Minutes 24 February 2015
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COUNCIL MINUTES 24 FEBRUARY 2015 INDEX Item Description Page 40/15 PRAYER 1 41/15 DECLARATION OF OPENING 1 42/15 APOLOGIES 1 43/15 QUESTION TIME FOR THE PUBLIC 1 44/15 MEMBERS ON LEAVE OF ABSENCE AND APPLICATIONS FOR LEAVE OF ABSENCE 3 45/15 CONFIRMATION OF MINUTES 4 46/15 ANNOUNCEMENTS BY THE LORD MAYOR 5 47/15 DISCLOSURE OF MEMBERS’ INTERESTS 5 48/15 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN 5 49/15 CORRESPONDENCE 5 50/15 PETITIONS 5 51/15 MATTERS FOR WHICH THE MEETING MAY BE CLOSED 6 PLANNING COMMITTEE REPORTS 52/15 8/90 (LOT 8 ON SP 58159) TERRACE ROAD, EAST PERTH – PROPOSED USE OF TENANCY AS A ‘LOCAL SHOP’ AND ASSOCIATED SIGNAGE 10 53/15 700 – 702 (LOTS 124 AND 125) HAY STREET MALL, PERTH – PICCADILLY ARCADE AND CINEMA REDEVELOPMENT 23 54/15 5 (LOTS 555 AND 9000) THE ESPLANADE, PERTH – PROPOSED ELIZABETH QUAY SUBDIVISION APPLICATION 3: TO ACCOMMODATE FOOD AND BEVERAGE OUTLETS AND A NEW ACCESS ROAD 34 FINANCE AND ADMINISTRATION COMMITTEE REPORTS 55/15 DISPOSAL OF ASSETS AS A CONTRIBUTION TO THE ELIZABETH QUAY PROJECT 40 56/15 UNBUDGETED EXPENDITURE – VASTO BUSINESS AND TRADE MISSION TO PERTH 46 57/15 ATTENDANCE AT THE INTERTRAFFIC CONFERENCE AND EXHIBITION ISTANBUL, TURKEY 27 – 29 MAY 2015 48 M:\COUNCIL MINUTES 2014-15\MN150224.DOCX COUNCIL MINUTES 24 FEBRUARY 2015 Item Description Page 58/15 DONATION – THE RETURNED AND SERVICES LEAGUE OF AUSTRALIA INCORPORATED (RSL WA) ANZAC DAY 2015 CENTENARY COMMEMORATIONS 52 59/15 ADOPTION – CITY OF PERTH PARKING AMENDMENT LOCAL LAW 2015 58 WORKS AND URBAN DEVELOPMENT COMMITTEE REPORTS 60/15 CYCLE PLAN 2029 – IMPLEMENTATION PROGRAM 64 61/15 INVESTIGATION OF ALTERNATIVE OPERATING CONFIGURATIONS OF THE CLAISEBROOK LAKE, EAST PERTH 72 62/15 TENDER 050-14/15 MAINTENANCE AND CONSTRUCTION OF FOOTPATHS AND ASSOCIATED WORKS 78 OTHER REPORTS 63/15 REMOVAL OF THE RAINE SQUARE PEDESTRIAN OVERPASS 84 64/15 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 85 65/15 URGENT BUSINESS 85 66/15 CLOSE OF MEETING 85 M:\COUNCIL MINUTES 2014-15\MN150224.DOCX COUNCIL CONFIRMATION DATE 17 MARCH 2015 MINUTES - 1 - 24 FEBRUARY 2015 Minutes of the Ordinary Meeting of the Council of the City of Perth held in the Council Chamber, Ninth Floor, Council House, 27 St Georges Terrace, Perth, on Tuesday, 24 February 2015. Presiding: The Rt Hon Lord Mayor, Ms Lisa-M. Scaffidi Councillors Present: Adamos, Butler, Chen, Davidson, Harley, Limnios, McEvoy and Yong In Attendance: Gary Stevenson PSM - Chief Executive Officer Robert Mianich - Director Corporate Services Doug Forster - Director City Infrastructure and Enterprises Martin Mileham - Director City Planning and Development Garry Dunne - Director City Services Margaret Smith - Manager Approval Services Mark Ridgwell - Manager Governance Paul Anastas - Personal Aide to the Lord Mayor Cathryn Clayton - Governance Electoral Officer Observers: Fifty-four members of the public. Two members of the press. Six members of the staff. 40/15 PRAYER The Lord Mayor took the Chair and the prayer was read by the Chief Executive Officer. 41/15 DECLARATION OF OPENING 6.01pm The Lord Mayor declared the meeting open. 42/15 APOLOGIES Nil 43/15 QUESTION TIME FOR THE PUBLIC The Chief Executive Officer advised that a series of questions had been received from Mr Peter Whitehead of Unit 15/43 Shenton Street, Northbridge WA 6003 and a number of other signatory residents (TRIM 29004/15) in relation to Fringe World Festival Event 2015 at Russell Square. M:\COUNCIL MINUTES 2014-15\MN150224.DOCX COUNCIL CONFIRMATION DATE 17 MARCH 2015 MINUTES - 2 - 24 FEBRUARY 2015 Question 1 : Why did the CEO not consult with the residents of Russell Square? The Chief Executive Officer advised that under Regulation 18 of the Response: Environmental Protection Act (Noise) Regulations 1997 the CEO is required to consult with residents in the area if there is an intention to approve more than two events that might not be compliant in any given year. Historically, the City would survey all residents in each of the areas where events are being held on a periodic basis, usually between three and five years. A survey was conducted of residents in that area in 2011 asking them what levels of activity would be supportable. In that survey the majority of residents indicated that six or more non-conforming events per year may be supportable however at that time Council considered it appropriate to limit it to five non-conforming events at the venue over a twelve month period. The City does not consult with residents on each occasion that an event might be held at one of the many venues around the City. Question 2 : On what criteria were the closing times for the event based? Response: The Chief Executive Officer advised that later finishing times were permitted on Fridays and Saturdays to be at 2am principally because the area is in the proximity of an Entertainment Precinct and other licensed venues are open as well. It is also part of City’s activation plan. The quieter shows were held during the early hours of the morning to lessen the noise impact. However, the City will review the finishing times at this venue for future events. Question 3 : Why has the City of Perth refused to provide a copy of the event license conditions when the document is a public document? Response: The Chief Executive Officer advised that this document is not in the public domain, it is issued to a specific applicant as part of a statutory approval process. Access would normally be available under the Freedom of Information Act. However, given the concern in the community, the City of Perth, under the authority of the Chief Executive Officer would be happy to release the conditions as applied to this event for the information of the enquirers. Question 4 : Has the noise level monitoring of the event license found the noise levels to be reasonable? Response: The Chief Executive Officer advised that the City has undertaken some physical monitoring of the events onsite and at these times the noise levels were compliant – an officer attended the event, took noise measurements and on each occasions the noise levels were compliant. However as a result of complaints the City also installed a noise measuring (noise logging) machine to measure continual noise levels from 12 February to 18 February 2015. The results of M:\COUNCIL MINUTES 2014-15\MN150224.DOCX COUNCIL CONFIRMATION DATE 17 MARCH 2015 MINUTES - 3 - 24 FEBRUARY 2015 that logging have not been analysed yet but are expected to be analysed in the next day or two, as soon as the results of the noise logging have been analysed (continuous record of all noises throughout the entire period) it will be made available. Question 5 : If the noise levels have been found to be unreasonable, what action has the City of Perth taken and when? Response: The Chief Executive Officer advised that there have been no breaches identified to date with the onsite measurement. If there are noise levels that are non-compliant in the logging results the City will consider what action is appropriate at that time. Question 6 : What has the noise level monitoring found to be the level of noise during the duration of the events – lowest, mean average and highest levels for each hour? Please provide the report generated by the monitoring equipment. Response: The Chief Executive Officer advised that the logging data will be made available in due course. Question 7 : How will future events be dealt with in terms of consultation with residents? Response: The Chief Executive Officer advised that in accordance with the Regulation 18 that relate to cultural and sporting events another Community Survey will be conducted in the near future as the normal frequency for surveys is three to five years. It is intended to survey residents in that general area in the near future and Council will need to take into account the number of events and the nature of events that might be appropriate given the concerns expressed in that survey by the community. 44/15 MEMBERS ON LEAVE OF ABSENCE AND APPLICATIONS FOR LEAVE OF ABSENCE The following leave of absence requests were received: The Lord Mayor requested leave of absence for the period 1 to 4 March 2015, inclusive; Cr Limnios requested leave of absence for the period 2 to 5 March 2015, inclusive; Cr Chen requested leave of absence for the period 8 to 18 March 2015, inclusive; Cr Butler requested leave of absence for the period 14 to 21 March 2015, inclusive; Cr Adamos requested leave of absence for the period 16 to 20 March 2015, inclusive. M:\COUNCIL MINUTES 2014-15\MN150224.DOCX COUNCIL CONFIRMATION DATE 17 MARCH 2015 MINUTES - 4 - 24 FEBRUARY 2015 Moved by Cr Davidson, seconded by Cr Butler That the following requests for leave of absence be approved: 1. The Lord Mayor for the period 1 to 4 March 2015, inclusive; 2. Cr Limnios for the period 2 to 5 March 2015, inclusive; 3. Cr Chen for the period 8 to 18 March 2015, inclusive; 4. Cr Butler for the period 14 to 21 March 2015, inclusive; 5. Cr Adamos for the period 16 to 20 March 2015, inclusive. The motion was put and carried The votes were recorded as follows: For: The Lord Mayor, Crs Adamos, Butler, Chen, Davidson, Harley, Limnios, McEvoy and Yong Against: Nil 45/15 CONFIRMATION OF MINUTES The minutes of the Ordinary Meeting of the Council held on 3 February 2015 were submitted for consideration. Moved by Cr Davidson, seconded by Cr Butler That the minutes of the Ordinary Meeting of the Council held on 3 February 2015, be confirmed as a true and correct record.