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Council chambers

Council meeting summary April 7, 2015

News Article Date: 
Wednesday, 8 April 2015

Ordinary Meeting of Warrnambool City Council

5.45pm  -  Tuesday 7 April 2015

For more information and appendices for each item, view the Council Meeting Agenda.
The below summary is unconfirmed until the Minutes of the April 7 Meeting are accepted by Council.

 
1. Opening Prayer & Original Custodians Statement

2. Apologies
None

3. Confirmation of Minutes
Council confirmed the Minutes of the March 2 meeting (5-2)

4. Declaration by Councillors and Officers of any Conflict of Interest in any Item on the Agenda
Cr Neoh in 5.8, Cr Kelson in 5.11 and 5.12, Cr Gaston in 5.13.

5.1 Update of Council Delegations

Instruments of delegation enable operational matters to be delegated to members of Council staff in accordance with a variety of Legislation under which Council operates including the Local Government Act 1989, The Planning & Environment Act 1987 & The Food Act 1984.

As amendments are made to various pieces of legislation it is necessary for these changes to be reflected in Council’s instruments of delegation.

Council supported the following recommendation (7-0):

A. DELEGATION TO CHIEF EXECUTIVE OFFICER

In the exercise of the powers conferred by section 98(1) of the Local Government Act 1989 (“the Act”) and the other legislation referred to in the Instrument of Delegation to the Chief Executive as in Appendix A to this report (“the Instrument”), Council resolves that:

1. There be delegated to the person holding the position, acting in or performing the duties of Chief Executive Officer (“CE”) the powers, duties and functions set out in the Instrument, subject to the conditions and limitations specified in that Instrument.
2. The Instrument comes into force immediately the common seal of Council is affixed to the Instrument.
3. On the coming into force of the Instrument all previous delegations to the CE are revoked.
4. The duties and functions set out in the Instrument must be performed, and the powers set out in the Instrument must be executed in accordance with any guidelines or policies of Council that it may from time to time adopt.
5. It is noted that the Instrument includes a power of delegation to members of Council staff, in accordance with section 98(3) of the Act.

B. DELEGATION TO MEMBERS OF COUNCIL STAFF

In the exercise of the powers conferred by section 98(1) of the Local Government Act 1989 (“the Act”) and the other legislation referred to in the Instrument of Delegation to Members of Council Staff as in Appendix B to this report, (“the Instrument”) Council resolves that:

1. There be delegated to the members of Council staff holding, acting in or performing the duties of the offices or positions referred to in the attached Instrument, the powers, duties and functions set out in that Instrument, subject to the conditions and limitations specified in that Instrument.
2. The Instrument comes into force immediately the common seal of Council is affixed to the Instrument.
3. On the coming into force of the Instrument all previous delegations to members of Council staff (other than the Chief Executive Officer) are revoked.
4. The duties and functions set out in the Instrument must be performed, and the powers set out in the Instrument must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt.

5.2 VAGO Financial Sustainability Assessment

VAGO presents results to parliament each year on the outcomes Local Government Financial Audits and the 2013-14 results were recently tabled.

The results include an assessment of each council’s financial sustainability risk, based on six financial sustainability indicators.

For 2013/14 Warrnambool City Council again was assessed as low risk, the optimum assessment which is the target set out in Warrnambool’s Council Plan.

Five Councils were assessed as being a high risk in terms of financial sustainability whilst seven were assessed as a medium risk.

Council supported the following recommendation (7-0):

That Council acknowledges its VAGO low risk assessment for financial sustainability for 2013/14 and confirms this ongoing target for future years.

5.3 Council Plan Review

Section 125(7) of the Local Government Act requires in each financial year Council’s to consider whether the current Council Plan requires any adjustment in respect of the remaining period of the Council Plan.

Council conducted a facilitated workshop on 16 February 2015.

The workshop identified a number of issues that required changes to the Council Plan.

Council has amended the Council Plan to reflect the changes identified in the workshop and the draft amended Council Plan will be advertised for public submissions in accordance with Section 223 of the LGA.

Cr Ermacora moved the motion with an amendment to point 4.03.08 of the Council Plan so that it specifically mentions Flagstaff Hill.

Council supported the recommendation with the amendment (7-0):

That Council adjusts the Council Plan 2013-17 (as amended 2015) in accordance with Section 125(7) of the Local Government Act and calls for public submissions on the proposed adjustments pursuant to Section 223 of the Local Government Act.

5.4 Planning Applications – 1A Liebig Street Warrnambool

The application is for the use and development of the land for accommodation (24 serviced apartments and 27 dwellings) and retail with variation of loading bay requirements, reduction of car parking requirements, removal of a tree, landscaping and public infrastructure works.

The application was advertised in October 2014 and eight (8) objections and one (1) letter of support were received.

An amended application was received on 13 March 2015 in response to issues raised during consultation.

The amended application was re-notified and two (2) additional submissions had been received.

The planning considerations include the built form and design response, building layout and impacts of the buildings and works on the surrounding area.

The amended application is what has been assessed and considered in this report.

Council supported the following recommendation (6-1):

That a Notice of Decision to Grant a Permit be issued under Section 64 of the Planning and Environment Act 1987 for the land known as 1a Liebig Street, 8 Gilles Street, 15-19 Liebig Street, Road Reservation – Gilles Street and Road Reservation – Artillery Crescent Warrnambool for the use and development of land for accommodation (24 serviced apartments and 27 dwellings) and retail, vary loading bay requirements, reduction of car parking requirements, removal of a tree, landscaping and public infrastructure works, subject to 26 conditions.

5.5 North Side of Hopkins Point Road Development Plan

In October 2014, a Development Plan was submitted to Council for endorsement under Development Plan Overlay (DPO13) for land within the Coastal Hopkins Growth Area.

Following preliminary assessment and review a revised Development Plan was submitted to Council in March 2015.

The North Side of Hopkins Point Road Development Plan was publicly advertised between 14 and 27 February 2015. No submissions were received.

The Development Plan appropriately responds to the Development Plan Overlay and will facilitate the development of approximately 78 lots residential lots.

The preparation and finalisation of this Development Plan represents a significant milestone following the completion of the Coastal/Hopkins River Environment Structure Plan in 2008 and recent approval of Amendment C76.

Council supported the following recommendation (7-0).

That Council endorse the North Side of Hopkins Point Road Development Plan, 24 March 2015, in accordance with the requirements of Clause 43.04 Schedule 13 (DPO13) of the Warrnambool Planning Scheme.

5.6 Adoption of Warrnambool Planning Scheme Amendment C98 – 1-5 and 7-13 Merrivale Drive, Warrnambool

In July 2014, the owner of land at 1-5 and 7-13 Merrivale Drive, Warrnambool, requested that Council prepare an amendment to the Warrnambool Planning Scheme to facilitate the residential development of their land.

On 6 October 2014, Council resolved to prepare and exhibit Planning Scheme Amendment C98 to rezone the subject land to General Residential Zone 1. The amendment also introduces an Environmental Audit Overlay on the land in recognition of the past industrial use of the site (motor mechanic and petrol station).

Amendment C98 was publicly exhibited between 22 January and 23 February 2015. Letters were sent to all owners and occupiers of neighbouring properties. Notice of the amendment was also given to the Environment Protection Authority and prescribed Ministers.

No objecting submissions were received following the exhibition period.

A late submission was received from the Environment Protection Authority (EPA). The EPA did not object to the amendment.

Council supported the following recommendations (7-0):

That Council:
1. Notes the EPA submission contained in Appendix A.
2. Pursuant to Section 29(1) of the Planning and Environment Act 1987, adopt Warrnambool Planning Scheme Amendment C98 without changes.
3. Pursuant to Section 31(1) of the Planning and Environment Act 1987, submit Warrnambool Planning Scheme Amendment C98 to the Minister for Planning for approval.

5.7 City Renewal – Liebig Streetscape Plan Project

This report provides an update on the Liebig Streetscape Plan project.

State Government funding has been received to assist the design stage.

The Liebig Streetscape Plan is progressing towards a funding application to the State Government for construction of the design.

Works are estimated to commence in the first half of 2016.

Changes to the Plan, as required by Council at its meeting of 4th October 2014, have been undertaken.

Council supported the following recommendation (7-0):

That the Liebig Streetscape updated plan report be received.

5.8 City Renewal – Warrnambool City Centre Timing and Staging of Works

Cr Ermacora was elected temporary chair unopposed.

The Timing Plan sets out timing and upgrade sequence for 4 high-intensity areas of the Warrnambool city centre;

The Timing Plan will be used in funding applications for State Government Grants.

Future planning of community infrastructure, maintenance and upgrade works will be informed by the Timing Plan.

The Plan applies to the public realm works but also assists with site planning for the private sector.

Cr Hulin moved an amendment to the motion to change the order in which the upgrades will take place, with the Lava Street to Raglan Parade section to be completed before the Koroit Street to Timor Street section.

The amendment was not supported by Council (3-3) with the temporary chair using her casting vote.

Council supported the following recommendation (3-3) with the temporary chair using her casting vote.

That Council endorse the Warrnambool City Centre timing and staging of works (Timing Plan).

5.9 City Renewal – Hidden Histories Project

The Hidden Histories Project is one of the City Renewal initiatives that is recommended by the City Centre Revitalisation – The Structure Plan, 2012.

Council has been working with Prof. Paul Carter, RMIT University and the members of the Hidden Histories Committee to prepare the Public Art Strategy.

The Strategy will compliment Council’s Public Art and Cultural Materials Management Plan.

Council supported the following recommendation (7-0):

That Council endorse the Hidden Histories: A Public Art and Spaces Strategy 13/01/2015 (Appendix A).

5.10 City Growth Operations Report

This report provides information on activities currently undertaken by the Directorate of City Growth including economic development, city renewal, grants, tourism services, building services, city strategy and development.

Council received the report (7-0).

5.11 On Street Parking At Henna Street Warrnambool

Council has recently received correspondence from local residents in Henna Street south of Koroit Street, concerned with cars parking along Henna Street in this area.

There is currently no designated on-street parking or restrictions along this section of road.

Parking has increased following recent parking alterations in the area as a result of building development around the hospital precinct.

Council supported the following recommendation (4-2):

That Council expands the line marking improvements to include on-street parking delineation along Henna Street between Koroit Street and Merri Street, Warrnambool.

5.12 Smart Park Program – Initial Trial

Council has committed to improving parking in the Warrnambool City Centre.

Council has also committed to develop a Parking Strategy (the Strategy) over 2015. The Strategy will provide a vision and objectives to improve parking into the future.

Council recognises the desire to improve parking in the short term.

This report proposes to introduce a variety of initiatives to improve parking for all-day and short term users using existing infrastructure and current available car parks.

Council supported the following recommendation (4-2):

That Council proceed with the parking program to:
a) Introduce weekly all-day tickets in all off-street car parks where all-day parking is permitted.
b) Introduce $50 pre-purchased park cards to be used in all off-street car parks.
c) Trial free 1 hour parking in Parkers car park from Monday 20th April to Friday the 26th June.

5.13 Petition for a Dedicated Bicycle Track to Deakin University

This report acknowledges receipt of a petition which requests the construction of a dedicated bicycle track to Deakin University to make Deakin University more accessible and safe.

Council supported the following recommendation (6-0):

That in accordance with Local Law L.1.8.55, that the petition lay on the table until the next ordinary meeting of the Council.

5.14 Warrnambool and District Food Share

The Warrnambool & District Foodshare (WDFS) works to reduce food insecurity for local residents by coordinating the donation and collection of food supplies and provision of emergency food relief through local agencies.

WDFS are looking to establish a permanent rent fee site for future operations. They have provided two options for consideration of either 1720m2 or 3600m2.

The current market value for these options at $148-$175/m2 would be:

Option 1: $254,560 - $301,000
Option 2: $532,800 - $630,000

Council land is available at Watson Street for a potential long term lease at a peppercorn rate.

Council supported the following recommendation (7-0):

That Council support the establishment of a long term lease at a peppercorn rate with the Warrnambool & District Food Share for land fronting Watson Street as per Option 1.

5.15 Melbourne to Warrnambool Cycling Classic

The Melbourne to Warrnambool Cycling Classic is an iconic cycling event that will be run for the 100th time in 2015.

In 2014 it attracted approx. 250 riders, and in 2013 attracted 230.

The organising Committee has been advised that State Government funding is being reduced significantly for the event.

To assist with the 2015 staging of the event the Committee is seeking an increase in Council’s contribution from $10,000 to $20,000 plus assistance with traffic management.

Council supported the following recommendation (7-0):

That Council agrees in principle to an increase in financial support for the 2015 Melbourne to Warrnambool Cycling Classic from $10,000 to $20,000, plus assistance with traffic management on the condition that the event secures a local cycling event on the Sunday of the 2016 race weekend and that the item be referred to the 2015/16 Budget.

5.16 Warrnambool and District Drag Racing Association

Warrnambool and District Drag Racing Association (WADDRA) has been conducting drag race events at the Warrnambool Airport since 2003.

Council advised WADDRA in 2009 that the Airport would not be available for use as a drag race facility once the Warrnambool Airport Redevelopment Plan is completed.

Sharp Airlines has been conducting regular passenger transport flights in and out of Warrnambool Airport since 1 February 2015, and has indicated that it would prefer drag racing activities not to occur at the Airport.

WADDRA is aware of the introduction of the Sharp Airlines service and is seeking advice from Council regarding its future use of the Airport.

Given works on implementation of the Airport Redevelopment Plan have commenced, and that the new service from Sharp will be an important addition to Warrnambool’s transport infrastructure, it is recommended that WADDRA’s use of the airport be now discontinued.

Cr Ermacora moved that this matter be deferred until the next Council Meeting so that Council can engage in further discussions with the Warrnambool and District Drag Racing Association.

This was supported by Council (7-0).

5.17 Local Government Investigations and Compliance Inspectorate

In May 2014, The Age reported that it had received a confidential Council report.

The Council and Councillors called for the Local Government Investigations & Compliance Inspectorate to investigate the release of confidential information.

The Inspectorate’s investigation report states that it has not been able to prove, beyond a reasonable doubt, who released the confidential information.

It further reports that 3 Councillors met with The Age journalist on 30 April 2014, prior to the articles appearing in The Age.

Council supported the following recommendations (4-3):

1. That Council provide a copy of the Local Government Investigations & Compliance Inspectorate letter to the Minister for Local Government and the Member for South West Coast.
2. That Council refer the proposed change to the media policy to the Council Code of Conduct review.
3. That Council engage an appropriate facilitator to work with Council and staff with the aim of improving relationships.

5.18 Advisory Committee Reports

This report contains the record of three Advisory Committee meetings: the International Relations Advisory Committee, the Warrnambool Livestock Exchange Advisory Committee and the City Health & Wellbeing Community Advisory Committee.

Council received the reports (7-0).

5.19 Assembly of Councillors Records

Council received the report (4-3).

5.20 Mayoral & Chief Executive Council Activities – Summary Report

Council received the report (7-0).

6.1 Notice of Motion – No. 2122
Cr Kelson moved the following motion:
That the Warrnambool City Council apply to VicRoads to ban unauthorised trucks from using Bayne Street and Harrington Road to access the Warrnambool Industrial Estate.
Place signage at all entrances to designated areas.

Council did not support the motion (4-3).
 

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