Minutes of Council - 24 February 2020

MINUTES OF THE Meeting of City of Parramatta Council HELD IN THE CLOISTER FUNCTION ROOMS, ST PATRICK’S CATHEDRAL 1 MARIST PLACE, PARRAMATTA ON Monday, 24 February 2020 AT 6.30pm

These are draft minutes and are subject to confirmation by Council at its next meeting. The confirmed minutes will replace this draft version on the website once confirmed.

PRESENT

The Lord Mayor, Councillor Bob Dwyer and Councillors Benjamin Barrak, Phil Bradley, Pierre Esber, Michelle Garrard (Deputy Lord Mayor), Paul Han, Steven Issa, Andrew Jefferies (6.45pm), Dr Patricia Prociv, Bill Tyrrell, Andrew Wilson, Lorraine Wearne (6.31pm) and Martin Zaiter.

1. OPENING MEETING

The Lord Mayor, Councillor Bob Dwyer, opened the meeting at 6.30pm.

2. ACKNOWLEDGEMENT OF THE TRADITIONAL LAND OWNERS

The Lord Mayor, Councillor Dwyer, acknowledged the Burramattagal people of The Darug Nation as the traditional custodians of this land, and paid respect to their ancient culture and their elders past and present.

3. WEBCASTING ANNOUNCEMENT

The Lord Mayor, Councillor Dwyer, advised that this public meeting is being recorded and streamed live on the internet. The recording will also be archived and made available on Council’s website.

The Lord Mayor further advised that all care will be taken to maintain privacy, however as a visitor in the public gallery, the public should be aware that their presence may be recorded.

4. OTHER RECORDING OF MEETING ANOUNCEMENT

As per Council’s Code of Meeting Practice, the recording of the Council Meeting by the public using any device, audio or video, is only permitted with Council permission. Recording a Council Meeting without permission may result in the individual being expelled from the Meeting.

Note: Councillor Wearne arrived at 6.31pm following the above announcement made by the Lord Mayor.

5. CONFIRMATION OF MINUTES

SUBJECT: Minutes of the Council Meeting held on 10 February 2020

2636

RESOLVED (Esber/Garrard)

That the minutes be taken as read and be accepted as a true record of the Meeting.

6. APOLOGIES/REQUESTS FOR LEAVE OF ABSENCE

SUBJECT: Apologies/ Requests for leave of absence

2637

RESOLVED (Esber/Tyrrell)

That the apologies received from Councillor Donna Davis and Councillor Sameer Pandey be accepted and leave of absence granted.

7. DECLARATIONS OF INTEREST

Councillor Zaiter declared a non-pecuniary but significant interest in Item 18.4 being Post Exhibition Outcomes - Planning Proposal and Draft DCP for land at 14-38 Cowper Street, 5-5A Rowell Street and 21-41 East Street, Granville as he was on the Panel of the Sydney Central City Planning Panel. He retired from the meeting during debate and voting on the matter.

8. MATTERS OF URGENCY (if any)

There were no matters of urgency raised at this meeting.

9. Minutes of the Lord Mayor

9.1

SUBJECT Civic Flag Raising Ceremony Program

REFERENCE F2019/03630 - D07292463

REPORT OF Lord Mayor, Councillor Bob Dwyer

2638

RESOLVED (Dwyer/Esber)

(a) That the Civic Flag Raising Ceremony program be suspended due to the erection of hoardings in Centenary Square, and removal of the existing flagpoles, while works are carried out related to Parramatta Square and Parramatta Light Rail.

(b) That Council Officers liaise with the key stakeholders involved in these ceremonies to advise them of this decision.

(d) Further, that following completion of these works and the re-installation of flagpoles, Councillors receive advice regarding the appropriateness of re-establishing this program, and that this advice include the origin of each ceremony, costs, historical attendance, and other relevant information.

10. Public Forum

There were no public forums heard at this meeting.

11. Petitions

There were no petitions tabled at this meeting.

12. Rescission Motions

There were no rescission motions to consider at this meeting.

13. Fair

13.1

SUBJECT FOR APPROVAL: Quarterly Budget Review - December 2019

REFERENCE F2019/00279 - D07233359

REPORT OF Commercial Manager

2639

RESOLVED (Esber/Tyrrell)

(a) That Council adopt the December 2019 Quarterly Budget Review Statement and the Responsible Accounting Officer’s report on the financial position of the Council.

(b) Further that Council approve the revised estimates as follows:

1. Operating Budget surplus of $4.8m which is a reduction of ($0.9m) from September 2019 Forecast, including:

i. an increase in Operating Revenue by $0.9m (predominantly related to higher than expected interest revenue);

ii. an increase in Operating Expenses by ($1.9m) (predominantly related to the increase in funding required by the Brand Project);

iii. a benefit in Extraordinary Items relating to Stronger Communities Funded Projects by $0.1m;

2. An increase in Capital Revenue by $2.9m (predominantly driven by an increased forecast in s94 income);

3. A reduction in Capital Expenditure by $26.0m (as detailed in attached December 2019 QBRS).

14. Accessible

14.1

SUBJECT FOR NOTATION: Minutes of the Access Advisory Committee Meeting held on 17 December 2019

REFERENCE F2005/01944 - D07237168

REPORT OF Community Capacity Building Officer, Community Capacity Building

2640

RESOLVED (Esber/Tyrrell)

That Council note the minutes of the Access Advisory Committee meeting held on 17 December 2019.

14.2

SUBJECT FOR APPROVAL: Minutes of the Parramatta Traffic Committee Meeting held on 23 January 2020

REFERENCE F2020/00082 - D07213934

REPORT OF Traffic and Transport Manager

2641

RESOLVED (Tyrrell/Esber)

(a) That Council note the minutes of the Parramatta Traffic Committee meeting held on 23 January 2020, as provided at Attachment 1.

(b) That Council approve the recommendations of the Parramatta Traffic Committee meeting held on 23 January 2020 provided at Attachment 1 and in this report, noting the following financial implications for each item.

i. ITEM 2001 A1 - BRIDGE STREET, EPPING – INSTALL PEDESTRIAN REFUGE ISLAND

The estimated cost of the pedestrian refuge island in Bridge Street west of Rawson Street, Epping is $240,000. This project is 50 percent funded by NSW Government’s Active Transport Program. The remaining 50 percent of the cost will be funded by Council from its Active Transport Program Fund. Council has funding for the project in the 2019/20 budget.

ii. ITEM 2001 A4 - rosehill gardens racecourse - golden slipper day on 21 march 2020

There is no financial implication to Council as the proposed traffic management is to be implemented by Australian Turf Club.

iii. ITEM 2001 A5 - ROSEHILL GARDENS RACECOURSE - CARAVAN, CAMPING AND HOLIDAY SUPERSHOW 2020

There is no financial implication to Council as the proposed traffic management is to be implemented by The Caravan Camping & Touring Industry & Manufactured Housing Industry Association of NSW Ltd.

(c) That Item 2001 A2 – North Rocks Road at Alkira Road, Carlingford proposed traffic signals and median island barriers be deferred until a site visit with the Roads and Maritime Services can be organised.

(d) Further, that Council note the recommendation for Item 2001 A3 – Wigram Street, Harris Park Sydney Curry Fair Street Festival has been withdrawn.

Note: A Notice of Motion of Rescission has been lodged in relation to this matter.

14.3

SUBJECT FOR APPROVAL: Minutes of the Traffic Engineering Advisory Group Meeting held on 23 January 2020

REFERENCE F2020/00077 - D07214031

REPORT OF Traffic and Transport Manager

2642

RESOLVED (Tyrrell/Bradley)

(a) That Council note the minutes of the Traffic Engineering Advisory Group meeting held on 23 January 2020, provided at Attachment 1.

(b) That Council approve the recommendations of the Traffic Engineering Advisory Group meeting held on 23 January 2020 provided at Attachment 1 and in this report, noting the following financial implications for each item.

i. ITEM 2001 B1 - CAMPBELL STREET, PARRAMATTA - INSTALLATION OF TWO VEHICLE ACTIVATED SIGNS

There is no financial implication to Council as this project is 100% funded by the NSW Government.

ii. ITEM 2001 B2 - VICTORIA ROAD AT WILDE AVENUE, PARRAMATTA - BUS PRIORITY INTERSECTION IMPROVEMENTS

There is no financial implication to Council as this project is 100% funded by the NSW Government.

iii. ITEM 2001 B3 - FRANCES STREET AND NORTHMEAD AVENUE, NORTHMEAD - REVIEW TRAFFIC CONDITIONS

No works are proposed at this stage and therefore there are no financial implications to Council.

iv. ITEM 2001 B4 - EPPING 40KM/H HIGH PEDESTRIAN ACTIVITY AREA

There is no financial implication to Council for part 1 of the recommendation. Funding for part 2 of the recommendation is to be considered by Council during the preparation of future budgets.

v. ITEM 2001 B5 - REQUESTS FOR ‘NO STOPPING’ RESTRICTIONS AT RESIDENTAL DRIVEWAYS

There is no financial implication to Council as a result of this recommendation.

vi. ITEM 2001 B6 - INTERSECTION OF ORCHARD ROAD, NORTH ROCKS ROAD AND LYMPTON ROAD, CARLINGFORD - REVIEW TRAFFIC CONDITIONS AT THE INTERSECTION

No works are proposed at this stage and therefore there are no financial implications.

vii. ITEM 2001 B7 - PROJECTS LISTS INCLUDING AN UPDATE ON PROJECTS FOR 2019/20

There is no financial implication to Council as a result of this recommendation.

viii. ITEM 2001 B8 - OUTSTANDING WORKS INTRUCTIONS

RMS Block Grant funds for 2019/20 have been used for these works.

ix. ITEM 2001 B9 - INTERSECTION OF BULLI ROAD AND BUNGAREE ROAD, TOONGABBIE - REQUEST FOR A ROUNDABOUT

This project is listed for future funding consideration. Selection of projects (including this project) will be the subject of a report to TEAG and Council. There is no financial implication to Council at this point in time.

(c) That in relation to (b)(ii) above, Item 2001 B2, the Lord Mayor write to the relevant authorities requesting that the works include appropriate replacement trees for those removed.

(d) Further, that in relation to Item 2001 B4, to correct the minutes to reflect what was discussed and agreed:

“1. That the information in relation to the proposed installation of ‘40km/h High Pedestrian Activity Area (HPAA)’ in Epping be received and noted and no further action be taken at this time.

2. That Council investigate and focus on strategic traffic and transport issues (congestion busting) in the Epping Town Centre as speeds in excess of 40km per hour are not being achieved.

3. Further, that the minutes be corrected as Councillor Tyrrell did not mention any link to Carlingford Road west of Coles supermarket in Rawson Street, Epping.”

15. Green

Nil

16. Welcoming

16.1

SUBJECT FOR NOTATION: Minutes of the Riverside Advisory Board Meeting held on 28 November 2019

REFERENCE F2007/00388 - D07255740

REPORT OF Director Riverside Theatres

2643

RESOLVED (Tyrrell/Esber)

That Council note the minutes of the Riverside Theatres Advisory Board Meeting held on 28 November 2019 (Attachment 1).

17. Thriving

Nil

18. Innovative

18.1

SUBJECT FOR NOTATION: Minutes of the Heritage Advisory Committee Meeting held on 27 November 2019

REFERENCE F2013/00235 - D07254177

REPORT OF Project Officer Land Use

2644

RESOLVED (Tyrrell/Esber)

That Council note the minutes of the Heritage Advisory Committee meeting held on 27 November 2019.

18.2

SUBJECT FOR NOTATION: Investment Report for January 2020

REFERENCE F2009/00971 - D07262748

REPORT OF Tax and Treasury Accountant

2645

RESOLVED (Tyrrell/Esber)

That Council note the Investment Report for January 2020.

18.3	SUBJECT FOR APPROVAL: Pre-Gateway - Planning Proposal for 135 George Street and 118 Harris Street, Parramatta (Albion Hotel site) REFERENCE RZ/3/2017 - D07126376 REPORT OF Project Officer-Land Use Planning
	MOTION (Issa/ Garrard) That Council defer consideration of this matter to a Councillor Workshop.
	AMENDMENT (Wilson/ Barrak) (a) That Council endorse for the purposes of requesting a Gateway determination from the Department of Planning, Industry and Environment, the Planning Proposal included at Attachment 1 and the addendum at Attachment 2 for land at 135 George Street and 118 Harris Street, Parramatta which seeks to increase the maximum height of buildings control from 54 metres to 166 metres and increase the floor space ratio from 4:1 to 13.5:1, subject to the following amendments: i. Floor space ratio (FSR) – reduction in the floor space ratio from the applicant’s proposed 13.5:1 to a mapped FSR of 10:1; ii. Height of Buildings – Reduction in the Height of Buildings control from the applicant’s proposed height of 166 metres to a mapped height control of 130 metres; iii. Minimum Commercial Provisions – inclusion of a site-specific LEP clause that requires a minimum commercial floor space area equivalent to an FSR of 1:1; iv. High Performing Buildings Bonus - Provision outlining an additional FSR of 0.5:1 is achievable, provided that high-performing buildings standards are met. v. Car parking – inclusion of a site-specific LEP clause that applies the maximum car parking rates previously endorsed by Council as part of the Parramatta CBD Planning Proposal; and vi. Overshadowing – inclusion of a site-specific clause that ensures that the proposed building does not cause additional overshadowing to the Experiment Farm heritage item between the hours of 10.00am and 2.00pm on 21 June consistent with the draft amendment to Clause 7.4 under the Parramatta CBD Planning Proposal. (b) That the reference design be amended by the applicant to reflect the changes in (a) above prior to the Planning Proposal being forwarded to the Department of Planning, Industry and Environment for a Gateway determination. (c) That the Planning Proposal, as amended in accordance with resolution (a) above, be forwarded to the Department requesting a Gateway determination. (d) That a draft site-specific development control plan (DCP) be prepared and reported to Council for endorsement prior to its public exhibition. (e) That the applicant be invited to negotiate a Planning Agreement for the subject site and that delegated authority be given to the Chief Executive Officer to negotiate a Planning Agreement with the landowner in relation to the Planning Proposal on behalf of Council. The outcome of negotiations shall be reported back to Council prior to the draft Planning Agreement being placed on public exhibition. (f) That the Planning Proposal, draft DCP and draft Planning Agreement be exhibited concurrently. (g) That Council advises the Department of Planning, Industry and Environment that the Chief Executive Officer will be seeking to exercise the plan-making delegations for this Planning Proposal. (h) That Council grant delegated authority to the Chief Executive Officer to correct any minor anomalies to the Planning Proposal, draft DCP and draft Planning Agreement of a non-policy and administrative nature that may arise during the amendment process. (i) Further, that Council note the Local Planning Panel’s advice to Council is to defer the Planning Proposal subject to overshadowing analysis (refer Attachment 3), which has been conducted as part of the Parramatta CBD Planning Proposal and is addressed in this report.
	The amendment moved by Council Wilson and seconded by Councillor Barrak on being put was declared LOST. DIVISION The result being:- AYES: Councillors Barrak, Wearne and Wilson NOES: Councillors Bradley, Dwyer, Esber, Garrard, Han, Issa, Jefferies, Prociv, Tyrrell and Zaiter The motion moved by Councillor Issa and seconded by Councillor Garrard on being put was declared CARRIED. DIVISION The result being:- AYES: Councillors Bradley, Dwyer, Esber, Garrard, Han, Issa, Jefferies, Prociv, Tyrrell, Wearne and Zaiter NOES: Councillors Barrak and Wilson
2646	RESOLVED (Issa/Garrard) That Council defer consideration of this matter to a Councillor Workshop. DIVISION The result being:- AYES: Councillors Bradley, Dwyer, Esber, Garrard, Han, Issa, Jefferies, Prociv, Tyrrell, Wearne and Zaiter NOES: Councillors Barrak and Wilson
	Note: Councillor Jeffries arrived at 6.45pm during consideration of Item 18.3

Note: Councillor Zaiter declared a non-pecuniary but significant interest in Item 18.4 and retired from the meeting at 6.56pm prior to debate and voting thereon.

18.4

SUBJECT FOR APPROVAL: Post Exhibition Outcomes - Planning Proposal and Draft DCP for land at 14-38 Cowper Street, 5-5A Rowell Street and 21-41 East Street, Granville

REFERENCE RZ/15/2017 - D07150652

REPORT OF Project Officer Land Use

2647

RESOLVED (Esber/Wilson)

(a) That Council note the outcomes of the public exhibition of the Planning Proposal and draft DCP for land at 14-38 Cowper Street, 5-5A Rowell Street, and 21-41 East Street, Granville.

(b) That Council endorse the Planning Proposal (at Attachment 2) for land at 14-38 Cowper Street, 5-5A Rowell Street, and 21-41 East Street, Granville which seeks to amend the Parramatta Local Environmental Plan 2011 (Parramatta LEP 2011) in relation to the subject site by:

1 Increasing the maximum Height of Building control from 52m to part 92m (but only for the western portion of the land containing Building C) and retain the existing 52m for the remainder of the site;

2 Amending the Height of Building map to remove the western portion of the site from ‘Area 1’ and therefore the application of minimum site area requirements to achieve the proposed Height of Buildings;

3 Identifying the western portion of the land containing Building C as “A” on the Design Excellence map to ensure that it is subject to an appropriate design competition as per Clause 6.13 of the Parramatta LEP 2011.

(c) That Council forward the Planning Proposal to the Department of Planning, Industry and Environment requesting that it be finalised and come into legal effect.

(d) That Council adopt the draft site-specific DCP included at Attachment 3.

(e) That Council delegate authority to the Chief Executive Officer to correct any minor anomalies of a non-policy and administrative nature that may arise during the plan-making process.

(f) Further, that Council note the advice of the Local Planning Panel (provided at Attachment 1) is consistent with Council officer’s recommendation.

DIVISION The result being:-

AYES: Councillors Dwyer, Esber, Garrard, Han, Issa, Jefferies, Tyrrell, Wearne and Wilson

NOES: Councillors Barrak, Bradley and Prociv

Note: Councillor Zaiter returned to the Chamber at 7.00pm after consideration of Item 18.4.

18.5

SUBJECT FOR APPROVAL: Post Exhibition Outcomes - Planning Proposal for land at 108 Silverwater Road, Silverwater

REFERENCE RZ/11/2018 - D07143809

REPORT OF Project Officer Land Use

2648

RESOLVED (Esber/Issa)

(a) That Council note the outcomes of the public exhibition period in relation to the Planning Proposal for the land at 108 Silverwater Road, Silverwater.

(b) That Council endorse for finalisation the Planning Proposal (at Attachment 1) for land at 108 Silverwater Road, Silverwater, which seeks to amend Schedule 1 of the Auburn Local Environment Plan 2010 (Auburn LEP 2010) to allow ‘office premises’ as an additional permitted use (limited to the existing office area of 2,100m² only).

(c) That Council authorise the Chief Executive Officer to exercise the plan-making delegations as granted by the Gateway Determination for this Planning Proposal.

(d) Further, that Council authorise the Chief Executive Officer to make any minor amendments and corrections of a non-policy and administrative nature that may arise during the plan amendment process, relating to the Planning Proposal.

DIVISION The result being:-

AYES: Councillors Barrak, Bradley, Dwyer, Esber, Garrard, Han, Issa, Jefferies, Prociv, Tyrrell, Wearne, Wilson and Zaiter

NOES: Nil

19. Notices of Motion

19.1

SUBJECT NOTICE OF MOTION: Parking Enforcement Sydney Olympic Park (Deferred Item)

REFERENCE F2019/04433 - D07271842

FROM Councillor Wilson

2649

RESOLVED (Wilson/Issa)

(a) That Council prepare a report reviewing the parking enforcement activity on public roads during major events held at Sydney Olympic Park.

(b) Further, that the report be presented to Council.

19.2

SUBJECT NOTICE OF MOTION: Parking Enforcement During Unusual Hours (Deferred Item)

REFERENCE F2019/04433 - D07271844

FROM Councillor Wilson

2650

RESOLVED (Wilson/Issa)

(a) That Council prepare a report with a view to increasing community acceptance of Council’s parking enforcement programs.

(b) Further, that the report be presented to Council.

20. QUESTIONS ON NOTICE

Nil

Note: Prior to moving into Closed Session, the Lord Mayor invited members of the public gallery to make representations as to why any item had been included in Closed Session. No member of the gallery wished to make representations.

21. CLOSED SESSION

2651

RESOLVED (Esber/Tyrrell)

That members of the press and public be excluded from the meeting of the Closed Session and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld. This action is taken in accordance with Section 10A(s) of the Local Government Act, 1993 as the items listed come within the following provisions:-

1 FOR APPROVAL: Acquisition of 110F Model Farms Road, Winston Hills. (D07228181) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

21.1

SUBJECT FOR APPROVAL: Acquisition of 110F Model Farms Road, Winston Hills

REFERENCE F2019/04434 - D07228181

REPORT OF Property Services - Land Specialist

2652

RESOLVED (Bradley/Barrak)

(a) That Council approve the acquisition of Lot 3 DP 1003290 on the terms and conditions outlined in this report.

(b) That Council classify the land as Community Land upon transfer of the land.

(c) Further that Council delegate authority to the Chief Executive Officer to execute the Contract for Sale and any other associated documents in order to complete this matter.

Note: Councillor Issa left the Chamber 7.07pm and returned at 7.08pm during consideration of Item 21.1.

22. REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

The Chief Executive Officer declared Item 21.1 considered in Closed Session was carried.

23. CONCLUSION OF MEETING

The meeting terminated at 7.19pm.

THIS PAGE AND THE PRECEDING 12 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 24 FEBRUARY 2020 AND CONFIRMED ON MONDAY, 9 MARCH 2020.

Chairperson