agenda of special meeting of council - 7 march 2016 - city of ......2016/03/07 · city of kingston...

Contents

Agenda Special Meeting of Council

Monday, 7th March 2016 Commencing at 7.00pm Council Chamber 1230 Nepean Highway, Cheltenham kingston.vic.gov.au John Nevins Chief Executive Officer Kingston City Council

City of Kingston Special Meeting of Council

Agenda 7 March 2016

i

Notice is given that a Special Meeting of Kingston City Council will be held at 7.00pm at Council Chamber, 1230 Nepean Highway, Cheltenham, on Monday, 7 March 2016. 1. Apologies 2. Foreshadowed Declaration by Councillors, Officers or Contractors of any

Conflict of Interest Note that any Conflicts of Interest need to be formally declared at the start of the meeting and immediately prior to the item being considered – type and nature of interest is required to be disclosed – if disclosed in writing to the CEO prior to the meeting only the type of interest needs to be disclosed prior to the item being considered.

3. Notices of Motion

3.1 Notice of Motion No. 45/2015 - Cr Gledhill - Roles Undertaken by Council on Behalf of State Government ................................................ 5

3.2 Notice of Motion No. 46/2015 - Cr Peulich - Beautification of Median Strips - Dingley Village .......................................................................... 7

3.3 Notice of Motion No. 47/2015 - Cr Peulich - Significant Tree Controls for Golf Courses .................................................................................... 9

3.4 Notice of Motion No. 48/2015 - Cr Peulich - Streetscape Works - Moorabbin Activity Area....................................................................... 43

3.5 Notice of Motion No. 49/2015 - Cr Peulich - Dingley Village Roundabout ......................................................................................... 45

3.6 Notice of Motion No. 50/2015 - Cr Peulich - Council Grants ................ 47

3.7 Notice of Motion No. 51/2015 - Cr West - Open Space Provision in Planning Applications .......................................................................... 49

3.8 Notice of Motion No. 52/2015 - Cr West - Public Meeting on Cemetery Proposal .............................................................................. 51

3.9 Notice of Motion No. 1/2016 - Cr West - Ward Meeting on Neighbourhood Character ................................................................... 53

3.10 Notice of Motion No. 2/2016 - Cr West - Advisory Committee Restrictions .......................................................................................... 63

4. Confidential Items

Nil

3. N

otic

es o

f Mo

tion

3.1 N otice of M otion N o. 45/2015 - Cr Gledhill - Rol es U ndertaken by Council on Behalf of State Gover nment Notices of M oti on

Trim: IC16/6 5

Special Meeting of Council

7 March 2016

Agenda Item No: 3.1

NOTICE OF MOTION NO. 45/2015 - CR GLEDHILL - ROLES UNDERTAKEN BY COUNCIL ON BEHALF OF STATE GOVERNMENT

Recommendati on

I move :

That Council officers provide a report to Council during February 2016 which lists the roles that Council undertakes on behalf of the State Government, as an example the maintenance of the foreshore and Mordialloc Creek. For each item an annual cost is to be attached.

Rationale

The objective of this motion is to provide ratepayers with the clearest possible picture of how their money is being spent. It is envisaged that this report would be read in conjunction with Council’s budget papers from which an assessment can be made as to Council’s real efficiency and effectiveness.

Cr Geoff Gledhill 9 December 2015

3.2 N otice of M otion N o. 46/2015 - Cr Peulich - Beautificati on of Median Stri ps - Di ngley Village

Trim: IC16/7 7


7 March 2016

Agenda Item No: 3.2

NOTICE OF MOTION NO. 46/2015 - CR PEULICH - BEAUTIFICATION OF MEDIAN STRIPS - DINGLEY VILLAGE

Recommendati on

I move :

That Kingston Council make appropriate budget allocation for the beautification of the median strips approaching the Dingley Village roundabout for works to be undertaken in 2016.

Cr Paul Peulich 9 December 2015 Officer Comment Council may want to consider the implications of this motion for other streetscape works planned for 2016.

3.3 N otice of M otion N o. 47/2015 - Cr Peulich - Significant Tree C ontrols for Golf C ourses

Trim: IC16/8 9


7 March 2016

Agenda Item No: 3.3

NOTICE OF MOTION NO. 47/2015 - CR PEULICH - SIGNIFICANT TREE CONTROLS FOR GOLF COURSES

Recommendati on

I move :

That Kingston Council urgently review significant tree controls for golf courses.

Cr Paul Peulich 9 December 2015 Officer Comment

Council undertook a municipal wide review of significant trees located on public and privately owned land in 2006-2007. This included consideration of significant trees located on public and private golf courses. This work resulted in the creation of a Significant Tree Register (2007) which subsequently informed preparation of Planning Scheme Amendment C93.

Amendment C93 sought to introduce the Significant Tree Register (2007) as a reference document in the Kingston Planning Scheme and apply an Environmental Significance Overlay to the nominated trees. Amendment C93 was gazetted by the Minister for Planning in November 2008 resulting in the introduction of Schedule 3 to the Environmental Significance Overlay (ESO3). ESO3 applies to 99 significant trees across the municipality and introduces a permit requirement for the removal of the trees and/or for buildings and works proposed within the nominated ‘tree protection zone’. The register includes 16 trees which are located on public and private golf courses. A copy of Schedule 3 to the Environmental Significance Overlay is attached for your reference and contains a list of all trees nominated for protection.

It is further noted that pursuant to Clause 52.17 – Native Vegetation of the Kingston Planning Scheme, a permit is required to remove, destroy or lop native vegetation, including dead vegetation on any site greater than 0.4 hectares in area. Given Golf Courses in the City of Kingston are on land which exceeds 0.4 hectares in area this essentially introduces a planning permit trigger for the removal of native vegetation on Golf Course land.

Appendices

Appendix 1 - Attachment to Officer Comment - Clause 52_17 (Trim No 15/160438)

Appendix 2 - Attachment to Officer Comment - ESO Schedule 3 - Significant Trees (Trim No 15/160439)

3.3

NOTICE OF MOTION NO. 47/2015 - CR PEULICH - SIGNIFICANT TREE CONTROLS FOR GOLF COURSES

1 Attachment to Officer Comment - Clause 52_17 ......................... 13

2 Attachment to Officer Comment - ESO Schedule 3 - Significant Trees ............................................................................ 25

Appendix 1 3.3 Notice of Motion No. 47/2015 - Cr Peulich - Significant Tree Controls for Golf Courses - Attachment to Officer Comment - Clause 52_17

13

Attachment to Officer Comment - Cl ause 52_17


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Appendix 2 3.3 Notice of Motion No. 47/2015 - Cr Peulich - Significant Tree Controls for Golf Courses - Attachment to Officer Comment - ESO Schedule 3 - Significant Trees

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Attachment to Officer Comment - ESO Schedul e 3 - Significant Trees

Appendix 2 3.3 Notice of Motion No. 47/2015 - Cr Peulich - Significant Tree Controls for Golf Courses - Attachment to Officer Comment - ESO Schedule 3 - Significant Trees

26

Appendix 2

3.3 N

otice of Motion N

o. 47/2015 - Cr P

eulich - Significant T

ree Controls for G

olf Courses - A

ttachment to

Officer C

omm

ent - ES

O S

chedule 3 - Significant T

rees

27

Appendix 2

3.3 N

otice of Motion N

o. 47/2015 - Cr P


ree Controls for G

olf Courses - A

ttachment to

Officer C

omm

ent - ES

O S


rees

28

Appendix 2

3.3 N

otice of Motion N

o. 47/2015 - Cr P


ree Controls for G

olf Courses - A

ttachment to

Officer C

omm

ent - ES

O S


rees

29

Appendix 2

3.3 N

otice of Motion N

o. 47/2015 - Cr P


ree Controls for G

olf Courses - A

ttachment to

Officer C

omm

ent - ES

O S


rees

30

Appendix 2

3.3 N

otice of Motion N

o. 47/2015 - Cr P


ree Controls for G

olf Courses - A

ttachment to

Officer C

omm

ent - ES

O S


rees

31

Appendix 2

3.3 N

otice of Motion N

o. 47/2015 - Cr P


ree Controls for G

olf Courses - A

ttachment to

Officer C

omm

ent - ES

O S


rees

32

Appendix 2

3.3 N

otice of Motion N

o. 47/2015 - Cr P


ree Controls for G

olf Courses - A

ttachment to

Officer C

omm

ent - ES

O S


rees

33

Appendix 2

3.3 N

otice of Motion N

o. 47/2015 - Cr P


ree Controls for G

olf Courses - A

ttachment to

Officer C

omm

ent - ES

O S


rees

34

Appendix 2

3.3 N

otice of Motion N

o. 47/2015 - Cr P


ree Controls for G

olf Courses - A

ttachment to

Officer C

omm

ent - ES

O S


rees

35

Appendix 2

3.3 N

otice of Motion N

o. 47/2015 - Cr P


ree Controls for G

olf Courses - A

ttachment to

Officer C

omm

ent - ES

O S


rees

36

Appendix 2

3.3 N

otice of Motion N

o. 47/2015 - Cr P


ree Controls for G

olf Courses - A

ttachment to

Officer C

omm

ent - ES

O S


rees

37

Appendix 2

3.3 N

otice of Motion N

o. 47/2015 - Cr P


ree Controls for G

olf Courses - A

ttachment to

Officer C

omm

ent - ES

O S


rees

38

Appendix 2

3.3 N

otice of Motion N

o. 47/2015 - Cr P


ree Controls for G

olf Courses - A

ttachment to

Officer C

omm

ent - ES

O S


rees

39

Appendix 2

3.3 N

otice of Motion N

o. 47/2015 - Cr P


ree Controls for G

olf Courses - A

ttachment to

Officer C

omm

ent - ES

O S


rees

40

Appendix 2

3.3 N

otice of Motion N

o. 47/2015 - Cr P


ree Controls for G

olf Courses - A

ttachment to

Officer C

omm

ent - ES

O S


rees

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3.4

Notic

e o

f Motio

n N

o. 4

8/2

01

5 - C

r Peulic

h - S

treets

ca

pe W

orks

- Mo

orab

bin

Ac

tivity Are

a

Trim: IC16/9 43


7 March 2016

Agenda Item No: 3.4

NOTICE OF MOTION NO. 48/2015 - CR PEULICH - STREETSCAPE WORKS - MOORABBIN ACTIVITY AREA

Recommendati on

I move :

That Kingston Council make appropriate budget allocations for streetscape works in Moorabbin Activity Area to be undertaken by Council in 2016.

Cr Paul Peulich 9 December 2015 Officer Comment Council approximately three years ago undertook significant streetscape works on the Nepean Highway in the Moorabbin Activity Centre. Council has also completed streetscape works at the Southern end of the part Council funded Moorabbin bus stop area. Council’s Structure Plan for the Moorabbin Activity Centre also includes a range of the streetscape improvements which are contingent on the study currently being undertaken by Vic Roads concerning South Road and Station Street. Officers are also working with Vic Track on opportunities to enhance the presentation of Station Street in this Activity Centre. Officer advice is to await the outcome of the Vic Roads study before determining the progression of further Streetscape works in this Activity Centre.

3.5 N otice of M otion N o. 49/2015 - Cr Peulich - Di ngley Village Roundabout

Trim: IC16/10 45


7 March 2016

Agenda Item No: 3.5

NOTICE OF MOTION NO. 49/2015 - CR PEULICH - DINGLEY VILLAGE ROUNDABOUT

Recommendati on

I move :

That Kingston Council make appropriate budget allocations for the installation of a roundabout at the Centre Dandenong Road entrance for the Dingley Village shopping centre and for officers to prepare designs and seek permission from the appropriate stakeholders to undertake works.

Cr Paul Peulich 9 December 2015 Officer Comment Potentially ingress and egress to this shopping centre from Centre Dandenong Road could be considered as part of the current planning application for this site. This application is yet to be considered by Council. It should also be noted that Centre Dandenong Road is the responsibility of the State Government via Vic Roads and that the cost of a roundabout on a major road such as Centre Dandenong Road would be significant and it is not included in any forward Council budget provisions, e.g. a recent roundabout at the intersection of two Council local roads cost approximately $330K. At the intersection of Centre Dandenong Road and Pethybridge Close there is currently a left turn and right turn lane and this road is an existing bus corridor. These considerations would add to design and cost implications. At present, traffic lights control the intersection of Marcus Road and Centre Dandenong Road and access to/from Dingley Village Shopping Centre is also provided off Marcus Road. The volume of traffic on Centre Dandenong Road through Dingley Village is expected to reduce once the Dingley Bypass is opened.

3.6 N otice of M otion N o. 50/2015 - Cr Peulich - C ouncil Grants

Trim: IC16/11 47


7 March 2016

Agenda Item No: 3.6

NOTICE OF MOTION NO. 50/2015 - CR PEULICH - COUNCIL GRANTS

Recommendati on

I move :

That immediate adjustments to Kingston policies be made to ensure that events and celebrations such as Christmas Carols , Christmas Pageants, multicultural celebrations such as Diwali and the indigenous “Welcome to Country” are not be precluded from Kingston Council support and applications for council grants .

Cr Paul Peulich 9 December 2015

Officer Comment

Council’s Community Grants Policy and Quick Response Grants guideline provisions do not prohibit the events as listed in the Notice of Motion or any other such events. This is supported by the following Policy exerts: The City of Kingston provides funds to community groups, organisations and individuals through its Community Grants Program, funding is provided to applications that respond to identified community needs and align with Council’s Vision, corporate objectives, priorities and strategies. The Community Grants Program provides Council with the opportunity to establish and build relationships with the community; encourage participation; support innovation; promote access, inclusion and acceptance of diversity; and build ‘a diverse, dynamic community where we all share a sustainable, safe, attractive environment and a thriving economy’. In addition, grants aim to:

Support not-for-profit community groups and organisations to provide a range of opportunities for residents;

Provide equitable opportunity for the community to seek funding assistance from Council; Strengthen communities with local responses to identified community needs; Facilitate support for initiatives that strengthen the community through opportunities for

participation, development, inclusion and sustainability; Foster support across a range of pursuits and interest areas including health and welfare,

community support, arts and culture, sports and recreation, youth, ageing, environment and access and equity;


Agenda 7 March 2016

Trim: IC16/11 48

The following grant Categories support all community events 1. Partnership Grants 2. Annual grants 3. Individual Development Grants; 4. Access and Equity Grants; 5. Arts Grants 6. Children’s Week Grants 7. Youth Festival Grants 8. Irregular Grants 9. Quick Response Grants

3.7 N otice of M otion N o. 51/2015 - Cr West - Open Space Provi sion in Pl anni ng Applicati ons

Trim: IC16/12 49


7 March 2016

Agenda Item No: 3.7

NOTICE OF MOTION NO. 51/2015 - CR WEST - OPEN SPACE PROVISION IN PLANNING APPLICATIONS

Considering that:

1. Most of Kingston is adequately provided with public open space and recreation opportunities.

2. Council has an Open Space Strategy that assesses the availability of public open space and identifies certain local areas – particularly areas in the north of Mentone and south of Cheltenham – where public open space is well below the Strategy standard of 2.4 ha per 1000 residents.

3. Council has proceeded to approve multi-unit development in these local areas with little or no regard for the adequacy of open space provision or of recreation opportunities.

4. Council has a responsibility to ensure that existing and new residents have adequate public open space and recreational opportunities.

5. It would achieve little or nothing to replace privately owned open space recreational opportunities, eg golf courses and bowling greens, with public open space.

6. Other councils have undertaken policies to apply public acquisition overlays over residential areas where open space is urgently needed.

Recommendati on

I move:

Council officers consider public open space needs and availability in assessing multi-unit residential planning applications and include reference to those matters in their reports to Council.

Cr Rosemary West 9 December 2015

3.8 N otice of M otion N o. 52/2015 - Cr West - Public Meeti ng on C emeter y Pr oposal

Trim: IC16/13 51


7 March 2016

Agenda Item No: 3.8

NOTICE OF MOTION NO. 52/2015 - CR WEST - PUBLIC MEETING ON CEMETERY PROPOSAL

Considering that:

1. The Southern Metropolitan Cemeteries Trust has briefed Council and local Members of Parliament on the proposal to acquire 130 ha of Kingston’s Green Wedge for a new cemetery;

2. The proposed cemetery site includes the most productive market gardens in the Kingston Green Wedge;

3. The cemetery proposal requires approval by the Minister for Health Jill Hennessy before it can go ahead.

4. SMCT have applied to the Minister for approval but have responded to inquiries from the media and the public by saying they will make no comment until they have the Minister’s approval;

5. As SMCT has powers to compulsorily acquire the land, once they have ministerial approval, landholders may have no further choice in the matter.

6. SMCT representatives told the council briefing they would pay only market value – ie green wedge prices – for the land;

7. It is Council policy to advocate for this community, and we should at least see that constituents are properly informed.

8. On a council excursion to Springvale Cemetery, hosted by SMCT, The CEO told councillors that if Council held a meeting or information session for the landholders and interested members of the community, SMCT would be prepared to attend to provide information and answer questions.

Recommendati on

I move that :

Council officers organise a meeting at the Council chambers or a more convenient location early in the New Year to which landholders, interested community groups and members of the public are invited to be addressed by the Southern Metropolitan Cemeteries Trust and also by academic and community representatives in a position to comment on the value of the market gardens to Kingston and to Victoria’s food security

Cr Rosemary West 9 December 2015

3.9 N otice of M otion N o. 1/2016 - Cr West - Ward M eeting on N eighbourhood C har acter

Trim: IC16/205 53


7 March 2016

Agenda Item No: 3.9

NOTICE OF MOTION NO. 1/2016 - CR WEST - WARD MEETING ON NEIGHBOURHOOD CHARACTER

Considering that:

1. Kingston is the only Council to have had its submission for the new residential zones comprehensively rejected, and in consequence is seeing continued overdevelopment applications approved by VCAT overturning Council refusals in areas such as Ormond and Barkly Streets Mordialloc.

2. One of the reasons given by the Residential Zones Strategic Advisory Committee for Kingston’s failure to have our proposed new zones approved is that our submission did not sufficiently relate to neighbourhood character.

3. Council has been advised by the Residential Zones Strategic Advisory Committee that we should review our Neighbourhood Character Strategy “to identify a robust basis on which to apply the reformed residential zones.”

4. In line with this advice, Council has on tonight’s agenda an officer recommendation to take preliminary steps towards a new Neighbourhood Character Study leading to new and more effective guidelines to protect the neighbourhood character of the various parts of Kingston;

5. Since December I have made several requests of officers to organise a Central Ward Meeting on this topic in April, which is the latest such a meeting could be held this year because of the ward meeting policy requirement that ward meetings be held no less than six months prior to an election.

6. Officers have not complied with this request, citing as grounds that Clause 9.1 of Council’s Ward Meeting Policy: “seeks to encourage Ward Councillor cooperation and collective agreement when a Ward Councillor Meeting is being planned. In the event that agreement cannot be reached, Councillors should consider whether the meeting being considered is a Ward Councillor Meeting as defined in Clause 3.”

7. There is a clear seven weeks between the ward meeting called by Cr Gledhill on 3 March (for which a different topic has been advertised) and the six-month deadline, which gives plenty of time for officers make the necessary arrangements.

Recommendati on

I move that: 1. Council acknowledges that Neighbourhood Character is an appropriate topic for a Ward

Meeting in line with Clauses 3 and 8 of the Councillor Ward Meeting Policy; 2. Officers proceed to arrange and provide normal support for a Central Ward Meeting to be held

in April on the topic of Neighbourhood Character inviting residents to comment on what aspects of their neighbourhood character they would like protected,

3. Council clarifies the Ward Meeting Policy Clauses 2 and 8, by reaffirming that one or more ward councillors can call a ward meeting and are entitled to officer support, provided it complies with the terms of Council’s Ward Meeting Policy including Clause 3, that not more than two meetings can be held per ward per year, not less than six months before an election, and that all ward councillor are invited, etc.


Agenda 7 March 2016

Trim: IC16/205 54

Cr Rosemary West 17 February 2016 Please attach Clauses 2, 3 and 8 of the Councillor Ward Meeting Policy. 2. Scope The Policy applies to all Councillors wishing to hold Council funded and supported meetings with ward constituents. The Policy is not intended to limit or constrain a Councillor from conducting or meeting with ward constituents on specific ward or municipal issues, or from impromptu or incidental meetings with ward constituents that may occur whilst a Councillor is performing their duties, including meetings that may be held with or without Council Officers in attendance. 3. Definitions Ward – An electoral district, for administrative and representative purposes, as prescribed by the Victorian Electoral Commission Ward Councillor – A Councillor elected to a specific ward. Ward constituents – Community members associated with the ward of the Councillor through residential, business, recreational or other community affiliation. Ward Councillor Meeting – A meeting of all Ward Councillors or available Ward Councillors with constituents of their ward. 8. Policy Statement Council recognises the importance of meeting with and hearing from ward constituents on a regular basis about the issues that are important and of concern to them. In recognition of this, Council supports the practice of Ward Councillor Meetings. Ward Councillor Meetings are for the purpose of: hearing feedback from the community; providing an opportunity to communicate project updates, upcoming events and consultation processes; and to consult on difficult or sensitive community issues. Officer Comment The Councillor Ward Meeting Policy is attached.

Appendices

Appendix 1 - Ward Councillor Meeting Policy - Adopted by Council 27 May 2013 (Trim No 16/21583)

3.9

NOTICE OF MOTION NO. 1/2016 - CR WEST - WARD MEETING ON NEIGHBOURHOOD CHARACTER

1 Ward Councillor Meeting Policy - Adopted by Council 27 May 2013 ................................................................................................ 57

Appendix 1 3.9 Notice of Motion No. 1/2016 - Cr West - Ward Meeting on Neighbourhood Character - Ward Councillor Meeting Policy - Adopted by Council 27 May 2013

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Ward C ouncill or Meeti ng Policy - Adopted by Council 27 M ay 2013


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3.10 Notice of Motion N o. 2/2016 - Cr West - Advisor y C ommittee Res trictions

Trim: IC16/207 63


7 March 2016

Agenda Item No: 3.10

NOTICE OF MOTION NO. 2/2016 - CR WEST - ADVISORY COMMITTEE RESTRICTIONS

Considering that:

1. Council has resolved to replace the former village committees with a system of Advisory Committees, which have largely replaced the former reference/advisory/ network groups which had been formed around various topics.

2. The former reference/advisory groups were free to invite experts to address them on various topics of discussion and they were supported by officers who assisted in various ways depending on what they had the time or willingness to do.

3. The Terms of Reference for the Advisory Groups do not address either the matter of whether experts can be invited or the ways in which officers could provide support.

4. Officers have now informed the Public Spaces and Environment Advisory Group that any request to invite an expert or to ask an advisory officer to undertake any research must first be referred to councillors at a CIS briefing and then must be a matter of a council resolution.

Recommendati on

I move:

That Council’s Advisory Committees may invite experts to inform their deliberations and may request officers to follow up council or other policy matters deemed by the officers to be reasonable, including basic research

Cr Rosemary West 17 February 2016 Officer Comment The Terms of Reference of the Public Spaces and Advisory Committee are attached.

Appendices

Appendix 1 - Public Spaces and Environment Advisory Committee Terms of Reference - adopted July 2015 (Trim No 15/68822)

Author/s: Rosemary West, Councillor

Reviewed and Approved By: John Nevins, Chief Executive Officer

3.10

NOTICE OF MOTION NO. 2/2016 - CR WEST - ADVISORY COMMITTEE RESTRICTIONS

1 Public Spaces and Environment Advisory Committee Terms of Reference - adopted July 2015 ................................................. 67

Appendix 1 3.10 Notice of Motion No. 2/2016 - Cr West - Advisory Committee Restrictions - Public Spaces and Environment Advisory Committee Terms of Reference - adopted July 2015

67

Public Spaces and Environment Advisor y Committee Ter ms of Refer ence - adopted Jul y 2015


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agenda of special meeting of council - 7 march 2016 - city of ......2016/03/07 · city of kingston...

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