Agenda - City of Port Phillip

ORDINARY
MEETING OF
COUNCIL
AGENDA
31 JANUARY 2012

Ordinary Meeting of Council
Welcome
Welcome to this Meeting of the Port
Phillip City Council.
Council Meetings are an important
way to ensure that your democratically
elected representatives are working for
you in a fair and transparent way.
They also allow the public to be
involved in the decision making
process of Council.
About this meeting
There are a few things to know about
tonight’s meeting. The first page of
tonight’s Agenda itemises all the
different parts to the meeting. Some of
the items are administrative and are
required by law. In the agenda you will
also find a list of all the items to be
discussed this evening.
Each Report will be written by a
Council officer outlining the purpose of
the report, all relevant information and
a recommendation. Council will
consider the report and either accept
the recommendation or make
amendments to it. All decisions of
Council are adopted if they receive a
majority vote from the Councillors
present at the meeting.
Public Question Time
Provision is made at the beginning of
the meeting for question time from
members of the public.
If you would like to ask a question
tonight, please fill in the blue ‘Do You
Wish to ask a Question or make a
Public Comment’ form located outside
the chamber and give it to the
Administrative Officer.
Public Comment
Any person who has made a written
submission on an item and requested
that she or he be heard in support of
that written submission pursuant to
section 223 of the Local Government
Act will be entitled to address Council.
Any other public comment at this
meeting is at the discretion of the
Chairperson.
If you would like to address the
Council on any of the items being
discussed tonight, please fill in the
blue ‘Do You Wish to ask a Question
or make a Public Comment’ form
located outside the chamber and give
it to the Administrative Officer.
When your item is being discussed the
Chairperson will call your name and
ask you to address the Council. The
length of time available to each
speaker will be at the Chairpersons
discretion.

PORT PHILLIP CITY COUNCIL
BUSINESS PAPER
To Councillors
Notice is hereby given that an Ordinary Meeting of the Port Phillip City Council will be held in the Council
Chamber, St Kilda Town Hall on Tuesday 31 January 2012 at 6.00pm.
1. APOLOGIES
2. MINUTES OF PREVIOUS MEETINGS
AGENDA
Minutes of the Ordinary Meeting of the Port Phillip City Council held on 12 December 2011.
Minutes of the Special Meeting of the Port Phillip City Council held on 21 December 2011.
3. DECLARATIONS OF CONFLICTS OF INTEREST
4. PETITIONS AND JOINT LETTERS
5. SEALING SCHEDULE
6. PUBLIC QUESTION TIME
7. COUNCILLOR QUESTION TIME
8. PRESENTATION OF REPORTS
8.1 Memorandum of Understanding for the South Melbourne Town Hall Lease – Australian National
Academy of Music
8.2 City of Port Phillip Draft Reconciliation Action Plan for Feedback and Public Consultation
8.3 Golden Fleece Gaming Application
8.4 Amendment C91 to the Port Phillip Planning Scheme – Public Acquisition Overlay / Vegetation
Protection Overlay
8.5 Tender: Banking and Bill Payment Services
Contract No 1717
9. NOTICES OF MOTION
Nil.
10. REPORTS BY COUNCILLOR DELEGATES
11. URGENT BUSINESS
25 January 2012

AGENDA - ORDINARY MEETING OF COUNCIL – 31 JANUARY 2012
3. DECLARATIONS OF CONFLICTS OF INTEREST
4

AGENDA - ORDINARY MEETING OF COUNCIL – 31 JANUARY 2012
4. PETITIONS AND JOINT LETTERS
Item 1
A Petition was received from 26 signatories relating to alleged increased criminal behaviour,
criminal damage and safety concerns on Cobden Street, South Melbourne between Moray
Street and Clarendon Street.
The Petition states the following:
“Petition calling for increased police patrols in Cobden Street, South Melbourne between
Moray Street and Clarendon Street.
The residents of Cobden Street, between Moray Street and Clarendon Street are calling for
increased police patrols due to an increase in criminal behaviour, criminal damage and
safety concerns within the immediate precinct.”
and
“The residents of Cobden Street, South Melbourne between Moray Street and Clarendon
Street, are calling for increased police patrols within the immediate precinct due to an
increase in criminal behaviour, criminal damage and safety concerns.
Of the homes surveyed for support, 100% of residences were in support of increased police
patrols. The residences that are not shown on the survey were not home at the times of
enquiry/surveying.
The main concerns were:
1. Damage to properties (including graffiti);
2. Damage to vehicles parked on the street (including car break-ins);
3. Cars driving the wrong way down the street constantly (Cobden Street is a one-way
street and is adequately signed);
4. Speeding vehicles;
5. Underage drinking in the park on the corner of Moray Street and Cobden Street; and
6. Theft from properties.
This is an overwhelming amount of issues occurring in a small street, where the community
is well connected.”
OFFICER COMMENT
A jointly signed letter was received by Council on 29 November 2011 concerning the
following issues in Cobden Street, South Melbourne:
(1) Damage to properties including graffiti,
(2) Damage to vehicles parked on street,
(3) Vehicle driving against the traffic flow,
(4) Vehicle speed,
(5) Drinking in the Ludwig Stamer Reserve and
(6) Theft.
5

AGENDA - ORDINARY MEETING OF COUNCIL – 31 JANUARY 2012
OFFICER RECOMMENDATION
That Council:
- Receives the petition and takes the following actions:
- Provides graffiti removal information (also available on the internet) to
residents to obtain graffiti kits or assistance, in regard to issue (1);
- Conducts an assessment of the adequacy of the public lighting in Cobden
Street between Moray St and Clarendon Street, in regard to issue (2);
- Investigates issues (3) and (4) in regard to possible amelioration through
traffic design and management;
- Contacts the Victorian Police regarding all issues.
6

AGENDA - ORDINARY MEETING OF COUNCIL – 31 JANUARY 2012
Item 2
A Petition was received from 9 signatories relating to parking on the east side of Addison
Street between Shelley Street and Glen Huntly Road, Elwood.
The Petition states the following:
“As suggested in a recent letter dated 21 October to M. Curtin from Mr. Phil Braid (Senior
Traffic Officer) that a co-signed letter should be submitted to the Council from the residents,
visitors of this section of Addison Street.
As such, we the undersigned residents of this particular residential section (block) of
Addison Street, Elwood, do now submit our petition to the City of Port Phillip Council for
consideration to a change of the 1P Parking restriction.
NB: The current 1P restriction to our knowledge was never supported by local residents.
We feel we are being harshly treated as no other sections along Addison Street and in the
surrounding streets have this 1P Parking restriction in force.”
OFFICER COMMENT
A jointly signed letter was received by the City of Port Phillip on 20 December 2011
requesting the removal of existing parking restrictions from Addison Street (East side)
between Shelley Street and Glen Huntly Road, Elwood. There are currently 1P parking
restrictions on east side of this section of Addison Street. Existing parking restrictions in the
surrounding street network are unrestricted parking in Ruskin Street and Shelley Street and
1P parking restrictions in Glen Huntly Road.
RECOMMENDATION
That Council:
- Receives the petition and refers the request to the Traffic and Parking Design Unit for
investigation and questionnaire consultation with local residents affected by the
proposed removal of parking restrictions. Removal of existing parking restrictions on the
east side of Addison Street, between Shelley Street and Glen Huntly Road, will be based
on the survey results.
7

AGENDA - ORDINARY MEETING OF COUNCIL – 31 JANUARY 2012
Item 3
A Petition was received from 25 signatories relating to ongoing loud noise from property at
74 Wellington Street, St Kilda.
The Petition states the following:
“Petition Summary and Background:
Ongoing noise (music, yelling drunken behaviour) multiple times of the day and/or night by
residents living at 74 Wellington Street, St Kilda
Action Petitioned for:
We, the undersigned, are concerned members of the community living in close proximity to
the property of 74 Wellington Street and are affected by the noise. We request the City of
Port Phillip to act immediately to stop noise from the residents living there by enforcing
Council and EPA regulations”
and
“The undersigned of this Petition are requesting the City of Port Phillip Council to take
immediate action in regard to ongoing noise issues made by residents living at 74 Wellington
Street, St Kilda.
The current operation of the rooming house appears to be clearly contrary to a number of
statements made in the Municipal Context section of the Port Phillip Planning Scheme. In
particular:
- 21.04-1 key issues “Backpackers’ lodges… have a tendency to generate offsite
impacts on local resident amenity. It is important that they are
appropriately managed to minimize their impact”
- 21.04-1 paragraph 5.4 “require backpackers’ lodges to incorporate measures
to minimize their impact on the amenity of the area, include noise mitigation”
As the initiator of this Petition my health and wellbeing has been impacted by the ongoing
noise from 74 Wellington Street over the past 3 years. Noise at day and/or night time
(including loud music, loud talking, yelling and drunken behaviour) has caused me loss of
sleep, stress during and anxiety in anticipation of the noise assault.
Over the years I have taken the following action with multiple appeals to stop the noise
- Contacted city of Port Phillip by phone and online
- Contacted police to request their attendance and written to Sergeant Mark
Robertson at St Kilda Police station
- Contacted the EPA
- Spoken with the managers of the property 74 Wellington Street.
These requests have been without success and I am calling the Council also in the name of
affected residents who signed this Petition to take immediate action to remedy the situation
in line with the Port Phillip Planning Scheme and EPA regulations.”
OFFICER COMMENT
A petition was received by Council on 12 December 2011 raising concerns of ongoing noise
made by residents living at 74 Wellington Street, St Kilda including loud music, loud talking,
yelling and drunken behaviour.
8

AGENDA - ORDINARY MEETING OF COUNCIL – 31 JANUARY 2012
The petition also alleges the current operation of the rooming house appears to be clearly
contrary to a number of statements made in the Municipal Context section of the Port Phillip
Planning Scheme.
The initiator of the petition also alleges their health and wellbeing has been impacted by the
ongoing noise from 74 Wellington Street, St Kilda over the past three years.
Since receipt of the petition, the issue has been investigated by officers from Council’s
Building, Planning Compliance and Health units. The investigation is continuing and
appropriate enforcement action will be taken once the investigation is concluded.
OFFICER RECOMMENDATION
That Council:
- Receives the petition and refers it to officers for investigation and appropriate action.
9

AGENDA - ORDINARY MEETING OF COUNCIL – 31 JANUARY 2012
5. SEALING SCHEDULE
Item 1
The Agreement submitted for sealing by Council is made using the provisions of Section 173
of the Planning and Environment Act 1987 and is a requirement of Condition 7 of Planning
Permit No. P53/2009 for subdivision.
The Agreement is made between MICHELLE MAREE GALEA, the owner of 62 Grey Street,
St Kilda and PORT PHILLIP CITY COUNCIL, as the responsible authority, and covenants
the owner of the land to ensure that Condition 7 of Planning Permit No. P53/2009 is
satisfied.
The subdivision accords with development permit P1552/2004 allowing the use of the
existing building for twelve (12) serviced apartments and a caretaker’s residence with
dispensation of the car parking requirements from the planning scheme.
Condition 7 of Planning Permit No. P53/2009 for subdivision, issued by Council on the 3
June 2009 states that:
Prior to the issue of a statement of compliance, the owner shall, to the satisfaction of the
Responsible Authority, enter into an agreement under Section 173 of the Planning and
Environment Act 1988. The agreement shall bind the owners of the lots to make the
occupants of the lots aware of the Management Plan endorsed to permit 1552/2004 and
ensure both owners and occupants comply with it. The agreement shall be registered at
Land registry and shall travel with the land. All reasonable costs associated wit the
preparation and lodgement of the agreement shall be borne by the owner.
This item has not previously been considered by Council.
Responsible Manager: George Borg, Manager City Developer
RECOMMENDATION
That the Common Seal of the Port Phillip City Council be affixed to the above document.
10

AGENDA - ORDINARY MEETING OF COUNCIL – 31 JANUARY 2012
6. PUBLIC QUESTION TIME
11

AGENDA - ORDINARY MEETING OF COUNCIL – 31 JANUARY 2012
7. COUNCILLOR QUESTION TIME
12

AGENDA - ORDINARY MEETING OF COUNCIL – 31 JANUARY 2012
8. PRESENTATION OF REPORTS
8.1 Memorandum of Understanding for the South Melbourne Town Hall Lease –
Australian National Academy of Music
8.2 City of Port Phillip Draft Reconciliation Action Plan for Feedback and Public
Consultation
8.3 Golden Fleece Gaming Application
8.4 Amendment C91 to the Port Phillip Planning Scheme – Public Acquisition
Overlay / Vegetation Protection Overlay
8.5 Tender: Banking and Bill Payment Services
Contract No 1717
13

AGENDA - ORDINARY MEETING OF COUNCIL – 31 JANUARY 2012
9. NOTICES OF MOTION
Nil.
14

AGENDA - ORDINARY MEETING OF COUNCIL – 31 JANUARY 2012
10. REPORTS BY COUNCILLOR DELEGATES
15

AGENDA - ORDINARY MEETING OF COUNCIL – 31 JANUARY 2012
11. URGENT BUSINESS
16