MINUTES
Ordinary Council Meeting
21 August 2018
Ordinary Council Meeting Minutes 21 August 2018
1 Declaration of Opening / Acknowledgement of Country
2 Apologies / Members on Leave of Absence
3 (A) Public Question Time and Receiving of Public Statements
(B) Response to Previous Public Questions Taken On Notice
4 Applications Leave of Absence
5 The Receiving of Petitions, Deputations and Presentations
7 Announcements by the Presiding Member (Without Disussion)
11.1 Licence to use Axford Park for Mount Hawthorn Hawkers Market - Heart Inspired Events
11.3 Financial Statements as at 31 July 2018
11.4 Authorisation of Expenditure for the Period 26 June 2018 to 24 July 2018
11.5 Investment Report as at 31 July 2018
12.1 Turf Wicket Agreement - Tuart Hill Cricket Club Inc.
9.6 No. 559 (Lot: 4; D/P: 1477) Beaufort Street, Mount Lawley - Change of Use from Shop to Small Bar
14 Motions of Which Previous Notice Has Been Given
14.1 Notice of Motion - Cr Dan Loden - Transparency of rates spend in the Budget
9.8 LATE REPORT: Amendment 1 to Local Planning Policy No. 7.1.1 - Built Form
This Item was withdrawn by the Chief Executive Officer prior to the Council Meeting.
10.1 Tender No. 550/18 - Pruning of Street Trees using Elevated Work Platforms
10.2 Axford Park Upgrade - Concept Design & Implementation of Quick Win Works Items
10.3 LATE REPORT: Revised Engineering Policies Relating to Verge Treatments and Street Trees
11.2 Report from Audit Committee meeting of 17 July 2018
12.2 City of Vincent Art Development Action Plan 2018–2020
15 Questions by Members of Which Due Notice Has Been Given (Without Discussion)
16 Representation on Committees and Public Bodies
18 Confidential Items/Matters For Which the Meeting May be Closed
Ordinary Council Meeting Minutes 21 August 2018
MINUTES OF City of Vincent
Ordinary Council Meeting
HELD AT THE Administration and Civic
Centre
244 Vincent Street, Leederville
ON Tuesday, 21 August 2018 AT 6pm
PRESENT: Mayor Emma Cole Presiding Member
Cr Susan Gontaszewski (Deputy Mayor) South Ward
Cr Alex Castle North Ward
Cr Joanne Fotakis North Ward
Cr Jonathan Hallett South Ward
Cr Roslyn Harley North Ward
Cr Dan Loden North Ward
Cr Jimmy Murphy South Ward
Cr Joshua Topelberg South Ward
IN ATTENDANCE: Len Kosova Chief Executive Officer
Andrew Murphy Director Engineering
Kerryn Batten Director Corporate Services
Michael Quirk Director Community Engagement
Luke Gibson A/Director Development Services
Natasha Brooks Governance & Council Support Officer
Emma Simmons Governance & Council Support Officer
Media: Julian Wright (Journalist), “The Guardian Express” (until approximately 8.03pm).
Public: Approximately 20 members of the public.
1 Declaration of Opening / Acknowledgement of Country
The Presiding Member, Mayor Emma Cole declared the meeting open at 6.01pm and read the following Acknowledgement of Country statement:
“The City of Vincent would like to acknowledge the Traditional Owners of the land, the Whadjuk people of the Noongar nation and pay our respects to Elders past, present and emerging”.
2 Apologies / Members on Leave of Absence
Nil
3 (A) Public Question Time and Receiving of Public Statements
The following is a summary of questions and submissions received and responses provided at the meeting.
This is not a verbatim record of comments made at the meeting.
1. Nik Zounis of North Perth – Item 9.4
· Spoke in support of the application.
· Thanked Cr Gontazewski and the Acting Director Development Services for attending a site visit.
· Stated that they are willing to plant additional trees along the northern driveway of the property along with an addition garden wall along the front of the property.
The Presiding Member Mayor Emma Cole thanked Mr Zounis for his comments.
2. John Williams of Perth - Item 9.5
· Spoke against the application.
· Stated that the proposed development does not meet Councils residential design codes.
· Stated that boundary setbacks will not negate the negative impact that the car stackers will have on surrounding residents.
· Raised concern in relation to the impact that the car stackers may have on property value.
The Presiding Member Mayor Emma Cole thanked Mr Williams for his comments.
3. Peter Mrdja of Urbanista Town Planning, Perth – Item 9.6
· Spoke in support of the application.
The Presiding Member Mayor Emma Cole thanked Mr Mrdja for his comments.
4. Sarah Turner of West Perth – Item 9.7
· Spoke against the application.
· Raised concerns in relation to privacy.
The Presiding Member Mayor Emma Cole thanked Ms Turner for her comments.
5. Mark Pavisich of Averna Homes, Churchlands – Item 9.7
· Spoke in support of the application.
· Stated that the property faces north so the overshadowing is directly to the carport and doesn’t reach the rear laneway.
The Presiding Member Mayor Emma Cole thanked Mr Pavisich for his comments.
6. Katrina Clarke of Perth – Item 9.5
· Spoke against the application.
· Advised that the proposed application will overshadow her property and raised concerns in relation to noise.
The Presiding Member Mayor Emma Cole thanked Ms Clarke for her comments.
7. Dudley Maier of Highgate – Council Minutes, Staff Survey and Item 14.1
· Stated that prior to 2014 Council Minutes were usually available within two to three working days.
· Questioned whether the CEO is still committed to producing the unconfirmed minutes in a timely fashion.
· Questioned whether an independent staff survey would be undertaken and the results provided to staff.
· Stated that the last budget did not provide sufficient information to enable Council to monitor financial performance.
The Presiding Member Mayor Emma Cole thanked Mr Maier for his questions and invited the CEO to respond.
The Chief Executive Officer Len Kosova advised Mr Maier that the production of unconfirmed minutes is a matter of both timeliness and accuracy and whilst it has taken up to ten working days to produce the unconfirmed minutes the priority has been the accuracy of the minutes.
The Chief Executive Officer confirmed that a staff survey was conducted approximately two months ago and the results of this survey have already been provided to all City staff.
There being no further speakers, Public Question Time closed at approximately 6.16pm.
(B) Response to Previous Public Questions Taken On Notice
Nil
4 Applications Leave of Absence
4.1 Mayor Emma Cole requested a leave of absence from 17 September 2018 to 12 October 2018 inclusive for personal reasons.
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Moved: Cr Harley, Seconded: Cr Castle That Mayor Emma Cole’s request for leave of absence be approved. For: Presiding Member Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil |
5 The Receiving of Petitions, Deputations and Presentations
Nil
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Moved: Cr Fotakis, Seconded: Cr Loden That the minutes of the Ordinary Meeting held on 24 July 2018 be confirmed. carried Unanimously (9-0) For: Presiding Member Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil |
7 Announcements by the Presiding Member (Without Disussion)
The Presiding Member Emma Cole made the following announcement:
7.1 Imagine Vincent Website
I would like to mention that we do have some quite key public consultations happening at the moment on our Imagine Vincent website which is our engagement website. They are the Draft Strategic Community Plan; 40km/hr Speed Trial on local residential roads in the southern most neighbourhoods of Vincent; and also our Reconciliation Action Plan in which we are striving to move to an innovate RAP. I would strongly encourage residents and rate payers and visitors to the City of Vincent to have a look at those and please take the opportunity to provide comment.
8 Declarations of Interest
8.1 Cr Jimmy Murphy disclosed an impartiality interest in Item 18.1 – Agreement to Undertake the Care, Control and Management of the Rosemount Hotel Car Park – 459 Fitzgerald Street, North Perth. The extent of his interest is that the owner of the Rosemount Hotel Carpark, FSM, is a founding partner of the Town Team Movement, of which Cr Murphy is the convenor.
8.2 Cr Jimmy Murphy disclosed an impartiality interest in Item 9.6 – No. 559 (Lot: 4;D/P: 1477) Beaufort Street, Mount Lawley – change of Use from Shop to Small Bar. The extent of his interest is that the representative is Urbanista Town Planning of which Bianca Sandri is a Director. Ms Sandri sits on the Town Team Movement Board of which Cr Murphy is the convenor.
8.3 Cr Jimmy Murphy disclosed a financial interest in Item 9.1 – No. 148-158 (Lot: 600; D/P: 47025) Scarborough Beach Road, Mount Hawthorn – Change of Use from Office/Retail to Educational Establishment. The extent of his interest is that the owner of the Mezz Hawaiian is a sponsor of the Victoria Park Summer Street Party which is run by Cr Murphy’s company, Upbeat Events. Cr Murphy is not seeking approval to participate in the debate or to remain in Chambers or vote on the matter.
8.4 Cr Joshua Topelberg disclosed an indirect financial interest in Item 9.6 – No. 559 (Lot: 4;D/P: 1477) Beaufort Street, Mount Lawley – change of Use from Shop to Small Bar. The extent of the interest is that Cr Topelberg’s business has a current financial relationship with the architect for the development. Cr Topelberg is not seeking approval to participate in the debate or to remain in Chambers or vote on the matter.
The Presiding Member, Mayor Emma Cole, advised the meeting of:
(a) Items which are the subject of a question, comment or deputation from Members of the Public, being:
Items 9.4, 9.5, 9.6, 9.7 and 14.1.
(b) Items which require an Absolute Majority decision which have not already been the subject of a public question/comment, being:
Items 18.1.
(c) Items which Council Members/Officers have declared a financial or proximity interest, being:
Items 9.1 and 9.6
The Presiding Member, Mayor Emma Cole, requested Council Members to indicate:
(d) Items which Council Members wish to discuss which have not already been the subject of a public question/comment or require an absolute majority decision and the following was advised:
COUNCIL MEMBER |
ITEMS TO BE DISCUSSED |
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Presiding Member Mayor Cole |
11.2 |
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Cr Gontaszewski |
10.3 |
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Cr Castle |
10.2 |
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Cr Hallett |
14.1 |
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Cr Loden |
10.1 |
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Cr Murphy |
12.2 |
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Cr Topelberg |
9.2 |
The Presiding Member, Mayor Emma Cole therefore requested the Chief Executive Officer, Len Kosova to advise the meeting of:
(e) Unopposed items which will be moved “En Bloc”, being:
Items 9.3, 11.1, 11.3, 11.4, 11.5, 12.1 and 13.1
(f) Confidential Reports which will be considered behind closed doors, being:
Items 18.1.
The following Items were adopted unopposed and without discussion “En Bloc”, as recommended:
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9.3 No. 7 (Lot 1; STR: 43011) Galwey Street, Leederville - Proposed Extension to the period of approval: Proposed Alterations and Three Storey Addition to Single House TRIM Ref: D18/82331 Author: Emily Andrews, Urban Planner Authoriser: Luke Gibson, A/Director Development Services Ward: North Attachments: 1. Attachment
1 - Consultation and Location Map 2. Attachment
2 - Previous Approval and Plans 3. Attachment
3 - Development Plans 4. Attachment
4 - Application Submission 5. Attachment
5 - Summary of Submissions
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Recommendation: That Council, in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, APPROVES the application to extend the period in which the development must be substantially commenced at No. 7 (Lot 1; STR: 40311) Galwey Street, Leederville, for development approval 5.2015.396.1 granted by Council on 9 February 2016 for Proposed Alterations and Three Storey Addition to Existing Single Dwelling subject to the following conditions: 1. The extension of time is granted for a period of two years, being to 9 February 2020; 2. Prior to the issue of a Building Permit, the applicant is to demonstrate that the proposed balcony screening and living / dining windows meet the deemed-to-comply standards of the Residential Design Codes, as they relate to visual privacy; and 3. All other conditions, requirements and advice notes detailed on the development approval 5.2015.356.1 granted on 9 February 2016 continue to apply to this approval. |
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Moved: Cr Topelberg, Seconded: Cr Murphy That the recommendation be adopted. Carried Unanimously “En Bloc” (9-0)
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11.1 Licence to use Axford Park for Mount Hawthorn Hawkers Market - Heart Inspired Events TRIM Ref: D18/63416 Author: Meluka Bancroft, Property Leasing Officer Authoriser: Vanisha Govender, Manager Financial Services Attachments: 1. Submission
in support of Mount Hawthorn Hawkers Market - Heart Inspired Events |
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Recommendation: That Council: 1. APPROVES a licence to Heart Inspired Events (ABN 72 278 655 015) to use Axford Park, Mount Hawthorn to operate the weekly Mount Hawthorn Hawkers Market, on the following key terms: 1.1 Term: 5 October 2018 to 24 April 2020; 1.2 Market Season: Friday 5 October 2018 – Friday 21 December 2018; Friday 1 February 2019 – Friday 26 April 2019; Friday 4 October 2019 – Friday 20 December 2019; and Friday 7 February 2020 – Friday 24 April 2020; 1.3 Permitted Purpose: Hawkers Market; 1.4 Permitted hours of use: 4:00pm – 9:30pm on Fridays during Market Season; 1.5 Market stall hours: 5:00pm – 8:30pm on Fridays during Market Season; 1.6 Licence fee: $242 per market (incl GST), indexed by CPI; 1.7 Insurance: Licensee to effect and maintain public liability insurance; 1.8 Indemnity: Licensee to indemnify the City against any loss/damage/claims relating to the market; 1.9 Cleaning: Licensee to keep market area clean and tidy and remove all items by conclusion of permitted hours of use; 1.10 Bond: Licensee to pay a bond of $1,000; 1.11 Plastics: Licensee will engage with the City to transition to a reduction in the use of ‘single-use plastics’ where possible; and 1.12 Acknowledgement of City: Licensee will acknowledge the support of the City in its advertising material for the Market where possible.
2. AUTHORISES the Mayor and Director Corporate Services to affix the common seal and execute the licence as referred to in 1. above, subject to final satisfactory negotiations being carried out by the Chief Executive Officer. |
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Moved: Cr Topelberg, Seconded: Cr Murphy That the recommendation be adopted. Carried Unanimously “En Bloc” (9-0)
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11.3 Financial Statements as at 31 July 2018 TRIM Ref: D18/119220 Author: Nilesh Makwana, Accounting Officer Authoriser: Kerryn Batten, Director Corporate Services Attachments: 1. Financial
Statements as at 31 July 2018 |
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Recommendation: That Council RECEIVES the financial statements for the month ended 31 July 2018 as shown in Attachment 1. |
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Moved: Cr Topelberg, Seconded: Cr Murphy That the recommendation be adopted. Carried Unanimously “En Bloc” (9-0)
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11.4 Authorisation
of Expenditure for the Period 26 June 2018 to TRIM Ref: D18/108871 Author: Nikki Hirrill, Accounts Payable Officer Authoriser: Vanisha Govender, Manager Financial Services Attachments: 1. Payments
by EFT and BPAY July 18 |
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Recommendation: That Council RECEIVES the list of accounts paid under delegated authority for the period 26 June 2018 to 24 July 2018 as detailed in attachment 1, 2 and 3 as summarised below:
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Moved: Cr Topelberg, Seconded: Cr Murphy That the recommendation be adopted. Carried Unanimously “En Bloc” (9-0)
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11.5 Investment Report as at 31 July 2018 TRIM Ref: D18/115396 Author: Sheryl Teoh, A/Coordinator Financial Services Authoriser: Kerryn Batten, Director Corporate Services Attachments: 1. Investment
Report |
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Recommendation: That Council NOTES the Investment Report for the month ended 31 July 2018 as detailed in Attachment 1.
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Moved: Cr Topelberg, Seconded: Cr Murphy That the recommendation be adopted. Carried Unanimously “En Bloc” (9-0)
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12.1 Turf Wicket Agreement - Tuart Hill Cricket Club Inc. TRIM Ref: D17/129705 Author: Karen Balm, Senior Community Partner Authoriser: Michael Quirk, Director Community Engagement Attachments: Nil |
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Recommendation: That Council; 1. AUTHORISES the Chief Executive Officer to negotiate a three (3) year Turf Wicket Agreement with Tuart Hill Cricket Club Inc. for the management and maintenance of the turf wickets (and surrounds) at Charles Veryard Reserve, North Perth; 2. APPROVES the payment of an annual turf wicket maintenance subsidy to Tuart Hill Cricket Club Inc. for a three (3) year period on the following basis: 2.1 The amount being capped at 10% of total turf wicket expenditure per season; and 2.2 The amount not exceeding the sportsground hire fees payable for that season; 3. APPROVES a write-off of the 2016/17 sportsground hire fees totalling $6,680 (incl. GST) for Tuart Hill Cricket Club Inc. in recognition to their transition towards lease compliance, sportsground hire fees compliance, and a Turf Wicket Agreement; 4. REQUIRES Tuart Hill Cricket Club Inc. to pay all relevant sportsground hire fees at Charles Veryard, North Perth from the 2017/18 summer season onwards; and 5. REQUIRES the Turf Wicket Agreement with Tuart Hill Cricket Club Inc. to include specific targets relating to participation rates amongst juniors, women and local residents.
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Moved: Cr Topelberg, Seconded: Cr Murphy That the recommendation be adopted. Carried Unanimously “En Bloc” (9-0)
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TRIM Ref: D17/177328 Author: Emma Simmons, Governance and Council Support Officer Authoriser: Len Kosova, Chief Executive Officer Attachments: 1. Minutes
of the Design Advisory Committee held on 31 May 2018 2. Minutes
of the Design Advisory Committee held on 6 June 2018 3. Minutes
of the Design Advisory Committee held on 27 June 2018 4. Unconfirmed
Minutes of the Mindarie Regional Council Meeting held on 5 July 2018 5. Monthly
Street Tree Removal Information 6. Statistics
for Development Applications as at end of July 2018 7. Register of Legal Action and Prosecutions Register Monthly - Confidential 8. Register of Orders and Notices Register Quarterly - Confidential - Confidential 9. Register
of State Administrative Tribunal (SAT) Appeals – Progress Report as at
26 July 2018 10. Register
of Applications Referred to the MetroWest Development Assessment Panel
– Current 11. Register
of Applications Referred to the Design Review Panel – Current 12. Register
of Petitions - Progress Report - August 2018 13. Register
of Notices of Motion - Progress Report - August 2018 14. Register
of Reports to be Actioned - Progress Report - August 2018 |
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Recommendation: That Council RECEIVES the Information Bulletin dated August 2018.
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Moved: Cr Topelberg, Seconded: Cr Murphy That the recommendation be adopted. Carried Unanimously “En Bloc” (9-0)
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9.4 No. 498 (Lot: 29; D/P: 2355) Fitzgerald Street, North Perth - Proposed Alterations and Additions to Existing Multiple Dwellings (Removal of Landscaping to include Car Bay) TRIM Ref: D18/100113 Author: Emily Andrews, Urban Planner Authoriser: Luke Gibson, A/Director Development Services Ward: South Attachments: 1. Attachment
1 - Consultation and Location Map 2. Attachment
2 - Previous Minutes and Approved Plans 3. Attachment
3 - Development Plans 4. Attachment
4 - Summary of Submissions 5. Attachment
5 - Applicant Justification and Response to Submissions
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Recommendation: That Council in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme REFUSES the development application for Alterations and Additions to Existing Multiple Dwellings (Removal of Landscaping to Include Car Bay) at No. 498 (Lot 29; D/P 2355) Fitzgerald Street, North Perth for the following reasons: 1. The proposal will not allow for the use of the car parking bay to be contained wholly within the zoned portion of the subject site, in that its use will encroach upon the future Fitzgerald Street Other Regional road reservation and may obstruct pedestrian movement; 2. The proposed amount of hardstand in the front setback area does not meet the Design Principles of Clause 6.3.2 of State Planning Policy No. 3.1 Residential Design Codes or the Local Housing Objectives of Clause 4.10 of the City’s Policy No. 7.1.1 – Built Form as the increase in hardstand does not positively contribute to the streetscape and does not contribute to the appearance and amenity of the development; and 3. The proposed landscaping does not meet the Design Principles of Clause 4.10 of the City’s Built Form Policy as the landscaping has not been designed to reduce the impact of development on adjoining public spaces.
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Moved: Cr Gontaszewski, Seconded: Cr Murphy That the recommendation be adopted.
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Proposed Amendment Moved: Cr Hallett, Seconded: Cr Fotakis That the Recommendation be amended by the addition of a further reason for refusal as follows:
That Council:
4. In the context of the landscaping and visual amenity impacts of the proposal and the existing provision of 14 car bays onsite, the applicant has not satisfactorily demonstrated the need for an additional car parking bay on site.
amendment carried Unanimously (8-1) For: Presiding Member Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden and Cr Murphy Against: Cr Topelberg |
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Council Decision Item 9.4 Moved: Cr Gontaszewski, Seconded: Cr Murphy Recommendation: That Council in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme REFUSES the development application for Alterations and Additions to Existing Multiple Dwellings (Removal of Landscaping to Include Car Bay) at No. 498 (Lot 29; D/P 2355) Fitzgerald Street, North Perth for the following reasons: 1. The proposal will not allow for the use of the car parking bay to be contained wholly within the zoned portion of the subject site, in that its use will encroach upon the future Fitzgerald Street Other Regional road reservation and may obstruct pedestrian movement; 2. The proposed amount of hardstand in the front setback area does not meet the Design Principles of Clause 6.3.2 of State Planning Policy No. 3.1 Residential Design Codes or the Local Housing Objectives of Clause 4.10 of the City’s Policy No. 7.1.1 – Built Form as the increase in hardstand does not positively contribute to the streetscape and does not contribute to the appearance and amenity of the development; and 3. The proposed landscaping does not meet the Design Principles of Clause 4.10 of the City’s Built Form Policy as the landscaping has not been designed to reduce the impact of development on adjoining public spaces. 4. In the context of the landscaping and visual amenity impacts of the proposal and the existing provision of 14 car bays onsite, the applicant has not satisfactorily demonstrated the need for an additional car parking bay on site. carried Unanimously (9-0) For: Presiding Member Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil |
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9.5 No. 266 (Lot: 18; D/P: 583) Lord Street, Perth - Additions (two car stackers) to Existing Motor Vehicle, Boat or Caravan Sales TRIM Ref: D18/100418 Author: Stephanie Norgaard, Urban Planner Authoriser: Luke Gibson, A/Director Development Services Ward: South Attachments: 1. Attachment
1 - Location and Consultation Map 2. Attachment
2 - Development Plans 3. Attachment
3 - Development Application Report 4. Attachment
4 - Summary of Submissions 5. Attachment
5 - Summary of Submissions - Applicant's Response 6. Attachment
6 - Design Review Panel Massing Diagram
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Recommendation: That Council, in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, REFUSES the application for an Additions (Two Car Stackers) to Existing Motor Vehicle, Boat or Caravan Sales at No. 266 (Lot: 18; D/P: 583) Lord Street, Perth, in accordance with the plans provided in Attachment 2, for the following reasons: 1. The proposed height does not meet the Design Principles of Policy No. 7.1.1 – Built Form as the building has not been designed to minimise amenity impacts on the adjoining properties and does not positively contribute to the neighbourhood context of the locality; 2. The proposed lot boundary setbacks do not meet the Design Principles of Policy No. 7.1.1 – Built Form as the building mass and form has not been designed to reduce the impact of building bulk on the adjoining properties and the proposed setbacks do not facilitate the provision of landscaping; 3. The proposed landscaping does not meet the Design Principles of Policy No. 7.1.1 – Built Form as the landscaping has not been designed to increase landscaping amenity for occupants and the community; and 4. Having due consideration of subclauses 67(m) and (n) of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015, the proposed development is not considered compatible with its setting due to the likely effect of the height, bulk, scale and appearance of the development on the character of the locality. 5. The applicant has not satisfactorily demonstrated the acceptability of the proposal with regards to noise impacts.
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Moved: Cr Topelberg, Seconded: Cr Loden That the recommendation be adopted. carried Unanimously (9-0) For: Presiding Member Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil |
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9.6 No. 559 (Lot: 4; D/P: 1477) Beaufort Street, Mount Lawley - Change of Use from Shop to Small Bar TRIM Ref: D18/93286 Author: Joslin Colli, Coordinator Planning Services Authoriser: Luke Gibson, A/Director Development Services Ward: South Attachments: 1. Attachment
1 - Consultation and Location Map 2. Attachment
2 - Development Application Plans 3. Attachment
3 - Summary of Submissions and Administration Response 4. Attachment
4 - Summary of Submissions and Applicants Response 5. Attachment
5 - Parking Management Plan & Supporting Justification 6. Attachment
6 - Management Plan (Revised) 7. Attachment
7 - Applicant's Submission and Technical Documents
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Recommendation: That the Council in accordance with the provisions of the City of Vincent’s Local Planning Scheme No. 2 and the Metropolitan Region Scheme, REFUSES the application for a change of use from Shop to Small Bar at No. 559 (Lot: 4; D/P: 1477) Beaufort Street, Mount Lawley, for the following reason: 1. The proposal does not comply with the car parking requirements of the City’s Policy No. 7.7.1 – Non-Residential Development Parking Requirements, and the proposed variation is not considered to meet the objectives of the Policy as appropriate parking will not be provided to meet the needs of users.
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Moved: Cr Gontaszewski, Seconded: Cr Hallett That the recommendation be adopted. At 6:31 pm, Cr Joshua Topelberg left the meeting lost (0-8) For: Nil Against: Presiding Member Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg (Cr Topelberg was absent from the Council Chamber and did not vote.) |
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Council Decision Item 9.6 alternative motion Moved: Cr Gontaszewski, Seconded: Cr Harley That Council in accordance with the provisions of the City of Vincent’s Local Planning Scheme No. 2, the Metropolitan Region Scheme and Clause 1.2 of Policy 7.7.1 – Non-Residential Development Parking Requirements, APPROVES the application for a change of use from Shop to Small Bar at No. 559 (Lot: 4; D/P: 1477) Beaufort Street, Mount Lawley, subject to the following conditions: 1. Use of Premises 1.1 This approval is for ‘Small Bar’ as defined by the City’s Local Planning Scheme No.2 as shown on the approved plans dated 15 August 2018; 1.2 The Small Bar shall accommodate a maximum of 100 people at any given time; 1.3 The hours of operation for the proposed bar are limited to: · Tuesday to Saturday and Sundays prior to public holidays: 10:00am to midnight; and · Ordinary Sundays and Public Holidays: 10:00am to 10:00pm;
2. External Fixtures All external fixtures and building plant, including air conditioning units, piping, ducting and water tanks, shall be located so as to minimise any visual and noise impact on surrounding landowners, and be screened from view from the street, and surrounding properties to the satisfaction of the City; 3. Acoustic report All of the recommended measures included in the approved Acoustic Report (Herring Storer Acoustics, March 2018) shall be implemented as part of the development, to the satisfaction of the City prior to the use or occupation of the development and maintained thereafter to the satisfaction of the City at the expense of the owners/occupiers;
4. Management Plan 4.1. An updated Management Plan in accordance with the City’s Policy No. 7.5.7 - Licenced Premises shall be submitted to, and approved by the City prior to the development commencing. The updated Management Plan shall address the following matters and shall be in accordance with all conditions of this approval: · Any recommendations detailed in the Acoustic Report (as per Condition 5 above); · Floor plans of the premises; · The maximum number of patrons; · Hours of operation; · Noise Management Plan; · Patron and anti-social behaviour; · Entertainment and Music; and · Time and frequency of waste collection and deliveries at the premises;
4.2 Use of the premises shall be carried out in accordance with the approved Management Plan or any Plan approved by the City thereafter and all requirements of the Management Plan shall be implemented to the satisfaction of the City; and
4.3 The Management Plan shall be reviewed every 12 months, with any changes identified during this review or by the City, being incorporated into an updated Management Plan approved by the City as part of the review; 5. Cash-in-Lieu A cash-in-lieu contribution shall be paid to the City for the shortfall of 8 car bays, based on the cost of $5,400 per bay as set out in the City’s 2017/2018 Schedule of Fees and Charges being a contribution of $43,200 prior to the commencement of development or by entering into a written agreement to the City to pay the cash-in-lieu over an agreed period up to five years. 6. Parking 6.1 An updated Parking Management Plan in accordance with the City’s Policy No. 7.7.1 – Non-Residential Development Parking Requirements shall be submitted to, and approved by the City prior to the development commencing. The updated Parking Management Plan shall address the provision of on-site and off-site bicycle parking, as provided for by the approved plans. 6.2 Prior to occupancy or use of the development a minimum of two additional Class 3 bicycle parking facilities shall be provided in the Beaufort Street verge, in a location to the City’s satisfaction. The bicycle facilities shall be designed in accordance with AS2890.3 and all works shall be undertaken to the City’s specification and satisfaction. ADVICE NOTES: 1. The development approval is for a Change of Use to ‘Small Bar ’, which is defined under the City’s Local Planning Scheme No. 2 as: “Small Bar means premises the subject of a small bar license granted under the Liquor Control Act 1988”
2. With reference to Conditions 1.2 any increase in the maximum occupancy will require further development approval;
3. With reference to Condition 1.3, trading hours for New Year’s Eve on a Sunday, New Year’s Day, Good Friday, Christmas Day and ANZAC Day shall be in accordance with the provisions of the Liquor Control Act 1988; 4. With reference to Condition 5:
4.1 The cash-in-lieu amount may be reduced if additional car bays are provided onsite or in conjunction with any other arrangement acceptable to the City; 4.2 Alternatively the lodgement of an appropriate assurance bond/bank guarantee of the above value to the satisfaction of the City can be undertaken. This assurance bond/bank guarantee will only be released in the following circumstances: 4.2.1 To the City at the date of issue of the Building Permit for the development, or first occupation of the development, whichever occurs first; or
4.2.2 To the owner/applicant following receipt by the City of a Statutory Declaration of the prescribed form endorsed by the owner/applicant and stating that they will not proceed with the subject ‘Approval to Commence Development’; or
4.2.3 To the owner/applicant where the subject ‘Approval to Commence Development’ did not commence and subsequently expired; and
4.3 The applicant may request the City to approve a payment plan up to five years;
5. Any new signage that does not comply with the City’s Policy No. 7.5.2 - Signs and Advertising shall be subject to a separate Development Application and all signage shall be subject to a Building Permit application, being submitted and approved prior to the erection of the signage;
6. If the development the subject of this approval is not substantially commenced within a period of 2 years, or another period specified in the approval after the date of determination, the approval will lapse and be of no further effect;’
7. Where an approval has so lapsed, no development must be carried out without the further approval of the local government having first been sought and obtained; and
8. If an applicant or owner is aggrieved by this determination there is a right of review by the State Administrative Tribunal in accordance with the Planning and Development Act 2005 Part 14. An application must be made within 28 days of the determination.
alternative motion carried Unanimously (8-0) For: Presiding Member Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil (Cr Topelberg was absent from the Council Chamber and did not vote.) |
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REASON:
Council was satisfied with the parking variation on the basis of the nature and location of the proposed use, subject to the payment of cash-in-lieu of parking for the 8 bay shortfall.
At 6:46 pm, Cr Joshua Topelberg returned to the meeting. |
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9.7 No. 209 (Lot: 213; D/P: 33158) Vincent Street, West Perth - S.31 Reconsideration - Proposed Four grouped dwellings TRIM Ref: D18/83728 Author: Emily Andrews, Urban Planner Authoriser: Luke Gibson, A/Director Development Services Ward: South Attachments: 1. Attachment
1 - Consultation and Location Map 2. Attachment
2 - 4 April 2018 Council Meeting Minutes and refused Development Plans 3. Attachment
3 - Current (amended) Development Plans 4. Attachment
4 - Summary of Submissions 5. Attachment
5 - Applicant Justification 6. Attachment
6 - Determination Advice Notes
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Recommendation: That the Council, in accordance with Section 31 of the State Administrative Tribunal Act 2004, the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme SETS ASIDE its decision of 4 April 2018 and APPROVES the application for Four Grouped Dwellings at No. 209 (Lot: 213, D/P: 33158) Vincent Street, West Perth in accordance with the plans shown in Attachment 3 , subject to the following conditions, with the associated determination advice notes in Attachment 6: 1. Boundary Walls The owners of the subject land shall finish and maintain the surface of the boundary (parapet) wall in a good and clean condition prior to occupation or use of the development. The finish of the walls are to be fully rendered or face brickwork to the satisfaction of the City; 2. External Fixtures All external fixtures and building plant, including air conditioning units, piping, ducting and water tanks, shall be located so as to minimise any visual and noise impact on surrounding landowners, and shall be screened from view from the street, and surrounding properties to the satisfaction of the City; 3. Stormwater All stormwater produced on the subject land shall be retained on site, by suitable means to the full satisfaction of the City; 4. Clothes Drying Facilities All external clothes drying areas shall be adequately screened in accordance with State Planning Policy 3.1: Residential Design Codes prior to the use or occupation of the development and shall be completed to the satisfaction of the City; 5. Car Parking and Access 5.1 The car parking and access areas shall be sealed, drained, paved and line marked in accordance with the approved plans and are to comply with the requirements of AS2890.1 prior to the occupation or use of the development; 5.2 Vehicle and pedestrian access points are required to match into existing footpath levels; and
5.3 All new crossovers shall be constructed in accordance with the City’s Standard Crossover Specifications; 6. Right of Way Widening 6.1 A 1.0 metre right of way setback area shall be maintained free of any buildings and structures for the length of the property that adjoins the right of way at all times to enable future right of way widening; and 6.2 The 1.0 metre right of way setback area shall be sealed drained and graded to match into the level of the existing Right of Way; 7. Acoustic Report An Acoustic Report in accordance with State Planning Policy 5.4 - Road and Rail Transport Noise and Freight Considerations in Land Use Planning is to form part of the application for a Building Permit and shall be approved by the City prior to commencement of the development. All recommended measures in the report shall be undertaken to the City’s satisfaction, prior to the occupation or use of the development and maintained thereafter to the satisfaction of the City at the expense of the owners/occupiers; 8. Landscaping 8.1 A detailed landscape and reticulation plan for the development site and adjoining road verge to the City’s satisfaction is be lodged with and approved by the City prior to commencement of the development. The plan shall be drawn to a scale of 1:100 and show the following: 8.1.1 The location and type of existing and proposed trees and plants; 8.1.2 Areas to be irrigated or reticulated; and 8.1.3 The provision of 15.4 percent Deep Soil Zone and at least 30 percent Canopy Coverage, as defined by the City’s Policy No. 7.1.1 – Built Form; and 8.2 All works shown in the plans as identified in Condition 8.1 above shall be undertaken in accordance with the approved plans to the City’s satisfaction, prior to occupancy or use of the development and maintained thereafter to the satisfaction of the City at the expense of the owners/occupiers; 9. Schedule of External Finishes Prior to commencement of development a detailed schedule of external finishes (including materials and colour schemes and details) shall be submitted to and approved by the City. The development shall be finished in accordance with the approved schedule prior to the use or occupation of the development; and 10. General Conditions that have a time limitation for compliance, and the condition is not met in the required time frame, the obligation to comply with the requirements of the condition continues whilst the approved development exists. |
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Moved: Cr Topelberg, Seconded: Cr Gontaszewski That the recommendation be adopted. carried Unanimously (9-0) For: Presiding Member Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil |
14 Motions of Which Previous Notice Has Been Given
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TRIM Ref: D18/100019 Author: Fiona Atkins, Urban Planner Authoriser: Luke Gibson, A/Director Development Services Ward: North Attachments: 1. Attachment
1 - Consultation and Location Map 2. Attachment
2 - Summary of Application 3. Attachment
3 - Parking Management Plan 4. Attachment
4 - Summary of Submissions - Officer Comments 5. Attachment
5 - Determination Advice Notes
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Recommendation: That Council, in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, APPROVES the application for the proposed Change of Use from Office/Retail to Educational Establishment at No. 148-158 (Lot: 600; D/P: 47025) Scarborough Beach Road, Mount Hawthorn, in accordance with plans provided in Attachment 2, subject to the following conditions, with the associated determination advice notes in Attachment 6: 1. Use of Premises 1.1 The area shown as ‘Educational Establishment’ on the approved plans shall be used in accordance with the definition of ‘Educational Establishment’ as defined by the City’s Local Planning Scheme No. 2; 1.2 The maximum number of persons attending the Educational Establishment at any one time shall be limited to 31 persons; and 1.3 The hours of operation for the Educational Establishment shall be limited to the operating hours of The Mezz Shopping Centre. 2. Car Parking and Access The Parking Management Plan approved as part of this application shall be implemented to the satisfaction of the City prior to the use or occupation of the development; 3. Signage Any new signage that does not comply with the City’s Policy No. 7.5.2 – Signs and Advertising shall be subject to a separate Planning Application and all signage shall be subject to a Building Permit application, being submitted and approved prior to the erection of the signage; and 4. General Conditions that have a time limitation for compliance, and the condition is not met in the required time frame, the obligation to comply with the requirements of the condition continues whilst the approved development exists. |
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At 6:57 pm, Cr Jimmy Murphy left the meeting.
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Moved: Cr Castle, Seconded: Cr Gontaszewski That the recommendation be adopted. carried Unanimously (8-0) For: Presiding Member Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil (Cr Murphy was absent from the Council Chamber and did not vote.) At 7:01 pm, Cr Jimmy Murphy returned to the meeting. |
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9.2 No. 1/226 (Lot: 1; D/P: 956) Oxford Street, Leederville Change of Use from Shop to Restaurant/Cafe (Unauthorised Existing Use) TRIM Ref: D18/105583 Author: Clair Morrison, Urban Planner Authoriser: Luke Gibson, A/Director Development Services Ward: South Attachments: 1. Attachment
1 - Consultation and Location Plan 2. Attachment
2 - Development Plans and Written Submission 3. Attachment
3 - Parking Management Plan 4. Attachment
4 - Determination Advice Notes
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Recommendation: That Council, in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, APPROVES the application for development approval for a Change of Use from Shop to Restaurant/Café at Unit 1/226 (Lot: 1; D/P: 956) Oxford Street, Leederville, in accordance with the plans shown as Attachment 2, subject to the following conditions, with the associated determination advice notes in Attachment 4: 1. Use of Premises 1.1 This approval only relates to the Change of Use from Shop to Restaurant/Café as shown on the plans dated 10 July 2018. It does not relate to any other development on the site; 1.2 The use of the premises shall conform with the City of Vincent’s Local Planning Scheme No. 2 definition of Restaurant/Café which states: “means premises primarily used for the preparation, sale and service of food and drinks for consumption on the premises by customers for whom seating is provided, including premises that are licensed under the Liquor Control Act 1988”; 1.3 The hours of operation for the ‘Restaurant/café’ shall be limited to the following times: · 11:00am to 9:00pm Tuesday to Thursday; · 11:00am to 10:00pm Friday to Saturday; · 11:00am to 9:00pm Sunday; · Closed Anzac Day; 1.4 The maximum number of patrons for the Restaurant/café (inclusive of any alfresco dining areas) shall be 25; 2. Active Frontage The development shall maintain an active and interactive relationship and uninterrupted views between the ‘restaurant/café’ and Oxford Street during the hours of the development’s operation to the satisfaction of the City. Darkened, obscured, mirror or tinted glass or the like is prohibited. Curtains, blinds or other internal or external treatments that obscure the view of these areas from Oxford Street are not permitted to be used during the hours of the developments operations; 3. Bicycle Facilities A cash-in-lieu contribution of $800 shall be paid to the City for the shortfall of three bicycle bays, in the form of two Class 3 bicycle parking facilities, based on the cost of $400 per Class 3 bicycle parking facility, within 60 days of Council’s approval; and 4. General Conditions that have a time limitation for compliance, and the condition is not met in the required time frame, the obligation to comply with the requirements of the condition continues whilst the approved development exists. |
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Moved: Cr Topelberg, Seconded: Cr Castle That the recommendation be adopted.
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Moved: Cr Topelberg, Seconded: Cr Castle That the following words be added to the end of the introductory paragraph of the Recommendation, after the words “in Attachment 4” “, subject to the inclusion of an additional advice note 5 stating “In relation to condition 1.4, the applicant has accepted the maximum number of patrons as proposed on the basis that the City has not required the payment of cash in lieu of car parking for the proposed 5 bay shortfall.”” amendment carried (8-1) For: Presiding Member Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Loden, Cr Murphy and Cr Topelberg Against: Cr Harley |
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Moved: Cr Topelberg, Seconded: Cr Castle That Council, in accordance with the provisions of the City of Vincent Local Planning Scheme No. 2 and the Metropolitan Region Scheme, APPROVES the application for development approval for a Change of Use from Shop to Restaurant/Café at Unit 1/226 (Lot: 1; D/P: 956) Oxford Street, Leederville, in accordance with the plans shown as Attachment 2, subject to the following conditions, with the associated determination advice notes in Attachment 4, subject to the inclusion of an additional advice note 5 stating “In relation to condition 1.4, the applicant has accepted the maximum number of patrons as proposed on the basis that the City has not required the payment of cash in lieu of car parking for the proposed 5 bay shortfall.”
1. Use of Premises 1.1 This approval only relates to the Change of Use from Shop to Restaurant/Café as shown on the plans dated 10 July 2018. It does not relate to any other development on the site; 1.2 The use of the premises shall conform with the City of Vincent’s Local Planning Scheme No. 2 definition of Restaurant/Café which states: “means premises primarily used for the preparation, sale and service of food and drinks for consumption on the premises by customers for whom seating is provided, including premises that are licensed under the Liquor Control Act 1988”; 1.3 The hours of operation for the ‘Restaurant/café’ shall be limited to the following times: · 11:00am to 9:00pm Tuesday to Thursday; · 11:00am to 10:00pm Friday to Saturday; · 11:00am to 9:00pm Sunday; · Closed Anzac Day; 1.4 The maximum number of patrons for the Restaurant/café (inclusive of any alfresco dining areas) shall be 25; 2. Active Frontage The development shall maintain an active and interactive relationship and uninterrupted views between the ‘restaurant/café’ and Oxford Street during the hours of the development’s operation to the satisfaction of the City. Darkened, obscured, mirror or tinted glass or the like is prohibited. Curtains, blinds or other internal or external treatments that obscure the view of these areas from Oxford Street are not permitted to be used during the hours of the developments operations; 3. Bicycle Facilities A cash-in-lieu contribution of $800 shall be paid to the City for the shortfall of three bicycle bays, in the form of two Class 3 bicycle parking facilities, based on the cost of $400 per Class 3 bicycle parking facility, within 60 days of Council’s approval; and 4. General Conditions that have a time limitation for compliance, and the condition is not met in the required time frame, the obligation to comply with the requirements of the condition continues whilst the approved development exists. Carried Unanimously (9-0) For: Presiding Member Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil |
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9.8 LATE REPORT: Amendment 1 to Local Planning Policy No. 7.1.1 - Built Form |
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This Item was withdrawn by the Chief Executive Officer prior to the Council Meeting. |
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10.1 Tender No. 550/18 - Pruning of Street Trees using Elevated Work Platforms TRIM Ref: D18/74625 Author: Jeremy van den Bok, Manager Parks Authoriser: Andrew Murphy, Director Engineering Attachments: 1. Pricing Schedule and Evaluation - Confidential |
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Recommendation: That Council ACCEPTS Tender No. 550/18 from Tree Amigos Tree Surgeons Pty Ltd for the Pruning of Street Trees using Elevated Work Platforms as per the pricing schedule (Confidential Attachment 1) in the tender submission and general conditions of tendering.
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Moved: Cr Loden, Seconded: Cr Gontaszewski That the recommendation be adopted. carried Unanimously (9-0) For: Presiding Member Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil
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10.2 Axford Park Upgrade - Concept Design & Implementation of Quick Win Works Items TRIM Ref: D18/110206 Authors: Georgia Lawrence, Place Manager Jeremy van den Bok, Manager Parks & Urban Green Authoriser: Andrew Murphy, Director Engineering Attachments: 1. Attachment
1 - Background Analysis & Summary of Engagement Report 2. Attachment
2 - Design Objectives - Axford Park Upgrade 3. Attachment
3 - Phase 2 (Quick Win) Works Items - Axford Park Upgrade 4. Attachment
4 - Concept Design - Axford Park Upgrade 5. Attachment
5 - Construction Estimate - Axford Park Upgrade |
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Recommendation: That Council: 1. APROVES the implementation of the Axford Park Upgrade Phase 2 Works Items outlined in Attachment 3; 2. ADOPTS the Axford Park Upgrade Concept Design included as Attachment 4 to guide future development of and investment in Axford Park; 3. NOTES the Construction Estimate associated with Axford Park Upgrade Concept Design included as Attachment 5; and 4. NOTES that: 4.1 Administration will undertake the following notification of Council’s decision: 4.1.1 Notification in writing to Mount Hawthorn Sub-branch of the Returned Services League (WA), Mount Hawthorn Hub, Transition Town Vincent, Scouts WA, Mt Hawthorn Baptist Church, Pisconeri Fine Foods & Wine, the operator of Mount Hawthorn Hawkers Market and all residents, landowners and businesses within 500 metres of Axford Park; and 4.1.2 Notification on the City’s website and social media pages to the broader City of Vincent community.
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Moved: Cr Castle, Seconded: Cr Hallett That the recommendation be adopted. carried Unanimously (9-0) For: Presiding Member Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil |
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10.3 LATE REPORT: Revised Engineering Policies Relating to Verge Treatments and Street Trees TRIM Ref: D18/106249 Author: Jeremy van den Bok, Manager Parks & Urban Green Authoriser: Andrew Murphy, Director Engineering Attachments: 1. Survey
Report - Verge Policy Consultation 2. Street
Trees Policy No. 2.1.2 3. Verge
Treatments, Plantings and Beautification Policy No. 2.2.4 |
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Recommendation: That Council: 1. NOTES the results and comments received during the public comment period, regarding the revision of Policies 2.1.2 - Street Trees and 2.2.4 - Verge Treatments, Plantings and Beautification, as shown in Attachment 1; 2. ADOPTS the revised Policies 2.1.2 - Street Trees and 2.2.4 - Verge Treatments, Plantings and Beautification with the minor amendments, as shown in Attachments 2 and 3; and 3. ADVISES submitters of its decision.
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Moved: Cr Topelberg, Seconded: Cr Gontaszewski That the recommendation be adopted.
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Moved: Cr Topelberg, Seconded: Cr Gontaszewski That Recommendation 2 be amended to read as follows:
2.
ADOPTS the revised Policies 2.1.2 – Street Trees and 2.2.4 –
Verge Treatments, Plantings and Beautification with minor amendments, as
shown in Attachments 2 and 3
2.1 Item 9.3(vii) of the Guidelines attached to Policy No. 2.1.2 (appearing on page 13 of 13 of the Policy) being deleted and replaced with the following text –
“The City may prepare further, more specific guidance for residents on street tree attachments related to the requirements of clause 9 of this Policy or the standards outlined in clause 9.1 above.”;
2.2 Item 1.4.5 of the Guidelines attached to Policy No. 2.2.4 (appearing on page 8 of 18) being deleted and replaced with the following text –
“The City may prepare further, more specific guidance for residents on verge treatments and landscaping features related to the requirements and standards outlined in clause 1.4 of these guidelines.”; and amendment 1 carried Unanimously (9-0) For: Presiding Member Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil |
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Moved: Cr Loden, Seconded: Cr Castle That Recommendation 2 be further amended to add the following changes:
2.3 The final dot point in Item 1.4.3 of the Guidelines attached to Policy No 2.2.4 (appearing on page 7 of 18) being deleted and replaced with the following text –
“● any other item (not listed above) may be considered at the discretion of the Director Engineering in accordance with this Policy.”;
2.4 Clause 9 (i)(e) of Policy No 2.1.2 (appearing on page 5 of 13) being deleted and replaced with the following text –
“any other item (not listed above) may be considered at the discretion of the Director Engineering in accordance with this Policy.” ;
amendment 2 carried Unanimously (9-0) For: Presiding Member Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Loden, Cr Murphy, Cr Topelberg and Cr Harley Against: Nil |
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Moved: Cr Gontaszewski, Seconded: Cr Castle That Recommendation 2 be further amended to add the following change:
2.5 In Item 9.1 (v) of the Guidelines attached to Policy No 2.1.2 (appearing on page 13 of 13) deleting the words “and rope ladders”
amendment 3 carried Unanimously (9-0) For: Presiding Member Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil |
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Council Decision Item 10.3 Moved: Cr Topelberg, Seconded: Cr Gontaszewski That Council: 1. NOTES the results and comments received during the public comment period, regarding the revision of Policies 2.1.2 - Street Trees and 2.2.4 - Verge Treatments, Plantings and Beautification, as shown in Attachment 1; 2. ADOPTS the revised Policies 2.1.2 – Street Trees and 2.2.4 – Verge Treatments, Plantings and Beautification with minor amendments, as shown in Attachments 2 and 3 subject to the following changes also being made:
2.1 Item 9.3(vii) of the Guidelines attached to Policy No. 2.1.2 (appearing on page 13 of 13 of the Policy) being deleted and replaced with the following text –
“The City may prepare further, more specific guidance for residents on street tree attachments related to the requirements of clause 9 of this Policy or the standards outlined in clause 9.1 above.”; 2.2 Item 1.4.5 of the Guidelines attached to Policy No. 2.2.4 (appearing on page 8 of 18) being deleted and replaced with the following text –
“The City may prepare further, more specific guidance for residents on verge treatments and landscaping features related to the requirements and standards outlined in clause 1.4 of these guidelines.”;
2.3 The final dot point in Item 1.4.3 of the Guidelines attached to Policy No 2.2.4 (appearing on page 7 of 18) being deleted and replaced with the following text –
“● any other item (not listed above) may be considered at the discretion of the Director Engineering in accordance with this Policy.”;
2.4 Clause 9 (i)(e) of Policy No 2.1.2 (appearing on page 5 of 13) being deleted and replaced with the following text –
“any other item (not listed above) may be considered at the discretion of the Director Engineering in accordance with this Policy.” ;
2.5 In Item 9.1 (v) of the Guidelines attached to Policy No 2.1.2 (appearing on page 13 of 13) deleting the words “and rope ladders”
3. ADVISES submitters of its decision. carried Unanimously (9-0) For: Presiding Member Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil |
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11.2 Report from Audit Committee meeting of 17 July 2018 TRIM Ref: D18/107965 Author: Tim Evans, Manager Governance and Risk Authoriser: Vanisha Govender, Manager Financial Services Attachments: 1. Audit
Committee Minutes - 17 July 2018 2. Audit
Committee Terms of Reference - for adoption 3. Audit
Committee Terms of Reference - with tracked changes |
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Recommendation: That Council: 1. RECEIVES this report from the Audit Committee meeting of 17 July 2018 and the minutes of that meeting as Attachment 1; 2. ADOPTS the revised Terms of Reference for the Audit Committee included as Attachment 2.
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Moved: Cr Loden, Seconded: Cr Topelberg That the recommendation be adopted. carried Unanimously (9-0) For: Presiding Member Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil |
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12.2 City of Vincent Art Development Action Plan 2018–2020 TRIM Ref: D18/101077 Author: Rosslind Ellis, Manager Marketing and Communications Authoriser: Michael Quirk, Director Community Engagement Attachments: 1. Art
Priorities 2017/2018 2. Imagine
Vincent - Arts Related Community Consultation Data |
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Recommendation: That Council; 1. ADOPTS the City of Vincent Art Development Action Plan 2018 – 2020; and 2. NOTES that the City of Vincent Art Development Action Plan 2018 – 2020 provides the basis for specific consultation with arts sector that will directly inform the development of the longer term Arts Strategy.
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Moved: Cr Murphy, Seconded: Cr Fotakis That the recommendation be adopted. carried Unanimously (9-0) For: Presiding Member Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil |
15 Questions by Members of Which Due Notice Has Been Given (Without Discussion)
Nil
16 Representation on Committees and Public Bodies
Nil
Nil
18 Confidential Items/Matters For Which the Meeting May be Closed
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Moved: Cr Loden, Seconded: Cr Fotakis Pursuant to Section 5.23(2) of the Local Government Act 1995 and clause 2.14 of the City of Vincent Local Law Relating to Standing Orders, proceeds “behind closed doors” at the conclusion of the items, to consider the confidential reports. carried Unanimously (9-0) For: Presiding Member Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil |
At 8.03pm the meeting went behind closed doors and live streaming was stopped.
PRESENT: Mayor Emma Cole Presiding Member
Cr Susan Gontaszewski (Deputy Mayor) South Ward
Cr Alex Castle North Ward
Cr Joanne Fotakis North Ward
Cr Jonathan Hallett South Ward
Cr Roslyn Harley North Ward
Cr Dan Loden North Ward
Cr Jimmy Murphy South Ward
Cr Joshua Topelberg South Ward
IN ATTENDANCE: Len Kosova Chief Executive Officer
Luke Gibson A/Director Development Services
Andrew Murphy Director Engineering
Kerryn Batten Director Corporate Services
Michael Quirk Director Community Engagement
Natasha Brooks Governance & Council Support Officer
Emma Simmons Governance & Council Support Officer
No members of the press or public were present.
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18.1 Agreement to Undertake the Care, Control and Management of the Rosemount Hotel Car Park - 459 Fitzgerald Street, North Perth TRIM Ref: D18/110298 Author: Michael Quirk, Director Community Engagement Authoriser: Michael Quirk, Director Community Engagement Attachments: 1. Notice of Determination on Application for Development Approval - Change of Use from Hotel to Car Park 2. Conceptual Layout Plan - Rosemount Hotel/View Street Car Parks |
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Moved: Cr Loden, Seconded: Cr Topelberg 1. DETERMINES pursuant to Clause 1.5(4) of the City of Vincent Parking and Parking Facilities Local Law that the car park located at 459 Fitzgerald Street, North Perth (Rosemount Hotel Car Park) be under the care, control and management of the City;
2. AUTHORISES the Chief Executive Officer to finalise negotiations and approve the Agreement between the City of Vincent and FJM Property Pty Ltd for the care, control and management of the Rosemount Hotel Car Park subject to the following;
2.1 The distribution of revenue being 75/25 in favour of FJM Property Pty Ltd;
2.2 Inclusion of the first hour free provision throughout the Rosemount Hotel Car Park;
2.3 Revenue from infringements and any other penalties issued at the Rosemount Hotel Car Park to be retained exclusively by the City;
2.4 Specified costs including the installation of maintenance of ticket issuing machines, installation and maintenance of signage, maintenance and repair of line marking, and maintenance and repair of the Car Park surface will be split 50/50 between the City and FJM Property Pty Ltd; and
2.5 FJM Property Pty Ltd reserving the right to allow all or part of the Rosemount Hotel Car Park area to be used for markets or other similar events on Sunday mornings subject to all necessary approvals being received and giving the City not less than seven days’ notice;
3. APPROVES BY ABSOLUTE MAJORITY for the Rosemount Hotel Car Park pursuant to section 6.16(3)(b) of the Local Government Act 1995 to amend the City’s 2018/19 Fees and Charges Schedule to include a parking fee of $2.80 per hour between 7am and midnight, maximum fee of $14.60 per day, and first hour free;
4. ADVERTISES the proposed fees for the Rosemount Hotel Car Park at 459 Fitzgerald Street, North Perth to be included in the City’s 2018/19 Fees and Charges Schedule pursuant to section 6.19 of the Local Government Act 1995; and
5. NOTES that funding has been allocated in the 2018/19 budget to connect Rosemount Hotel Car Park and View Street Car Park in order to establish a consolidated public parking station within the North Perth Town Centre. carried by Absolute Majority (9-0) For: Presiding Member Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil
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Moved: Cr Murphy, Seconded: Cr Harley That the Council resume an “open meeting”. carried Unanimously (9-0) For: Presiding Member Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg Against: Nil
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19 Closure
There being no further business, the Presiding Member, Mayor Emma Cole, declared the meeting closed at 8.14pm with the following persons present:
PRESENT: Mayor Emma Cole Presiding Member
Cr Susan Gontaszewski (Deputy Mayor) South Ward
Cr Alex Castle North Ward
Cr Joanne Fotakis North Ward
Cr Jonathan Hallett South Ward
Cr Roslyn Harley North Ward
Cr Dan Loden North Ward
Cr Jimmy Murphy South Ward
Cr Joshua Topelberg South Ward
IN ATTENDANCE: Len Kosova Chief Executive Officer
Luke Gibson A/Director Development Services
Andrew Murphy Director Engineering
Kerryn Batten Director Corporate Services
Michael Quirk Director Community Engagement
Natasha Brooks Governance & Council Support Officer
Emma Simmons Governance & Council Support Officer
No members of the press or public were present.
These Minutes were confirmed by the Council as a true and accurate record of the Ordinary Meeting of the Council held on 21 August 2018.
Signed: ............................................................................ Mayor Emma Cole
Dated this ………………………………… day of …………………………………………………2018
