Copy - Scanned from Meeting Agenda and Moorabbin Redevelopment Report
Please Note: Some errors may have occured during the scanning process
THIS IS NOT THE FULL REPORT
start of Page 119
City of Kingston Ordinary Council Meeting
Agenda - 18 December 2006
If Council does not wish to sell the subject property it resolve as follows:
Recommendation A
1. That Council note the report of the Section 223 Committee.
2. That Council having considered the submissions received and the report of the Committee in relation to the proposed sale of land at 426 South Road Moorabbin herby resolves to, abandon the proposal to sell the land
3. That the Submitters be advised of Councils decision and the reasons for that decision.
4. That Council seek further discussions with the St Kilda Football Club, Australian Football League and Victorian State Government to explore alternate means to enable the implementation of the Moorabbin Reserve Masterplan.
OR
If Council does wish sell the subject property it resolve as follows:-
Recommendation B
(This recommendation is what the City of Kingston approved on the above meeting date)
1. That Council note the report of the Section 223 Committee.
2. That Council, having considered the submissions received and the report of the Committee in relation to the proposed sale of land at 426 South Road Moorabbin, hereby resolves to sell the subject property to the St Kilda Football Club on terms and conditions consistent with the Agreement in Principle adopted by Council at its ordinary Council Meeting 29 May 2006 with the further condition that a section 173 agreement be entered into by the purchaser of the subject property including (but not limited to) the following:
• specifying the use of the site for the St Kilda Football Club Social Club
• limiting the maximum height of any development to 3 stories
• the built form to be sympathetic to surrounding land uses.
• limiting the number of gaming machines that may be operated from the site to a maximum of 83 Electronic Gaming Machines;
and containing such other terms and conditions as Council may require to protect its interests.
3. That a further report be presented to Council detailing the Planning Scheme amendment and planning approvals process for the subject property required to give effect to the proposed use of the subject property by the St Kilda Football Club for a Social Club, Gaming Room, club merchandise outlet, Bistro/Caf~ and associated office and professional suites (proposed use).
4. That the Chief Executive Officer be authorised to negotiate and execute on Councils behalf a contract of sale for the land and related documentation to the satisfaction of Councils legal advisors, that includes the above terms and conditions and such other terms and conditions as required require to protect its interests within 6 months of the date of this resolution.
5. If the Contract of Sale for the land is not executed by the parties within six months of the date of this resolution, this resolution will cease to have effect.
End of Page 119 - Start of Page 120
City of Kingston Ordinary Council Meeting
Agenda
18 December 2006
6. That the contract of sale be conditional (among other things) upon an application, to the satisfaction of the responsible authority, for a Planning Scheme Amendment for the proposed use of the subject property by the St Kilda Football Club for the proposed use being made by 1 July 2007 unless otherwise agreed in writing by the Chief Executive Officer.
7. That Council allocate $1,000,000 to Council's Open Space Reserve. That this allocation only be made from the proceeds of non-open space surplus land sales in the Moorabbin area.
8. That the open space reserve allocation referred to in 7 above be used to purchase and/or develop open space and recreation opportunities in the Moorabbin area as opportunities arise and in accordance with priorities to be guided by the Moorabbin Activity Centre Structure Plan.
9. That, in accordance with Council's adopted Gaining Policy (Electronic Gaming Machines, December 2002), Council determines its position on the St Kilda Football Clubs proposed relocation of gaining machines to the subject property after it has received and considered the Social and Economic Impact Statement required under that policy.
10. That the submitters be advised of Council's decision and the reasons for that decision.
11. That Council commence negotiations with the St Kilda Football Club to implement the agreement in principal including the surrender and granting of a new lease for the proposed administration and training facility at the reserve, such lease to be subject to Council satisfying its obligations under section 190 of the Local Government Act.
(See Attachment)
end of Page 120
ATTACHMENT1
Moorabbin Reserve Redevelopment - Agreement-in-Principle - 26 May 2006
Context:
Council's adopted Moorabbin Reserve Masterplan (September 2005) allows for the potential sale of 3850 sq m of the Reserve on the corner of South Road and Linton St Moorabbin and the redevelopment of the St Kilda Football Club training facilities and the reserve at the rear of the site. This document sets out the basis of an agreement-in-principle between the Kingston City Council (KCC) and the St Kilda Football Club (SKFC) to be used for the purposes of a funding submission to the AFL and State Government for the training facilities on the Reserve.
It is envisaged that a formal Heads of Agreement will be established once funding arrangements have been confirmed with the AFL and State Government and when Council has determined on the sale of land after following the statutory processes set down in the Local Government Act. Any agreement will be subject to the parties entering into a contract of sale and lease, the appropriate planning approvals and statutory processes and SKFC's successful funding & commercial financing applications.
1. South Road land
KCC agrees to initiate a process under Section 189 of the Local Government Act to formally determine on whether it will sell a portion of the Reserve to SK17C. Council reserves its decision to approve, or otherwise, the sale of the land until the outcome of the Section 189 process is known. The rezoning of the land and any permits required are subject to State planning provisions.
In the event that Council formally resolves to sell this land under the s189 process SK17C agrees to pay for the 3850 square metre parcel of land at KCC's valuation of $2.1 m, payable to KCC by SKFC on the following terms:
• KCC and SKFC will enter a contract of sale for the land.
• A condition precedent in the contract will be the parties entering into a binding lease for the administration and training facilities.
• SKFC will pay to KCC $200,000 on signing of the contract of sale. (Refundable if planning process for the South Road site not concluded)
• SKFC will pay to KCC $1,900,000.00 upon settlement of the contract of sale (being after the lease has been signed and planning approval obtained).
• KCC to have first right of refusal in perpetuity to purchase the property at market value.
• SKFC to hold all income, signage & naming rights to the property
• SKFC are responsible for all costs of the development and utilisation on the land proposed to be sold. KCC will not make any contribution to this development.
2. Car Parking on South Road Facility
• SKFC will provide for its own car parking requirements on the South Road site in accordance with planning permit requirements
• KCC will arrange for any modifications required to the Moorabbin Bowling Club and greens and provide car parking facilities adjacent to the site for the use of bowls club patrons (at an estimated total cost to KCC of $500,000)
• Both car parks will be available as required for overspill use from each party's activities
• The understanding that some park land may be very infrequently used for further overflow parking (family days etc), remains understood, but no cars may be parked at any time on the rear eastern section of Moorabbin Reserve.
3. Training Facility & new lease at Linton St
• KCC owns the asset
• KCC will contribute $1,500,000 to the demolition of the existing grandstands, mounding and other redundant infrastructure and building of the new facility. This is based on an understanding that the State Government and AFL will contribute a total of $6,000,000 and SKFC $1,500,000 to the training facility. (Total cost $9,000,000 including estimated demolition costs)
• SKFC runs the facility and retains all rights to potential income streams from the facility for the duration of the lease, except for when the facility is being used for learn-to-swim programs which are delivered by the KCC (during which time the KCC will pay a facility hire fee to the SKFC for usage of the facilities on a full cost recovery basis). The pool will not be leased by SKFC to any other parties without KCC approval. 60% of net operating surplus from the learn-to swim program (after deduction of hiring fees, operating costs, maintenance, cleaning costs etc.) will be paid to SKM
• SKFC will make the indoor sports court and indoor swimming pool areas available for community usage, when they are not required for training or rehabilitation by its players. Given the variable nature of the AFL season and elite training and rehabilitation needs, it is recognised by both parties that community access may vary from time-to-time. Both parties will work co-operatively to maximise available time for community usage and provide reasonable notice to minimise inconvenience to all users
• Community usage of the indoor pool and indoor sports court facilities will be allowed and encouraged based on a "cost recovery" basis (i.e. SKFC is not expected to in any way subsidise the cost of maintenance, cleaning and operations as a direct result of community usage of the facilities). To the extent that the new facilities include an indoor basketball stadium, it must be designed and built to prevent noise intrusion to surrounding properties and restricted to hours of use approved by KCC
• Subject to KCC resolving to do so after complying with its obligations under sections 190 and 223 of the Local Government Act 1989, a new long term lease of 30 years will be entered into between the parties at $20,000 ground rental to be payed by SKM This figure will be subject to annual CP1 increases
• KCC agrees that the total area of the new lease will include the playing surface plus the areas that are required to house the training and administration functions of the SKFC, plus car parking associated with the usage of the facilities for these purposes
• SKFC pays for all outgoings & maintenance relating to the training facility during the period of the lease. The lease will address the means by which a high level of maintenance will be achieved for the building and ensure that, at the end of the lease, it is in a serviceable state.
• SKFC fully maintains the oval and grounds covered under the new lease and retains all rights to potential income streams from the oval for the duration of the lease
• SKFC to hold all signage & naming rights to the facility SKFC not to assign or sub-let without KCC's written consent
• If SKFC relocates its administration or training activities from Moorabbin Reserve, the new lease will terminate upon service of notice by KCC
• SKFC to maintain the pool at applicable legislative and regulatory requirements for public use.
• KCC will undertake required landscape and upgrade works in the Reserve in accordance with the Council adopted Reserve Masterplan (at an estimated total cost to KCC of $500,000).
• 4. SKFC Current Lease of Reserve
• Upon receipt of planning approval for the South Road Social Club building SKFC relinquishes its current lease entitlements (including all existing site buildings such as the Social Club Bowling Club buildings) to KCC.
• In consideration of this KCC will pay $200,000 to SKFC (payable upon signing of the new lease) and both parties are released from all future claims associated with the current facilities.
GO BACK TO PREVIOUS PAGE
|
|
