CITY OF STIRLING meetings... · 11.1/te3 tender for the shredding of clean green materials 12...

CITY OF STIRLING

MINUTES

ORDINARY MEETING OF COUNCIL

3 MAY 2005

TABLE OF CONTENTS

ITEM SUBJECT/LOCATION/NAME PAGE

1 PUBLIC QUESTION TIME 1 2 APOLOGIES AND LEAVE OF ABSENCE 9 3 CONFIRMATION OF MINUTES 9

3.1 ORDINARY MEETING OF COUNCIL - 19 APRIL 2005 9

4 BUSINESS ARISING FROM THE MINUTES AND NOT APPEARING SEPARATELY IN THE AGENDA 9 5 APPLICATION FOR LEAVE OF ABSENCE 10 6 MAYORAL BUSINESS 10 7 BUSINESS LEFT OVER FROM THE PREVIOUS MEETING 10 8 QUESTIONS WITH NOTICE WITHOUT DISCUSSION 10 9 PETITIONS 10

9.1 PETITION AGAINST THE PROPOSED DEVELOPMENT APPLICATION OF A CHILD CARE CENTRE AT LOT 101 HN 507 NORTH BEACH ROAD AND LOT 102 HN 29 SWIFTLY WAY, GWELUP - COUNCILLOR POPOVSKI AND COUNCILLOR ROSE 10

10 LATE AND URGENT BUSINESS 10 11 REPORTS OF COMMITTEE 11

11.1 TECHNICAL SERVICES COMMITTEE - 26 APRIL 2005 11 11.1/TE1 TENDER FOR THE SUPPLY AND DELIVERY OF CONCRETE AND CLAY BRICKS

AND PAVERS 11

11.1/TE2 TENDER FOR THE MAINTENANCE OF BORES, WELLS, PUMPS AND ASSOCIATED WORKS FOR THE CITY OF STIRLING

12

11.1/TE3 TENDER FOR THE SHREDDING OF CLEAN GREEN MATERIALS 12

11.1/TE4 TENDER FOR THE PROVISION OF ARCHITECTURAL CONSULTANCY SERVICES FOR THE REDEVELOPMENT OF THE BALGA AQUATIC CENTRE

13

11.1/EO1 LOCAL EMERGENCY MANAGEMENT COMMITTEE OF ORDINARY MEETING OF 25 FEBRUARY 2005

14

11.1/EO2 COMMENT ON DRAFT EMERGENCY MANAGEMENT BILL 2004 14

11.1/ED1 ROAD SAFETY ADVISORY COMMITTEE - MINUTES OF ORDINARY MEETINGS 15

11.1/ED2 DEDICATION OF MITCHELL FREEWAY - BEACH ROAD TO KARRINYUP ROAD 15

ITEM SUBJECT/LOCATION/NAME PAGE

11.1/ED3 LAND ACQUISITION FOR ROAD WIDENING LOT 61 HN303 MAIN STREET

BALCATTA 16

11.1/ED4 LAND ACQUISITION FOR ROAD WIDENING LOT 107 HN301 MAIN STREET BALCATTA

16

11.1/ED5 SPEED ZONING BEAUFORT STREET, MT LAWLEY - GRAND PROMENADE TO WALCOTT STREET

17

11.1/ED6 INSTALLATION OF 40KM SPEED SIGNS PAINTED ON BEAUFORT STREET, MOUNT LAWLEY ADJACENT TO PERTH COLLEGE

18

11.1/ED7 NORTH BEACH JETTY AND SURROUNDS REMEDIATION WORKS - PROGRESS REPORT

18

11.1/ED8 ROAD SAFETY COMPLAINTS KARRINYUP TRAFFIC ACTION GROUP - FINNERTY STREET, PASCOE STREET AND RAMSAY STREET, KARRINYUP

19

11.1/ED9 INSTALL PELICAN SIGNALS ON BEAUFORT STREET 20

11.1/ED10 DRAFT TRIGG BEACH MASTER PLAN AND WORKSHOP 20

11.1/ED11 PELICAN SIGNALS ON SCARBOROUGH BEACH ROAD AT GUILDERCLIFFE STREET, SCARBOROUGH

22

11.1/PR1 DIANELLA REGIONAL OPEN SPACE MASTER PLAN 23

11.1/PR2 STIRLING GARDENS WAR MEMORIAL 23

11.1/PR3 MILLET SELINA RESERVE COMMUNITY CONSULTATION 24

11.1/PR4 NATURAL ENVIRONMENT ADVISORY COMMITTEE MINUTES 24

11.1/PR5 DEANMORE SQUARE DRAINAGE BASIN 25

11.1/CFR1 FEDERAL FUNDING FOR TELEVISION RECEPTION ON COASTAL STRIP 25

11.2 CORPORATE AND COMMUNITY SERVICES COMMITTEE - 26 APRIL 2005 26 11.2/HR1 STAFF ESTABLISHMENT REPORT 26

11.2/TE1 TENDER FOR THE PROVISION OF BANKING SERVICES 26

11.2/F1 AUTHORISATION OF EXPENDITURE FOR PERIOD 9 ENDING 31 MARCH 2005 27

11.2/F2 MONTHLY FINANCIAL REPORT FOR THE 9 MONTH PERIOD ENDING 31 MARCH 2005

28

11.2/F3 QUARTERLY FINANCIAL REPORTING AND PRODUCTION OF QUARTERLY REPORTS - 30 JUNE 2005

28

11.2/F4 RATES TO BE WRITTEN OFF 29

11.2/F5 RECOVERY OF OUTSTANDING RATES 30

____________________________________________________________________________________

ITEM SUBJECT/LOCATION/NAME PAGE ____________________________________________________________________________________ 11.2/CS1 YOUTH ADVISORY COUNCIL REPORT APRIL 2005 30

11.2/CS2 MT LAWLEY PLAYGROUP INC - NEW MANAGEMENT LICENCE 31

11.2/CS3 MT LAWLEY NEIGHBOURHOOD TOY LIBRARY INC - NEW MANAGEMENT LICENCE

31

11.2/CS4 LEASE OF MEZZANINE AREA HERB GRAHAM RECREATION AND FITNESS CENTRE

32

11.2/CS5 OPTION TO EXERCISE EXTENSION OF LEASE - SCARBOROUGH CIVIC CENTRE SPORTS FACILITY

33

11.2/CS6 REQUEST FOR FINANCIAL ASSISTANCE - SUNSET COAST TOURISM ASSOCIATION

33

11.2/A1 REVIEW OF THE COUNCIL'S DECISION MAKING PROCESS 34

11.2/A2 AUDIT COMMITTEE MINUTES 21 MARCH 2005 35

11.2/A3 ASSET RATIONALISATION PROJECT COMMITTEE - MINUTES OF MEETING 20 APRIL 2005

36

11.2/A4 IT BUSINESS AND COSINF UPDATE - APRIL 2005 37

11.2/A5 SPONSORSHIP OF THE 2005 STIRLING SMALL BUSINESS AWARDS 38

11.2/A6 MINDARIE REGIONAL COUNCIL NEW ESTABLISHMENT AGREEMENT AND DEED 38

11.2/A7 LAND ACQUISITION - TOWN PLANNING SCHEME NO 38 EXTENSION AND UPGRADE OF TWYFORD PLACE PUBLIC OPEN SPACE

39

11.2/CM1 RAYCREST NOMINEES PTY LTD VS CITY OF STIRLING - SUPREME COURT ACTION CIV 1659 OF 2003

39

11.2/CFR1 REVIEW OF 'PRESS STATEMENTS' POLICY - COUNCILLOR PICKARD 40

12 ADMINISTRATION REPORTS 41

12.1 SPECIAL MEETING OF COUNCIL - 9 MAY 2005 41 12.2 TOWN PLANNING SCHEME NO 38 - REMOVAL OF SECTION 70A NOTIFICATION / LOT 115 HN 16 TWYFORD PLACE AND LOT 117 HN 2 SHAWFORD PLACE, INNALOO / AEGIS AGED CARE GROUP PTY LTD AND SKYLINER PTY LTD 42

13 MOTIONS, OF WHICH NOTICE WAS GIVEN BEFORE THE MEETING 44

13.1 COUNCILLOR TYZACK - TOWN PLANNING AND STATUTORY COMMITTEE 12 APRIL 2005 - ITEM AP11 / PLACE OF PUBLIC WORSHIP - LOT 524, HN 907 BEAUFORT STREET, INGLEWOOD 44

14 MOTIONS, OF WHICH NOTICE WAS GIVEN DURING THE MEETING, TO BE

CONSIDERED AT A LATER MEETING 45 15 RETIRING COUNCILLOR ADDRESSES 45

MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD IN THE COUNCIL CHAMBERS, 25 CEDRIC STREET, STIRLING ON TUESDAY 3 MAY 2005 Present: Mayor

Councillor D C Vallelonga JP

Councillors

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

Officers

Chief Executive Officer - L Delahaunty, Deputy Chief Executive Officer - R A Constantine, Director Planning and Development - R Povey, Director Infrastructure Management - G Eves, Director Community Development - T Holland, Director Corporate Resource Management - E Herne, Manager Council Support - D Simmons, Communications Manager - P Beard, Acting Council Support Co-ordinator - K Inferrera and Council Support Officer - E Taylor

Public

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Press

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DECLARATION OF OPENING OF MEETING The Mayor declared the ordinary meeting of Council on 3 May 2005 open at 7.00pm. DISCLOSURE OF INTERESTS Councillor Tyzack disclosed an interest affecting impartiality in Item 11.1/ED6 as he is an employee of Perth College. Councillor Stewart disclosed an interest affecting impartiality in Item 11.2/A3 in relation to recommendation three as his wife is the Secretary of the Trigg, North Beach, Watermans Bay Community Association.

MINUTES OF THE ORDINARY MEETING OF COUNCIL OF 3 MAY 2005 (Cont.)

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ITEM: 1 PUBLIC QUESTION TIME 1.1 The following questions were submitted by Mr Paul Kotsoglo, Planning Solutions, PO Box

8701, Perth BC WA 6847 at the Council meeting held on 19 April 2005.

The Chief Executive Officer read Mr Kotsoglo's questions:

"Q1. Is Council able to clarify the position regarding the applicant and owners as there is confusion in the two recent items regarding AP11?"

A1. The Manager Policy and Strategic Planning advised the development application was lodged

by Churches of Christ, who have been represented by Mr Colin Craggs, the church Minister. The item listed Mr Craggs as the applicant in technical error, as he is the party with whom the City has been dealing in Mediation.

"Q2. Is Council aware of the previous broad range of objections and issues regarding advertising and consultation?"

A1-2 The Acting Director Planning and Development advised that the application has formally been

made by Mr Colin Craggs, as indicated as the owners representative and the owner of the land.

The Manager Policy and Strategic Planning further advised that attached to the item that went

to Council regarding the mediation is a copy of the previous report to Council which details the outcomes of consultation and that was submitted with the application including all the submissions received when it was advertised.

"Q3. The question that I asked in writing was meant to refer to the two items. One that was originally presented that referred to the applicant. That applicant had a different name to the item that was presented in the last Council Agenda. So I raise the fact that I consider there is confusion on the reporting factors that are relevant and the second question that was part of that same matter was there was confusion about the advertising. The advertising was extended as I understand it through resolution but no signs were changed and that resulted in a number of people, that I am aware of and have made comments to me, that they did not make submissions because they considered the advertising period that was shown on the sign to be completed."

A3. The Manager Policy and Strategic Planning advised that she did not have the precise details

of the advertising at the meeting but she was aware that that was raised at the time that the application was advertised for public comment and was considered by Council at that time. Quite a number of submissions were received, a couple of hundred, which indicates a high level of awareness in the community but the details of the advertising were considered by Council at the time and determined what Council is considering for it now, is the outcomes of a mediation being put to the Town Planning Appeals Tribunal which is a separate process.

The Manager Policy and Strategic Planning added the details under 'Community Consultation' in the original report to Council which confirmed that letters to nearby residents were distributed late, so an extension to the original consultation period was provided in these letters. Whilst the City normally ensures that dates coincide, and the delay was unfortunate, it seems unlikely, given the level of response received and the easy capacity for any confused persons to telephone the City to clarify the matter, that this significantly affected the consultation process.


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"Q4. The point that I raise and the reason that I ask that question is because if Council changes

the Officer's recommendation and decides to respond by contesting the appeal at the State Administrative Tribunal, I would ask that the representatives of the Council, whoever they may be, raise those submissions in support of the appeal. Will Council please defend the decision that it made last year and incorporate, as part of its defence, the submissions that address the amenity considerations of the residents?"

A4. The Manager Policy and Strategic Planning added the City has a procedure for dealing with

Town Planning Appeals which can be viewed on line at www.stirling.wa.gov.au under 'Planning'. Where Council resolves to contest an appeal, the City would naturally do so are comprehensively as it could and would, in the event of a conflict between the officers recommendation and Council's resolution, involve the use of a professional consultant to defend Council's decision, to give it the best chances of success.

1.2 The following questions were submitted by Mr D C Cuscuna, 9 Hampden Close, Dianella 6059

at the Council meeting held on 3 May 2005. The Deputy Chief Executive Officer read the following questions and responses:

"Q1. At its 3 August 2004 meeting, the Council acknowledged receipt of ‘the Independent Audit Report of the Atlas Group sorting facility for the City of Stirling Waste Contract No. 61.2002/03’ which found that 13.53% (7,000 tonnes) of the City’s domestic waste was not processed for recycling by Atlas in accordance with the contract and was sent directly to landfill.

Amongst other things, the Council requested that the City’s officers request a formal

explanation from Atlas for this outcome and to take any appropriate action as specified within the contract.

What action (if any) has the City taken: 1.1 To address this unsatisfactory outcome from the inaugural audit for the six (6) months

to 5 February 2004?" A1.1 The substantial issues have been reported to Council. It should be noted that the

Council report at 3 August 2004 acknowledged that although some waste was being diverted without processing 67.05% of waste was being recycled, which is 2.05% above the minimum required under the contract. The Council has set in train a series of legal notices to Atlas requiring performance in accordance with the contract.

"1.2 To implement the default and financial redress clauses as per the above contract with

Atlas?"

A1.2 Partially answered by the response to 1.1 above. Additionally, estimates of amounts payable for loss of rebates have been made and accounts have been sent to Atlas via solicitors.

"1.3 To rectify any operations which were identified within the audit report as ‘requiring

improvement’?" A1.3 Answered by 1.1 above. "1.4 To pursue Atlas for the recovery of rebates missed in respect to the 7000 tonnes of A1.4 Answered by 1.2 above.


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"1.5 To ensure Atlas’s compliance with the performance requirements of the contract since

receipt of the audit report in mid-2004?" A1.5 Answered by 1.1 above. Additionally, there have been a series of meetings with Atlas

representatives seeking operational improvements. An Operations Manual is in preparation recording processes which will produce optimal efficiency for recycling of household waste.

"Q2. The minutes of the 28 September 2004 meeting of the Technical Services Committee stated

that the above audit report revealed that the actual diversion rate by Atlas reduced to 60% for the audit period.

2.1 Is it not true that the audit report also found that there were several key problems with

the assumptions and calculations used by Atlas to arrive at the above diversion rate which would have resulted in the diversion rate actually being overstated by significant amounts?"

A1.2 The audit report postulated effects of water content on final figures. "2.2 Don’t the above results of the audit report indicate non-compliance with the City’s key

contract performance requirement of a 65% minimum diversion rate for domestic waste processed by Atlas?"

A2.2 No, there was no proposition in the initial contract that extraneous factors such as

moisture content would be factored out of recycling values. "2.3 What action has been taken by the City to address this significant non-compliance with

the contract?" A2.3 Answered by 2.1 and 2.2 above.

"Q3. The City has previously refused to release details of the performance management and comprehensive audit controls that it uses to monitor the effectiveness of this $65 million Atlas contract.

3.1 Why is this information not able to be provided for the benefit of ratepayers?" A3.1 Commercial detail in contracts is normally confidential. Atlas, for normal commercial

reasons, has preferred this information not be made available for public consumption. Atlas is operating in a competitive industry.

"3.2 Given the significant non-compliance with the contract as detailed above, how can the

City provide the necessary reassurances that ratepayers are receiving value-for-money in regard to domestic waste processing and that the important environmental benefits of recycling are actually being achieved?"

A3.2 Significant non-compliance is a matter of conjecture. What the initial audit report

indicated was that the target recycling rates were not achieved. The target goal is achievable.

Irrespective of questions raised, the recycling percentage achieved for household waste at the City of Stirling is still significantly more than is being achieved elsewhere in Western Australia, or Australia. The Atlas plant unquestionably produces relative benefit for recycling by the community.


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"Q4. On 16 November 2004, the City advised me that the next scheduled independent audit of the

Atlas Group sorting facility for the City of Stirling Waste Contract No. 61.2002/03 was due to be performed for the twelve months to 5 February 2005.

4.1 Given that it is almost three (3) months after that date, has the City received the second

audit report in respect to the Atlas Group sorting facility for the City of Stirling Waste Contract No. 61.2002/03?"

A4.1 Yes, the report has been received and is being evaluated. "4.2 Is the City aware of the outcomes of this audit?" A4.2 Answered by 4.1 above. "4.3 When will details be provided to Council and be made available to ratepayers?"

A4.3 A report will be made to the Council in June or July 2005.

1.3 The following questions were submitted by Mr P Rados, 9A Freedman Road, Menora 6050 at

the Council meeting held on 3 May 2005.

"Q1. Is it true that $60,000 has been allocated for restoration, reticulation and access road resurfacing for the hidden park between: McPherson, Alexander, Walcott and Melrose Streets?"

A1. The Director Infrastructure advised that he is not aware of that particular location but he has

indicated to requests of a similar location that the City would not be upgrading parks that are behind residential areas. They will be maintained but it is not the City's intention to have them upgraded. The Director Infrastructure Management further advised that he will investigate and provide a response.

"Q2. When will this occur and will there be consultation of residents concerns as verbally

promised?" A2. The Director Infrastructure advised he will investigate further. "Q3. Does the Council acknowledge that it takes responsibility for any child injured by work

vehicles, equipment, open building site and unrestricted access to the park by vehicles - especially those given approval by the Council?"

A3. The Director Infrastructure Management responded that officers and contractors are instructed

and required by the City to have appropriate roadside safety training and this includes people working on reserves. The Director Infrastructure indicated that this particular question relates to private sites and requested that Mr Rados provide him with further details and he will investigate the site and take action should it be considered that appropriate safety precautions are not in place.

"Q4. Have guidelines been formatted for the access and utilisation of Council Parks and when will

they be available for public viewing?" A4. The Director Infrastructure Management advised that he is aware of the City's Risk

Management for playgrounds and equipment report and this will be presented to Council in May or June and will be considered at that time.


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"Q5. Will affected residents be given a copy?"

A5. The Director Infrastructure Management advised that if it is in relation to the Risk Management

on playground equipment, it would be the City's intention to advertise this through various media such as the City's insert in the community newspaper, at local facilities and also on Council's website.

1.4 The following questions were submitted by Mr C Douglas, 56 Jackson Avenue, Karrinyup

6018 at the Council meeting held on 3 May 2005.

"Q1. When any committee chairperson has allegedly, or actually, been found to have as a councillor acted inappropriately, what is that part of the relevant act that allows for the chairperson to be stood down or aside and the method to be used?

Q2. When my question no. 10, marked in the minutes as 8, asked on the 19 April 2005 Council

meeting was ruled out of order by the Mayor, why was it out of order? Just how did the Minister for Local Government deal with the matter of 14 recommendations made to the Council by the Department of Local Government?

Q3. Mr Chief Executive Officer, would you please advise that part of the relevant act that states

the Department of Local Government assumes responsibility for monitoring and ensuring that recommendations to the Council following an inquiry, such as the Martin Inquiry, are implemented by the Local Government?

A. The Mayor advised Mr Douglas that a response will be provided in writing.

1.5 The following questions were submitted by Mr F J Parrotte, 34 Buxton Road, Wembley

Downs 6019 at the Council meeting held on 3 May 2005.

"In relation to vandalism of the property at 17 Chesterfield Road, Mirrabooka which is leased to L J Hooker, and in view of the Security patrol's inability to provide continuous surveillance, the police station apparently understaffed (held on telephone for an hour to get through on Tuesday) will the Council:- Q1. Repair, as a matter of urgency, all the street lights that have been broken, install additional

lighting and extend the time that the lights are turned on? Q2. Install video surveillance and or more security patrol in co-operation with the police? Q3. Instruct the Department of Housing and Works to clean up or clear their vacant land next to

our properties as the condition of this land only encourages unsociable behaviour? Q4. Request the Department of Planning and Infrastructure to expedite the plans approved by

your Council for the improvement of the center as stated in the community information newsletter of March 2004 for a "Blue Print for a Safe and Viable Center?

Q5. Approve an application to install metal shutters, grills or fencing for our property as being

"Exceptional Circumstances" because of the above history? Q6. Convene a meeting of government departments, police and interest parties to discuss and

plan ways to overcome social problems that must exist in this area before the new development commences. New building regulations will only create more opportunities to smash more glass panels."

A. The Mayor advised Mr Parrottee that a response will be provided in writing.


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1.6 The following questions were submitted by Mr R Mitchell, 9 Clark Place, Karrinyup 6018 at


"These questions are to Councillor Troy Pickard through the Council and I request answers in writing. Q1. Did you request access to the details of the top 100 suppliers to the City of Stirling? Q2. If so why? Q3. Did you provide this information to any other party? Q4. At any time have you made contact with any of the City's top 100 suppliers? Q5. Have you, or any political associates, or any one associated with you attempted to use this

information for fundraising purposes?" A. The Mayor advised Mr Mitchell that a response will be provided in writing.

1.7 The following questions were submitted by Mr P Kotsoglo, Planning Solutions, PO Box 8701,

Perth BC WA 6847 at the Council meeting held on 3 May 2005.

"Q1. In relation to Item 13.1, is Council aware of the strong views of the residents and ratepayers, i.e. - Business Proprietors, in response to the request for the rejection of the application?

Q2. Is Council aware of the process of determining this matter at the Town Planning Appeal

Tribunal, or the State Administrative Tribunal, as one that offers transparency and all parties in a transparent way to express their opinions and have an independent adjudicator determine the matter? We ask you to support Councillor Tyzack."

A. The Mayor advised Mr Kotsoglo that a response to his questions will be provided in writing.

1.8 The following questions were submitted by Mrs Ball, 246A Flamborough Street, Doubleview,


"Q1. How was a licence granted to the Alfornetto restaurant when there is not adequate parking for the number of seats that have been approved? The noise from the wine bottles being put into the bin, customers leaving very noisily and car doors slamming plus white lines painted both sides of the road not leaving very much room for cars to access the street safely. The restaurant is here to stay, but they should respect the people living in the area regarding the on going problems."

A1. The Mayor advised Mrs Ball that a response will be provided in writing.

1.9 The following questions were submitted by Mr M Beaver, 33 Charles Street, Karrinyup 6018 at


"Q1. With reference to tonight's agenda on reviewing the Council's decision making process, has any public consultation occurred on changing the format of the Councils meetings?"

A1. The Chief Executive Officer advised no, and that the running of the Council is up to the

Council itself as clearly outlined under the Local Government Act. "Q1a. For our Councillors and city officers to represent us properly could the City consult with the

ratepayers before embarking on this?" A1a. The question was noted.


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"Q2. Given that after the 9th of May we will have at least 5 new Councillors if not more, shouldn't the

view be held over until the new Council can see the report?"

A2. The Chief Executive Officer advised that a major reason for the consideration of a briefing session within the City is to allow the new Councillors the opportunity to go through an education process and to be informed on Council projects. The inclusion of a briefing session is to be reviewed in November 2005.

"Q2a. Mr Chief Executive Officer, couldn't those new Councillors make that decision at the next

full Council meeting?' A2a. The Chief Executive Officer advised that it is up to the Council to make that decision. "Q3. Does not the Council have the right now to go behind closed doors to discuss tenders, staff

disciplinary matters, etc at the moment?"

A3. The Chief Executive Officer advised that there is no attempt to go behind closed doors in relation to this matter. Briefing sessions are best practice for a number of Councils and it allows for progress reports on projects from staff and also look at strategic issues as pointed out in the report.

"Q4. Why is it an advantage to discuss matters of strategic nature without members of the public in attendance?"

A4. The Chief Executive Officer advised that as far as the decision making process, the

Committees continue, however the Briefing Sessions do allow for free discussion and for Officers to bring Councillors up to date on various issues that may not be ready to move forward into the Committee or Council system at that time.

"Q4a. Would the lead up to Town Planning Amendment Scheme 457 have been considered

strategic?" A4a The Chief Executive Officer advised that it is possible that the Town Planning Amendment

Scheme 457 was considered strategic in its preliminary stages however once it moved into the Committee system it became a public item.

"Q5. After a cost of $34.5 million to build and fit out the new administration complex, why is Council considering more costly alterations? Item 11.2 of the last full Council meeting - the House Committee was to consider disabled access on the western side of the building, more car parking, landscaping, an issue to do with floor coverings and TV mounts.

A5. The Chief Executive Officer advised that as the western entry to the new administration

complex has direct access to the car park, although the public access is on the eastern side of the building, it was considered an inconvenience for the public to walk around the building. Therefore the Council called for most of those alterations to look at the possibility of public access from the western side of the building and cover for that area to give the public direct access to the Council Chambers and Parmelia Room.

"Q6. Who was responsible for these shortcomings in the buildings design?" A6. The Chief Executive Officer advised that the building was planned by architects a

considerable time ago and he expected a number of alterations to be required as the City settles in.


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1.10 The following questions were submitted by Ms E Re, 23 Hakea Road, Woodlands 6018 at the

Council meeting held on 3 May 2005. "Q1. What measures are being taken with regard to clinical waste?

Duty of care to staff Duty of care to usage of landfill etc."

A1. The Mayor advised Ms Re that a response will be provided in writing. "Q2. My answers to my Questions from the last Council meeting have not been answered, why?" A2. The Mayor advised that Ms Re's answers were responded to at the previous meeting and are

recorded in the Minutes of the Council Meeting held 19 April 2005.

"Q3. The Innaloo Community Centre ceiling is leaking and has been for some time which is dangerous, who is responsible to ensure Council property is maintained and why hasn't it been repaired? It has been reported on several occasions.

A3. The Director Community Development advised that the City's building maintenance area look

after the Innaloo Community Centre. If any maintenance requirements are reported, they are normally repaired immediately. The Director Community Development further advised that he has not been advised of the roof leaking previously and would investigate further.

"Q4. There have been many incidents of late where people are doing donuts and driving

dangerously in the cinemas. Can the Council write to the cinema and request gates be put up to deter undesirables as the City's security patrols are often unavailable?"

A4. The Mayor advised Ms Re that a response will be provided in writing.

1.11 The following questions were submitted by Mr D Lombardo, 10 Scarborough Beach Road,

Scarborough 6019 at the Council meeting held on 3 May 2005. "Q1. On behalf of the Scarborough Beach Association, can we thank you and your existing

Council and Councillors for its efforts in progressing the Scarborough Beach Revitalisation to date and wish you and your family a prosperous and happy future? The Scarborough Beach Association wishes to make a presentation if possible to the Mayor and the City?"

A1. The Mayor accepted a Certificate of Appreciation from the Scarborough Beach Association

with great pleasure. "Q2. Mr Mayor, despite your retirement from Council, will you still maintain your support and

enthusiasm, as a private citizen, for a revitalisation of Scarborough and, if called upon by Council, make available your experience to help bring the Scarborough Revitalisation about?"

A2. The Mayor advised that he is 110 percent behind the Scarborough Beach Association and

although he will be retired, it is his vision for Scarborough to become a family orientated beach and he hopes it will be some day. The Mayor thanked the Scarborough Beach Association for their presentation.


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1.12 The following questions were submitted by Mr J Pringle, 33 Sorrento Street, North Beach


"Q1 How much does the yellow insert called Stirling Community cost the ratepayers? This particular one says 'Land sales a huge success', dated 2 December 2003.

Q2. What benefit is this insert to the ratepayers? Q3. As the ratepayers pay for this would you

a) Give the ratepayers space to comment? or b) Cease publishing the yellow insert?"

A1. The Communications Manager advised that the budget for the yellow 'Stirling Community'

insert, based of four pages of advertising a month in the Stirling Times, Eastern Suburbs Reporter and the Guardian Express, is $17,025 per month. This amount is 25 percent lower than the cheapest rate available for that amount of advertising and is budgeted and on the public record. Independent research shows the insert is regularly read by up to 75 per cent of Stirling residents.

The Communications Manager further advised that the report on successful land sales was included in the December 2003 issue of the Stirling Community insert because by 1:00 pm on the first the first release sale opened there was only one block of land that did not have an offer on it.

In response to community interest and community feedback itself there is also a feedback form every month that people can return to the City and quite a few of the comments and suggestions received have been implemented.

ITEM: 2 APOLOGIES AND LEAVE OF ABSENCE Nil. ITEM: 3 CONFIRMATION OF MINUTES ITEM: 3.1 SUBJECT ORDINARY MEETING OF COUNCIL - 19 APRIL 2005 Moved Councillor Pickard, seconded Councillor Rose That the Minutes of the Council meeting of 19 April 2005 be confirmed, and signed by the Mayor as a true and correct record of proceedings. The motion was put and declared CARRIED. ITEM: 4 BUSINESS ARISING FROM THE MINUTES AND NOT APPEARING SEPARATELY IN

THE AGENDA Nil.


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ITEM: 5 APPLICATION FOR LEAVE OF ABSENCE Nil. 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 ITEM: 9.1 SUBJECT PETITION AGAINST THE PROPOSED DEVELOPMENT APPLICATION OF A CHILD

CARE CENTRE AT LOT 101 HN 507 NORTH BEACH ROAD AND LOT 102 HN 29 SWIFTLY WAY, GWELUP - COUNCILLOR POPOVSKI AND COUNCILLOR ROSE

Councillors Popovski and Rose tabled a petition containing 54 signatures objecting to the proposed development application of a child care centre at Lot 101 Hn 507 North Beach Road and Lot 102 Hn 29 Swiftly Way, Gwelup. The petition has been forwarded to the Planning Business Unit. ITEM: 10 LATE AND URGENT BUSINESS Nil.


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ITEM: 11 REPORTS OF COMMITTEE ITEM: 11.1 TECHNICAL SERVICES COMMITTEE - 26 APRIL 2005 COMMITTEE RECOMMENDATIONS TO COUNCIL The Items from the Technical Services Committee of 26 April 2005 were considered in the following order:- 11.1/ED10.

11.1/TE1 TENDER FOR THE SUPPLY AND DELIVERY OF CONCRETE AND CLAY BRICKS AND PAVERS

Report Information

Location: Various

Applicant: City of Stirling

Reporting Officer: Director of Infrastructure Management

Business Unit: Engineering Operations

Ward: Citywide

THE COMMITTEE RECOMMENDS TO COUNCIL

1. That the tender from Bristile Operations Pty Ltd, Midland Brick Company Pty Ltd and BGC concrete products Pty Ltd (BGC Blockpave) for the supply and delivery of concrete and clay bricks and pavers within the City Of Stirling be ACCEPTED:

• at the tendered rates as detailed in Appendix A; and

• for a period of two (2) years from 1 June 2005 to 30 May 2007.

2. That the ALLOCATION of orders to panel members as recommended will be on the basis of best value for money and availability of a supplier at the time the work is required to be performed.

Moved Councillor Copley, seconded Councillor Daniel That the Committee Recommendations be adopted. The motion was put and declared CARRIED.


12

11.1/TE2 TENDER FOR THE MAINTENANCE OF BORES, WELLS, PUMPS AND ASSOCIATED WORKS FOR THE CITY OF STIRLING

Report Information

Location: Various


Reporting Officer: Director Infrastructure Management

Business Unit: Parks and Reserves

Ward: Various


1. That the tenders from K S Black (WA) Pty Ltd, Hydroquip Pumps and Hydro Engineering Pty Ltd for the maintenance of bores, wells, pumps and associated works within the City Of Stirling form a panel of contractors be ACCEPTED:


• for a period of three (3) years from 1 July 2005 to 30 June 2008.

2. That the ALLOCATION of orders to panel members as recommended will be on the basis of best value for money and availability of a supplier at the time the work is required to be performed.


11.1/TE3 TENDER FOR THE SHREDDING OF CLEAN GREEN MATERIALS

Report Information

Location: Citywide


Reporting Officer: Director of Infrastructure Management

Business Unit: Waste and Fleet

Ward: Not Applicable


That the tender from Soiland Pty Ltd for the shredding of clean green materials within the City Of Stirling be ACCEPTED:


• for a period of two (2) years from 1 June 2005 to 31 May 2007 with an option to renew for a further one (1) year.

Continued…


13


11.1/TE4 TENDER FOR THE PROVISION OF ARCHITECTURAL CONSULTANCY SERVICES FOR THE REDEVELOPMENT OF THE BALGA AQUATIC CENTRE

Report Information

Location: Balga Aquatic Centre, Princess Road, Balga


Reporting Officer: Director Planning and Development

Business Unit: City Building Operations

Ward: Balga


1. That the tender from Donovan Payne Architects Pty Ltd of $341,360.00 (including GST) for the provision of Architectural Consultancy Services for the redevelopment of the Balga Aquatic Centre within the City Of Stirling be ACCEPTED:


• for a period ending 12 months after Practical Completion. 2. That subject to a feasibility study determining whether geothermal groundwater is available for the

project, the Manager City Building Operations be AUTHORISED to appoint appropriate hydrogeological consultants as a variation to the Architectural Consultancy Services.



14

11.1/EO1 LOCAL EMERGENCY MANAGEMENT COMMITTEE OF ORDINARY MEETING OF 25 FEBRUARY 2005

Report Information Location: Not Applicable

Applicant: Not Applicable





That the Minutes of the Local Emergency Management Meeting dated 25 February 2004 be RECEIVED Moved Councillor Copley, seconded Councillor Daniel That the Committee Recommendation be adopted. The motion was put and declared CARRIED.

11.1/EO2 COMMENT ON DRAFT EMERGENCY MANAGEMENT BILL 2004

Report Information

Location: Not applicable

Applicant: Not applicable



Ward: Not applicable


1. That Council ENDORSE the comments made in this report on the draft Emergency Management Bill 2004 for submission to the Western Australian Local Government Association.

2. That the City WRITE to the Minister for Emergency Services, relevant Shadow Minister, Local

Members of Parliament and Western Australian Local Government Association expressing its concern that the Emergency Management Bill 2004 does not identify appropriate role and funding for Local Governments for emergency management.



15

11.1/ED1 ROAD SAFETY ADVISORY COMMITTEE - MINUTES OF ORDINARY MEETINGS

Report Information

Location: Not Applicable



Business Unit: Engineering Design

Ward: Citywide


That the Minutes of the Road Safety Advisory Committee meetings dated 3 March 2005 and 7 April 2005 be RECEIVED. Moved Councillor Copley, seconded Councillor Daniel That the Committee Recommendation be adopted. The motion was put and declared CARRIED.

11.1/ED2 DEDICATION OF MITCHELL FREEWAY - BEACH ROAD TO KARRINYUP ROAD

Report Information

Location: Mitchell Freeway - Beach Road to Karrinyup Road

Applicant: Complex Land Solutions/Main Roads Western Australia



Ward: Hamersley


That Council: • CONCUR to the dedication of the land, as detailed and contained in the annexed plan, as road under

section 56 of the Land Administration Act. • NOTE that in accordance with the directive issued by Main Roads WA that Main Roads WA will

indemnify the City against any claims arising from the dedication of the land. • ADVISE Main Roads WA that the City's maintenance responsibility is to be taken as being outside the

Mitchell Freeway road reserve and Main Roads protection boundary for Mitchell Freeway unless specifically agreed to the contrary.

Moved Councillor Copley, seconded Councillor Daniel That the Committee Recommendation be adopted. The motion was put and declared CARRIED.


16


Report Information

Location: Lot 61 HN303 Main Street Balcatta

Applicant: Vanda Reed


Business Unit: Asset Management

Ward: Osborne


1. That APPROVAL be given to purchase road widening for the amount of $1,100 as detailed on Small Plan No. EO-689, from the owner of Lot 61 HN303 Main Street, Balcatta.

2. That AUTHORITY be given to sign and affix the Common Seal to the necessary Deed to facilitate the settlement of the purchase of the road widening from the owner of Lot 61 HN303 Main Street, Balcatta.

3. That an absolute caveat be LODGED over the title of Lot 61 pursuant to the Deed to ensure transfer and dedication of the road widening land.

4. That, upon dedication of the road widening land from Lot 61 HN303 Main Street, Balcatta, as detailed on Small Plan No. EO-689, AUTHORITY be given to sign and affix the Common Seal to the necessary documentation to effect withdrawal of the absolute caveat from the title of the said lot.



Report Information

Location: Lot 107 HN301 Main Street Balcatta

Applicant: Owners of O'Connor Gardens, Strata Plan 36193



Ward: Osborne

Continued…


17


1. That APPROVAL be given to pay the amount of $275 to the Owners of O'Connor Gardens, Strata Plan 36193 as full settlement of compensation for the road widening from the common property of Strata Plan 36193 as shown on Small Plan No. EO-688-03 subject to the Owners of O'Connor Gardens entering into a Deed of Release with the City.

2. That AUTHORITY be given to sign and affix the Common Seal to the Deed to facilitate the settlement of the compensation for the road widening with the Owners of O' Connor Gardens.


11.1/ED5 SPEED ZONING BEAUFORT STREET, MT LAWLEY - GRAND PROMENADE TO WALCOTT STREET

Report Information

Location: Beaufort Street, Mt Lawley - Grand Promenade to Walcott Street




Ward: Inglewood and Lawley


1. That an APPLICATION be made to Main Roads Western Australia for consideration to introduce a 50km/h Speed Zone on Beaufort Street from Grand Promenade to Walcott Street.

2. That the Public Transport Authority be REQUESTED to comment on the proposal to reduce the speed limit on Beaufort Street from 60km/h to 50km/h between Grand Promenade and Walcott Street.

3. That local press and Local Members of Parliament be ADVISED on the proposal to reduce the

speed limit on Beaufort Street from 60km/h to 50km/h between Grand Promenade and Walcott Street.



18

Councillor Tyzack disclosed an interest affecting impartiality in Item 11.1/ED6 as he is an employee of Perth College.

11.1/ED6 INSTALLATION OF 40KM SPEED SIGNS PAINTED ON BEAUFORT STREET, MOUNT LAWLEY ADJACENT TO PERTH COLLEGE

Report Information

Location: Perth College, Beaufort Street, Mount Lawley




Ward: Lawley


1. That Council NOTES:

a) the Perth College application dated 16 March 2005 to Main Roads Western Australia for CONSIDERATION of 40km/h School Zone marking on Beaufort Street, Mount Lawley; and

b) the City's officers SUPPORT of this application given to Main Roads WA. Moved Councillor Copley, seconded Councillor Daniel That the Committee Recommendation be adopted. The motion was put and declared CARRIED.

11.1/ED7 NORTH BEACH JETTY AND SURROUNDS REMEDIATION WORKS - PROGRESS REPORT

Report Information

Location: North Beach Jetty, West Coast Drive, North Beach




Ward: Coastal


1. That Council NOTE the information regarding the approval process and status of grant funding available for the remediation works required at the North Beach Jetty area.

Continued…


19

2. That the project be LISTED for consideration on the 2005/06 Capital Works Programme and that the current funding (cost centre C0479 - $470,000) be reallocated at the May Budget Review.


11.1/ED8 ROAD SAFETY COMPLAINTS KARRINYUP TRAFFIC ACTION GROUP - FINNERTY STREET, PASCOE STREET AND RAMSAY STREET, KARRINYUP

Report Information

Location: Pascoe, Finnerty and Ramsay Streets, Karrinyup

Applicant: Karrinyup Traffic Action Group



Ward: Hamersley


1. That the information contained in the Director Infrastructure Management's report on Road Safety Complaints Karrinyup Traffic Action Group - Finery Street, Pascoe Street and Ramsay Street, Karrinyup, detailing a comparison of streets with similar concerns equal to or greater than Pascoe, Ramsay and Finnerty Streets, be RECEIVED.

2. That Council NOTE that the Warrant Score Evaluation for Pascoe Street identifies this location as being one requiring "low cost non-capital works solutions (eg, signing and line marking) if appropriate, review again after two (2) years".

3. That the Karrinyup Road Traffic Management Group and local residents be ADVISED that in accordance with Council's resolution at its meeting 30 November 2004 (Item 11.1 ED1) that funding for an oval slow point to the maximum value of $40,000, will be listed on the Draft 2005/06 Works Budget for consideration by Council during the Budget setting process.

4. That the City UNDERTAKE a review of the traffic management warrant criteria and associated factors. Moved Councillor Copley, seconded Councillor Daniel That the Committee Recommendations be adopted. The motion was put and declared CARRIED.


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11.1/ED9 INSTALL PELICAN SIGNALS ON BEAUFORT STREET

Report Information

Location: Beaufort Street, Mt Lawley between Second and Third Avenues



Business Unit: Infrastructure Management

Ward: Lawley


That the information regarding the feasibility of installing Pelican Signals on Beaufort Street between Second Avenue and Third Avenue, Mount Lawley be NOTED. Moved Councillor Copley, seconded Councillor Daniel That the Committee Recommendation be adopted. The motion was put and declared CARRIED.

11.1/ED10 DRAFT TRIGG BEACH MASTER PLAN AND WORKSHOP

Report Information

Location: Trigg Beach Master Plan Study Area




Ward: Coastal


1. That the outcomes of the Councillor Workshop on the Trigg Beach Master Plan held on the 9 April 2005 be ENDORSED.

2. That the Draft Trigg Beach Master Plan 2005 be ENDORSED in principle for public advertising for a period of six (6) weeks.

3. That an open day and information display be HELD at a suitable location within the Trigg, locality during the advertisement period to provide the opportunity for residents to familiarise themselves with the plan and openly discuss the Draft Master Plan with officers and consultants and to provide the ability to give feedback on the proposal.

4. That during the consultation period, the Draft Trigg Beach Master Plan be FORWARDED to the Department for Planning and Infrastructure and the Heritage Council of Western Australia for comment and to seek their support for the plan and in particular to seek advice on the possible future use of the heritage listed property on Lot 3 West Coast Drive.

Continued…


21

5. That subject to the sale of lots 5 and 48 West Coast Drive the proceeds of that sale be COMMITTED to the implementation of the final adopted Trigg Beach Master Plan and should the funds not be forthcoming the overall master plan be reassessed (Councillor Stewart dissented).

6. That the City of Stirling Mayor of the day REQUEST that Bob Kucera MLA lead a deputation to the Minister for Tourism on the opportunities that the Surf Life Saving Championships could provide.

7. That further discussions BE HELD with the operator of the Trigg Island Café and the Trigg Surf Life Saving Club as required on elements of the Master Plan and parking issues at that location.

8. That the Director Community Development be REQUESTED to develop in conjunction with Surfing WA / WA Life Saving a proposal for the relocation of the Surfing WA facility with a view to securing maximum grant funding from the Department for Sport and Recreation.

9. That the staging of works be SCHEDULED according to the availability of grant funding to include the works to relocate West Coast Drive, amend the southern car parks and create the enlarged reserve as soon as is practicable.

10. That to demonstrate the City’s commitment to the Trigg Beach Master Plan Concept and to assist in leverage for State funding, that funds totalling $790,000 for Stage 1 works be LISTED on the 2005/06 Draft Works Budget for consideration.

11. That advertising INCLUDES formal advertising of a major land transaction under section 3.59 of the local government act to address relocation, addition and new buildings and leases proposed in the master plan.

Moved Councillor Copley, seconded Councillor Pickard 1. That the outcomes of the Councillor Workshop on the Trigg Beach Master Plan held on the 9

April 2005 be ENDORSED in principle. 2. That the Draft Trigg Beach Master Plan 2005 be ENDORSED in principle for public advertising

for a period of six (6) weeks. 3. That an open day and information display be HELD at a suitable location within the Trigg,

locality during the advertisement period to provide the opportunity for residents to familiarise themselves with the plan and openly discuss the Draft Master Plan with officers and consultants and to provide the ability to give feedback on the proposal.

4. That during the consultation period, the Draft Trigg Beach Master Plan be FORWARDED to the Department for Planning and Infrastructure and the Heritage Council of Western Australia for comment and to seek their support for the plan and in particular to seek advice on the possible future use of the heritage listed property on Lot 3 West Coast Drive.

The motion was put and declared CARRIED. Moved Councillor Copley, seconded Councillor Pickard 5. That subject to the sale of lots 5 and 48 West Coast Drive the proceeds of that sale be

COMMITTED to the implementation of the final adopted Trigg Beach Master Plan and should the funds not be forthcoming the overall master plan be reassessed

The motion was put and declared CARRIED. Councillor Stewart dissented.

Continued…


22

Moved Councillor Copley, seconded Councillor Pickard 6. That the City of Stirling Mayor of the day REQUEST that Bob Kucera MLA lead a deputation

to the Minister for Tourism on the opportunities that the Surf Life Saving Championships could provide.

7. That further discussions BE HELD with the operator of the Trigg Island Café and the Trigg Surf Life Saving Club as required on elements of the Master Plan and parking issues at that location.

8. That the Director Community Development be REQUESTED to develop in conjunction with Surfing WA / WA Life Saving a proposal for the relocation of the Surfing WA facility with a view to securing maximum grant funding from the Department for Sport and Recreation.

9. That the staging of works be SCHEDULED according to the availability of grant funding to include the works to relocate West Coast Drive, amend the southern car parks and create the enlarged reserve as soon as is practicable.

10. That to demonstrate the City’s commitment to the Trigg Beach Master Plan Concept and to assist in leverage for State funding, that funds totalling $790,000 for Stage 1 works be LISTED on the 2005/06 Draft Works Budget for consideration.

11. That advertising INCLUDES formal advertising of a major land transaction under section 3.59 of the local government act to address relocation, addition and new buildings and leases proposed in the master plan.

The motion was put and declared CARRIED.

11.1/ED11 PELICAN SIGNALS ON SCARBOROUGH BEACH ROAD AT GUILDERCLIFFE STREET, SCARBOROUGH

Report Information

Location: Scarborough Beach Road, Doubleview near Guildercliffe Street




Ward: Doubleview


1. That the information regarding the feasibility of installing Pelican signals on Scarborough Beach Road near Guildercliffe Street be NOTED.

2. That Council CONSIDER the further development of the Doubleview Commercial Centre detailed design works which are intended to address the pedestrian crossing issues at this location.



23

11.1/PR1 DIANELLA REGIONAL OPEN SPACE MASTER PLAN

Report Information

Location: Dianella Regional Open Space, Alexander Drive, Dianella




Ward: Inglewood


That the report on the progress of a Master Plan for the Dianella Regional Open Space be RECEIVED. Moved Councillor Copley, seconded Councillor Daniel That the Committee Recommendation be adopted. The motion was put and declared CARRIED.

11.1/PR2 STIRLING GARDENS WAR MEMORIAL

Report Information

Location: Stirling Gardens, Civic Street, Stirling




Ward: Osborne


1. That the Memorandum of Understanding between the City of Stirling and Far East Strategic Reserve Association as outlined in this report be ADOPTED by Council.

2. That the minutes of the Stirling War Memorial Joint Working Group Meeting to plan the rededication ceremony and inaugural ANZAC Day Ceremony at the Stirling War Memorial be RECEIVED.



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11.1/PR3 MILLET SELINA RESERVE COMMUNITY CONSULTATION

Report Information

Location: Huntriss Road, Innaloo




Ward: Doubleview


1. That in response to community submissions the proposed basketball court be DELETED from the Millet Selina Community Park Development Plan.

2. That the amended Millet Selina Community Park Development Plan with the proposed basketball court removed be ADOPTED.

3. That APPROVAL is given to construct the first stage of Millet Selina Community Park Development with funds on the 2004/05 budget

4. That staff NEGOTIATE closure of the bus lane through Millet Selina Community Park and the re-routing of the bus route with the Department of Planing and Infrastructure.


11.1/PR4 NATURAL ENVIRONMENT ADVISORY COMMITTEE MINUTES

Report Information

Location: Citywide

Applicant: Natural Environment Advisory Committee



Ward: Citywide


That the Minutes of the Natural Environment Advisory Committee dated the 17 February 2005 and the 11 March 2005 be RECEIVED. Moved Councillor Copley, seconded Councillor Daniel That the Committee Recommendation be adopted. The motion was put and declared CARRIED.


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11.1/PR5 DEANMORE SQUARE DRAINAGE BASIN

Report Information

Location: Deanmore Square Reserve




Ward: Coastal


1. That Water Corporations Deanmore Square Compensation Basin 2005 Upgrade Public Consultation Report be RECEIVED.

2. That amended Deanmore Square Basin Upgrade Landscape Concept developed as part of the Public Consultation Process be APPROVED.

3. That the issue of the cricket practice wicket be CONSIDERED as a separate item and that the City’s Leisure Planning Coordinator carry out a community use survey of the practice facility and REPORT back to Council on its long-term future.


11.1/CFR1 FEDERAL FUNDING FOR TELEVISION RECEPTION ON COASTAL STRIP Councillor Pickard called for a report to the Technical Services Committee regarding eligibility for federal funding to improve television reception on the Coastal Strip.


26

ITEM: 11.2 CORPORATE AND COMMUNITY COMMITTEE - 26 APRIL 2005 COMMITTEE RECOMMENDATIONS TO COUNCIL The Items from the Corporate and Community Committee of 26 April 2005 were considered in the following order:- 11.2/F3, 11.2/CS1, 11.2/A1 and 11.2/CM1.

11.2/HR1 STAFF ESTABLISHMENT REPORT

Report Information



Reporting Officer: Manager Human Resources

Business Unit: Human Resources



That the Staff Establishment Report for the period ending 31 March 2005 be RECEIVED. Moved Councillor Daniel, seconded Councillor Pickard That the Committee Recommendation be adopted. The motion was put and declared CARRIED.

11.2/TE1 TENDER FOR THE PROVISION OF BANKING SERVICES

Report Information



Reporting Officer: Director Corporate Resource Management

Business Unit: Finance Services



1. That the tender from WestPac Banking Corporation for the provision of banking services to the City of Stirling be ACCEPTED:

• At the tendered rates as detailed in Appendix A; and

• For a period of three (3) years from the 1 July 2005, with an option to renew annually, subject to acceptable performance for a further three (3) years.

Continued…


27

2. The continuity of the Contract will be SUBJECT to WestPac Banking Corporation providing the quoted services and prices in a manner as stated in the Tender.

Moved Councillor Daniel, seconded Councillor Pickard That the Committee Recommendations be adopted. The motion was put and declared CARRIED.

11.2/F1 AUTHORISATION OF EXPENDITURE FOR PERIOD 9 ENDING 31 MARCH 2005

Report Information







That the schedule of cheques drawn for Period 9 - 1 March - 31 March 2005 amounting to:-

Municipal Fund $15,175,302.25

Trust Fund -

TOTAL $15,175,302.25

be RECEIVED. Moved Councillor Daniel, seconded Councillor Pickard That the Committee Recommendation be adopted. The motion was put and declared CARRIED.


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11.2/F2 MONTHLY FINANCIAL REPORT FOR THE 9 MONTH PERIOD ENDING 31 MARCH 2005

Report Information







That the report of the Director Corporate Resource Management dated 13 April 2005 presenting the Monthly Financial Statements for the 9 month period ending 31 March 2005 be RECEIVED. Moved Councillor Daniel, seconded Councillor Pickard That the Committee Recommendation be adopted. The motion was put and declared CARRIED.

11.2/F3 QUARTERLY FINANCIAL REPORTING AND PRODUCTION OF QUARTERLY REPORTS - 30 JUNE 2005

Report Information







1. That the report of the Director Corporate Resource Management dated 13 April 2005 concerning the compilation of Quarterly Financial Statements be NOTED; and

2. That the normal Monthly Reports are compiled with a full set of financial statements inclusive of Operating Statements, Cash Flow Statements, Balance Sheet, Rating Information Statements and analytical commentary which adequately satisfy the requirements of the Local government (Financial Management) Regulations 1996, and there is NO NEED to compile specific Quarterly Statements.

Continued…


29

3. That a quarterly financial report NOT be prepared for the period ending 30 June 2005. NB: ABSOLUTE MAJORITY VOTE REQUIRED. Moved Councillor Daniel, seconded Councillor Willox That the Committee Recommendations be adopted. The motion was put and declared CARRIED by an ABSOLUTE MAJORITY VOTE.

11.2/F4 RATES TO BE WRITTEN OFF

Report Information







1. That $185.00 rates for the 2004/05 year on 1/382 Lennard Street, Dianella be WRITTEN OFF pursuant to Section 6.12(1)(c) of the Local Government Act 1995.

2. That the appropriate adjustments to the City of Stirling Rate Book be MADE to reflect the debt being written off.



30

11.2/F5 RECOVERY OF OUTSTANDING RATES

Report Information







That the recovery of rates outstanding on properties detailed in the schedule provided under confidential separate cover to the report of the Director Corporate Resource Management dated 22 March 2005 PROCEEDS according to the individual recommendations made. Moved Councillor Daniel, seconded Councillor Pickard That the Committee Recommendation be adopted. The motion was put and declared CARRIED.

11.2/CS1 YOUTH ADVISORY COUNCIL REPORT APRIL 2005

Report Information

Location: All


Reporting Officer: Director Community Development

Business Unit: Community Services

Ward: City Wide


1. That Council RECEIVE the Youth Advisory Council Agenda and Minutes for the meetings 10 March 2005 and 14 April 2005

2. That Council seeks comments from YAC in relation to anti-social behaviour by skate users. Moved Councillor Daniel, seconded Councillor Clarey 1. That Council RECEIVE the Youth Advisory Council Agenda and Minutes for the meetings 10

March 2005 and 14 April 2005 2. That Council seeks comments from YAC in relation to strategies to address anti-social

behaviour by skate users. The motion was put and declared CARRIED.


31

11.2/CS2 MT LAWLEY PLAYGROUP INC - NEW MANAGEMENT LICENCE

Report Information

Location: 26 Ranger Road, Yokine

Applicant: Mt Lawley Playgroup Inc


Business Unit: Recreation and Cultural Services

Ward: Lawley


1. That the Mt Lawley Playgroup Inc BE GRANTED a Management Licence for the premises that it uses situated at 26 Ranger Road, Yokine.

2. That authority BE GIVEN for signing and affixing the Common Seal of the City of Stirling to the Management Licence document.

3. That the annual licence fee BE SET at $299 in accordance with Council Policy. Moved Councillor Daniel, seconded Councillor Pickard That the Committee Recommendations be adopted. The motion was put and declared CARRIED.

11.2/CS3 MT LAWLEY NEIGHBOURHOOD TOY LIBRARY INC - NEW MANAGEMENT LICENCE

Report Information

Location: Corner Blythe Avenue and Lonsdale Street, Yokine

Applicant: Mt Lawley Neighbourhood Toy Library Inc



Ward: Lawley


1. That the Mt Lawley Neighbourhood Toy Library Inc be GRANTED a Management Licence for the building that it uses situated at the corner of Blythe Avenue and Lonsdale Street, Yokine.

2. That authority be GIVEN for signing and affixing the Common Seal of the City of Stirling to the Management Licence document.

3. That the annual licence fee be SET at $299 in accordance with Council Policy. Moved Councillor Daniel, seconded Councillor Pickard That the Committee Recommendations be adopted. The motion was put and declared CARRIED.


32

11.2/CS4 LEASE OF MEZZANINE AREA HERB GRAHAM RECREATION AND FITNESS CENTRE

Report Information

Location: Lot 27 HN 29 Chesterfield Road, Mirrabooka

Applicant: Grasso Metcalf Evolutions Pty Ltd



Ward: Balga


1. That APPROVAL be given to ADVERTISE the proposed lease of the mezzanine floor area at the Herb Graham Recreation and Fitness Centre to Grasso Metcalf Evolutions Pty Ltd trading as the Academy of Mixed Martial Arts pursuant to section 3.58(3) and (4) of the Local Government Act 1995 for the purpose of martial arts training for a term of 3 years plus an option of a further 3 years at a commencing annual rental of $25,740 plus GST.

2. That , subject to no objections being received, APPROVAL BE GIVEN to enter into a lease with Grasso Metcalf Evolutions Pty Ltd in respect of the mezzanine floor area at the Herb Graham Recreation and Fitness Centre for the purpose of martial arts training for a term of 3 years plus an option of a further 3 years at a commencing annual rental of $25,740 plus GST.

3. That, AUTHORITY be given to sign and affix the Common Seal to the necessary documentation to effect the Lease between the City and Grasso Metcalf Evolutions Pty Ltd in respect of the mezzanine floor area at the Herb Graham Recreation and Fitness Centre for the purpose of martial arts training for an initial term of 3 years and the further 3 year term at a commencing annual rental of $25,740 plus GST.



33

11.2/CS5 OPTION TO EXERCISE EXTENSION OF LEASE - SCARBOROUGH CIVIC CENTRE SPORTS FACILITY

Report Information

Location: Gildercliffe Street, Scarborough

Applicant: The Federation of Western Australia Police & Citizens Youth Club Inc



Ward: Coastal


That Council:

1. NOTE that the Federation of Western Australia Police & Citizens' Youth Club Inc has exercised its first option to extend the lease of the Scarborough Civic Centre Sports Facility for a further five years commencing 6 July 2005.

2. APPROVE an annual rental fee of $350 plus GST.

3. PREPARE the lease extension documentation.

4. SIGN and AFFIX the Common Seal to the lease extension documentation. Moved Councillor Daniel, seconded Councillor Pickard That the Committee Recommendations be adopted. The motion was put and declared CARRIED.

11.2/CS6 REQUEST FOR FINANCIAL ASSISTANCE - SUNSET COAST TOURISM ASSOCIATION

Report Information


Applicant: Sunset Coast Tourism Association Inc.

Reporting Officer: Chief Executive Officer

Business Unit: Office of the CEO

Ward: Coastal


That the Sunset Coast Tourism Association Inc. be ADVISED that the City of Stirling accedes to their request for financial assistance of $7000 (exclusive of GST) to assist in promoting tourism development in the City of Stirling. Moved Councillor Daniel, seconded Councillor Pickard That the Committee Recommendation be adopted. The motion was put and declared CARRIED.


34

11.2/A1 REVIEW OF THE COUNCIL'S DECISION MAKING PROCESS

Report Information




1. That the Council ADOPT the three Standing Committees of Planning and Development, Infrastructure and Community Development, and Resource Management.

2. That the Council ADOPT a decision making process incorporating a Briefing Session the first Tuesday of each month, Infrastructure and Community Development Committee and Resource Management Committee the second Tuesday of each month, Planning and Development Committee the third Tuesday of each month, and a Council Meeting the fourth Tuesday of each month, where possible.

3. That the Council ADOPT the meeting schedule detailed below for the year 2005, and that local public notice be given in accordance with the Local Government Act 1995.

Month 2005 Meeting Time and Date May Briefing Session 5.00pm Tuesday 10 May 2005 Infrastructure and Community Development 4.00pm Tuesday 17 May 2005 Resource Management 7.00pm Tuesday 17 May 2005 Planning and Development 4.00pm Tuesday 24 May 2005 Council 7.00pm Tuesday 31 May 2005 June Briefing Session 5.00pm Tuesday 7 June 2005 Infrastructure and Community Development 4.00pm Tuesday 14 June 2005 Resource Management 7.00pm Tuesday 14 June 2005 Planning and Development 4.00pm Tuesday 21 June 2005 Council 7.00pm Tuesday 28 June 2005 July Briefing Session 5.00pm Tuesday 5 July 2005 Infrastructure and Community Development 4.00pm Tuesday 12 July 2005 Resource Management 7.00pm Tuesday 12 July 2005 Planning and Development 4.00pm Tuesday 19 July 2005 Council 7.00pm Tuesday 26 July 2005

August Briefing Session 5.00pm Tuesday 2 August 2005 Infrastructure and Community Development 4.00pm Tuesday 9 August 2005 Resource Management 7.00pm Tuesday 9 August 2005 Planning and Development 4.00pm Tuesday 16 August 2005 Council 7.00pm Tuesday 23 August 2005 September Briefing Session 5.00pm Tuesday 6 September 2005 Infrastructure and Community Development 4.00pm Tuesday 13 September 2005 Resource Management 7.00pm Tuesday 13 September 2005 Planning and Development 4.00pm Tuesday 20 September 2005 Council 7.00pm Tuesday 27 September 2005

Continued…


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October Briefing Session 5.00pm Tuesday 4 October 2005 Infrastructure and Community Development 4.00pm Tuesday 11 October 2005 Resource Management 7.00pm Tuesday 11 October 2005 Planning and Development 4.00pm Tuesday 18 October 2005 Council 7.00pm Tuesday 25 October 2005 November Briefing Session 5.00pm Tuesday 1 November 2005 Infrastructure and Community Development 4.00pm Tuesday 8 November 2005 Resource Management 7.00pm Tuesday 8 November 2005 Planning and Development 4.00pm Tuesday 15 November 2005 Council 7.00pm Tuesday 22 November 2005 December Briefing Session 5.00pm Tuesday 29 November 2005 Infrastructure and Community Development 4.00pm Tuesday 6 December 2005 Resource Management 7.00pm Tuesday 6 December 2005 Planning and Development 4.00pm Wednesday 7 December 2005 Council 7.00pm Tuesday 13 December 2005 4. That the meeting schedule be REVIEWED in November 2005. NB: ABSOLUTE MAJORITY VOTE REQUIRED. Moved Councillor Daniel, seconded Councillor Clarey That the Committee Recommendation be adopted. The motion was put and declared CARRIED by an ABSOLUTE MAJORITY VOTE.

11.2/A2 AUDIT COMMITTEE MINUTES 21 MARCH 2005

Report Information




Business Unit: Not Applicable



That the Minutes of the Audit Committee of 21st March 2005 be RECEIVED and ENDORSED. Moved Councillor Daniel, seconded Councillor Pickard That the Committee Recommendation be adopted. The motion was put and declared CARRIED.


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Councillor Stewart disclosed an interest affecting impartiality in Item 11.2/A3 in relation to recommendation three as his wife is the Secretary of the Trigg, North Beach, Watermans Bay Community Association.

11.2/A3 ASSET RATIONALISATION PROJECT COMMITTEE - MINUTES OF MEETING 20 APRIL 2005

Report Information



Reporting Officer: Deputy Chief Executive Officer


Ward: All


1. That the progress report on negotiations for the lease of Level 2 of the new administration building be RECEIVED.

2. That consideration of the options for converting the Inglewood Civic Centre for commercial

tenancies be DEFERRED for a period of 6 months to enable assessment of the commercial activities at the town centre at that time.

3. That the Deputy Chief Executive Officer's report on the status of the legal action and rezoning of

Lots 5 and 48 HN 1 and 2 Karrinyup Road, Trigg DATED 12 April 2005 be RECEIVED. 4. That in light of the Planning Services Department's recommendation to Council relating to

development restrictions for Lots 5 and 48 HN 1 and 2 Karrinyup Road, Trigg, the City's officers and solicitors be ADVISED to re-negotiate a possible settlement for the legal action with the Plaintiffs.

5. That the proposed land exchange of portions of the City's Lot 337 (HN 186) Cedric Street, Balcatta

(totalling approx 972m2) for a portion of Crown Reserve 28571 (HN 31) Poincaire Street, Balcatta (approx 444m2) as shown delineated on the plan at Appendix 1 attached, be APPROVED subject to the following terms:-

! The land exchange to be on the basis of a current market valuation to be carried out by

the Valuer General's Office for the subject land not more than 3 months prior the date of settlement;

! If the market value of the portions of Lot 337 (totalling approx 972m2) to be transferred to the Department of Education and Training is greater than the portion of Reserve 28571 (approx 444m2), a cash adjustment for the value difference in favour of the City will be paid by the Department of Education and Training at settlement, no cash adjustment will be made vice versa;

! Completion of all the necessary amendments to the Metropolitan Region Scheme and District Planning Scheme No 2 (rezoning) prior to settlement at the cost of the Department of Education and Training;

! WAPC Subdivision approval and survey being obtained by the Department of Education and Training at its costs to facilitate the proposed land exchange; and

! The City's existing stormwater drainage pipe in Lot 337 Cedric Street and Reserve 28571 be protected by way of a 10m wide Drainage Easement to the City.

Continued…


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6. That AUTHORITY be given to sign and affix the Common Seal to a Deed of Agreement and

Transfer of land documentation between the City and The Department of Education and Training to effect the proposed exchange of portions of Lot 337 (HN 186) Cedric Street, Balcatta and Crown Reserve 28571 (HN 31) Poincaire Street, Balcatta.

7. That the report on progress with sales and lease negotiations relating to the Civic Precinct be

RECEIVED. 8. That the offer from Holcross Holdings Pty Ltd dated 15 April 2005 to purchase the R40 Lots 734,

758 and 787 in the Civic Precinct by way of an option and tripartite agreement (copy attached) be NOTED.

9. That Holcross Holdings Pty Ltd be ADVISED that the Council is not prepared to negotiate further

on the offer presented. 10. That the Land Asset Rationalisation Gantt Chart and Land Sale Summery reports be RECEIVED. 11. That the matter of the future of the Asset Rationalisation Project Committee be REVIEWED

following the May Council Election. 12. That the offer from the Chabad of Western Australia dated 18 April 2005 to purchase the City's

Lots 95 and 96 HN 2 and 4 Whitworth Place, Dianella by private treaty (copy attached) be NOTED. 13. That Council PROCEEDS with the sale of Lots 95 and 96 HN 2 and 4 Whitworth Place, Dianella by

Public Auction as resolved. Moved Councillor Daniel, seconded Councillor Pickard That the Committee Recommendations be adopted. The motion was put and declared CARRIED.

11.2/A4 IT BUSINESS AND COSINF UPDATE - APRIL 2005

Report Information




Business Unit: Information Technology



That the report of the Director Corporate and Resource Management on the update of the IT Business Unit and the CoSINF Project, April 2005 be RECEIVED. Moved Councillor Daniel, seconded Councillor Pickard That the Committee Recommendation be adopted. The motion was put and declared CARRIED.


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11.2/A5 SPONSORSHIP OF THE 2005 STIRLING SMALL BUSINESS AWARDS

Report Information







That the Council APPROVE the $2,000 category sponsorship of the 2005 Small Business Awards for the Stirling Business Association, Account Number A0107-A-3923-0000. Moved Councillor Daniel, seconded Councillor Pickard That the Committee Recommendation be adopted. The motion was put and declared CARRIED.

11.2/A6 MINDARIE REGIONAL COUNCIL NEW ESTABLISHMENT AGREEMENT AND DEED

Report Information

Location: Mindarie Council Region

Applicant: Mindarie Regional Council


Business Unit: Deputy Chief Executive Officer



1. That the revised Establishment Agreement and Deed for the Mindarie Regional Council be ENDORSED.

2. That AUTHORITY be given to sign the Deed and Establishment Agreement on behalf of the City of Stirling.



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11.2/A7 LAND ACQUISITION - TOWN PLANNING SCHEME NO 38 EXTENSION AND UPGRADE OF TWYFORD PLACE PUBLIC OPEN SPACE

Report Information

Location: Part of Lots 852, 45 and 123 west of Ellen Stirling Boulevard, Innaloo




Ward: Doubleview


That APPROVAL be given to purchase the portions of Pt Lots 852, 45 and 123 reserved for Twyford Place Public Open Space under Town Planning Scheme No 38 from Fabray Pty Ltd at the purchase price of $785,000 plus 10% GST when funds are available from the Scheme Owners. Moved Councillor Daniel, seconded Councillor Pickard That the Committee Recommendation be adopted. The motion was put and declared CARRIED. A supplementary report was submitted at the Council meeting relating to additional information concerning Item 11.2/CM1 and forms a separate attachment.

11.2/CM1 RAYCREST NOMINEES PTY LTD VS CITY OF STIRLING - SUPREME COURT ACTION CIV 1659 OF 2003

Report Information

Location: Cnr Ellen Stirling Boulevard and Scarborough Beach Road “Innaloo Shoppers Village”

Applicant: Raycrest Nominees Pty Ltd


Business Unit: Deputy Chief Executive Officer

Ward: Osborne


1. That an attempt be made to SETTLE the claim made by Raycrest Nominees against City of Stirling by compromise to achieve an outcome along the following lines:

Continued…


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a) A payment by Raycrest of an amount no less than the amount recommended in the confidential report dated 20 April 2005 in compromise settlement of Town Planning Scheme 38 (TPS38) account of $186,434.59.

b) Payment by all parties of their legal costs.

c) A compromise deed in which the plaintiffs acknowledge that all costs are subject of accounts from City of Stirling from December 1998 are the responsibility of and will be payable by Raycrest Nominees Pty Ltd.

Moved Councillor Daniel, seconded Councillor Willox That the Committee Recommendation be adopted. The motion was put and declared CARRIED.

11.2/CFR1 REVIEW OF 'PRESS STATEMENTS' POLICY - COUNCILLOR PICKARD Councillor Pickard sought an update on the review of the Council's Press Statements Policy.


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ITEM: 12 ADMINISTRATION REPORTS ITEM 12.1 SUBJECT SPECIAL MEETING OF COUNCIL - 9 MAY 2005 REPORT Chief Executive Officer - 28 April 2005 Moved Councillor Boothman, seconded Councillor Rose That the information concerning a Special Meeting of Council to be held on 9 May 2005 at 6.00pm be RECEIVED. The motion was put and declared CARRIED. RECOMMENDATION TO COUNCIL That the information concerning a Special Meeting of Council to be held on 9 May 2005 at 6.00pm be RECEIVED. REPORT PURPOSE To advise Council of a Special Meeting of Council to be held on 9 May 2005. BACKGROUND The count for the City's 2005 ordinary elections is to be held on Saturday 7 May 2005. Arising from the count and subsequent declaration of the Councillors elected to fill the City's eight elected member vacancies, it will be necessary for Council to convene as soon as possible for the purpose of facilitating post-election requirements such as swearing in of new councillors, electing the Mayor and Deputy Mayor, establishing committees and appointing members to such committees, appoint City delegates to external groups and other related business. In accordance with Section 5.4(a)(i) of the Local Government Act 1995, His Worship the Mayor has formally called a Special Meeting of Council to be held on Monday 9 May 2005 commencing at 6.00pm. The agenda for this meeting will incorporate the following items:-

1. Swearing in of New Councillors 2. Election and Swearing in of Mayor 3. Election and Swearing in of Deputy Mayor 4. Public Question Time 5. Report of Returning Officer 6. Appointment of Standing Committees 7. Appointment of Occasional Committees 8. Appointment of Delegates 9. Other Miscellaneous Committees

COMMENT In order for Council to complete post-election processes as soon as possible, it is considered appropriate that Council meet as soon as practicable after the elections. On this basis the Mayor has called the meeting in accordance with the Local Government Act and therefore it is recommended that this information be received.


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This item was submitted as a late item. ITEM 12.2 WARD: DOUBLEVIEW SUBJECT TOWN PLANNING SCHEME NO 38 - REMOVAL OF SECTION 70A NOTIFICATION LOCATION LOT 115 HN 16 TWYFORD PLACE AND LOT 117 HN 2 SHAWFORD PLACE, INNALOO NAME AEGIS AGED CARE GROUP PTY LTD AND SKYLINER PTY LTD REPORT Deputy Chief Executive Officer – 3 May 2005 Moved Councillor Ham, seconded Councillor Pickard 1. That AUTHORITY be given to sign and affix the Common Seal to the necessary document to

remove Section 70A Notifications I088612 and I952897 from Lots 115 HN 16 Twyford Place and Lot 117 HN2 Shawford Place, Innaloo respectively.

2. The costs associated with the removal of S70A Notifications I088612 and I952897 will be the

responsibility of the landowners. The motion was put and declared CARRIED. RECOMMENDATIONS TO COUNCIL 1. That AUTHORITY be given to sign and affix the Common Seal to the necessary document to

remove Section 70A Notifications I088612 and I952897 from Lots 115 HN 16 Twyford Place and Lot 117 HN2 Shawford Place, Innaloo respectively.

2. The costs associated with the removal of S70A Notifications I088612 and I952897 will be the

responsibility of the landowners. REPORT PURPOSE To seek authority to remove two Section 70A Notifications registered pursuant to the provisions of Town Planning Scheme No 38 for deferred payment of Scheme Costs. RELEVANT DOCUMENTS Attached: Locality Plan. Available for viewing at the meeting: Nil. Tax Sheet: 19-61 BACKGROUND Clause 5.7.5 of Town Planning Scheme No 38 provides for residential Scheme Owners in Precinct 3 of the Scheme Area to defer payment of Scheme Costs levied on their properties as long as those properties continue to be used for residential purposes up to a maximum density of R40. The previous owners of Lot 115 HN 16 Twyford Place and Lot 117 HN 2 Shawford Place, Innaloo elected to defer payment of Scheme Costs assessed on the said properties pursuant to Clause 5.7.5 of the Scheme Ordinance and accordingly, Notifications under Section 70A of the Transfer of Land Act were registered by the City on the title to their land to alert current and future owners of these properties to that effect. The properties were subsequently sold to Aegis Aged Care Group Pty Ltd and Skyliner Pty Ltd who have now re-developed the land for aged care purposes. Scheme Costs relevant to Lots 115 and 117 have been paid in full in accordance with the provisions of the Scheme and the owners have requested that the Section 70A Notifications be removed from the titles of Lots 115 and 117 to facilitate amalgamation of the lots.


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COMMENT Given that all Scheme Costs have been paid in full in respect of the said lots, there is no requirement for the Notification to be retained on the titles and it is recommended that the relevant Section 70A Notifications be removed. The costs associated with the removal of the Section 70A Notification are to be borne by the owners of the land. ATTACHMENT TO ITEM 12.2 TOWN PLANNING SCHEME NO 38 - REMOVAL OF SECTION 70A NOTIFICATION

LOCALITY PLAN

Lot 115 HN16 Twyford Place and Lot 117 HN2 Shawford Place, Innaloo


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At 7.49pm the Director Infrastructure Management left the meeting during consideration of Item 13 and returned at 7.52pm. ITEM: 13 MOTIONS, OF WHICH NOTICE WAS GIVEN BEFORE THE MEETING ITEM: 13.1 SUBJECT COUNCILLOR TYZACK - TOWN PLANNING AND STATUTORY COMMITTEE 12 APRIL

2005 - ITEM AP11 LOCATION PLACE OF PUBLIC WORSHIP - LOT 524, HN 907 BEAUFORT STREET, INGLEWOOD Please note the following revocation motion for Item 11.1/AP11 at the Council meeting on 19 April 2005 which is supported by Councillors TJ Tyzack, B R Ham, T E Pickard, S Popovski and R M Willox AM JP. Moved Councillor Tyzack, seconded Councillor Pickard That the resolution of 19 April 2005 Item 11.1/AP11 which reads as follows: 1. That the State Administrative Tribunal be advised that the Council is willing to SUPPORT the

appeal for the change of use to a Place of Public Worship on Lot 524, HN 907 Beaufort Street, Inglewood based on the indicative plan received 24 March 2005 and subject to the following being provided to the satisfaction of the Manager Approvals:

• The submission of plans, drawn to scale, showing the proposed ground and upper floors;

• The number of required car bays for the proposed use not exceeding 63 bays, based on normal Scheme requirements;

• The provision of a minimum 23 carbays on Lot 432, HN 98 Tenth Avenue, Inglewood;

• The provision of additional carbays, where possible, on the lot with access off the rear laneway.

2. That, following the submission of acceptable plans addressing Point 1 above, Minute of

Consent Orders be DRAFTED with relevant conditions including:

• Vehicular parking, manoeuvring and circulation areas indicated on the approved plans being sealed and drained to the satisfaction of the City.

• The number of required car bays for the proposed use not exceeding 63 bays, based

on normal Scheme requirements; • That Lot 432, HN 98 Tenth Avenue, Inglewood be transferred free of cost to the City in

fee simple;

3. That AUTHORITY BE GIVEN to sign and affix the Common Seal to the relevant documents to effect the transfer of Lot 432, HN 98 Tenth Avenue, Inglewood to the City;

• That following the transfer of the lot Council pursue the amalgamation of Lot 432, HN

98 Tenth Avenue, Inglewood with the existing public carpark adjoining. 4. That residents who previously made submissions against the proposed use be NOTIFIED of

the Council's decision. Continued…


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5. That the applicant be advised that Council will RECOGNISE the number of carbays being

given up free of cost to the City on Lot 432, HN 98 Tenth Avenue when considering any future applications for development on Lot 524, HN 907 Beaufort Street, Inglewood.

be REVOKED and REPLACED with:

That the Council NOT AGREE to the mediation settlement in relation to the Public Place of Worship - Lot 524, HN 907 Beaufort Street, Inglewood and PROCEED to the full tribunal hearing as the development is considered detrimental to the amenity of the area. The motion was put and declared CARRIED by an ABSOLUTE MAJORITY VOTE. OFFICER'S COMMENT In the event of Council deciding not to proceed or engage in mediation of this matter the appeal will proceed to a formal hearing as scheduled for 8 May 2005. Council will need to engage the services of its solicitors and independent consultants. ITEM: 14 MOTIONS, OF WHICH NOTICE WAS GIVEN DURING THE MEETING, TO BE

CONSIDERED AT A LATER MEETING Nil. ITEM: 15 RETIRING COUNCILLOR ADDRESSES Councillor Pickard Deputy Mayor, Councillor Pickard, addressed the Council and the Gallery and conveyed his appreciation to sitting Councillors and the Mayor for their guidance and support and thanked the residents of the Coastal Ward for his election. He thanked the Chief Executive Officer and all City staff for their dedication and support. On behalf of his fellow Councillors and all staff at the City of Sitlring, Councillor Pickard thanked the Mayor for his dedication and contribution to the Council over the past 17 years and acknowledged the time and effort put in and sacrifices made in his role as Mayor over the past 8 years. Councillor Popovski Councillor Popovski thanked those who had contributed to his learning and development and the enjoyable time he has had since joining the City as a Councillor in 2001. He thanked the City of Stirling staff for their passion, enthusiasm, commitment and professional dedication. Councillor Popovski also acknowledged the friendships he has made with both Councillors and staff during his time. In particular Councillor Popovski thanked his co-Ward Councillor Councillor Rose, for his dedication, loyalty and support, Councillors Daniel and Copley for their support and for making him feel welcome. He also thanked the Mayor for his contribution and leadership and acknowledged his passion and spirit before finally extending his best wishes to all existing and new Councillors.


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Councillor Vallelonga The Mayor thanked Councillors Pickard and Popovski for their comments. The Mayor advised that it has been a great honour to serve as a Councillor with the City of Stirling for the past 17 years and as Mayor for the past 8 years. He believes that the City of Stirling is one of the best local governments that anyone could wish to be part of and the City should be proud of its achievements, which are a credit to all Councillors. Without the support and teamwork of Councillors, a lot of these things could not have taken place. The Mayor gave his best wishes to those Councillors who were re-electing and thanked the current and all past deputy mayor's for their support over the years. He also thanked his fellow Councillors, the Chief Executive Officer and past Chief Executive Officers and acknowledged the support of Mr Delahaunty. The Mayor also thanked all City's Directors and staff for their support and thanked all City of Stirling residents and ratepayers, in particular the Osborne Ward. In closing, the Mayor thanked his wife, children and grandchildren for their support during his time on Council. Councillor Tyzack Councillor Tyzack thanked and acknowledged the Mayor for his time on Council and expressed his respect for Councillors Pickard and Popovski for their exceptional maturity and commitment and youthful enthusiasm. Councillor Tyzack took the opportunity to thank Councillor Camilleri for his time on Council. He acknowledged Councillor Camilleri's heart and commitment to the community as a Councillor for the past 29 years for Kalgoorlie and Stirling including 1 term as Mayor at Stirling, Justice of the Peace for 35 years and Rotarian for 33 years. Councillor Camilleri Councillor Camilleri thanked Councillor Tyzack for his comments and advised that he will miss being on Council. He thanked every Councillor and all staff for their support and assistance and extended his best wishes. CLOSURE OF MEETING The Mayor declared the meeting closed at 8.17pm. These minutes were confirmed at a meeting on..................................................................................... _____________________________ _____________________________ MAYOR DATE

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