CITY OF STIRLING

MINUTES

ORDINARY MEETING OF COUNCIL
19 MARCH 2002

TABLE OF CONTENTS

ITEM SUBJECT/LOCATION/NAME PAGE

1 PUBLIC QUESTION TIME 1

2 APOLOGIES AND LEAVE OF ABSENCE 1

3 CONFIRMATION OF MINUTES 1

4 BUSINESS ARISING FROM THE MINUTES AND NOT APPEARING SEPARATELY

5 APPLICATION FOR LEAVE OF ABSENCE 2

6 MAYORAL BUSINESS 2

7 BUSINESS LEFT OVER FROM THE PREVIOUS MEETING 2

8 QUESTIONS WITH NOTICE WITHOUT DISCUSSION 3

9 PETITIONS 3

10 LATE & URGENT BUSINESS 3

11 REPORTS OF COMMITTEE 5

MEETING OF THE TOWN PLANNING AND STATUTORY SERVICES COMMITTEE OF 12 MARCH 2002

11.1/A1 SCARBOROUGH BEACH CAR PARK TRIAL CLOSURES EXTENSION 5

11.1/B1* PRINCIPAL BUILDING SURVEYOR'S REPORT - FEBRUARY 2002 5

11.1/B2 SWIMMING POOL/LOT 36 HN 28 HAYSOM STREET, TRIGG/J R HAWKES 6

11.1/B3 SWIMMING POOL ENCLOSURE - PROSECUTION/LOT 1209 HN 15 WINDSOR AVENUE, DIANELLA/L B VILENSKY 6

11.1/B4 PROPOSED CARPORT/LOT 9 HN 3 WANNDINA AVENUE, DIANELLA/

11.1/B5 PLANNING TRIBUNAL HEARING - APPEAL/LOT 529 HN 16 MARDELLA STREET, COOLBINIA/MR M PRINDIVILLE 7

11.1/LA1* DRAINAGE EASEMENT - STIRLING/LOT 158 HN 50 NEWCOMEN ROAD, STIRLING 7

11.1/LA2* CLOSURE OF PORTION OF SURPLUS ROAD RESERVE, NORTH BEACH/ABUTTING LOTS 526 & 527 (HNS 8 & 10) WILBY STREET, NORTH BEACH/HEENAN, FINDLAY & MEHRENS 8

ITEM SUBJECT/LOCATION/NAME PAGE

11.1/LA3 LAND ACQUISITION - INTERSECTION UPGRADING/MAIN STREET, BALCATTA NORTH OF KARRINYUP ROAD/LUIGI CORICA 8

11.1/LA4* DEDICATION OF PRIVATE ROAD (RIGHT OF WAY 22020) - OSBORNE PARK-JOONDANNA/BETWEEN GARNER LANE AND POWELL STREET, OSBORNE

11.1/LA5* RENTAL OF CITY OF STIRLING OWNED RESIDENTIAL PROPERTIES/VARIOUS PROPERTIES IN BALCATTA & JOONDANNA 9

11.1/LA6 DEED OF COVENANT/LOT 101 HN 52 ERINDALE ROAD, BALCATTA/

11.1/PL1* MANAGER'S REPORT FOR THE MONTH OF MARCH 2002 10

11.1/PL2@ COASTAL MANAGEMENT AND SOCIAL MATTERS AT SCARBOROUGH BEACH/SCARBOROUGH 10

11.1/PL3 CITY OF STIRLING SUBMISSION - STATE SUSTAINABILITY STRATEGY 11

11.1/PL4* DISTRICT PLANNING SCHEME NO. 2 AMENDMENT NO. 404 - REZONING `LOCAL AUTHORITY RESERVATION - PUBLIC OPEN SPACE & LOCAL AUTHORITY PURPOSES' TO `RESIDENTIAL R30'/LOT 6715 HN 16 WOODROW AVENUE YOKINE/CITY OF STIRLING 11

11.1/PL5* DRAFT RIGHTS OF WAY STRATEGY - OUTCOME OF COUNCILLOR

11.1/PL6 CHILD CARE CENTRE/LOT 1614 HN 32 CHIPALA ROAD, WESTMINSTER/

11.1/PL7* NEW STATEMENTS OF PLANNING POLICY 13

11.1/PL8 REVIEW OF THE MUNICIPAL INVENTORY OF HERITAGE PLACES 13

11.1/PL9 INDUSTRIAL SUBDIVISION/LOT 35 HN 5 NEIL STREET, OSBORNE PARK

11.1/PL10* MODIFICATION TO AN EXISTING SCREEN FENCE/LOT 133 HN 225B SWAN

11.1/PL11* HERITAGE ADVISORY COMMITTEE - MINUTES OF MEETING #11 15

11.1/PL12@ REZONING FROM HOTEL TO RESIDENTIAL R40/LOT 1140 HN 100

11.1/PL13 FRONT FENCE AND FENCING ABUTTING THE RIGHT OF WAY/LOT 284,

11.1/PL14* `PATIOS IN UNIT DEVELOPMENTS' POLICY - PROPOSED MODIFICATIONS 16

11.1/PL15* PROVISION OF PUBLIC OPEN SPACE - PROPOSED SUBDIVISION/PORTION

11.1/PL16* TOWN PLANNING SCHEME NO 38 - AMENDMENT NO. 2/STIRLING CITY

ITEM SUBJECT/LOCATION/NAME PAGE

11.1/PL17 TAVERN-BOTTLE SHOP/LOTS 4 & 5, SOUTH EAST CORNER FLORA TERRACE

11.1/PL18 SIGNAGE - BUNNINGS INNALOO/LOT 1 HN 380 SCARBOROUGH BEACH ROAD, INNALOO/MASTERPLAN 18

11.1/PL19 APPLICATION FOR CHANGE OF ADDRESS/LOT 1627 FERRAR STREET,

11.1/PL20* CONSULTANTS BRIEF - SEAS PRECINCT ZONING AND DESIGN GUIDELINES/SCARBOROUGH BEACH PRECINCT 19

11.1/PL21 PLACE OF PUBLIC WORSHIP/LOTS 8 & 9, HN 126 - 128 NOLLAMARA AVENUE, NOLLAMARA/IAN XUYEN LU & ASSOCIATES 19

11.1/PL22*@ CONSTRUCTION OF SEGRAVE STREET/ADJACENT TO SCARBOROUGH

11.1/PL23 PROPOSED PATIO REQUESTING SETBACK CONCESSIONS/LOT 6940 HN (U3)

11.1/PL24 CLOTHING - FOOTWEAR AGENCY/LOT 912, HN 39 GLENELG AVENUE,

11.1/PL25* SURREY STREET LOCAL COMMERCIAL CENTRE URBAN DESIGN STUDY OUTCOMES OF ADVERTISING & ASSOCIATED REQUEST FOR REZONING OF

11.1/PL26 RESTAURANT AND ICE CREAM PARLOUR - NORTH BEACH SHOPPING CENTRE/LOT 502 HN 5 NORTH BEACH ROAD, NORTH BEACH/MAGRO

11.1/PL27* COMMERCIAL DEVELOPMENT/LOTS 6 & 7 HN 80-82 SCARBOROUGH BEACH

11.1/PL28@ TOPSOIL DEPOSIT AND EARTHWORKS/LOT 36 GRIBBLE ROAD, GWELUP

11.1/PL29 REAL ESTATE OFFICE/LOT 1 HN 9 COBBLER PLACE, MIRRABOOKA/COLOSSUS REALTY PTY LTD 24

11.1/PL30* VARIOUS DEVELOPMENT ISSUES/LOT 947 HN 76 NORTHSTEAD STREET, SCARBOROUGH/P STEEL AND L DICKMAN 25

12 ADMINISTRATION REPORTS 26

13 MOTIONS, OF WHICH NOTICE WAS GIVEN BEFORE THE MEETING 26

14 MOTIONS, OF WHICH NOTICE WAS GIVEN DURING THE MEETING, TO BE CONSIDERED AT A LATER MEETING 27

* - Indicates Separate Attachments submitted with Agenda.

@ - INDICATES COUNCILLOR INTEREST.

MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD IN THE COUNCIL CHAMBERS, CIVIC PLACE, STIRLING ON TUESDAY 19 MARCH 2002

Present:

Mayor

Councillor D C Vallelonga JP

 

Deputy

Councillor B R Ham

 

Councillors

D Boothman, J M Camilleri OAM JP, T W Clarey, J Copley JP, R J Daniel, T E Pickard, S Popovski, P L Rose JP, A A Spagnolo JP, W M Stewart, T J Tyzack and R M Willox JP

 

Officers

Chief Executive Officer - L Delahaunty, Deputy Chief Executive Officer - R A Constantine, Executive Manager Works - R Moody, Executive Manager Development - S Johnson, Executive Manager Corporate & Customer Services - C Watts, Executive Manager Community Services - T Holland, Communications Manager - P Beard, Acting Manager Administrative Services - C Evans and Acting Senior Administration Officer - D Simmons

 

Public

7

 

Press

2

DECLARATION OF OPENING OF MEETING

The Mayor declared the ordinary meeting of Council on 19 March 2002 open at 7.05pm.

DISCLOSURE OF INTERESTS

Councillor Daniel - Interest affecting impartiality for Item 11.1/PL18.
Councillor Stewart - Interest affecting impartiality for Items 11.1/PL2, 11.1/PL22 and 11.1/PL28.
- Financial Interest for Item 11.1/PL12.

ITEM: 1 PUBLIC QUESTION TIME

1.1 S Proud, 17 Little Street, Karrinyup

Q1 Is the Council going to provide a representative to attend the Information Open Day at the Scarborough High School open space and if not why not?

A1 The Chief Executive Officer advised that the City had just received notification that Landcorp were going to hold the open day to discuss their plans for the site and that arrangements would be made for an officer to attend.

1.2 M Beaver, 33 Charles Street, Karrinyup

Q1 If the Council holds a referendum is it legally obliged to abide by the referendum's majority decision and what is the requirement for the referendum to be passed?

A1. The Chief Executive Officer advised that a written reply would be provided but stated that a referendum decision is not binding on the Council unless provided for by the Local Government Act.

Q2 If the provisions of the Act are met would the decision be binding on Council?

A2 The Chief Executive Officer advised that if the provisions of the Act were met then the decision would be binding on the Council.

Q3 Can the Council's Building Inspectors monitor Landcorp's development works at the former Scarborough High School site?

A3 The Chief Executive advised that the City would monitor the works, especially on the basis that the City has an interest in the site.

ITEM: 2 APOLOGIES AND LEAVE OF ABSENCE

NIL.

ITEM: 3 CONFIRMATION OF MINUTES

3.1 ORDINARY MEETING OF COUNCIL - 05 MARCH 2002

ITEM: 3.1

SUBJECT ORDINARY MEETING OF COUNCIL - 05 MARCH 2002

Moved Councillor Rose, seconded Councillor Spagnolo

That the Minutes of the Council meeting of 5 March 2002 be confirmed, and signed by the Mayor as a true and correct record of proceedings subject to Item 11.1/ED7 being amended to read as follows:-

ITEM: 11.1/ED7 FILE: 6.4.0.0/4.4.5.1

SUBJECT SEATING WITHIN THE CITY OF STIRLING

The Committee Recommends to Council

That the Executive Manager Works hold discussions with Seat Ads (WA) Pty Ltd and other suppliers regarding options to upgrade the current style of seating within the City of Stirling and the outcome be REPORTED to the April meeting of the Technical Services Committee.

Moved Councillor Willox, seconded Councillor Pickard

That the Executive Manager Works hold discussions with Seat Ads (WA) Pty Ltd and other suppliers regarding options to upgrade the current style of seating within the City of Stirling and the outcome be REPORTED to the April meeting of the Technical Services Committee together with a report outlining the contractors performance and the measures in place to review the same and to include the total seats provided with advertising versus the total number of seats without advertising.

The motion was put and declared CARRIED.

ITEM: 4 BUSINESS ARISING FROM THE MINUTES AND NOT APPEARING SEPARATELY IN THE AGENDA

Moved Councillor Tyzack, seconded Councillor Daniel

That Item 11.2/A2 be REFERRED back to the Policy, Corporate Planning, Budget and Finance Committee.

The motion was put and declared CARRIED.

ITEM: 5 APPLICATION FOR LEAVE OF ABSENCE

Moved Councillor Copley, seconded Councillor Pickard

That Councillor Clarey be granted Leave of Absence from 4 to 11 April 2002.

The motion was put and declared CARRIED.

ITEM: 6 MAYORAL BUSINESS

NIL.

ITEM: 7 BUSINESS LEFT OVER FROM THE PREVIOUS MEETING

NIL.

ITEM: 8 QUESTIONS WITH NOTICE WITHOUT DISCUSSION

NIL.

ITEM: 9 PETITIONS

NIL.

ITEM: 10 LATE & URGENT BUSINESS

Moved Councillor Daniel, seconded Councillor Ham

That Items 10.1 and 10.2 be HELD OVER to the end of the meeting and discussed behind closed doors, in accordance with Section 5.23(2)(a) of the Local Government Act 1995 as Items 10.1 and 10.2 relates to matters affecting employees.

The motion was put and declared CARRIED.

ITEM: 10.1 FILE: 3.4.0

SUBJECT STAFF MATTERS - APPOINTMENT OF MANAGER CLIENT SERVICES & MANAGER COMMUNITY SAFETY

REPORT Chief Executive Officer - 15 March 2002

Moved Councillor Spagnolo, seconded Councillor Copley

That Mr Darren Simmons be appointed to the position of Manager Client Services, based on the City's standard 5-year employment contract.

The motion was put and declared CARRIED.

Moved Councillor Stewart, seconded Councillor Daniel

That Mr Laurie Crouch be appointed to the position of Manager Community Safety, based on the City's standard 5-year employment contract.

The motion was put and declared CARRIED.

Moved Councillor Clarey, seconded Councillor Willox

That authority be GIVEN to the Chief Executive Officer to use the City's Common Seal for the Employment Contract between the City and the appointees.

The motion was put and declared CARRIED.

RECOMMENDATION TO COUNCIL

1. That Mr Darren Simmons be appointed to the position of Manager Client Services, based on the City's standard 5-year employment contract.

2. That Mr Laurie Crouch be appointed to the position of Manager Community Safety, based on the City's standard 5-year employment contract.

3. That authority be GIVEN to the Chief Executive officer to use the City's Common Seal for the Employment Contract between the City and the appointees.

ITEM: 10.2 FILE: 3.4.0

SUBJECT STAFF MATTERS - SENIOR MANAGEMENT CONTRACTS

REPORT Chief Executive Officer - 15 March 2002

Moved Councillor Stewart, seconded Councillor Copley

1. That the Council APPROVE the following contract extensions:

Mr Rod Constantine be offered a three (3) year extension to his existing contract to 7 July 2005;

Mr Ross Moody be offered a three (3) year extension to his existing contract to 12 October 2005;

2. That authority be GIVEN to the Chief Executive Officer to finalise acceptable performance criteria with the officers concerned and use the City's Common Seal for the employment contracts.

The motion was put and declared CARRIED.

RECOMMENDATION TO COUNCIL

1. That the Council APPROVE the following contract extensions:

· Mr Rod Constantine be offered a three (3) year extension to his existing contract to 7 July 2005;

· Mr Ross Moody be offered a three (3) year extension to his existing contract to 12 October 2005;

2. That AUTHORITY be given to the Chief Executive Officer to finalise acceptable performance criteria with the officers concerned and use the City's Common Seal for the employment contracts.

ITEM: 11 REPORTS OF COMMITTEE

Items from the Town Planning and Statutory Services Committee were discussed in the following order:

11.1/A1, 11.1/LA4, 11.1/LA5, 11.1/PL2, 11.1/PL5, 11.1/PL10, 11.1/PL12, 11.1/PL13, 11.1/PL14, 11.1/PL15, 11.1/PL17, 11.1/PL20, 11.1/PL22, 11.1/PL26, 11.1/PL27, 11.1/PL28 and 11.1/PL30.