CITY OF STIRLING
MINUTES

ORDINARY MEETING OF COUNCIL
16 MARCH 1999

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TABLE OF CONTENTS

ITEM SUBJECT/LOCATION/NAME PAGE
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1* QUESTION TIME 0

2 CONFIRMATION OF MINUTES 3

3 BUSINESS ARISING FROM THE MINUTES 4

4 APPLICATION FOR LEAVE OF ABSENCE 4

5 ANY BUSINESS LEFT OVER FROM THE PREVIOUS MEETING 4

6 QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN WITHOUT DISCUSSION 4

7 ANY ORDINARY BUSINESS WHICH THE MAYOR WISHES TO PLACE BEFORE THE MEETING 4

8 PETITION AND DEPUTATIONS PRESENTED BY MEMBERS 4

9 LATE & URGENT BUSINESS - INCLUDING THOSE ITEMS WHICH COUNCILLORS

10 REPORTS OF COMMITTEE 9

MEETING OF THE COMMUNITY SERVICES COMMITTEE OF 09 MARCH 1999

10.1/CS1 ATTENDANCE AT THE JOINT CONFERENCE OF THE AUSTRALIAN

10.1/LS1 DESIGNATING A LOCAL PLAYGROUND/FIRST-NANHOB RESERVE,

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ITEM SUBJECT/LOCATION/NAME PAGE
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10.1/LS2* ANNUAL SPORT AND RECREATION INDUSTRY CONFERENCE - 26

10.1/LS3 MANAGEMENT LICENCE REAPPLICATION/DRYANDRA COMMUNITY

10.1/LS4* MINUTES OF MEETING/BALGA COMMUNITY DEVELOPMENT

10.1/LS5 REQUEST FOR FINANCIAL ASSISTANCE/CENTRAL AVENUE, MT LAWLEY/

10.1/LS6* TURF WICKET CRICKET FACILITY ESTABLISHMENT 10

10.1/LS7 CHRISTMAS AT SCARBOROUGH 1999/SCARBOROUGH BEACH

10.1/LS8* 1999-2000 ARTS AND FESTIVALS PROGRAM 11

10.1/LS9* PLAYGROUND UPGRADING SCHEDULE - 1999-2000 11

10.1/LS10 INGLEWOOD AQUATIC CENTRE REDEVELOPMENT PROJECT

10.1/LS11 PROJECT MANAGEMENT STRUCTURE AND IMPLEMENTATION OF

MEETING OF THE TOWN PLANNING AND STATUTORY SERVICES COMMITTEE OF 09 MARCH 1999

10.2/H1 LEGAL PROCEEDINGS REPORT FEBRUARY 1999 13

10.2/H2 HOUSE UNFIT FOR HUMAN HABITATION/LOT 563 HN 154 EDWARD

10.2/B1* PRINCIPAL BUILDING SURVEYOR'S REPORT - FEBRUARY 1999 14

10.2/B2 UNAUTHORISED BUILDING WORK - LOT 6130/HN 18 WEYDALE

10.2/B3 PROPOSED GARAGE PARAPET WALL/LOT 18 HN 3 ALTURA RISE,

10.2/B4 RETAINING WALL DISPUTE/HN 301 AND 303 WEST COAST DRIVE, TRIGG/

10.2/B5 BRICK RETAINING WALL/LOT 203 HN 103 SECOND AVENUE, MT LAWLEY

10.2/B6 PROPOSED CARPORT PARAPET WALL/LOT 83 HN 11 MALTON

10.2/B7 PROPOSED SECOND STOREY ADDITION/LOT 350 HN 27 ALVAN

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ITEM SUBJECT/LOCATION/NAME PAGE
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10.2/B8 COMMON SIDE BOUNDARY SETBACK VARIATION/LOT 148 HN 35

10.2/B9 PROPOSED DWELLING AND CARPORT/LOT 77 HN 154 CRAWFORD ROAD,

10.2/B10 NON CONFORMING GARAGE AND PARAPET WALL TO DETACHED

10.2/B11 PROPOSED WINDMILL SIGN/LOT 1 HN 194 BALCATTA ROAD CNR

10.2/LA1 PROPOSED ROAD CLOSURE, TRUNCATION ABUTTING PT LOT 9 HN 181

10.2/LA2 PARTIAL SURRENDER OF DRAINAGE EASEMENT - LOT 14/HN 29

10.2/LA3 PROPOSED ROAD CLOSURE - PORTION OF WEST COAST DRIVE, TRIGG/

10.2/LA4 PROPOSED SALE OF PORTION OF DRAINAGE SITE/PORTION OF

10.2/LA5 PROPOSED CLOSURE OF PEDESTRIAN ACCESS WAY (P.A.W.)

10.2/LA6 PROPOSED DEDICATION OF NEW ROAD - REALIGNED OSWALD STREET,

10.2/PL1 MANAGER'S REPORT - FEBRUARY 1999 21

10.2/PL2 DISTRICT PLANNING SCHEME NO 2, AMENDMENT NO. 339/LOT PT 5

10.2/PL3 DISTRICT PLANNING SCHEME NO. 2, AMENDMENT NO. 349/LOT 2

10.2/PL4 RECYCLING/WASTE TRANSFER FACILITY/LOT 11 HN 11

10.2/PL5 SCREENED AREA/LOT 81 HN 72 ERINDALE ROAD, BALCATTA/

10.2/PL6 RELAXATION OF SCHEME REQUIREMENTS - TWO GROUPED

10.2/PL7 PARAPET WALLS ON BOUNDARY/LOT 66 HN 11 YORK STREET,

10.2/PL8 REZONING PUBLICATION BUSINESS/LOT 22 HN 132 ARKANA ROAD,

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ITEM SUBJECT/LOCATION/NAME PAGE
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10.2/PL9 PROPOSED ADDITIONAL CROSSOVER & REORIENTATION OF A CARPORT/

10.2/PL10 EXTENSIONS AND ALTERATIONS TO EXISTING FACTORY/LOT 210,

10.2/PL11* FRONT BOUNDARY WALL/LOT 705 HN 64 LAWLEY CRESCENT

10.2/PL12 TRADE DISPLAY/LOT 60, HN 1 BOOTH PLACE, BALCATTA/CENTURION

10.2/PL13 DISTRICT PLANNING SCHEME NO 2, AMENDMENT NO 344/LOT PTS

10.2/PL14 VARIATION TO RIGHT OF WAY SETBACK/LOT 975 HN 173 WILDING

10.2/PL15 DISTRICT PLANNING SCHEME NO. 2, AMENDMENT NO. 338/LOT 4

10.2/PL16 FLORA TERRACE LOCAL SHOPPING PRECINCT STUDY 27

10.2/PL17* DISTRICT PLANNING SCHEME NO. 2, AMENDMENT NO. 342/LOTS 71,

10.2/PL18 EXTENSIONS AND RENOVATIONS TO PERTH COLLEGE/LOTS 380

10.2/PL19 TOWN PLANNING SCHEME NO.38/STIRLING CITY CENTRE 28

10.2/PL20 PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL AREAS 29

10.2/PL21 MEDICAL CONSULTING ROOMS/LOT 10 HN 698 NORTH BEACH ROAD,

10.2/PL22 10 AGED PERSONS DWELLINGS/LOTS 1 & 2 HN 71 & 69 WANNEROO

10.2/PL23 DISTRICT PLANNING SCHEME NO 2, AMENDMENT NO 343/LOTS 229-231

10.2/PL24 SIX AGED PERSONS DWELLINGS/LOT 122, H.N. 9 QUIN PLACE,

10.2/PL25 HEALTH CLUB AND TERRACE HOUSES/LOTS 108, 109 & 110 (HN's

10.2/PL26 TWO MULTIPLE DWELLINGS/LOT PT 13 HN 160 WEST COAST HIGHWAY,

10.2/PL27 PARKING OF COMMERCIAL VEHICLES/LOT 110, HN 274 ALBERT STREET

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ITEM SUBJECT/LOCATION/NAME PAGE
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10.2/PL28 RELAXATION OF PARKING PROVISIONS - OSBORNE PARK HOTEL/

10.2/PL29 SEVEN AGED PERSONS UNITS/LOTS 880 & 881, H.N'S 193-195 ALICE

10.2/PL30 CHANGE OF USE TO HAIRDRESSING SALON/LOT 116 HN 799

10.2/PL31 CHANGE OF STREET NUMBERS/CENTRAL AVENUE, MOUNT

11 REPORTS OF OFFICERS 35

12 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 42

13 NOTICE OF MOTION FOR CONSIDERATION AT THE FOLLOWING MEETING

14 COUNCILLORS' INFORMATION FILE 42

* - Indicates Separate Attachments submitted with Agenda.

MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD IN THE COUNCIL CHAMBERS, CIVIC PLACE, STIRLING ON TUESDAY 16 MARCH 1999 AT 7.01PM.

Present:

Mayor

Councillor D C Vallelonga JP

 

Deputy

Councillor R M Willox JP

 

Councillors

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

 

Officers

Chief Executive Officer - M J Wadsworth, Executive Manager Works/Business Units - R Moody, Deputy Chief Executive Officer - R A Constantine, Acting Executive Manager Community Development - S Johnson, Communications Co-ordinator - P Flynn, Manager Administrative Services - Craig Watts and Senior Administrative Officer - Claire Evans

 

Public

28

 

Press

2

APOLOGIES

Councillor T W Clarey.

DECLARATION OF FINANCIAL INTEREST

Councillor D C Vallelonga JP declared a Financial Interest in Item 10.2/PL21.

Councillor T J Tyzack declared a Financial Interest in Item 10.2/PL18.

Councillor G Maio declared a Financial Interest in Items 10.2/PL2 and 10.2/PL20.

Councillor R M Willox JP declared a Financial Interest in Item 10.2/PL23.

ITEM: 1* QUESTION TIME

Written Questions

1.1 Mr G Edgar - President - Hamersley/Carine Cricket Club

Q1 Is the Council familiar with the turf training facility at Jones Paskin Reserve?

A1 Yes. The facility currently comprises clubrooms (held under a management licence by Balcatta Cricket Club) synthetic practice nets, turf practice nets and brick storage shed.

Q2 Did Council ever direct the Balcatta Cricket Club regarding the likely long term outcome of installing a turf training facility (ie it did or did not guarantee future consideration of an extension of that facility?)

A2 No. Council did not guarantee or consider any extension of the turf practice wickets when they were installed.

Q3 Is Council aware that the Hamersley/Carine Cricket Club has been successful in gaining Ministry of Sport funding of $15,000?

A3 Yes. Advised to Council in reports of the Acting Executive Manager Community Development dated 14 January 1999 and 4 March 1999.

Q4 Is Council aware that the funding application of the Hamersley/Carine Cricket Club was broken into 3 parts, being for

1. erection of storage shed and acquisition of maintenance equipment
2. installation of turf training facility
3. installation of a turf centre wicket

A4 Yes. Application (copy attached) requested financial assistance from the City for:

1. turf centre wicket
2. shed and maintenance equipment
3. turf training nets

However, the amount requested was for an overall figure of $10,000.

Q5 Is Council aware that the Hamersley/Carine Cricket Club could lose their funding from the Ministry of Sport, if it was forced to wait a further 2 or 3 years prior to using the funds?

A5 Yes. The funding granted by the Ministry of Sport and Recreation was against the City's recommendation that the Club's application not be supported.

Q6 Is Council aware that the installation of turf training facilities at Monyash Reserve (much like those at Jones Paskin Reserve) would stand beside the existing concrete training nets, and would therefore not interfere with the existing usage of the "general use" cricket nets?

A6 Yes. Council is not prepared to approve any development on the site at this stage.

Q7 Would Council consider granting approval for the go ahead of parts 1 and 2 of Hamersley Carine Cricket Club's application?

A7 No. The overall situation can be reviewed after an evaluation of the centre turf wicket at Jones Paskin Reserve, after twelve months of operation.

1.2 Mr C M Bruce, 12(A) Windsor Court, Balcatta.

GREEN WASTE MULCHING AND COMPOSTING PROCESS AND STORAGE

Q1 In light of the complaints made by ratepayers in the areas bounding this site and petition presented by Cr Italiano, what on going action is to be taken to remove this process which represents a health hazard and disruption to residents in this area.

A1 The Executive Manager Works/Business Units, Ross Moody advised the operations at the Balcatta Transfer Station is the shredding of green waste and mulching of tree prunings. The process has been in operation for over ten years, and is not composting. The City is currently investigating ways of reducing the size of the stockpile of mulch more quickly. The Executive Manager Works/Business Units advised that complaints will be investigated and a report presented to Council in due course.

1.3 Mr K Lenke, 29 Newborough Street, Scarborough

Q1 Why has Councillor Stewart refused to acknowledge and reply to all my efforts to contact you regarding our swimming pool issue since your visit to our property on the 15 August 1997.

A1 Councillor Stewart advised that the matter has been referred to and dealt with by the Council officers. Councillor Stewart advised that the applicant has received correspondence from the City to deal with the issue accordingly.

Q2 Why has the Council stalled on pursuing with legal action against myself since issuing a summons in December? Is it the intention of the Council not to pursue before the coming elections and thereby avoid embarrassing and damaging publicity which could affect re-election of certain candidates.

A2 The Deputy Chief Executive Officer advised that a summons was issued with respect to the outstanding rates on the property in late 1998. Action has been halted on the matter as the two issues are separate and not related.

1.4 Mr J Geneff, 36 Geneff St, Innaloo

Q1 Has the City purchased the land for south extension of Odin Road?

A1 The Acting Executive Manager Community Development advised the City has purchased the land for the southern extension of Odin road.

Q2 What precinct will this be part of?

A2 The Acting Executive Manager Community Development the land is in Precinct 7 and payable by Precinct 7 and 8.

Q3 Is the new Oswald Street in Precinct 4 included in that Precinct net land area?

A3 The Acting Executive Manager Community Development advised the new Oswald Street Precinct 4 is not included in net land area.

Q4 Is that part of Scarborough Beach Road in Precinct 6 included in that Precinct?

A4 The Acting Executive Manager Community Development advised this is also not included in net land area. Net land area does not include any existing or future road.

Q5 Have accounts been raised for MRD and WAPC for contribution costs?

A5 The Acting Executive Manager Community Development advised that accounts have been raised, the WAPC has paid their costs.

Q6 Has the City raised contribution accounts for various land holdings in its possession in Precinct 4, 6 or 7?

A6 The Acting Executive Manager Community Development advised these accounts have also been raised.

1.5 Ms N Wellington, 7/11 Burwood Road, Balcatta.

Q1 What does Council intend to do about the noise problem given that I have been advised that the noise reading taken on Monday 15 March 1999 was over the permissible level?

A1 The Acting Executive Manager Community Development advised that Councillors have been provided with noise readings taken at the property indicating there is a problem. It is up to Council to decide what to do, the recommendation on the agenda requests the matter be held over pending further information on the non-conforming use on the property.

Q2 Is Council aware that my initial complaint was made over four months ago and if so do you think it is unreasonable for me to request a Noise abatement notice be issued instructing the owner of the vehicle not to start prior to 7:00am immediately?

A2 The City is aware the complaint was lodged over 4 months ago. Sometimes difficult situations take time to resolve.

Q3 If Council intends to back trek to the verbal agreement made on 28 January 1999 between Council officers and the truck owners, given that no attempt was made by the truck owner to comply with the request how does Council intend to enforce this?

A3 The verbal agreement was intended to relieve the situation while investigations were under way. It has now been established a problem exists.

Q4 Previous legal advice given to the City on Section 2.2.9 of the Town Planning Scheme No 2 stated `the current clause is considered to be the best of its type contained in any Town Planning Scheme in the state', enabling action to be taken if a nuisance exists. Does Council intend to adhere to its scheme?

A4 Council will need to decide either at this meeting or at its meeting on 20 April 1999 what it will do with respect to the matter.

Verbal Questions

1.6 Mr S Reid, 78 Fifth Avenue, Mt Lawley

Q1 In relation to the numbers of people expected to use the health club, have all Councillors been made aware of information from the Body Club and Fitness Express relating to peak hour membership?

A1 The Acting Executive Manager Community Development advised copies of letters had been received and some information incorporated in the report.

Q2 Has there been any assessment on the impact of traffic flow on John Street, fifth Avenue or Ingleton Lane? Has the assessment included the affect on the Primary School children using the crossing on Third Avenue and Beaufort Street?

A2 The Acting Executive Manager Community Development advised the matter has been discussed with the City's Engineering Section but was not aware of exact details.

Q3 Is it correct that BSD Consultants have carried out some traffic Studies on behalf of the developer?

A3 Yes.

Q4 Is this the same BSD Consultants who did the traffic assessment of the same intersection for the McDonalds development?

A4 Yes.

1.7 Mr M Bruce, Windsor Court, Balcatta.

Q1 With respect to the Mulch stockpile does the City agree the environmental authority stopped the Council from landfilling green waste, resulting in processing more green waste now than in the past?

A1 The Executive Manager Works/Business Units advised he does not have a historic knowledge of the situation, however the issue does revolve around the amount of material being stockpiled and steps are being taken to address the situation. It is expected to be reported to the April Technical Services Committee.

ITEM: 2 CONFIRMATION OF MINUTES

2.1 ORDINARY MEETING OF COUNCIL - 02 MARCH 1999

ITEM: 2.1

SUBJECT ORDINARY MEETING OF COUNCIL - 02 MARCH 1999

Moved Councillor Spagnolo, seconded Councillor Stewart

That the Mayor sign the Minutes of the Ordinary meeting of Council of 02 March 1999 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

Nil.

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