CITY OF STIRLING
ORDINARY MEETING OF COUNCIL
17 OCTOBER 2000
TABLE OF CONTENTS
ITEM SUBJECT/LOCATION/NAME PAGE
1 PUBLIC QUESTION TIME 1
2 APOLOGIES AND LEAVE OF ABSENCE 3
3 CONFIRMATION OF MINUTES 3
3.1 ORDINARY MEETING OF COUNCIL - 3 OCTOBER 2000 3
4 BUSINESS ARISING FROM THE MINUTES AND NOT APPEARING SEPARATELY
IN THE AGENDA 3
5 APPLICATION FOR LEAVE OF ABSENCE 3
6 MAYORAL BUSINESS 3
7 BUSINESS LEFT OVER FROM THE PREVIOUS MEETING 4
8 QUESTIONS WITH NOTICE WITHOUT DISCUSSION 4
9 PETITIONS 7
9.1 COUNCILLOR VALLELONGA - AMELIA HEIGHTS PRE-SCHOOL BUILDING 7
9.2 COUNCILLOR DANIEL - AVOCADO DRIVE, DIANELLA 7
9.3 COUNCILLOR DANIEL - BIRKETT STREET, DIANELLA 7
9.4 COUNCILLOR DANIEL - INGLEWOOD AFTER SCHOOL CARE CENTRE 8
9.5 COUNCILLOR ITALIANO - TELECOMMUNICATION FACILITY AT
INTERSECTION OF KARRINYUP ROAD AND MITCHELL FREEWAY 8
9.6 COUNCILLOR MARTIN - WILBERFORCE STREET, NORTH BEACH 8
9.7 COUNCILLOR BOOTHMAN - CLOSURE OF BANKS THROUGHOUT CITY OF STIRLING 8
10 LATE & URGENT BUSINESS 9
10.1 CLOSURE OF A FOOTWAY - TRIGG/BETWEEN ELLIOTT ROAD AND
KARRINYUP ROAD, TRIGG/MACNAUGHTON, BURTON & GARSWOOD 9
10.2 TELECOMMUNICATION SLIMLINE MONOPOLE/RESERVE 1115 HN 2
HANCOCK STREET, NOLLAMARA/RIZZO & ASSOCIATES 10
10.3 COUNCILLOR SPAGNOLO- QUESTION ON NOTICE WITHOUT DISCUSSION - SUBMITTED 6 OCTOBER 2000 12
10.4 COUNCILLOR SPAGNOLO- QUESTION ON NOTICE WITHOUT DISCUSSION - SUBMITTED 12 OCTOBER 2000 13
ITEM SUBJECT/LOCATION/NAME PAGE
11 REPORTS OF COMMITTEE 14
MEETING OF THE TOWN PLANNING AND STATUTORY SERVICES COMMITTEE OF
10 OCTOBER 2000
11.1/A1 * COMMITTEE ACTION LIST 14
11.1/A2 * NEW GRANDSTAND - INGLEWOOD UNITED SOCCER CLUB (INC) 14
11.1/H1 POLLUTION ABATEMENT NOTICE/LOT 110 HN 274 ALBERT STREET, BALCATTA/CARMELO IOPPOLO & CHARLES GIGLIA 15
11.1/H2 VARIATION OF CONDITION OF LICENCE/WEST COAST HIGHWAY, SCARBOROUGH/RENDEZVOUS OBSERVATION CITY HOTEL 15
11.1/H3 EXTENDED TRADING PERMIT - CIVIC HOTEL/LOT 23 HN 981 BEAUFORT STREET, INGLEWOOD/MITCHELL JAMES HOLDINGS PTY LTD 16
11.1/B1* PRINCIPAL BUILDING SURVEYOR'S REPORT - SEPTEMBER 2000 16
11.1/B2 GARAGE IN NON//LOT 508 HN 228 ODIN DRIVE, STIRLING/M & G SIMONOSKI 17
11.1/B3 PROPOSED CARPORT (LOT 53) /HN 12 CROWCOMBE WAY, KARRINYUP/
R & D BISHOP 17
11.1/B4 PROPOSED - CARPORT (LOT 460) /HN 28 WEYDALE STREET, DOUBLEVIEW/
A D & S MARTIN 18
11.1/B5 CARPORT IN NON//LOT 398 HN 30 CARRICK STREET, WOODLANDS/A SUTTON 18
11.1/B6 * DEMOLITION OF DWELLING WITHIN THE MENORA HERITAGE PROTECTION AREA/LOT 221 HN 23 ELSTREE AVENUE, MENORA/MR B AND MRS D ULMER 19
11.1/B7 PROPOSED TWO STOREY DWELLING/LOT 68 HN 28 BENNION STREET, TRIGG/
S & B CARMODY 19
11.1/B8 GARAGE IN NON//LOT 38 HN 168 ELLIOTT ROAD, SCARBOROUGH/C McMANUS 20
11.1/B9 GARAGE IN NON//LOT 106 HN 49 BOURNEMOUTH PARADE, TRIGG/
SW & TA EVANS 20
11.1/B10 * REVIEW OF DIVIDING FENCES ACT 1961 21
11.1/LA1 DEDICATION OF PRIVATE ROAD (RIGHT OF WAY 16017) - DOUBLEVIEW/
BETWEEN ALICE STREET AND WILDING STREET, DOUBLEVIEW, NORTH OF SCARBOROUGH BEACH ROAD 21
11.1/LA2 DEDICATION OF A PRIVATE ROAD (RIGHT OF WAY 15052) - SCARBOROUGH/BETWEEN NORTHSTEAD STREET AND WESTVIEW STREET, SCARBOROUGH, SOUTH OF SCARBOROUGH BEACH ROAD 21
11.1/LA3 DEDICATION OF PRIVATE ROAD (RIGHT OF WAY 16044) - DOUBLEVIEW/
BETWEEN THE ARCADE AND ST BRIGID'S TERRACE, DOUBLEVIEW, SOUTH
OF, AND PARALLEL TO, SCARBOROUGH BEACH ROAD 22
11.1/LA4 DEDICATION OF PRIVATE ROAD (RIGHT OF WAY 16038) - DOUBLEVIEW/BETWEEN FLAMBOROUGH STREET AND HANCOCK STREET, DOUBLEVIEW, SOUTH OF SCARBOROUGH BEACH ROAD 23
ITEM SUBJECT/LOCATION/NAME PAGE
11.1/LA5 CLOSURE OF FOOTWAY RESERVE 26718 - NOLLAMARA/BETWEEN FLINDERS STREET AND KWEDA WAY, NOLLAMARA/OUR LADY OF LOURDES PARISH 23
11.1/LA6 DEED OF COVENANT - TRANSFER OF LOT - TOWN PLANNING SCHEME NO. 36/
LOT 110 (HN 274) ALBERT STREET, BALCATTA/C ZAINA, EXECUTOR OF THE
ESTATE OF MR C IOPPOLO 24
11.1/LA7 * ROAD CONSTRUCTION/SEGRAVE STREET, GWELUP 24
11.1/LA8 RESUMPTION OF LAND/PORTION OF PERTHSHIRE LOC AU (HN 764) KARRINYUP ROAD, BALCATTA/MR AND MRS A NIBALI 25
11.1/LA9 CANCELLATION OF S20A RECREATION RESERVE NO 43502/HN 95 HAMILTON STREET, OSBORNE PARK - HAMILTON LAKES PRECINCT 25
11.1/LA10 SALE OF LAND BY AUCTION - 22 RESIDENTIAL LOTS IN STIRLING & DIANELLA 26
11.1/LA11* LAND ACQUISITION - INGLEWOOD URBAN DESIGN PROJECT/PT LOT 39, HN 912 BEAUFORT STREET, INGLEWOOD 26
11.1/PL1 * MANAGER'S REPORT - SEPTEMBER 2000 26
11.1/PL2 * INGLEWOOD COMMERCIAL CENTRE URBAN DESIGN STUDY - TRANSPORT PROPOSAL 27
11.1/PL3 * OSBORNE PARK INDUSTRIAL AREA STRATEGY - LAND USE STUDY 27
11.1/PL4 REZONING - RESIDENTIAL R40 TO SPECIAL USE ZONE - CONSULTING ROOMS - GROUP PRACTICE/PT LOT 550 HN 184 EDWARD STREET, OSBORNE PARK/
ADAMS FAMILY CHIROPRACTIC 28
11.1/PL5 FOUR AGED PERSONS UNITS/LOT 3909 HN 5 BANTOCK STREET, JOONDANNA
/DRYKA & PARTNERS/ HOMESWEST 29
11.1/PL6 FLORA TERRACE URBAN DESIGN PROJECT - FORMALISATION OF DEEDS 29
11.1/PL7 MAIN STREET PLAZA IMPLEMENTATION STRATEGY - WAIVER OF INTEREST/
154 (LOT 3) MAIN STREET, OSBORNE PARK/MR AND MRS KATUNA-RICH 30
11.1/PL8 * DOUBLEVIEW LOCAL COMMERCIAL CENTRE URBAN DESIGN STUDY DRAFT CONCEPT PLAN 30
11.1/PL9 * RIGHTS OF WAY MANAGEMENT STRATEGY - UPDATE 31
11.1/PL10 SEVEN AGED PERSONS UNITS & 1 MOBILITY UNIT/LOT 40, HN 16 ANDERSON STREET, GLENDALOUGH LOT 39, HN 16 JUGAN STREET, GLENDALOUGH/PAUL MESCHATI & ASSOCIATES 32
11.1/PL11 NON-CONFORMING USE - MOTOR VEHICLE SALES/LOT 50 HN 839 BEAUFORT STREET, INGLEWOOD/THE PLANNING GROUP 32
11.1/PL12 EXTENSIONS TO PLACE OF WORSHIP/LOT 82 HN 68 WOODROW AVENUE, YOKINE/BEIT MIDRASH OF WA INC. 33
ITEM SUBJECT/LOCATION/NAME PAGE
11.1/PL13 DEPARTURE FROM APPROVED PLANS/LOT 100 & LOT 101, HN 30 & 30A SCARBOROUGH BEACH ROAD, SCARBOROUGH/FRASER PROJECTS BY DESIGN 33
11.1/PL14 SHORT-TERM HOME STAY ACCOMMODATION/LOT 53, HN 69 SCARBOROUGH
BEACH ROAD, SCARBOROUGH/ISKENDERIAN 34
11.1/PL15 TWO GROUPED DWELLINGS (ONE ADDITIONAL) /LOT 123, HN 674 BEACH ROAD, HAMERSLEY/ARROW HOLDINGS 34
11.1/PL16 RESTAURANT, FUNCTION CENTRE AND MICRO BREWING FACILITY/LOT 10,
HN 128 THE ESPLANADE, SCARBOROUGH/K MALAXOS AND BP, NP AND TP KAKULAS/ENTERTAINMENT ENTERPRISES 35
11.1/PL17 61 AGED PERSONS UNITS/LOT 26, HN 94 CORNWALL STREET, DIANELLA/
MORLEY DAVIS ARCHITECTS 35
11.1/PL18 * DEVELOPMENT POLICY MANUAL REVIEW UPDATE 36
11.1/PL19 CARAVAN PARK ADDITION/LOT 42, HN 467 NORTH BEACH ROAD, GWELUP/
T & R HOMES WA 36
11.1/PL20 GARDEN CENTRE & STORAGE SHED FOR VETERINARY HOSPITAL/LOT 2,
HN 455 NORTH BEACH ROAD, GWELUP/DARRON BAYNHAM 37
11.1/PL21 LOW IMPACT MOBILE PHONE FACILITIES/LOT 1, HN 62 & 64 CNR MARMION
AVENUE AND ALMADINE DRIVE, CARINE/ONE.TEL AND RIZZO AND ASSOCIATES 37
11.1/PL22 * DISCUSSION PAPER - FENCING 38
11.1/PL23 ADDITIONS AND ALTERATIONS TO SHOPPING CENTRE/LOT 80 HN 204 MAIN
STREET, OSBORNE PARK/MEYER SHIRCORE 38
11.1/PL24 REZONING RESIDENTIAL R40 TO SPECIAL USE ZONE-MEDICAL CENTRE & DELI/
LOTS 1 & 306 WANNEROO ROAD, BALCATTA/GREG ROWE & ASSOCIATES 39
11.1/PL25 REZONING - RESIDENTIAL R40 TO BUSINESS/LOT 1, HN 824 BEAUFORT STREET INGLEWOOD/DYKSTRA & ASSOCIATES 40
11.1/PL26 REZONING - `SPECIAL USE - MEDIA ESTABLISHMENT' TO `LOW DENSITY RESIDENTIAL' AND `PRIVATE INSTITUTIONS'/LOT 56 COTTONWOOD CRESCENT, DIANELLA/TURNER MASTER PLANNERS AUSTRALIA/LANDSTART 40
11.1/PL27 AUTOMOTIVE-MARINE SALES AND REPAIR/HN 430 (LOT 501) WANNEROO ROAD, WESTMINSTER/GRAYIST PTY LTD 41
11.1/PL28 * CHANGE IN USE - OCEAN PLAZA FOOD COURT/LOTS 40-42 AND 87-89 SCARBOROUGH BEACH ROAD, SCARBOROUGH/OCEAN VIEW PLAZA PTY LTD 41
11.1/PL29* COMMERCIAL VEHICLE IN RESIDENTIAL AREA - REVIEW OF PREVIOUS RESOLUTION/LOT 9 HN 223 ODIN DRIVE, STIRLING/W J & A GORDON 42
11.1/F1* DEPARTMENT OF LOCAL GOVERNMENT REPORT OF THE INQUIRY INTO THE CONDUCT OF COUNCILLOR EION MARTIN OF THE CITY OF STIRLING 42
ITEM SUBJECT/LOCATION/NAME PAGE
12 ADMINISTRATION REPORTS 44
12.1 GST TO APPLY TO WASTE DISPOSAL 44
12.2 DRAINAGE EASEMENT - BALGA/UNALLOCATED CROWN LAND ABUTTING
LOT 335 THORNEY WAY, BALGA 46
12.3 * TENDER FOR THE PROVISION OF INSITU RECYCLING BY BITUMEN
EMULSION STABILISATION OF CRACKED PAVEMENTS 47
12.4 CLAIM FOR COMPENSATION - TOWN PLANNING SCHEME NO.36 47
13 MOTIONS, OF WHICH NOTICE WAS GIVEN BEFORE THE MEETING 49
13.1 CLARKO RESERVE 49
14 MOTIONS, OF WHICH NOTICE WAS GIVEN DURING THE MEETING, TO BE CONSIDERED AT A LATER MEETING 50
14.1 COUNCILLOR BOOTHMAN - BANKING SERVICES WITHIN
CITY OF STIRLING 48
* - Indicates Separate Attachments submitted with Agenda.
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD IN THE COUNCIL CHAMBERS, CIVIC PLACE, STIRLING ON TUESDAY 17 OCTOBER 2000
Present: |
Mayor |
Councillor D C Vallelonga JP |
Deputy |
Councillor D Boothman | |
Councillors |
J M Camilleri OAM JP, T W Clarey, J Copley JP, R J Daniel, B R Ham, G Italiano, E S Martin, P L Rose JP, A A Spagnolo JP, W M Stewart, T J Tyzack and R M Willox JP | |
Officers |
Chief Executive Officer - M J Wadsworth, Deputy Chief Executive Officer - R A Constantine, Acting Executive Manager Works - S Morrison, Executive Manager Development - S Johnson, Acting Executive Manager Cultural and Social Services - T Holland, Acting Executive Manager Corporate Projects - B Henderson, Acting Manager Administrative Services - L Crouch, Communications Co-ordinator - P Flynn, Administration Officer - D Simmons and Administration Officer - S Billingham
| |
Public |
24 | |
Press |
2 |
DECLARATION OF OPENING OF MEETING
The Mayor declared the ordinary meeting of Council on 17 October 2000 open at 7.00pm.
1.1 D. P. O'Brien, 6/223 North Beach Drive, Tuart Hill
Q1 Were the Councillors provided with the Bayswater, Belmont, Canning, Claremont and other "PROPORTIONAL TAXING" type modules before deciding on "THATCHERITE TYPE" "FLAT TAXING" when deciding on the $15.00?
Q2 Will the Council reconsider the resultant "OVER TAXING" of the residential Properties, which has occurred this year as against the "UNDER TAXING of the Asset Rich Corporations that can claim the TAX as an Income Tax Deduction?
A The Mayor indicated a written response to the questions would be supplied and the Deputy Chief Executive Officer responded verbally to Question 1.
Yes we did consider alternatives and this method was considered to be an equitable alternative given the level of the charge which is after all, only $15.00 per year.
And Question 2.
In relation to reconsideration, certainly that would be done as a matter of course with every Budget and with every change in legislation that would make possible some other method of charging.
1.2 P Perin, 5/23 Richardson Street, South Perth - (Item PL11).
Q1 How can the Council cease the use of the subject premises of a car yard when the non-conforming use of the yard was proved to be current and letters issued by the Council by a recent applicant granted approval for the yard to exist?
A1 The Executive Manager Development gave a verbal response to the question.
The City cannot end a non-conforming use unless it actually purchases the land, however the District Planning Scheme states if the use ceases, the non-conforming use right lapses.
I understand the use actually ceased as a car yard nine (9) to ten (10) months ago, so the non-conforming use right lapses. In addition to that in this case, not withstanding letters from the City, there is no evidence that a non-conforming use right ever existed on the land.
Notwithstanding all of that the recommendations to the Council, Mr Mayor, do say that if some evidence is produced of the non-conforming use right, Council will reconsider the matter.
1.3 R Sebrechts, 24 Exmouth Vista, Gwelup
Q1 At the Annual General Meeting I put forward a motion to discuss Councillor Eion Martin to remove him from the Town Planning and Statutory Services Committee, you stated it would be put to the next full Council meeting and it appears it was not. Why was the motion not discussed and why was the vote not taken?
A1 Response by Deputy Chief Executive Officer. The item was referred to the next Council meeting which referred the matter to the Policy, Corporate Planning, Budget and Finance Committee meeting on 24 October 2000.
Q2 Does the meeting of the full Council have the authority and power to remove Councillor Eion Martin from the Town Planning and Statutory Services Committee?
A2 Deputy Chief Executive Officer - Those details will be reported to the next Policy, Corporate Planning, Budget and Finance Committee meeting. There is not a straight forward as Yes/No Answer. Provisions of the Act do require where Councillors do nominate for a position on a Committee then Council must appoint the Councillor to at least one Committee. In the ultimate it is possible for a Council to remove Councillors but not the Mayor from a Committee. It is not a straight forward process.
Q3 Is Council, the Mayor or Chief Executive Officer aware that the Western Australian Legislation `Interpretation Act 1984' Section 52 states: The power to appoint includes the power to remove and suspend and other ancillary powers. It also mentions conflict of interest as one of these points.
A3 The Mayor received the documentation being tabled at the meeting. No verbal response was provided.
Q4 Mr Mayor are you aware that the owners of Lot 36 Gribble Road, Gwelup have cleared the block of vegetation and rubble and have dumped the material into the System Six wetland area set aside under the Town Planning Scheme for the area. This provision means that 20% of the land is to be turned over the public open space.
A4 The Mayor responded yes. The matter has been addressed.
Q5 Mr Mayor are you aware that around the 20 September 2000 myself contacted Councillor John Italiano about the problem and that he in turn contacted Daniel Rajah?
A5 The Mayor responded yes. The City of Stirling is aware.
Q6 Are you also aware Mr Mayor that Stuart Johnson and Daniel Rajah plus one other Council employee visited the site and a letter was sent to Moss Glades stating that they must clean up the site and stop dumping sand otherwise legal action would be taken?
A6 The Executive Manager Development responded:
I received a complaint but I did not personally inspect the block. The land was inspected by Mr Rajah, a Health Surveyor and the Planning Inspector. A report was prepared and a letter sent, it did not state legal action would be taken, it said if things did not stop, the matter would be referred to Council, the process is still continuing.
Q7 Are you also aware that between being sent the letter on or around the 25 September 2000 sand is continuing to be dumped even as late as a week ago?
A7 The Executive Manager Development responded yes. The City is aware.
Q8 Mr Mayor what steps will you take as a Council to make sure that the wetland is restored and that the dumping of sand is stopped?
A8 The Executive Manager Development responded that "Council has limited power to stop action, its remedy is by legal action through the courts. The courts are not able to stop people doing things but can only impose fines.
1.4 L Whyman, 47 Lawley Street, North Beach
Q1 Could the Council advise why Councillor Italiano having written the letter to instigate the recent local government inquiry, now wants it to stop?
Q2 Could the Council advise why Councillor Italiano having voted for the inquiry report to be challenged is now opposing that challenge?
Q3 Could the Council provide me with a copy of the records of all the discussions that Councillor Italiano has had with the building, planning or any other officers relating to Lot 36 Gribble Road Gwelup?
A The Chief Executive Officer stated a response would be provided in writing.
Nil.
Moved Councillor Spagnolo, seconded Councillor Rose
That the Minutes of the Council meeting of 3 October 2000 be confirmed, and signed by the Mayor as a true and correct record of proceedings.
The motion was put and declared CARRIED.
Nil.
Moved Councillor Camilleri, seconded Councillor Willox
1. That Councillor Copley be granted leave of absence for the period 31 October to 14 November.
2. That Councillor Rose be granted leave of absence for the next Council meeting on 31 October 2000.
3. That Councillor Daniel be granted leave of absence for the period 27 October to 8 November 2000 inclusive.
The motion was put and declared CARRIED.
Nil.
Nil.