Pro-Forma Minutes of Ordinary Council Meeting

Ordinary Council Meeting Minutes 17 September 2019

MINUTES OF City of Vincent
Ordinary Council Meeting
HELD AT THE Administration and Civic Centre
244 Vincent Street, Leederville
ON Tuesday, 17 September 2019 AT 6pm

PRESENT: Mayor Emma Cole Presiding Member

Cr Susan Gontaszewski South Ward

Cr Alex Castle North Ward

Cr Joanne Fotakis North Ward

Cr Jonathan Hallett South Ward

Cr Dan Loden North Ward

Cr Jimmy Murphy South Ward

Cr Joshua Topelberg South Ward

IN ATTENDANCE: David MacLennan Chief Executive Officer

Andrew Murphy Executive Director Infrastructure & Environment

John Corbellini A/Executive Director Community & Business Services

Georgia Lawrence Place Manager

Meluka Bancroft Manager Governance, Property & Contracts

Jordan Koroveshi A/Manager Policy & Place

Jay Naidoo Manager Development & Design

Sharron Kent Council Support Officer

Media: Nil

Public: Approximately 7 members of the public.

1 Declaration of Opening / Acknowledgement of Country

The Presiding Member, Mayor Emma Cole declared the meeting open at 6pm 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 Roslyn Harley was an apology.

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. Milenko Kovac of Leederville – Item 9.2

· Owner of property in Byron Street, Leederville.

· Spoke against the recommendation.

· Spoke against the proposed setback, overshadowing and privacy issues.

· Stated that he has built nine houses in the City of Vincent and feels the City’s Planning Department has become too relaxed with planning rules.

The Presiding Member Mayor Emma Cole thanked Mr Kovac for his comments.

2. Peter Zaikos of South Perth – Item 10.1

· Owner of the building immediately to the south of the North Perth Common.

· Spoke against the size and positioning of the trees chosen and stated that they are a hazard with powerlines above, will not provide shade to users, will cause an obstruction to pedestrians and wheelchair users and will result in costly maintenance.

· Requested Council resolve to replace trees with smaller trees, closer to grassed area and seating to provide amenity without need for costly pruning and that will not have to be replaced when the power goes underground.

The Presiding Member Mayor Emma Cole thanked Mr Zaikos for his comments.

3. Neil Roberts of North Perth – Item 9.5

· Spoke in favour of the recommendation to amend the approved material of the privacy screens.

· Stated that neighbours also support the development.

· Stated that builder has not shown due regard to proper process and neighbours on the basis that if there is to be support for infill in Vincent it is critical that builders are held to account.

· Requests that, more broadly, Council give consideration to the 1.7m height limit (rather than that specified in the R Codes) as this provides more privacy.

The Presiding Member Mayor Emma Cole thanked Mr Roberts for his comments.

There being no further speakers, Public Question Time closed at approximately 6.13pm.

(B) Response to Previous Public Questions Taken On Notice

Nil

4 Applications for Leave of Absence

Council Decision

Moved: Cr Murphy, Seconded: Cr Hallett

That Cr Loden’s request for leave of absence for the period 19 – 20 September 2019 be approved.

Carried Unanimously (8-0)

For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Loden, Cr Murphy and Cr Topelberg

Against: Nil

(Cr Harley was an apology for this meeting).

5 The Receiving of Petitions, Deputations and Presentations

Nil

6 Confirmation of Minutes

Council Decision

Moved: Cr Loden, Seconded: Cr Castle

That the Minutes of the Ordinary Meeting of Council held on 20 August 2019 be confirmed as a true and correct record.

Carried Unanimously (8-0)

For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Loden, Cr Murphy and Cr Topelberg

Against: Nil

(Cr Harley was an apology for this meeting).

Cr Fotakis left the Chamber at 6.15pm and returned at 6.16pm.

7 Announcements by the Presiding Member (Without Discussion)

The Presiding Member Emma Cole made the following announcements:

7.1 Survey of public participation at Council Meetings – live streaming

The City is proposing to include live streaming of the standing items ‘Public Question Time and Receiving of Public Statements’ and ‘The Receiving of Petitions, Deputations and Presentations’ at its Council Briefings and Ordinary Meetings of Council. Live streaming currently captures all parts of the meetings, except confidential matters, public questions and statements and deputations. The City is considering extending live streaming to include ‘Public Question Time and Receiving of Public Statements’ and ‘The Receiving of Petitions, Deputations and Presentations’.

Mayor Cole advised the Gallery that a short survey is available this evening and will be available on the City’s website for a number of months and encouraged the public to participate in the survey.

7.2 2019 Greening Vincent Garden competition

The 2019 Greening Vincent garden competition is open for entries. There is a category to suit all gardens and all gardeners from small balcony, indoor or courtyard gardens, the popular verge garden and even business gardens. Entries close 4 October and judging will take place between 7 – 12 October. All participants are invited to the awards night that will take place on Wednesday 13 November. Mayor Cole encouraged the community to participate.

7.3 Public release of the Chief Executive Officer’s performance indicators

The Chief Executive Officer’s Key Performance Indicators will be released publicly as part of the City’s ongoing transparency initiative and to let ratepayers know of the key focus areas for the coming year.

7.4 2019 Ordinary Elections

Candidates have been announced in the 2019 City of Vincent Local Government elections, to be held this October. Mayor Emma Cole ran unopposed and will return as the Mayor of Vincent for another four years.

There were two candidates for the north ward who will fill the two vacant positions, current Councillor Dan Loden and Sally Smith. Congratulations to the successful candidates.

For the two positions in the south ward, a postal vote will be undertaken for the six candidates.

7.5 Brisbane Street carpark urban forest project

The City is turning the Brisbane Street car park into an urban forest by planting 71 additional trees and remaking the garden beds with a water sensitive design that harvests the rainwater runoff from the carpark. The timely upgrade to the carpark presented a great opportunity for Vincent to try a new approach. This is a smarter and more environmentally friendly design that boosts our tree canopy cover (60% canopy coverage when the new trees grow to maturity).

8 Declarations of Interest

Nil

reports

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:

Item 9.2 No. 12 (Lot: 48; D/P: 1210) Byron Street, Leederville - Proposed Two Grouped Dwellings

Item 9.5 No. 42 (Lot: 2; D/P: 2136) Woodville Street, North Perth - Proposed Six Multiple Dwellings (Amendment to Approved - Unauthorised Existing Development)

Item 10.1 North Perth Common Closure Report

(b) Items which require an Absolute Majority decision which have not already been the subject of a public question/comment, being:

Item 12.5 Amendments to Council Delegations

Nil

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
Mayor Cole	Item 10.3 Late Item: 2019 Greening Garden Awards Item 12.2 Report and Minutes of the Audit Committee meeting held on 27 August 2019
Cr Hallett	Item 10.1 North Perth Common Closure Report
Cr Loden	Item 9.4 Outcomes of Advertising - Mount Hawthorn Town Centre Place Plan

The Presiding Member, Mayor Emma Cole therefore requested the Chief Executive Officer, David MacLennan, to advise the meeting of:

(e) Unopposed items which will be moved “En Bloc”, being:

Item 9.1 No. 12A (Lot: 3; S/P: 78266) Nova Lane, North Perth - Single Dwelling

Item 9.3 No. 434-446 (Lot: 4 D/P: 42026) Lord Street, Mount Lawley - Change of Use from Warehouse/Showroom to Educational Establishment

Item 9.6 Environmental Health Australia National Conference 2019

Item 10.2 Minor Parking Restriction Improvements/Amendments

Item 11.1 Authorisation of Expenditure for the Period 1 August 2019 to 31 August 2019

Item 12.1 Consideration of Submissions on Acquisition of Luce Lane, North Perth

Item 12.3 Information Bulletin

Item 12.4 Public release of the Chief Executive Officer's Key Performance Indicators 2019-2020

(f) Confidential Reports which will be considered behind closed doors, being:

Nil

Items Approved "En Bloc":

The following Items were adopted unopposed and without discussion “En Bloc”, as recommended:

Council Decision

Moved: Cr Fotakis, Seconded: Cr Loden

That the following unopposed items be adopted “En Bloc”, as recommended:

Item 9.1 No. 12A (Lot: 3; S/P: 78266) Nova Lane, North Perth - Single Dwelling

Item 9.3 No. 434-446 (Lot: 4 D/P: 42026) Lord Street, Mount Lawley - Change of Use from Warehouse/Showroom to Educational Establishment

Item 9.6 Environmental Health Australia National Conference 2019

Item 10.2 Minor Parking Restriction Improvements/Amendments

Item 11.1 Authorisation of Expenditure for the Period 1 August 2019 to 31 August 2019

Item 12.1 Consideration of Submissions on Acquisition of Luce Lane, North Perth

Item 12.3 Information Bulletin

Item 12.4 Public release of the Chief Executive Officer's Key Performance Indicators 2019-2020

Carried Unanimously (8-0)

For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Loden, Cr Murphy and Cr Topelberg

Against: Nil

(Cr Harley was an apology for this meeting).

Ordinary Council Meeting Minutes 17 September 2019

9 Planning and Place

9.1 No. 12A (Lot: 3; S/P: 78266) Nova Lane, North Perth - Single Dwelling

TRIM Ref: D19/100223

Author: Natasha Trefry, Urban Planning Advisor

Authoriser: Joslin Colli, Coordinator Planning Services

Ward: South

Attachments: 1. Consultation and Location Map

2. Development Plans

3. Summary of Submissions - Administration's Response

4. Summary of Submissions - Applicant's Response

5. Applicant Justification

6. Determination Advice Notes

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 development application for Single Dwelling at No. 12A (Lot: 3; S/P: 78266) Nova Lane, North Perth in accordance with the plans in Attachment 2, subject to the following conditions, with the associated advice notes in Attachment 6:

1. Boundary Walls

The owners of the subject land shall finish and maintain the surface of the boundary walls facing No. 14 Nova Lane in a good and clean condition prior to the practical completion of the development and thereafter maintained to the satisfaction of the City. The finish of the walls are to be fully rendered or facebrick to the satisfaction of the City;

2. Landscaping Plan

2.1 A detailed landscape and reticulation plan for the development site and adjoining road verge, to the satisfaction of the City, shall be lodged with and approved by the City prior to lodgement of a Building Permit. The plan shall be drawn to a scale of 1:100 and show the following:

· The location and type of proposed trees and plants;

· Areas to be irrigated or reticulated; and

· The provision of 14.6 percent of the site area as deep soil zone and 26.98 percent canopy cover at maturity; and

2.2 All works shown in the plans as identified in Condition 2.1 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;

3. Sight Lines

No walls, letterboxes or fences above 0.75 metres in height to be constructed within 1.5 metres of where:

3.1 walls, letterboxes or fences adjoin vehicular access points to the site; or

3.2 a driveway meets a public street; or

3.3 two streets intersect; unless otherwise approved by the City of Vincent;

4. Stormwater

All stormwater produced on the subject land shall be retained on site, by suitable means to the full satisfaction of the City;

5. Car Parking and Access

5.1 The car parking and access areas shall be sealed, drained and paved in accordance with the approved plans and are to comply with the requirements of AS2890.1 prior to occupancy or use of the development;

5.2 Vehicle access points are required to match into existing right of way levels; and

5.3 All new crossovers shall be constructed in accordance with the City’s Standard Crossover Specifications;

6. Visual Privacy

Prior to occupancy or use of the development, all privacy screening to balcony/courtyard and balcony 2 shall be visually impermeable and is to comply in all respects with the requirements of Clause 5.4.1 of the Residential Design Codes (Visual Privacy) deemed to comply provisions, to the satisfaction of the City.

7. External Fixtures

All external fixtures, such as television antennas (of a non-standard type), radio and other antennaes, satellite dishes, solar panels, external hot water heaters, air conditioners, and the like, shall not be visible from the street(s), are designed integrally with the building, and be located so as not to be visually obtrusive; and

8. Detailed Schedule of External Finishes

Prior to the 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.

Council Decision ITEM 9.1

Moved: Cr Fotakis, Seconded: Cr Loden

That the recommendation be adopted.

Carried EN BLOC (8-0)

For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Loden, Cr Murphy and Cr Topelberg

Against: Nil

(Cr Harley was an apology for this meeting).

Ordinary Council Meeting Minutes 17 September 2019

9.3 No. 434-446 (Lot: 4 D/P: 42026) Lord Street, Mount Lawley - Change of Use from Warehouse/Showroom to Educational Establishment

TRIM Ref: D19/116479

Author: Clair Morrison, Urban Planner

Authoriser: Joslin Colli, Coordinator Planning Services

Ward: South

Attachments: 1. Consultation and Location Map

2. Development Plans

3. Parking Management Plan

4. Determination Advice Notes

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 Warehouse/Storage to Educational Establishment at Nos. 434-446 (Lot: 4; D/P: 42026) Lord Street, Mount Lawley, in accordance with the plans provided in Attachment 2, subject to the following conditions, with the associated determination advice notes in Attachment 4:

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 12 persons; and

1.3 The hours of operation for the Educational Establishment shall be limited to the following operating hours:

· Monday to Friday: 8:00am to 4:00pm; and

· Saturday and Sunday: 8:00am to 4:00pm;

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; and

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.

Council Decision ITEM 9.3

Moved: Cr Fotakis, Seconded: Cr Loden

That the recommendation be adopted.

Carried EN BLOC (8-0)

For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Loden, Cr Murphy and Cr Topelberg

Against: Nil

(Cr Harley was an apology for this meeting).

Items Individually Considered

9 Planning and Place

9.2 No. 12 (Lot: 48; D/P: 1210) Byron Street, Leederville - Proposed Two Grouped Dwellings

TRIM Ref: D19/113937

Author: Natasha Trefry, Urban Planning Advisor

Authoriser: Jay Naidoo, Manager Development & Design

Ward: North

Attachments: 1. Location and Consultation Plan

2. Development Plans (received 25 January 2019)

3. Development Plans (received 13 May 2019)

4. Development Plans (received 29 July 2019)

5. Applicant Justification and Supporting Imagery

6. Summary of Submissions - Administration's Response

7. Determination Advice Notes

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 Two (2) Grouped Dwellings at No. 12 (Lot: 48; D/P: 1210) Byron Street, Leederville, in accordance with the plans shown in Attachment 4, subject to the following conditions, with the associated determination advice notes in Attachment 7:

1. Boundary Walls

The owners of the subject land shall finish and maintain the surface of the boundary wall facing Nos. 10 and 10A Byron Street in a good and clean condition prior to practical completion of the development to the satisfaction of the City. The finish of the boundary walls is to be fully rendered or face brickwork to the satisfaction of the City;

2. Car Parking and Access

2.1 The car parking and access areas shall be sealed, drained and paved in accordance with the approved plans and are to comply with the requirements of AS2890.1 prior to occupancy or use of the development;

2.2 Vehicle access points are required to match into existing right of way levels; and

2.3 All new crossovers shall be constructed in accordance with the City’s Standard Crossover Specifications;

3. External Fixtures

All external fixtures, such as television antennas (of a non-standard type), radio and other antennaes, satellite dishes, solar panels, external hot water heaters, air conditioners, meter boxes and the like, shall not be visible from the street or are to be integrated with the design of the building, to the satisfaction of the City;

4. Landscaping Plan

4.1 Detailed landscape and reticulation plan for the development site and adjoining road verge, to the satisfaction of the City, shall 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:

· The location and type of existing and proposed trees and plants;

· The provision of a minimum of 13.8 percent of the site area as deep soil zone and 27.2 percent canopy cover at maturity, as defined by the City’s Policy No. 7.1.1 – Built Form;

· The Bottlebrush Tree located in the verge is to be removed and replaced with a minimum 100 litre Jacaranda Tree in the location as depicted in the approved plans. All associated costs for the removal and replacement of the tree is to be borne by the applicant; and

· Areas to be irrigated or reticulated; and

4.2 All works shown in the plans as identified in condition 4.1 above shall be undertaken in accordance with the approved plans to the City’s satisfaction, prior to occupation or use of the development and shall be maintained thereafter to the satisfaction of the City at the expense of the owners/occupiers;

5. Stormwater

All stormwater produced on the subject land shall be retained on site by suitable means to the satisfaction of the City;

6. Visual Privacy

Prior to occupation or use of the development, all privacy screening to the southern boundary of the alfresco of Residence A shall be visually impermeable and is to comply in all respects with the requirements of Clause 5.4.1 of the Residential Design Codes (Visual Privacy) deemed‑to‑comply standards, to the satisfaction of the City;

7. Colours and Materials Schedule

Prior to the 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;

8. Sight Lines

No walls, letterboxes or fences above 0.75 metres in height shall be constructed within 1.5 metres of where:

8.1 walls, letterboxes or fences adjoin vehicular access points to the site; or

8.2 driveway meets a public street; or

8.3 two streets intersect; unless otherwise approved by the City of Vincent.

9. Garage Door Design

The garage door for Residence A shall be perforated. Plans depicting details of the garage door, including materials and colours, shall be submitted to and approved by the City prior to the use or occupation of the development.

COUNCIL DECISION ITEM 9.2

Moved: Cr Topelberg, Seconded: Cr Loden

That the recommendation be adopted.

Carried Unanimously (8-0)

For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Harley, Cr Loden, Cr Murphy and Cr Topelberg

Against: Nil

(Cr Harley was an apology for this meeting).

Ordinary Council Meeting Minutes 17 September 2019

12.5 Amendments to Council Delegations

TRIM Ref: D19/128393

Author: Meluka Bancroft, Manager Governance, Property and Contracts

Authoriser: David MacLennan, Chief Executive Officer

Attachments: 1. Council Delegations Register 2019/20 (in mark up)

2. Legal Advice - Council Delegations and Authorisations - Confidential

3. OAG's Audit Results Report 2017-18 - Financial Audits of Local Government Entities

Recommendation:

That Council:

1. APPROVES BY ABSOLUTE MAJORITY the following amendments to the Council delegations, as shown in mark up in the Council Delegations Register at Attachment 1;

1.1 amendment of delegation 4.4 to include reference to section 112(2) Building Act 2011, which sets out what a building order can require a person to do;

1.2 inclusion of a new delegation to enable the CEO to commence prosecutions for any offences under the Building Act 2011;

1.3 amendment of delegation 10.1 to allow apointment of designated officers under the Tobacco Products Control Act 2006 and Criminal Procedures Act 2004;

1.4 inclusion of a new delegation to allow the CEO to enforce compliance with a planning direction notice issued under section 214 of the Planning and Development Act 2005;

2. REVOKES BY ABSOLUTE MAJORITY delegation 2.1.1 - Delegation to audit and risk committee; and

3. NOTES that the following amendments will be made to the Council Delegations Register as shown in mark up at Attachment 1:

3.1 appointment of authorised persons under the Caravan Parks and Camping Grounds Act 1995 (Delegation 15.1) will be removed, as this Act provides the Chief Executive Officer with the power to appoint authorised persons, so no Council delegation is required; and

3.2 issue of certificates under sections 39 and 40 of the Liquor Control Act 1988 (Delegation 16.1) will be removed as this is an administrative function.

COUNCIL DECISION ITEM 12.5

Moved: Cr Topelberg, Seconded: Cr Hallett

That the recommendation be adopted.

Carried Unanimously (8-0)

For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Loden, Cr Murphy and Cr Topelberg

Against: Nil

(Cr Harley was an apology for this meeting).

Ordinary Council Meeting Minutes 17 September 2019

13 Motions of Which Previous Notice Has Been Given

Nil

14 Questions by Members of Which Due Notice Has Been Given (Without Discussion)

Nil

15 Representation on Committees and Public Bodies

Nil

16 Urgent Business

Nil

17 Confidential Items/Matters For Which the Meeting May be Closed

Nil

18 Closure

There being no further business, the Presiding Member, Mayor Emma Cole, declared the meeting closed at 7.21pm with the following persons present:

PRESENT: Mayor Emma Cole Presiding Member

Cr Susan Gontaszewski South Ward

Cr Alex Castle North Ward

Cr Joanne Fotakis North Ward

Cr Jonathan Hallett South Ward

Cr Dan Loden North Ward

Cr Jimmy Murphy South Ward

Cr Joshua Topelberg South Ward

IN ATTENDANCE: David MacLennan Chief Executive Officer

Andrew Murphy Executive Director Infrastructure & Environment

John Corbellini A/Executive Director Community & Business Services

Jordan Koroveshi A/Manager Policy & Place

Meluka Bancroft Manager Governance, Property & Contracts

Jay Naidoo Manager Development & Design

Sharron Kent Council Support Officer

Media: Nil

Public: Nil

These Minutes were confirmed by the Council as a true and accurate record of the Ordinary Meeting of the Council held on 17 September 2019.

Signed: Mayor Emma Cole

Dated: 15 October 2019