Minutes of Ordinary Council Meeting

1 Declaration of Opening / Acknowledgement of Country

2 Apologies / Members on Leave of Absence

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. Anna Monteleone of Bayswater – Item 9.3 Spoke on behalf of her father, who is the owner of Tony Yozzi Sports on William Street, Perth. Stated that this matter has been ongoing since June 2019. Stated that the development application was lodged as requested by Administration. Stated that the State Heritage Office supports the application for roller shutters as long as the shop remains a gun shop. Stated that they want Council to Support the roller shutters. The Presiding Member Mayor Emma Cole thanked Ms Monteleone for her comments. 2. Damien Kerher of Northbridge Referred to the development application for 48 Egina Street, Mt Hawthorn which was refused by Council and appealed to the State Administrative Tribunal. Stated that State Administrational Tribunal has dismissed the appeal due to the garage domination. Thanked Councillors Loden, Topelberg, Gontaszewski and Mayor Cole on behalf of the current residents of Egina Street for their support. The Presiding Member Mayor Emma Cole thanked Mr Kerher for his comments and advised Mr Kerher that there will need to be a new Development Application made to the City by the owners, and the City has not received anything to date. 3. Dudley Maier of Highgate In respect to Item 12.4, stated that the lease of 246 Vincent Street is significantly different from the previous approval in that there is no longer a requirement for the $1.6 million portion of the incentive to be spent in accordance with an approved schedule of works. On this basis queried whether the City had complied with regulation 10 of the Local Government (Administration) Regulations 1996? Raised a number of general questions for response by Administration: Did the City formally approach the Minister with a view of amending the vesting order for Leederville Oval (also known as Reserve 3839), as had previously been done in 1994, prior to the building of the child care centre on a portion of the land. If so, when? Can the City confirm that a change of use is just one of a number of circumstances that triggers the need to obtain Development Approval, noting that parking requirements and building works are examples of other triggers? Can the City confirm that since the gazettal of the Planning and Development (Local Planning Scheme) Regulations 2015, development approval is not required for a change of use of a non-heritage listed property, if the use is permitted under the scheme, and if there is no works component, or development approval is not required for any of the works component? Has the City been adhering to these Regulations since 2015? Between 2015 and 24 July 2019 would development approval be required for a proposal in the Mount Lawley- Highgate town centre that involved a change of use to one permitted under the scheme but which required discretion in terms of parking provisions? Would such a proposal be required to seek such a development approval if contemplated after 24 July 2019? Is development approval required if a business in the Mount Lawley- Highgate town centre requested a change of use which would see a significant increase in parking requirements from the current permitted use but which does not require any building works? Is development approval required if a business in the Mount Lawley- Highgate town centre wants to significantly increase its patronage numbers therefore requiring more parking but does not require any building works and does not propose a change of use? On 23 July 2019 Council approved advertising changes to policy 7.51 - Minor Nature Development. Why hasn’t these policy changes been advertised yet? On the 18 September 2018 Council noted amendments to the Design Guidelines for William Street and Design Guidelines for Perth and noted that they would be advertised for 28 days. When were the changes to the two design guidelines advertised and why haven’t the amendments to these guidelines come back to Council? What items were presented to the Council Workshop held on 28 January 2020 and which Council Members attended? Why do the reports on the Agenda no longer show the author and the authorising officer of the reports? Why hasn’t the community funding register for 2019/2020 been placed on the City’s website? The Presiding Member Mayor Emma Cole thanked Mr Maier for his comments. 4. Alf Parolo of West Perth – Item 9.1 Spoke against the recommendations. Thanked the Mayor and Councillors for attending the briefing meeting held on site. States that the development will impact the amenity of the precinct. Noted that the precinct is unsure of Rosewood’s impact on the area. Stated that the development may have an impact on parking – and queried how this will be dealt with. Stated that street set back is not sufficient. Questions the value of development, and notes that it sets a poor standard for future developments in the area. Stated that the development to the south is severely impacted and residents of this development have concerns and will suffer a loss of amenity. Stated that the development should be deferred or reviewed accordingly. The Presiding Member Mayor Emma Cole thanked Mr Parolo for his comments. 5. Tony Watson of North Fremantle – Item 9.1 Spoke in support of the recommendations. Thanked the Mayor and Councillors for attending the briefing meeting held on site, and stated that is was beneficial and valuable. Stated that the trees will be protected during construction. Stated that the trees will sit in the foreground of the front of the building. Noted that the rear building will be just over 9 metres in height and three stories high with a pitched roof. Noted that the parapet wall will be replaced with a lower one. Noted that the overshadowing has been reviewed. Noted that the privacy requirements mentioned last week are compliant. Noted that the lift will remain. The Presiding Member Mayor Emma Cole thanked Mr Watson for his comments. There being no further speakers, Public Question Time closed at approximately 6.15pm. (B) Response to Previous Public Questions Taken On Notice

4 Applications for Leave of Absence

4.1 Cr Jonathan Hallett requests a leave of absence from 13 February 2020 to 22 February 2020 inclusive due to work related commitments Council Decision Moved: Cr Loden, Seconded: Cr Castle That Cr Hallett’s request for leave of absence be approved. Carried Unanimously (9-0) For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Loden, Cr Topelberg, Cr Smith and Cr Wallace Against: Nil 4.2 Cr Susan Gontaszewski requests a leave of absence from 29 June 2020 to 4 September 2020 inclusive due personal commitments. Moved: Cr Hallett, Seconded: Cr Loden Council Decision That Cr Gontaszewski’s request for leave of absence be approved. Carried Unanimously (9-0) For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Loden, Cr Topelberg, Cr Smith and Cr Wallace Against: Nil 4.3 Cr Dan Loden requests a leave of absence from 26 February 2020 to 6 March 2020 inclusive due work related commitments. Moved: Cr Castle, Seconded: Cr Smith Council Decision That Cr Loden’s request for leave of absence be approved. Carried Unanimously (9-0) For: Mayor Cole, Cr Gontaszewski, Cr Castle, Cr Fotakis, Cr Hallett, Cr Loden, Cr Topelberg, Cr Smith and Cr Wallace Against: Nil 5 The Receiving of Petitions, Deputations and Presentations

6 Confirmation of Minutes

Confirmation of Minutes

7 Announcements by the Presiding Member (Without Discussion)

8 Declarations of Interest

Items Approved "En Bloc":

9.2 No. 392 (Lot: 152; D/P: 50596) Fitzgerald Street, North Perth - Proposed Change of Use to Restaurant/Cafe and Shop (Amendment to Approvals) (Unauthorised Existing Development) Agenda Item

9.4 Amendment to the Municipal Heritage Inventory - No. 165 (Strata Lot: 1) Palmerston Street, Perth Agenda Item

No. 165 Palmerston Street, Perth - Heritage Assessment [published separately]

11.1 Financial Statements as at 30 November 2019 Agenda Item

Financial Statements as at 30 November 2019 [published separately]

11.2 Investment Report as at 30 November 2019 Agenda Item

Investment Report November 2019 [published separately]

11.3 Authorisation of Expenditure for the Period 19 November 2019 to 31 December 2019 Agenda Item

11.4 Financial Statements as at 31 December 2019 Agenda Item

Financial Statements as at 31 December 2019 [published separately]

11.5 Investment Report as at 31 December 2019 Agenda Item

Investment Report December 2019 [published separately]

11.7 Vincent Men's Shed License for Storage Containers - 10 Farmer Street, Woodville Reserve Agenda Item

12.1 Permit with Main Roads WA - Eco-zone landscaping of Lot 210 on Deposited Plan 32190, corner of Vincent Street & Leederville Parade, Leederville Agenda Item

12.2 Acquisition of Private Rights of Way - Lots 350 - 357 on Plan 2503, bounded by Scarborough Beach Road, Green, Fairfield and Matlock Streets, Mount Hawthorn as Crown Land, and vesting in the City as Public Rights of Way Agenda Item

12.3 Information Bulletin Agenda Item

Items with Discussion Strategy & Development

9.3 Nos. 452-460 (Lot: 1; D/P: 613) William Street, Perth - Proposed Alterations and Additions to Shop (Unauthorised Existing Development) Agenda Item

9.1 No. 64 (Lot 41; D/P: 2360) Cleaver Street, West Perth - Proposed 11 Multiple Dwellings Agenda Item

12.4 Lease of 246 Vincent Street, Leederville to Minister for Works - Department of Local Government, Sport and Cultural Industries - Amendment to Incentive Agenda Item

Minister for Works' updated lease proposal dated 16 January 2020 [published separately]

9.5 Amendment No. 4 to Local Planning Policy No. 7.5.15 - Character Retention Areas and Heritage Areas to include Guidelines for The Boulevarde, Kalgoorlie Street, Matlock Street and Buxton Street Agenda Item

9.6 Comment on draft WAPC Position Statement: Special Entertainment Precincts and DWER Consultation Paper Agenda Item

Infrastucture & Environment

10.1 Tender No. 575/19 Banks Reserve 'Active Zone' Construction Agenda Item

Evaluation Worksheet - RFT No. 575-19 - Banks Reserve Active Zone Construction [confidential]

Community & Business Services

11.6 Waiver of Fees - West Australian Football Commision (WAFC) - AFL Womens Agenda Item

Waiver request - West Australian Football Commission [published separately]

13 Motions of Which Previous Notice Has Been Given

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

15 Representation on Committees and Public Bodies

16 Urgent Business

18 Closure