CITY OF STIRLING
MINUTES

ORDINARY MEETING OF COUNCIL
18 AUGUST 1998

TABLE OF CONTENTS

ITEM SUBJECT/LOCATION/NAME PAGE

1 QUESTION TIME 1

2 CONFIRMATION OF MINUTES 4

3 BUSINESS ARISING FROM THE MINUTES 5

4 APPLICATION FOR LEAVE OF ABSENCE 5

5 ANY BUSINESS LEFT OVER FROM THE PREVIOUS MEETING 5

6 QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN WITHOUT DISCUSSION 5

7 ANY ORDINARY BUSINESS WHICH THE MAYOR WISHES TO PLACE BEFORE

8 PETITION AND DEPUTATIONS PRESENTED BY MEMBERS 6

9 LATE & URGENT BUSINESS - INCLUDING THOSE ITEMS WHICH COUNCILLORS WISH TO RAISE AS URGENT BUSINESS 6

10 REPORTS OF COMMITTEE 8

MEETING OF THE COMMUNITY SERVICES COMMITTEE OF 11 AUGUST 1998

10.1/CS1 PARKING STIRLING DAY CENTRE/34 CEDRIC STREET, STIRLING 8

10.1/CS2 * REQUEST FOR FUNCTION AND OPENING CEREMONY/MEMORIAL

10.1/LS1 * ATTENDANCE AT 18TH WORLD CONGRESS OF THE FEDERATION OF

10.1/LS2 MAINTENANCE OF TURF WICKET/ABBETT PARK,

ITEM SUBJECT/LOCATION/NAME PAGE

10.1/LS3 MAINTENANCE OF TURF WICKET/DES PENMAN RESERVE,

10.1/LS4 * MINUTES OF MEETINGS/VARIOUS ADVISORY COMMITTEES 11

10.1/LS5 * SKATEBOARDING FACILITIES 11

10.1/LS6* PROPOSED SCARBOROUGH TRIATHLON/SCARBOROUGH BEACHFRONT

10.1/LS7 TRANSFER OF FUNDS/JIM SATCHELL COMMUNITY RECREATION

10.1/LS8 SKATEBOARD EVENT/SCARBOROUGH BEACH ESPLANADE/LOCAL

10.1/LS9* MARKET TESTING/INGLEWOOD AQUATIC CENTRE 14

MEETING OF THE TOWN PLANNING AND STATUTORY SERVICES COMMITTEE OF 11 AUGUST 1998

10.2/H1 LEGAL PROCEEDINGS REPORT JUNE-JULY 1998 14

10.2/H2 NATIONAL CONFERENCE 25-30 OCTOBER 1998/SURFERS PARADISE,

10.2/B1 PARAPET WALL - HN 11/LOT 116 FONTAINE STREET, BALCATTA/L &

10.2/B2 PROPOSED GARAGE - LOT 31/HN 94 TENTH AVENUE, INGLEWOOD/

10.2/B3 VARIATION TO FRONT SETBACK - LOT 1012/HN 89 ROOKWOOD

10.2/B4 PROPOSED OVERSIZE PYLON SIGN - LOT 102/HN 300

10.2/B5 PROPOSED PARAPET WALL - LOT 80/HN 13 MERLIN DRIVE,

10.2/B6 PRIVACY SCREEN WALL - LOT 45/HN 8 LANGDALE STREET,

10.2/B7 AUSTRALIAN INSTITUTE OF BUILDING SURVEYORS NATIONAL

10.2/B8 MINISTERIAL APPEALS - AUGUST 1998 18

10.2/B9 * BUILDING AND DEMOLITION LICENCES ISSUED - JULY 1998 18

ITEM SUBJECT/LOCATION/NAME PAGE

10.2/B10 FINISHED FLOOR LEVEL AND OVERHEIGHT BUILDING - LOT 216/

10.2/B11 PARAPET WALL - LOT 480/HN 27 HAZELWOOD LOOP, CARINE/

10.2/B12 * FINISHED FLOOR LEVEL AND RETAINING WALL HEIGHTS - LOT 12/

10.2/B13 PROPOSED RESIDENCE - LOT 24/HN 2 SAVO COURT CNR BABAKIN

10.2/B14 OVERHEIGHT LIMESTONE RETAINING WALL TO PROPOSED

10.2/LA1 DEDICATION OF CROWN RIGHTS OF WAY AS PART OF GOLF VIEW

10.2/LA2 PROPOSED CLOSURE OF A CROWN PEDESTRIAN ACCESS WAY

10.2/LA3 PURCHASE OF LOT 303 FROM MINISTRY FOR PLANNING/TOWN

10.2/LA4 RESUMPTION OF LAND - LOT 6/HOPE STREET NORTH BEACH/

10.2/PL1* LOCAL AGENDA 21 23

10.2/PL2 * BETTER PUBLIC TRANSPORT - TEN YEAR PLAN FOR TRANSPERTH

10.2/PL3 ZONING BREACH - LOT 146/HN 12 HARRIER PLACE,

10.2/PL4 SEVEN GROUPED DWELLINGS/LOT 8, HN 717 BEAUFORT STREET,

10.2/PL5* MANAGER'S REPORT - JULY 1998 24

10.2/PL6 PLACE OF PUBLIC WORSHIP - TOWN PLANNING TRIBUNAL

10.2/PL7 DISABLED PERSONS ACCOMMODATION/LOT 983, HN 4 BOSBERRY

ITEM SUBJECT/LOCATION/NAME PAGE

10.2/PL8 OVER WIDTH CROSSOVER/LOT 94 HN.36 JUGAN STREET,

10.2/PL9 REZONING - FROM SERVICE STATION TO RESIDENTIAL R40/LOTS

10.2/PL10 TAVERN, BOTTLESHOP AND DRIVE-THRU/LOT 10 HN 200

10.2/PL11 PARAPET WALL - HN 26/LOT 95, HEARD WAY, GLENDALOUGH/DALE

10.2/PL12 PERFORMING ARTS CENTRE - HALE SCHOOL/LOT 3175 H.N. 20

10.2/PL13 DISTRICT PLANNING SCHEME NO. 2 AMENDMENT NO 334/LOT 505

10.2/PL14 DEPENDENT PERSONS DWELLINGS/LOT 601, HN 8 MILTON AVENUE,

10.2/PL15* DISTRICT PLANNING SCHEME NO. 2 AMENDMENT NO 283A/LOT 11,

10.2/PL16 DISTRICT PLANNING SCHEME NO. 2 AMENDMENT NO 331/LOTS 46,47

10.2/PL17 DISTRICT PLANNING SCHEME NO. 2 AMENDMENT NO 329/LOT 93

10.2/PL18 NEW NORTH SIGNAGE PROPOSAL/LOT 46, HN 232 WANNEROO ROAD,

10.2/PL19 AUTOMOTIVE SALES - LOT 21/H.N.12 RUSE STREET, OSBORNE

10.2/PL20 VISUAL TRUNCATION - SINGLE CARPORT/LOT 352 HN 56 CROCKER

10.2/PL21 PETERS BY THE SEA - ADDITIONS/LOT 10 HN 128 THE ESPLANADE,

10.2/PL22 MARKET GARDEN SALES OPERATION/LOT PT 6 HN 6 BRYAN PLACE,

10.2/PL23 ONE GROUPED DWELLING - LOT 899/H.N.7/164 WEST COAST

10.2/PL24* REZONING - SUBDIVISION/PT LOT 1 HN 601 NORTH BEACH ROAD,

ITEM SUBJECT/LOCATION/NAME PAGE

10.2/PL25 RESTAURANT - LOT 8/H.N.224 MAIN STREET, OSBORNE

10.2/PL26 LIQUOR LICENSING FOR RESTAURANTS 34

10.2/PL27* CHANGE OF STREET NUMBERS/VALLEY ROAD, WEMBLEY DOWNS 34

10.2/PL28 PARAPET WALL - TWO GROUPED DWELLINGS/LOT 213 HN 119 DUKE

10.2/PL29* UNAUTHORISED DEVELOPMENT - LOT PT 85/H.N.8 HAMPTON

10.2/PL30* AGED ACCOMMODATION POLICY - REQUEST FOR

10.2/PL31 KARRINYUP SHOPPING CENTRE - CAR PARK RATIOS/LOT 10 HN 200

10.2/PL32 PROPOSED PARAPET WALL - GARAGE - LOT 504/HN 50 FELTON

10.2/PL33 REZONING RURAL TO RESIDENTIAL R20 AND R30/LOT PTS 1,2,9,9,

10.2/PL34* RIGHTS OF WAY - INTERIM POLICY 37

10.2/PL35 BACKPACKERS HOSTEL - LOT 365/HN 654 BEAUFORT STREET,

10.2/PL36 PROGRESS REPORT ON TENANCIES - LOT 13/HN 367 SCARBOROUGH

10.2/PL37* RESIDENTIAL DEVELOPMENT - ALBANY BELL CASTLE/86 GUILDFORD

10.2/PL38* DESIGN GUIDELINES - SMALL LOT SUBDIVISION/BRIGHTON GARDENS

10.2/PL39 MULTI STOREY CAR PARKING STATION - OPTIONS/CNR MANNING

10.2/PL40* SUBDIVISION, RETAINING WALL & FILLING/LOTS 17-23 WEST COAST

10.2/PL41 TWO SINGLE STOREY GROUPED DWELLINGS WITHIN TOWN

ITEM SUBJECT/LOCATION/NAME PAGE

10.2/PL42* COMMERCIAL CENTRES STUDY - URBAN DESIGN SHORTLIST 42

10.2/PL43 PROPOSED RESTAURANTS - LOT 150/HN 734 CORNER KARRINYUP

10.2/PL44 CONSULTING ROOMS GROUP PRACTICE/LOT 608 HN 182

10.2/PL45* COASTAL HIGHWAY - STIRLING TO ROCKINGHAM ("WESTERN

10.2/PL46 TWO GROUPED DWELLINGS/LOT 864, HN 78 WESTVIEW STREET,

10.2/PL47 TWO GROUPED DWELLINGS/LOT 64, HN 39 ALBEMARLE STREET,

11 REPORTS OF OFFICERS 45

12 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 50

13 NOTICE OF MOTION FOR CONSIDERATION AT THE FOLLOWING MEETING IF GIVEN DURING THE MEETING 50

14 COUNCILLORS' INFORMATION FILE 51

* - Indicates Separate Attachments submitted with Agenda.

MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD IN THE COUNCIL CHAMBERS, CIVIC PLACE, STIRLING ON TUESDAY 18 AUGUST 1998 AT 7.02PM.

Present:

Mayor

Councillor D C Vallelonga JP

 

Deputy

Councillor R M Willox JP

 

Councillors

D Boothman, T W Clarey, J Copley JP, R J Daniel, B R Ham, G Italiano, G Maio, E S Martin, A A Spagnolo JP, W M Stewart, T J Tyzack

 

Officers

Acting Chief Executive Officer - R A Constantine, Executive Manager Works/Business Units - R Moody, Executive Manager Community Development - J Glover, Communications Co-ordinator - P Flynn, Manager Administrative Services - C Watts and Senior Administration Officer - C Evans

 

Public

85

 

Press

2

APOLOGIES

Councillor J M Camilleri (Granted Leave of Absence).

DECLARATION OF FINANCIAL INTEREST

Councillor Stewart declared a financial interest in Item 10.1/CS2.

ITEM: 1 QUESTION TIME

Q1.1 S M Pope, 46 Everingham Street, Carine

The School's Parents and Teachers are aware of the hazards on Everingham Street and have shown their support of the temporary closure in writing to the Council.

Are the Councillors aware of the high number of actual accidents and "near misses" involving school children in the area? And if so, I would like to know why this does not appear to have been brought to the Council's attention in the report?

Q1.2. K Wilson, 69 Osmaston Road, Carine

Was pedestrian safety, in particular the safety of school children attending Carine High School, Primary and Pre-primary schools, an important consideration by the Council's Technical Services Committee to warrant the closure of Everingham Street, Carine and if so what steps will Council now take to satisfy its concerns and the concerns of parents and teachers regarding the issue of safety?

Q1.3 M Rose, 56 Everingham Street, Carine

Are the councillors aware of the high number of actual accidents and near misses involving school children in the area?

Q1.4 W Barsby, 39 Everingham Street, Carine

The Primary School's and High School's P&C represent hundreds of concerned parents and their children. Are the opinions of these people being ignored?

Q1.5 S Dailey, 67 Osmaston Road, Carine

What expert opinion was taken into account when making the decision to cancel the trial closure of Everingham Street?

Q1.6 C and S Winton, 52 Everingham Street, Carine

Although we admit to most directly benefiting from the closure, we are also adversely affected in that we would be required to drive either north or west to proceed to points east or south of our home. This would mean adding between 500 metres and 1 kilometre to every journey by car originating at, or ending at, 52 Everingham Street. However, we believe the closure will be for the greater good of the whole of Carine by diverting inter-suburban through traffic away from residential streets in "West Carine" and Clement Drive, Karrinyup, and away from the Primary and Secondary schools in Osmaston and Everingham Streets.

Why has Council not let natural justice prevail? Why has Council not allowed the closure to occur? Surely a more informed decision as to the effects of a closure can only be assessed by the City Engineer once data (as opposed to uninformed speculation) has been compiled on pre and post-closure traffic movements in the area?

If Council is determined not to allow the closure of Everingham Street as planned, what traffic calming methods/devices are going to be implemented/installed to ensure that further deaths and injuries do not occur in Everingham Street as a result of high speed through traffic? I give as a precedent the traffic calming devices installed on the roads adjacent to Scarborough Senior High School.

Q1.7 B Crooks, 3 Lorraine Street, Carine

Have the Council taken into consideration their "Duty of Care" to the children living in the area and those attending the schools, when deciding not to proceed with the trial closure?

Q1.8 J and G Davis, 103 Osmaston Road, Carine

We would like to know if the Council is aware of the dramatic reduction of traffic in Osmaston and Everingham Streets on the 10th and 11th of August due to the public's assumption of the closure as per the public notice.

(a) This being the case, is the Council prepared to concede that simply the threat of the proposed closure eased traffic dramatically in the area and therefore, should proceed without delay?

(b) Or, are Council determined to stand by their decision forced upon them by a minority group who appear to selfishly place convenience above the safety of children in the schools?

Q1.9 A Cornelius, 65 Silica Road, Carine

Can the Council explain why the presence of the public, at the last Council meeting, appeared to override the recommendations of the Technical Services Committee and caused Council to disrupt due process?

Q1.10 G England, 26 Osmaston Road, Carine

If the Reid Highway is not going through in the immediate future what action is the Council taking to introduce traffic calming measures in the area?

Q1.11 E J and R W Whitfield, 6 Holmesfield Crescent, Carine

As the traffic issues in West Carine are a local safety, social and environment issue, why are non Ward Councillors not supporting this fellow Hamersley and Coastal Ward Councillors in their attempts to deal with these issues sensibly?

Q1.12 A Strahan, 80 Everingham Street, Carine

It appears to me that Council aborted the trial closure of Everingham Street on hypothetical evidence from a minority group. Does the Council make all decisions this way?

Q1.13 M J Bartlett, 29 Osmaston Road, Carine

The decision for the non trial closure of Everingham Street is unacceptable, we would like this to be put back on the agenda. What do we as residents need to do to make this happen and how many people do we need to bring to this and subsequent meetings to ensure the trial closure commences without delay?

Q1.14 S Fare, 72 Everingham Street, Carine

The written response figures provided to Council were 131 for and 103 against the trial closure of Everingham Street. Why did Council ignore these figures and respond to mob lobbying at the Council meeting?

Q1.15 J Hatcher, 47 Everingham Street, Carine

If "after the date" submissions caused the Council concern, why was the temporary closure not put to additional consultation as requested by Hamersley and Coastal Ward Councillors, instead of the motion being rejected on the day?

Q1.16 S McAuliffe, 19 Osmaston Road, Carine

From the public notice from the Council I understood that all submission had to be in writing by the 10th of July 1998, therefore what and why was any validity given to any petition handed in after that date?

The Executive Manager Works/Business Units provided the following general response to the questions.

· the reasons for Councillors supporting or not supporting the recommendations from the last Technical Services Committee can only be addressed by individual Councillors.

· the City is aware of reported accidents on Everingham Street but near misses are not reported so Council is unaware of these occurrences.

· the safety of school children was taken into account in terms of the reports presented to Council.

· opinions on the proposed trial closure were obtained from relevant state government agencies and Emergency Services. Most of the agencies opposed the closure.

· there is no proposal for traffic calming measures as yet, however feedback is expected at the electors meeting on 27 August 1998, and then a report will be presented to Council outlining options.

· the City is not aware of reduced volumes of traffic in the first few days the trial closure was due to commence.

· the City is still waiting for a response from the Minister for Transport concerning the construction timetable for Reid Highway.

Q1.17 Ms Carmody, 352 West Coast Drive, Trigg

(1) Has settlement occurred on 354 West Coast Drive, Trigg? (Trigg Point)

(2) When is settlement of compensation payed by the ratepayers of Stirling likely to occur?

A1.17 The Acting Chief Executive Officer advised that settlement has not occurred. The property was resumed by the Council and the ownership of the property was transferred to the City. That sets in motion the opportunity for claims for compensation and negotiation between the parties. Settlement will occur on the outcome of the negotiations.

(3) Has compensation been sought?

The Executive Manager Community Development advised a claim for compensation has not been received by the City.

(4) At Council on 21 July 1998, Council voted to demolish the dwelling after settlement. In a letter in the Community News (18/8/1998 issue) it stated that the house was going to be demolished in early September. Isn't this a contradiction?

Q1.18 G Wilkins, Carine

In relation to the public meeting to be held on 27 August 1998, the agenda doesn't deal with the Everingham Street trial closure. Is there any response on that?

A1.18 The Executive Manager Works/Business Units advised that it is very difficult to separate traffic issues in Karrinyup/Carine and it was likely it would be considered.

Q1.19 C Winton, Everingham Street, Carine

It appears that the public meeting to be held on 27 August 1998 is a Karrinyup traffic matter, as it does not refer to anything north of North Beach Road. Are all residents invited?

A1.19 The Mayor advised that anyone can attend a public meeting.

Q1.20 V Thomas, Clement Drive, Karrinyup

Is the local member and a representative from Main Roads Western Australia attending the public meeting?

A1.20 The Mayor advised that invitations have been extended to the local members and to Main Roads Western Australia.

Q1.21 J Barsby, Everingham Street, Carine

There is a notice in the Karrinyup Library advising of the public meetings and inviting Karrinyup residents to attend. Can the notice please be removed and re-written to include Karrinyup and Carine and the agenda be changed?

Q1.22 G Munday, 1 Everingham Street, Carine

Q1. Will Council grant the residents a public meeting to discuss the issues?

A1. The Mayor advised a public meeting can be requested.

Q2. As elected representatives for the ratepayers, how can the Council justify not running the trial closure of Everingham Street in the face of overwhelming support by both school P&C's which represents many hundreds of parents. Afterall the paramount issue here is child safety.

Q3. How many dead or maimed children on Everingham, Silica or Osmaston will it take for council to listen to the facts and close Everingham Street?

A2&3 The Mayor advised all comments have been noted and will be taken on board.

Q1.23 R Nichols

Why was the recommendation from the Technical Services Committee on 28 July 1998 abandoned?

A1.23 The Executive Manager Works/Business Units advised the question couldn't be answered without asking each individual Councillors the reason for their decision on the night.

Q1.24 L Hatchett, Everingham Street, Carine

Why were the street signs advertising the trial closure erected and then ignored?

A1.24 The Executive Manager Works/Business Units advised the signs were erected to inform the public of the proposed trial closure. The purpose of the signs was to invite comment. A report was provided to Technical Services Committee based on public feedback. The Committee then made a recommendation to Council, and a decision was made. The signs were removed after Council made its decision not to proceed.

ITEM: 2 CONFIRMATION OF MINUTES

2.1 ORDINARY MEETING OF COUNCIL - 4 AUGUST 1998

ITEM: 2.1

SUBJECT ORDINARY MEETING OF COUNCIL - 4 AUGUST 1998

Moved Councillor Spagnolo, seconded Councillor Italiano

That the Mayor sign the Minutes of the Ordinary meeting of Council of 4 August 1998 as a true and correct record of proceedings.

The motion was put and declared CARRIED.

ITEM: 3 BUSINESS ARISING FROM THE MINUTES

Nil.

ITEM: 4 APPLICATION FOR LEAVE OF ABSENCE

Moved Councillor Daniel, seconded Councillor Stewart

That Councillor Boothman be granted Leave of Absence for the period 22 August to 2 September 1998 inclusive.

The motion was put and declared CARRIED.

ITEM: 5 ANY BUSINESS LEFT OVER FROM THE PREVIOUS MEETING

Nil.

ITEM: 6 QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN WITHOUT
DISCUSSION

Nil.

ITEM: 7 ANY ORDINARY BUSINESS WHICH THE MAYOR WISHES TO PLACE
BEFORE THE MEETING