Council meeting catchup - 6 December 2023

A Joint Letter containing six signatures, was received from local residents and was presented to a Council meeting on 2 August 2023.

The following question was taken on notice during discussion of the item:

Councillor Nyaguy - has this approach been taken for any other laneways?

Lachlan Johnson, General Manager Operations and Infrastructure, took the question on notice.

MOVED Crs Martin/Crawford

That Council:

1. Acting under section 17(4) of the Road Management Act 2004 (Vic), resolves that the road known as R2243 (Road), adjoining 197 and 199 Princes Street, Port Melbourne and 55 Station Street, Port Melbourne be removed from Council’s Register of Public Roads on the basis that the Road is no longer reasonably required for general public use for the reasons set out in the report;

2. Acting under clause 3 of Schedule 10 of the Local Government Act 1989 (Vic) (Act):

2.1. Resolves that the statutory procedures be commenced to discontinue the Road;

2.2. Directs that under sections 207A and 223 of the Act, public notice of the proposed discontinuance of the Road be given in The Age newspaper;

2.3. Resolves that the public notice required to be given under sections 207A and 223 of the Act should state that if the Road is discontinued, Council proposes to enter into an agreement with the adjoining land owners;

2.4. Authorises the Chief Executive Officer, or their delegate, to undertake the administrative procedures necessary to enable Council to carry out its functions under section 223 of the Act in relation to this matter; and

2.5. Resolves to hear and consider any submissions received pursuant to section 223 of the Act at a Council meeting to be determined later.

A vote was taken and the MOTION was CARRIED.

Purpose

1.1 To provide Council with a regular update from the Chief Executive Officer regarding Council’s activities and performance.

The following questions were taken on notice during discussion of the item:

Councillor Nyaguy – Has the new animal management officer been hired yet? Can a clarification be provided on how animal management fines are broken down? Do we issue fines for poor behaviour? It seems from the report that the majority of fines are for registration issues.

Brian Tee, General Manager City Growth and Development, took the questions on notice.

MOVED Crs Martin/Nyaguy

That Council:

3.1 Notes the CEO Report – Issue 101 (provided as Attachment 1).

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To provide a report back to Council on the 21 June 2023 Notice of Motion, regarding the continuation of work with key bodies on the safe delivery of LGBTIQA+ programs, community events and recognition.

MOVED Crs Baxter/Nyaguy

That Council:

3.1 Defers the item to a future Council Meeting.

A vote was taken and the MOTION was CARRIED.

Purpose

1.1 To seek Councillor endorsement on the updated Concept Plan for the Gasworks Arts Park (the Project).

1.2 To seek a Councillor decision on the future of the wall which boarders the new Arts Precinct which is being built by the VSBA (Victorian School Building Authority).

The following question was taken on notice during discussion of the item:

Councillor Bond – where did officers get the assessment that the wall was a 1950’s wall and that the footings of this wall were covered by some sort of heritage protection or assessment?

Dana Pritchard, Manager Open Space, Recreation and Community Resilience, took the question on notice.

MOVED Crs Bond/Martin

That Council:

3.1 Endorses the updated Concept Plan for the Gasworks Arts Park to progress to detailed design.

3.2 Supports the Victorian School’s Building Authority implementing changes to the Council managed wall which forms the border between Gasworks Arts Park and the new School Arts Precinct as follows:

- Lowering some sections to a minimum of 0.9m

- Retaining a high wall in some areas (above 1m)

- Removing some of the wall completely for an emergency exit point through the plaza into the park and consider a gate at this location to improve safety.

3.3 Notes that all decisions regarding amendments to the wall will be subject to further design to be undertaken by the VSBA in conjunction with and agreed by Council.

3.4 Notes that Serpent Artwork currently on the wall will need to be assessed prior to any final agreement on amendment to that part of the wall.

3.5 Notes that as the request for this project has come from the VSBA, the funding for the project will be part of their project costs and are not currently part of Council’s budget.

3.6 Notes that the ongoing licence agreement between City of Port Phillip and Albert Park College would need to be reviewed if access is opened to Arts Precinct.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To note the outcomes of the stakeholder and community engagement program, the preliminary planning assessment and the Confidential Commercial Feasibility Analysis & Development Options Report, including the accompanying commercial analysis summary document that is released to the public as part of this report.

1.2 To present options for the next steps in the project and request authorisation to progress the project in line with one of the options.

MOVED Crs Bond/Pearl

That Council:

3.1 Notes the release of several key project deliverables with the publication of this report on Council’s web-page on 1 December 2023. These include: The St Kilda Triangle – Proposal for a Live Music and Performance Venue - Engagement Summary Report (Attachment 1) and the St Kilda Triangle Commercial Feasibility Analysis and Development Options Report Public Summary (Attachment 3) and the St Kilda Triangle Planning Pathway Options Assessment (Attachment 4).

3.2 Notes that the St Kilda Triangle Commercial Feasibility Analysis and Development Options Report has been provided confidentially to Council due to the commercially sensitive nature of the contents but that a summary of the report suitable for publication has been developed and is included in this report as noted above.

3.3 Notes that Council, at a public meeting on 6 September 2023, was presented with the St Kilda Triangle Design Feasibility for a Live Music and Performance Venue and the St Kilda Triangle Potential Live Music / Performance Venue Market Sounding Report, seeking authorisation to commence community consultation on the indicative site layout (design option 2) set out in the design feasibility report.

3.4 Notes that a community and stakeholder engagement program seeking feedback on the outcomes of the design feasibility report commenced immediately following the Council Meeting on 7 September 23 and concluded on 19 October 23, with the key outcomes of the engagement set out in the body of the report, with further details provided in the engagement summary report in Attachment 1.

3.5 Notes the outcomes of the planning pathways assessment outlined in this report and detailed in Attachment 4.

3.6 Considers the following key findings across the various components of work:

- There is demand for a flexible 5000 standing live music and performance venue.

- The ‘proof of concept’ layout shows that a venue can be effectively accommodated on the St Kilda Triangle with carparking, public realm and other uses.

- There is strong industry support for a new venue to be located in St Kilda.

- There is majority support for a live music and performance venue, including strong support by representatives of the Traders Associations for Acland Street and Fitzroy Street, though there is some local opposition to the idea.

- There was concern expressed by destination venues immediately adjacent about a reduction in parking leading to loss of business.

- Carparking and traffic movement, the scale of the building and ongoing activation of or need for the venue were raised as concerns by those who did not support the concept and there were mixed views regarding parking.

- The likely cost of the ‘proof of concept’ idea that has been explored for a new live music and performance venue is estimated as a range between $113m-$139m, including the venue, basement carparking and public realm.

- The cost estimate that has been developed is useful for understanding the type of cost for a development such as this but would need to be reassessed to reflect any key changes that have been incorporated to the final design and cost of construction at the time.

- Operators are likely to have capacity to include a capital contribution as part of a bid in a competitive procurement process for a new venue in future, with the quantum being directly related to the length of tenure.

- Given the regional significance and civic nature of the project, it is likely that significant public funding or other subsidy will be required to support private investment in the development to achieve an outcome that will realise the full benefits possible for the site.

3.7 Advocate to the Victorian Government for investment in a business case for a new live music and performance venue on the St Kilda Triangle, with a possible contribution from Council to the business case to be confirmed.

3.8 Approves a project budget of $110k for Officers to engage with the market to further clarify the level of interest in investing in a new live music and performance venue on the St Kilda Triangle, and understand the level of funding contribution that is possible. This could include discussions with any interested parties that were involved in the market sounding, parties that have already expressed interest in the project and an invitation to other interested parties who haven’t yet made contact with Council.

AMENDMENT

MOVED Crs Nyaguy/Martin

The vote on the amendment was taken in two parts.

Part A

3.9 Requests officers investigate greening opportunities for the St Kilda Triangle using the existing Greening Port Phillip budget.

The vote was taken and the AMENDMENT was CARRIED unanimously.

Part B

3.10 Consider a project to progress the upgrade of the pedestrian crossing between the St Kilda Triangle carpark and the foreshore as part of the 2024/25 budget process.

The vote was taken and the AMENDMENT was CARRIED.

The AMENDMENT became the SUBSTANTIVE MOTION.

A vote was taken and the SUBSTANTIVE MOTION was CARRIED.

Cr Nyaguy called for a DIVISION.

FOR: Crs Baxter, Crawford, Bond, Sirakoff, Martin, Pearl, Clark and Cunsolo

AGAINST: Cr Nyaguy

The SUBSTANTIVE MOTION was CARRIED.

Purpose

1.1 To present the findings of the independent traffic and parking assessment following a Council request made when Council endorsed Planning Application (909/2020) for 464-466 St Kilda Road on 8 December 2021.

1.2 Recommend initiatives that aim to reduce observed issues and improve safety along Queens Lane

MOVED Crs Cunsolo/Martin

That Council:

3.1 Notes congestion at the intersection of Queens Lane and Kings Way has been a long-standing issue and that major changes to the arterial network of roads surrounding Queens Lane are required to address congestion issues within the lane. These are State owned and managed roads which Council has limited capacity to influence.

3.2 Endorses the following initiatives to be actioned along Queens Lane to help mitigate the observed issues where possible and improve safety of all road users:

3.2.1 Increase parking enforcement to improve compliance of the clearway and parking controls between Arthur Street and Kings Way and request ‘Tow-Away powers’ be granted from the Department of Transport and Planning

3.2.2 Seek approval from the Department of Transport and Planning to modify the ‘Keep Clear’ line marking on Kings Way to allow more traffic from Queens Lane to turn when traffic along Kings Way is queued. Implementation of any modification will be subject to Council’s budget process.

3.2.3 As part of the Council budget process, consider the installation of kerb outstands at Leopold Street and Arthur Street intersections with Queens Lane to increase safety by improving vehicle and pedestrian sightlines, lower vehicle speeds and shorten crossing distances and provide the opportunity for landscaping.

3.2.4 Review the 40km/h signage on Queens Lane and, where there are gaps, add additional signage.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 This report seeks endorsement of a preliminary Council submission in response to the State Government’s proposed Draft Planning Scheme Amendment GC224 which introduces the Fishermans Bend Development Contributions Plan (DCP), Open Space Uplift Mechanism (OSU) and associated planning scheme controls.

MOVED Crs Pearl/Martin

That Council:

3.1 Endorses the Preliminary Submission to Draft Planning Scheme Amendment GC224 – Fishermans Bend Development Contributions Plan and Open Space Uplift Mechanism (Attachment 1).

3.2 Authorises the CEO, or their delegate, to make minor amendments to the submission that do not materially alter the intent.

3.3 Notes that officers will prepare a Detailed Submission in response to the State Government’s Planning Scheme Amendment GC224 process.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To present to Council for adoption the reviewed Public Transparency Policy required under section 57 of the Local Government Act 2020.

Moved Crs Cunsolo/Pearl

That Council:

3.1 Adopts the updated Public Transparency Policy (Attachment 1) required under section 57 of the Local Government Act 2020.

3.2 Delegates authority to the Chief Executive Officer, or their delegate, to make amendments to the documents to correct any minor drafting errors that do not materially alter the intent of the policy.

3.3 Delegates authority to the Chief Executive Officer, or their delegate, to make changes to Appendix One of the policy, Publicly Available Information – Statutory Information, to reflect any possible updates to how information can be accessed.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To appoint Councillors to advisory committees and external boards and committees until 26 October 2024, when the general election for the City of Port Phillip will be held.

Moved Crs Cunsolo/Pearl

That Council:

3.1 Appoints Councillor representatives to advisory and external boards and committees as per Attachment 1, effective from the date of this resolution until 26 October 2024.

3.2 Notes the Councillors appointed to the roles outlined in Attachment 1 will also fulfil the requirements of any sub-groups or sub committees formed by these bodies where Councillor representation is required. In the event the Councillor representative is not able to fulfil this role, a Councillor representative will be determined by the Mayor or brought back to Council for resolution.

3.3 Notes that a review of the advisory committees is being undertaken to bring governing documents into line with legislative requirements, and a report recommending new Terms of Reference for relevant committees will be brought back to Council in the first half of 2024.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To report on the expenses incurred by Councillors during October 2023, in accordance with the Councillor Expenses and Support Policy.

Moved Crs Cunsolo/Pearl

That Council:

3.1 Notes the monthly Councillor expenses report for October 2023 (attachment 1) and that this will be made available on Council’s website.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To report to Council the written records of Informal Meetings of Councillors at the City of Port Phillip as required by the Governance rules.

Moved Crs Cunsolo/Pearl

That Council

2.1 Receives and notes the written records of Informal Meetings of Council (attached) as required by the Governance Rules.

A vote was taken and the MOTION was CARRIED unanimously.

Purpose

1.1 To provide an update on changes in Council’s strategic and operating environment and to seek approval of the 10-Year Financial Outlook and the parameters for the review of the Council Plan and development of the Budget 2024/25 and the Long- Term Financial Plan.

MOVED Crs Pearl/Martin

That Council:

3.1 Notes the outcomes from a preliminary review of the operating environment and strategic risks (Attachment 1).

3.2 Notes the growing challenges caused by the current economic environment including the impact of high inflation increasing the cost base of delivering Council services, infrastructure assets, and imposing further cost of living pressures of the community.

3.3 Notes that the Victorian Government continues to set the rates cap below inflation to mitigate cost of living pressures while requiring Council to absorb this shortfall, up to 8.55 per cent over the last three budget years.

3.4 Endorses not applying to the Essential Services Commission for a higher rate cap for 2024/25.

3.5 Endorses the 10-Year Financial Outlook and key parameters (outlined in Attachment 2).

3.6 Notes that officers project a cash deficit of $100 million (rates capping challenge) over ten years at existing service levels while maintaining our $3.6 billion of infrastructure and community assets and responding to population growth particularly in Fishermans Bend.

3.7 To address this projected deficit and provide capacity/contingency for unbudgeted service requests and/or a reduction in the rate increase or a partial rebate of the waste levy endorses the following parameters for the development of the draft 2024/25 budget:

3.7.1 Organisational efficiency target of 1 per cent of operating expenditure (excluding depreciation).

3.7.2 Focus on delivery of existing Council Plan priorities, services and initiatives, particularly those that have already been commenced.

3.7.3 Review the project portfolio to ensure deliverability and value for money.

3.7.4 Identification of options to keep the waste charge at or below the overall general rates increase. Noting the continued rollout of FOGO services to multi-unit developments in 2023/24 and as a result an anticipated delay in the transition to a fortnightly garbage service for those with a FOGO service.

3.7.5 A review of Council rating strategy to consider the use of differential rating to activate and incentivise development within the municipality, including for high street vacant buildings and vacant and derelict lands.

3.7.6 A global fee increase assumption of rates cap plus 0.25 per cent with consideration of benchmarking, fee cost recovery and affordability for the community.

3.8 Delegates authority to the CEO, or their delegate, to reflect any changes made by Council at tonight’s meeting, and to make minor typographical corrections (including in any attachments to this report) before final publication.

A vote was taken and the MOTION was CARRIED unanimously.

MOVED Crs Nyaguy/Martin

That Council:

1.1 Requests officers to review the patron and venue demand for current parklets utilising over 4 parking bays, in conjunction with the annual desktop review of the parklet guidelines.

AMENDMENT

Moved Crs Sirakoff/Cunsolo

1.2 Notes that feedback received from other traders (via regular Officer engagement) within the relevant commercial precinct referred to in 1.1 will be considered as part of the desktop review.

A vote was taken and the AMENDMENT was LOST.

The SUBSTANTIVE MOTION was PUT.

A vote was taken and the SUBSTANTIVE MOTION was CARRIED.

Moved Crs Cunsolo/Bond

That Council accepts the item of urgent business for consideration.

A vote was taken and the MOTION was CARRIED unanimously.

Moved Crs Martin/Cunsolo

That Council:

Delegates to the Chief Executive Officer (including the power to on delegate), effective for the period 15 December 2023 until the first sitting of the Planning Committee, in 2024, only, the power to:

3.1.1 Determine an application where:

- The application has not been refused under delegation and 16 or more objections are received.

- The application raises strategic or substantive policy issues.

- The application involves substantive non-compliance with the Planning Scheme or Council Policy, but officers consider the application should be supported.

- The application involves non-compliance with residential parking requirements.

- The application involves the total demolition of a building in a heritage overlay.

- The application involves land use for accommodation in the Fishermans Bend Urban Renewal Area.

- The application involves all development including development for the purposes of accommodation in the Fishermans Bend Urban Renewal Area.

- The application exceeds six storeys in height in the area covered by sub-precinct 2 in Schedule 26 to the Design and Development Overlay in the Port Phillip Planning Scheme, for the St Kilda Road North precinct.

- The application is in relation to all land use, design and structural matters, including amendments and secondary consents to the approved Seabaths Development Plan.

3.1.2 To provide comments to the Minister for Planning where the Minister is the Responsible Authority or Planning Authority for a statutory planning application or planning scheme amendment.

3.1.3 To instruct Council’s Statutory Planners and/or Council’s solicitors in relation to any application for review lodged with VCAT, or an application for a planning scheme amendment or an application before an Advisory Committee.

3.1.4 To determine planning permit applications or amendments or requests for extensions of time to planning permits within the Fishermans Bend Urban Renewal Area including applications comprising accommodation.

3.1.5 To determine planning permit applications that exceed six storeys in height in the area covered by Sub Precinct 2 in Schedule 26 to the Design and Development Overlay in the Port Phillip Planning Scheme, for the St Kilda Road North Precinct.

3.1.6 To determine all land use, design and structural matters, including amendments and secondary consents to the approved Seabaths Development Plan.

3.1.7 All determinations made during the period 15 December 2023 until the first sitting of the new Planning Committee will be reported to the first Planning Committee in the February 2024 Statutory Planning Delegations Decisions Report or as applicable.

3.2 Notes that this delegation does not preclude planning matters being considered by Council at its Ordinary Meeting of Council.

3.3 Prepares, and affixes the Common Seal of the Port Phillip City Council to, an Instrument of Delegation to the CEO that accords with this resolution.

3.4 Notes that all determinations made during the period 15 December 2023 until the first sitting of the new Planning Committee in 2024, will be reported to the Planning Committee in the December and January 2024 Statutory Planning Delegations Decisions Report, or earlier as applicable.

3.5 Approves the attached Instruments of Appointment and Authorisation and affixes the common seal of Council to the Instrument of Appointment.

A vote was taken and the MOTION was CARRIED unanimously.

MOVED Crs Crawford/Sirakoff

That Council resolves to move into confidential to deal with the following matters pursuant to section 66(2) of the Local Government Act 2020:

17.1 Building Services Maintenance Contract

3(1)(a) Council business information, being information that would prejudice the Council's position in commercial negotiations if prematurely released.

Reason:

The report refers to confidential matters concerning the Aged care review which significantly impacts staff. In addition pricing and budget allocation information include for decision making that the preferred supplier would not be privy to and could impact their quoting.

A vote was taken and the MOTION was CARRIED unanimously.

MOVED Crs Crawford/Sirakoff

That Council resolves to move into confidential to deal with the following matters pursuant to section 66(2) of the Local Government Act 2020:

17.2 Graffiti Removal Services

3(1)(g(ii)) private commercial information, being information provided by a business, commercial or financial undertaking that if released, would unreasonably expose the business, commercial or financial undertaking to disadvantage.

Reason:

The report contains commercially sensitive information.

A vote was taken and the MOTION was CARRIED unanimously.

MOVED Crs Crawford/Sirakoff

That Council resolves to move into confidential to deal with the following matters pursuant to section 66(2) of the Local Government Act 2020:

17.3 Declaration of Extraordinary Circumstances - Parking Ticket Machine Software and 4G Upgrade

3(1)(a) Council business information, being information that would prejudice the Council's position in commercial negotiations if prematurely released.

Reason:

Information that would prejudice Council's position and sole provider's position in commercial negotiations.

A vote was taken and the MOTION was CARRIED unanimously.

MOVED Crs Crawford/Sirakoff

That Council resolves to move into confidential to deal with the following matters pursuant to section 66(2) of the Local Government Act 2020:

3(1)(a) Council business information, being information that would prejudice the Council's position in commercial negotiations if prematurely released

3(1)(g(ii)) private commercial information, being information provided by a business, commercial or financial undertaking that if released, would unreasonably expose the business, commercial or financial undertaking to disadvantage.

Reason:

Commercial in confidence information that would unreasonably impact Council's commercial position if made public.

A vote was taken and the MOTION was CARRIED unanimously.