in the proposed Substantial and Moderate Change areas to provide greater certainty.
Adopt an interim 3 storey height limit (11m) in the proposed Substantial and Moderate Change areas pending the outcome of the Stud Park Structure Plan review.
Refer the Stud Park Structure Plan review to the Housing Advisory Committee to ensure the findings are consistent with the Housing Policy review currently underway.
Receive a further report with the findings of the Stud Park Structure Plan (Stage 2) review for consideration.

______

Cr Darren Pearce

Dated 20 April 2011

6.1Motions for which Notice has Previously been Given (cont’d)

COUNCIL RESOLUTION

MOVED:CR. PEARCE

SECONDED:CR. McMILLAN

That Council

1.Defer public exhibition of Amendment C92 (as resolved at the 8 June 2010 Strategic Planning Committee meeting) until further resolved by Council at a future Council meeting.

2.Conduct a review of the Stud Park Structure Plan (Stage 2) focusing on objectives and planning guidelines relating to built form outcomes in the proposed Substantial and Moderate Change areas to provide greater certainty.

3.Adopt an interim 3 storey height limit (9m) in the proposed Substantial and Moderate Change areas pending the outcome of the Stud Park Structure Plan review.

4.Refer the Stud Park Structure Plan review to the Housing Advisory Committee to ensure the findings are consistent with the Housing Policy review currently underway.

5.Receive a further report with the findings of the Stud Park Structure Plan (Stage 2) review for consideration.

WITH THE LEAVE OF THE MEETING THE AMENDED NOTICE OF MOTION NO 16 WAS WITHDRAWN

MOVED:CR. PEARCE

SECONDED:CR. McMILLAN

That Council

1.Defer public exhibition of Amendment C92 (as resolved at the 8 June 2010 Strategic Planning Committee meeting) until further resolved by Council at a future Council meeting.

6.1Motions for which Notice has Previously been Given (cont’d)

3.Adopt an interim 3 storey height limit (11m) in the proposed Substantial and Moderate Change areas pending the outcome of the Stud Park Structure Plan review.

4.Refer the Stud Park Structure Plan review to the Housing Advisory Committee to ensure the findings are consistent with the Housing Policy review currently underway.

5.Receive a further report with the findings of the Stud Park Structure Plan (Stage 2) review for consideration.

AMENDMENT

MOVED:CR. COOPER

SECONDED:CR. GILL

That Council

1.Defer public exhibition of Amendment C92 (as resolved at the 8 June 2010 Strategic Planning Committee meeting) until further resolved by Council at a future Council meeting.

3.Adopt an interim 3 storey height limit (9m) in the proposed Substantial and Moderate Change areas pending the outcome of the Stud Park Structure Plan review.

4.Refer the Stud Park Structure Plan review to the Housing Advisory Committee to ensure the findings are consistent with the Housing Policy review currently underway.

5.Receive a further report with the findings of the Stud Park Structure Plan (Stage 2) review for consideration.

THE AMENDMENT WAS PUT AND CARRIED

THE AMENDMENT BECAME THE MOTION

THE MOTION WAS PUT AND CARRIED

6.1Motions for which Notice has Previously been Given (cont’d)

PROCEDURAL MOTION

MOVED:CR. PEARCE

SECONDED:CR. MORTIMORE

That Council grant Councillor Gill an extension of time to speak under Clause 47 of the Meeting Procedure and Use of Common Seal Local Law 2008.

CARRIED

COUNCILLOR VAN DE VREEDE RETURNED TO THE CHAMBER AT 7.57PM AFTER THE VOTE AND PRIOR TO DISCUSSION ON ITEM 7.1

COUNCIL – CITY DEVELOPMENT27 April 2011

COUNCILLOR WALTER VACATED THE CHAMBER AT 7.57PM DURING DISCUSSION ON ITEM 7.1

COUNCILL MORTIMORE VACATED THE CHAMBER AT 7.57PM DURING ON ITEM 7.1

ALL WARDS

7.1REPORT OF PLANNING APPLICATIONS DECIDED UNDER DELEGATION

SUMMARY: Manager – City Planning (Paul Dickie)

Details of planning applications considered under delegation are referred for information. It is recommended that the items be noted.

RECOMMENDATION

That the planning applications decided under delegation report (between 1 March to 31 March 2011) be noted.

Report

Details of planning applications decided under delegation from 1 March to 31 March 2011 are attached. The applications are summarised as follows:

Application Type / No
Building Extensions:Residential
Other / 6
1
Units / 18
Dwelling / 3
Tree Removal/Pruning / 33
Subdivision / 7
Industrial / 2
Change of Use / 3
Fence / 1
TOTAL / 74

COUNCIL RESOLUTION

MOVED:CR. COOPER

SECONDED:CR. COSSARI

That the planning applications decided under delegation report (between 1 March to 31 March 2011) be noted.

CARRIED

Knox City Council
Planning Applications Decided by Responsible Officer
1 March 2011 to 31 March 2011
Ward / No/ Type / Address / Description / Decision:
Baird / 2010/6411 / 12 Park Crescent BORONIA VIC 3155 / Development of the land for a two storey apartment building containing ten (10) dwellings / 4/03/2011 Notice of Decision
Baird / 2011/6044 / 4 Janville Street BORONIA VIC 3155 / The subdivision of the land into two (2) lots (approved development site) / 25/03/2011 Approved
Baird / 2010/6714 / 10 Woodvale Road BORONIA VIC 3155 / Three (3) double storey dwellings / 22/03/2011 Notice of Decision
Baird / 2010/6644 / 16 Stirling Street FERNTREE GULLY VIC 3156 / The development of the land for a second dwelling and the subdivision of the land into two (2) lots / 10/03/2011 Notice of Decision
Baird / 2010/6199 / 19 Woodvale Road BORONIA VIC 3155 / Development of the land for one (1) double storey and two (2) single storey dwellings / 9/03/2011 Notice of Decision
Baird / 2009/6382 / 3 Velden Avenue FERNTREE GULLY VIC 3156 / Subdivision of the land into two (2) Lots (approved unit site) / 18/03/2011 Approved
Baird / 2010/6678 / 2 Browning Road BORONIA VIC 3155 / The construction of Two (2) new dwellings to the rear of the existing dwelling / 28/03/2011 Notice of Decision
Baird / 2011/6143 / 1 Bradley Place BORONIA VIC 3155 / Pruning of two (2) trees (Eucalyptus melliodora and Corymbia maculata) / 7/03/2011 Approved
Baird / 2011/6197 / 7 Elder Grove BORONIA VIC 3155 / The habitat pruning of one Eucalyptus obliqua / 31/03/2011 Approved
Baird / 2010/7065 / 83 Boronia Road BORONIA VIC 3155 / Change of Use - Medical Centre (Counselling Services), advertising signage and dispensation of associated car parking / 29/03/2011 Notice of Decision
Baird / 2011/6073 / 93 Boronia Road BORONIA VIC 3155 / Change of Use - Office and Counselling Rooms and associated waiver of car parking / 31/03/2011 Approved
Chandler / 2011/6101 / 4 Moroney Street BORONIA VIC 3155 / The construction of a double carport / 23/03/2011 Approved
Chandler / 2010/6801 / 2/63 Stewart Street BORONIA VIC 3155 / Development of the land for a dwelling and request for consent from the Responsible Authority to build outside the building envelope. / 2/03/2011 Approved
Chandler / 2010/6721 / 12 Stewart Street BORONIA VIC 3155 / Buildings and Works - Front Fence / 10/03/2011 Approved
Chandler / 2011/6090 / 19 Alison Avenue BORONIA VIC 3155 / Extension and alteration to existing dwelling. / 22/03/2011 Approved
Ward / No/ Type / Address / Description / Decision:
Chandler / 2011/6165 / 48 Dorrigo Drive THE BASIN VIC 3154 / Removal of Pittosporum eugenioides 'Variegatum' / 16/03/2011 Approved
Chandler / 2010/7034 / 16 Deborah Avenue BORONIA VIC 3155 / Dwelling addition / 7/03/2011 Approved
Chandler / 2011/6092 / 318 Forest Road THE BASIN VIC 3154 / Removal of council naturestrip tree (Eucalyptus ovata) / 24/03/2011 Approved
Chandler / 2011/6096 / 6 Sycamore Crescent BORONIA VIC 3155 / Buildings and Works (new garage to replace existing garage) / 17/03/2011 Approved
Chandler / 2011/6186 / 32 Market Street BORONIA VIC 3155 / The removal of two (2) trees (Schinus ariera & Grevillea robusta) / 23/03/2011 Approved
Chandler / 2011/6145 / 1, 2, 3, 4, & 5/360 Dorset Road BORONIA VIC 3155 / Removal of three Eucalyptus obliqua trees. / 7/03/2011 Approved