Council Minutes

Monday 24 March 2014


MINUTES
of the ORDINARY MEETING of the STONNINGTON CITY COUNCIL
held in the COUNCIL CHAMBER, STONNINGTON CITY CENTRE
(CORNER GLENFERRIE ROAD & HIGH STREET, MALVERN)
on
24 March 2014


A. Reading of the Reconciliation Statement and Prayer

B. Apologies

C. Adoption and confirmation of minutes of previous meeting(s) in accordance with Section 63 of the Act and Clause 423 of General Local Law 2008 (No 1)

1. Minutes of the Council Meeting held on 3 March 2014 5

D. Disclosure by Councillors of any conflicts of interest in accordance with Section 79 of the Act[1]

E. Questions to Council from Members of the Public

F. Correspondence – (only if related to council business)

G. Questions to Council Officers from Councillors

H. Tabling of Petitions and Joint Letters

I. Notices of Motion

J. Reports of Special and Other Committees

. Reports of Committees: IMAP 6

K. Reports by Delegates

L. General Business

1. planning permit 0624/07 - 171 waverley road, malvern east - S72 amendment to approved planning permit and plans - increase of patron numbers from 50 to 81 (including retention of 6 patrons in footpath trading area) to the existing restaurant and associated car parking waiver 6

2. planning application 0122/13 - 9 wilmot street, malvern east - construction of a multi dwelling development on a lot in a residential 1 zone 6

3. planning application 0680/12 - 3 caroline street south, south yarra - construction of a dwelling on a lot less than 500sqm in the residential 1 zone 6

4. Planning Scheme Amendment C188 and C189 - Interim Heritage Protection for 16 St Georges Road, Toorak and Permanent Heritage Protection for Toorak House Precinct 7

3. Council Plan 2013-2017 Year 1 - Budget Activities Quarterly Report, Quarters 1 and 2 7

6. TH King Pavilion and Stonnington Environmental Education and Design Centre - Plaque Design 7

7. Stonnington History Committee 8

8. VCAT Quarterly Report - October 2013 to December 2013 8

9. Prahran Market Operating Report to Council for the Quarter Ended 31 December 2013 8

10. Financial Report - December 2013 8

11. Councillors' Expenses Review 2013/14 9

12. Heatwave Plan Update 9

M. Other General Business

N. Urgent Business

O. Confidential Business

Page 3

Council Minutes

Monday 24 March 2014

Present : cr adrian stubbs, mayor

: cr john chandler

: cr erin davie

: cr sam hibbins

: cr jami klisaris

: cr john mcmorrow

: cr melina sehr

: cr claude ullin

Council Officers Present

: warren roberts, ceo

: geoff cockram

: simon thomas

: penny pavlou

: karen watson

: stuart draffin

: alex kastaniotis

: fabienne thewlis

Page 20

Council Minutes

Monday 24 March 2014

A. Reading Of The Reconciliation Statement And Prayer

Fabienne Thewlis, Manager Governance & Corporate Support, read the following reconciliation statement:

We acknowledge that we are meeting on the traditional land of the Boonwurrung and Wurundjeri people and offer our respects to the elders past and present. We recognise and respect the cultural heritage of this land.

The meeting began with a prayer at 7.04pm.

The Mayor, Cr Stubbs, introduced Councillors and the CEO, Warren Roberts, to the meeting. The CEO introduced Council Officers to the meeting.

B. Apologies

Procedural Motion: Moved Cr Sehr Seconded Cr Davie
That Cr Koce’s apology be received and he be granted leave of absence from the Ordinary Council Meeting of 24 March 2014.
Carried

C. Adoption And Confirmation Of Minutes Of Previous Meeting(S) In Accordance With Section 63 Of The Act And Clause 423 Of General Local Law 2008 (No 1)

1. / Council Meeting - 3 March 2014
Motion: Moved Cr Sehr Seconded Cr Davie
That the Council confirms the Ordinary Minutes and the Confidential Minutes of the Council Meeting of the Stonnington City Council held on 3 March 2014 as an accurate record of the proceedings subject to the following:
The Mayor advised that Cr Koce had asked that the following amendment be made to the minutes:
·  on page 23, Item M – Other General Business, 4th paragraph, 2nd sentence to read: 'He was also involved in the day along with Federal Member for Higgins, Kelly O’Dwyer, at the Dorothy Laver Reserve Darling Park “Duck Pond” in Glen Iris.’.
Carried

D. Disclosure by Councillors of any conflicts of interest in accordance with Section 79 of the Act

Cr Chandler declared a Conflict of Interest in relation to: Item 7 - Stonnington History Committee; and Confidential Business Item 5: Glenloch Homes for the Elderly.

E. Questions to Council from Members of the Public

The Mayor, Cr Stubbs, read the following statement:

During Council’s previous Ordinary Meeting no Questions to Council were received from members of the public.

For tonight’s Ordinary Meeting of Council one set of Questions to Council has been received for response.

One question from John Merkrebs relating to:

·  possibility of provision of a Men’s Shed for teenage males in Stonnington.

At the time, I used my discretion available to me under Council’s General Local Law not to answer the questions at the meeting. As required under the Local Law, written answers were subsequently provided to the submitter.

F. Correspondence – (only if related to council business)

Cr Ullin tabled the following correspondence:

·  A letter (18.3.14) and an email (19.3.14) from a resident of Stonehaven Avenue, Malvern East, in relation to Planning Application 0998/13 - 1-3 Olive Street, Malvern East. The correspondence expressed the following concerns: inadequate length of time of the display of the onsite planning application; concern about the rezoning application; traffic and parking issues; and the status of a laneway and designated easement at the rear of the proposed development. The email asks for clarification of the latter matter.

·  An email (19.3.14) asking that Council revive the pilot Greville Village Market held in Grattan Gardens.

·  A letter (24.3.14) from residents of Alexandra Street, South Yarra, objecting to Item 3 – 3 Caroline Street, South Yarra, on the grounds of: neighbourhood character, streetscape and residential amenity issues; overshadowing; and visual bulk.

Cr Chandler tabled the following correspondence:

·  A letter (14.3.14) from Mr K. C.B. Bethell, author of ‘John Beswicke, Heritage Architect 1847-1925’, which notes that John Beswicke was architect of the Malvern Town Hall and other municipal town halls. The letter asks if Council would like to purchase copies of the book for Stonnington libraries. Cr Chandler asked Council Officers to consider this matter.

·  Three emails (4 & 13.3.14) from two users of the Prahran Market car park noting the difficulty Market patrons have parking in the car park on weekdays due to commuter parking. The emails suggest possible solutions to the problem. Cr Chandler asked that this matter be discussed at the next Councillor Briefing.

·  An email (18.3.14) from a resident of Monaro Road, Kooyong, asking Council to introduce traffic management to deal with speeding traffic along Monaro Road which has caused damage to a parked car and a tree.

·  A letter already tabled in relation to Planning Application 0998/13 - 1-3 Olive Street, Malvern East. .

Cr Hibbins tabled the following correspondence:

·  Correspondence already tabled in relation to Item 3 – 3 Caroline Street, South Yarra.

G. Questions to Council Officers from Councillors

Cr Ullin asked a question in relation to the Greville Street Market. He said he has been told that it is no longer running, however Council has not been informed of this. He asked Council Officers to investigate why the Market has closed and what plans have been made for it to continue in the future. He noted that a letter he tabled under Correspondence asked for the Market to be reinstated. He asked that Council Officers to give consideration to changing the market from monthly to weekly.

The General Manager Sustainable Future, Karen Watson, said that Council Officers had not been formally advised of the closure of the Market, but will look into the matter and report back to Council.

Cr Chandler asked Council Officers to look into the following issue. He has received a phone call from a resident noting that a number of coffee bars are springing up. The resident asked if these premises needed to have toilets as apparently some do not.

The CEO, Warren Roberts, took the question on notice.

Cr Chandler said he had recently reported a matter in relation to a planning application for a development on Malvern Road where VicRoads had insisted on rear vehicle access. Council Officers were planning to meet with VicRoads about possible access from Malvern Road. He asked if this had occurred.

The General Manager, Planning and Development, Stuart Draffin, said that a meeting had been held. VicRoads are not opposed to an entrance from Malvern Road, but the challenge is the levels of the site. VicRoads has asked Council to consider the application as presented with rear access. Council Officers are working on this matter and will give an update to Council.

Cr Chandler noted that at the consultative meeting the developers of the site said they would be happy to have access from Malvern Road. He asked that Council Officers take into account the possibility of access from Malvern Road.

The General Manager, Planning and Development, Stuart Draffin, said that there were other site restraints, but that Council Officers will document the comments from VicRoads and that VicRoads do not oppose an entrance from Malvern Road.

Cr McMorrow noted that there had been some complaints from traders and residents in relation to Council’s footpath trading policy, especially in relation to Burke Road Shopping Precinct opposite Central Park. He noted that the Pets in the Park event the previous Saturday may have exacerbated the situation. There are complaints that cafes are moving beyond their designated areas. He asked that Council Officers carry out an audit in this locality, concentrating on restaurants and coffee shops to ensure they are operating within their designated areas. He noted that this was becoming a safety issue.

The General Manager, Planning and Development, Stuart Draffin, took the question on notice. He will have a footpath trading officer investigate the matter.

Cr Sehr noted that a work pit (possibly United Energy) has been open at the front of 41 Embling Road for some time and constitutes a hazard. She asked that Council Officers investigate the matter and seek a quick resolution.

Cr Sehr said that residents were complaining about dying plants at the Chris Gahan Reserve in Hornby Street. Cr Sehr said she believed that Council’s underground irrigation system which watered flower beds had been switched off during the drought. She asked if it could be reinstated.

Cr Sehr said she had met with a trader from Prahran Market who mentioned that business has dropped significantly since recent major works took place. She asked if this was the view of Market management and the Board of Directors. Cr Sehr said she would forward relevant information to the General Manager, Corporate Services Geoff Cockram for follow up.

Cr Davie said she has been contacted by at least three residents about pedestrian safety at the corner of Chadstone and Waverley Roads, near Malvern Valley Golf Course. Vehicles are going through red lights and people crossing with young children are experiencing near misses. Cr Davie said she was aware that this was a VicRoads managed road, but asked that Council approach VicRoads, asking them to take action in relation to this matter, including considering a red light camera. She noted that this was an area near a playground, school and kindergarten.

The General Manager, City Works Simon Thomas, said that certain warrants need to be meet to have a red light camera installed in such an area. Generally a casualty or serious injury. He said it would be advisable to refer the matter to Victoria Police in the first instance for surveillance which he will do. If they determine that there is misbehaviour, the matter can be further followed up.

H. Tabling of Petitions and Joint Letters

Nil

I. Notices of Motion

Nil

J. Reports of Special and Other Committees

Reports of Committees: IMAP
Motion: Moved Cr Stubbs Seconded Cr Davie
That Council confirms the minutes of the Inner Melbourne Action Plan Implementation Committee (IMAP) meetings held on Friday 30 August 2013 and Friday 29 November 2013.
Carried

The CEO, Warren Roberts, tabled the Assembly of Councillors Record for the:

·  Sustainability Advisory Committee meeting held on 12 March 2014

·  Councillor Briefing held on 18 March 2014

·  Summary of Planning Consultative meetings held in February 2014

·  Strategic Planning Advisory Committee meeting held on 24 March 2014

Cr Sehr as a Council representative on the Strategic Planning Advisory Committee reported on a meeting held on 24 March 2014 as follows:

·  Planning at Strategic Sites: there was discussion of further sites without an overlay and discussion about a particular site which will be the subject of future discussions. The aim is to ensure that Council is aware of sites with no controls.

·  Planning Zones and Neighbourhood Character: this was also discussed. A Directions Hearing for neighbourhood character is expected soon. It is unclear when the Minister will sign off on planning zones. It is pleasing that only 6% of Stonnington has been identified as a high growth area. Cr Sehr reminded Councillors that if the Minister doesn’t sign off on planning zones by 1 July the whole municipality reverts to residential zoning.

·  Open Space Contribution: Stonnington is very well placed in relation to open space as it has the open space contribution written into the Planning Scheme. Council is yet to hear if the increase in the development contribution levy to 8% has been successful.

·  Heritage – Progress: work is being done to identify other aspects of heritage (e.g. bridges, statues, parks) that need to be recognised and protected within the City.

·  City Workplan: discussion on policy and projects is being undertaken. There is a long list to be considered, including solar panel work plans; 590 Orrong Road; Chapel Vision; Windsor Car Park; review of the Stonnington Planning Framework; dwelling sizes; and a C70 amendment along Alexandra Road. The good news is that the Balwyn and Clarence Street amendments have been approved by the Minister.