Minutes of Ordinary Council Meeting

special Council Meeting Minutes 3 December 2018

MINUTES OF Confidential Council Meeting
HELD AT THE Administration and Civic Centre
244 Vincent Street, Leederville
ON Monday, 3 December 2018 AT 8.00am (Special)

PRESENT: Mayor Emma Cole Presiding Member

Cr Susan Gontaszewski South Ward

Cr Alex Castle North Ward

Cr Jonathan Hallett South Ward

Cr Joshua Topelberg South Ward

IN ATTENDANCE: David MacLennan Chief Executive Officer

Kerryn Batten Director Corporate Services

Luke Gibson A/Director Development Services

Andrew Murphy Director Engineering

Meluka Bancroft A/Manager Governance & Risk

Anita Radici Executive Secretary Development Services Joslin Colli Coordinator Planning Services

Public: Mark Gregory Castledine Gregory Law & Mediation

1 Declaration of Opening / Acknowledgement of Country

The Presiding Member, Mayor Emma Cole declared the meeting open at 8.05am 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

Cr Joanne Fotakis - Apology

Cr Roslyn Harley - Apology

Cr Dan Loden - Apology

Cr Jimmy Murphy – Approved leave of absence

3 Public Question Time and Receiving of Public Statements

Nil

4 Declarations of Interest

Nil

Council Decision

Moved: Cr Topelberg, Seconded: Cr Castle

Pursuant to Section 5.23(2)(d) of the Local Government Act 1995 and clause 2.14 of the City of Vincent Meeting Procedures Local Law, the Council proceeds “behind closed doors” to consider the confidential report.

Carried Unanimously (5-0)

For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Hallett and Cr Topelberg

Against: Nil

(Cr Fotakis was an apology for the Meeting.)

(Cr Harley was an apology for the Meeting.)

(Cr Loden was an apology for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

At 8.06pm the meeting was closed to the public. There was one member of the public in attendance as detailed below . No other members of the public or media were present.

PRESENT: Mayor Emma Cole Presiding Member

Cr Susan Gontaszewski South Ward

Cr Alex Castle North Ward

Cr Jonathan Hallett South Ward

Cr Joshua Topelberg South Ward

IN ATTENDANCE: David MacLennan Chief Executive Officer

Kerryn Batten Director Corporate Services

Luke Gibson A/Director Development Services

Andrew Murphy Director Engineering

Meluka Bancroft A/Manager Governance & Risk

Anita Radici Executive Secretary Development Services Joslin Colli Coordinator Planning Services

Public: Mark Gregory Castledine Gregory Law & Mediation

Council Decision

Moved: Cr Topelberg, Seconded: Cr Castle

That the Meeting Procedures Local Law be suspended

Carried Unanimously (5-0)

For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Hallett and Cr Topelberg

Against: Nil

(Cr Fotakis was an apology for the Meeting.)

(Cr Harley was an apology for the Meeting.)

(Cr Loden was an apology for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

Council Decision

Moved: Cr Hallett, Seconded: Cr Topelberg

That Council resume the Meeting Procedures Local Law.

Carried Unanimously (5-0)

For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Hallett and Cr Topelberg

Against: Nil

(Cr Fotakis was an apology for the Meeting.)

(Cr Harley was an apology for the Meeting.)

(Cr Loden was an apology for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

5 Confidential Items/Matters for which The Meeting May Be closed

5.1 Nos. 1-16/17 (Lots: 1-16; STR: 598813) Harwood Place, West Perth - S.31 Reconsideration of Conditions - Change of Use from Multiple Dwellings to Serviced Apartments

TRIM Ref: D18/185382

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 - Minutes of Council's 14 November 2017 Meeting and Development Approval granted by Council on 3 May 2016

3. Attachment 3 - Applicant's Submission

4. Attachment 4 - Summary of Submissions

5. Attachment 5 - Management Plan, Strategy Plan and Complaints Register

Recommendation:

That, in relation to the application to amend planning approval 5.2017.20.1 for Change of Use from Multiple Dwellings to Serviced Apartments at Nos. 1-16/17 (Lots: 1-16; STR: 598813) Harwood Place, West Perth, granted on 14 November 2017, Council consents to the State Administrative Tribunal making orders that have the effect of:

1. Amending Condition 2.1.1 to read as follows:

2.1.1 A requirement for the contracted security firm to provide security patrols and building walkthroughs of the Apartments, between 10pm and 4am, as follows:

(a) Sunday to Thursday: Once per night; and

(b) Friday and Saturday nights, and on a Sunday nights where the following Monday is a public holiday: Twice per night, with the first patrol commencing at approximately10:00pm;

2. Amending Condition 2.1.3 to read as follows:

2.1.3 The Code of Conduct shall include the following statement:

“Noise from balconies can easily travel because of the narrowness of the street, and therefore we ask you to take particular care in using your outdoor spaces during these times.”

3. Amending Condition 2.1.4 to read as follows:

2.1.4 Information advising that (i) the Apartments have 16 residential car bays located behind a security gate and the two visitor bays directly accessible from Harwood Place are to be used only for drop-off and pick-up only with a maximum of 2 hour parking (ii) Guests are encouraged to use these facilities (iii) there are restrictions that apply to the street-parking along Harwood Place, and the City’s Rangers issue infringements in relation to illegal parking;

4. Amending Condition 2.1.5 to read as follows:

2.1.5 The accommodation shall involve a minimum two-night stay for all guests, where the stay involves a Friday night and/or a Saturday night.

5. Deleting Condition 2.1.6.

Council Decision Item 5.1

Moved: Cr Castle, Seconded: Cr Hallett

That the recommendation be adopted.

carried Unanimously (5-0)

For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Hallett and Cr Topelberg

Against: Nil

(Cr Fotakis was an apology for the Meeting.)

(Cr Harley was an apology for the Meeting.)

(Cr Loden was an apology for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

Council Decision

Moved: Cr Topelberg, Seconded: Cr Gontaszewski

That the Council resume an open meeting

Carried Unanimously (5-0)

For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Hallett and Cr Topelberg

Against: Nil

(Cr Fotakis was an apology for the Meeting.)

(Cr Harley was an apology for the Meeting.)

(Cr Loden was an apology for the Meeting.)

(Cr Murphy was on approved leave of absence for the Meeting.)

6 Closure

There being no further business, the Presiding Member, Mayor Emma Cole, declared the meeting closed at 8.40pm with the following persons present:

PRESENT: Mayor Emma Cole Presiding Member

Cr Susan Gontaszewski South Ward

Cr Alex Castle North Ward

Cr Jonathan Hallett South Ward

Cr Joshua Topelberg South Ward

IN ATTENDANCE: David MacLennan Chief Executive Officer

Kerryn Batten Director Corporate Services

Luke Gibson A/Director Development Services

Andrew Murphy Director Engineering

Meluka Bancroft A/Manager Governance & Risk

Anita Radici Executive Secretary Development Services Joslin Colli Coordinator Planning Services

Public: Mark Gregory Castledine Gregory Law & Mediation

These Minutes were confirmed by the Council as a true and accurate record of the Special Meeting of the Council held on 3 December 2018.

Signed: ............................................................................ Mayor Emma Cole

Dated this ………………………………… day of …………………………………………………2018