Council Meeting Standard · 2016-05-06 · table of contents part a - opening procedures 3 1. opening and announcement of visitors 3 2. disclaimer (read aloud by presiding member)

CITY of SWAN

M I N U T E S

ORDINARY MEETING OF COUNCIL

4 NOVEMBER 2009

ATTENTION These minutes are subject to confirmation.

Prior to acting on any resolution of the Council contained in these minutes, a check should be made of the minutes of the following Ordinary Meeting of Council to ensure that there has not been a correction made to the resolution.

MINUTES ARE AVAILABLE ON THE WEBSITE

www.cityofswan.com

http://www.cityofswan.com/

TABLE OF CONTENTS

PART A - OPENING PROCEDURES 3

1. OPENING AND ANNOUNCEMENT OF VISITORS 3

2. DISCLAIMER (READ ALOUD BY PRESIDING MEMBER) 3

3. ATTENDANCE AND APOLOGIES 3

4. ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE 4

5. DECLARATIONS OF FINANCIAL INTERESTS AND INTERESTS AFFECTING IMPARTIALITY 4

6. PUBLIC QUESTION TIME 4

7. PUBLIC STATEMENT TIME 5

8. LEAVE OF ABSENCE 6

9. PETITIONS, PRESENTATIONS AND DEPUTATIONS 6

10. CONFIRMATION OF MINUTES 7

11. ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION 8

12. DECLARATIONS BY MEMBERS WHETHER THEY HAVE GIVEN DUE CONSIDERATION TO ALL MATTERS CONTAINED IN THE AGENDA PRESENTLY BEFORE THE MEETING 8

13. MEMBERS' QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN WITHOUT DISCUSSION 8

13.1 CR CONGERTON 8

14. MEMBERS' QUESTIONS OF WHICH NOTICE HAS NOT BEEN GIVEN WITHOUT DISCUSSION 8

15. ANY BUSINESS LEFT OVER FROM PREVIOUS MEETING 8

15.1 PROPOSED SAND EXTRACTION OPERATION FACILITY - LOT 5892 MARALLA ROAD, BULLSBROOK 9

15.2 APPLICATION FOR RETROSPECTIVE PLANNING APPROVAL FOR EXISTING LANDFILL - LOT 10 WEST PARADE, SOUTH GUILDFORD 9

PART B - REPORTS 13

1. CORPORATE PLANNING AND POLICY 13

2. COMMUNITY PLANNING AND DEVELOPMENT 13

2.1 COMMUNITY GARDEN PROGRAM - BALLAJURA 13

2.2 SWAN INDIGENOUS REFERENCE GROUP - NOMINATIONS 14

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3. STATUTORY PLANNING 14

3.1 FINAL ADOPTION OF AMENDMENT 12 TO LOCAL PLANNING SCHEME NO. 17 - REZONING FROM LANDSCAPE TO RURAL RESIDENTIAL - LOT 438 (566) CHITTERING ROAD, BULLSBROOK 14

3.2 PROPOSED HINDU TEMPLE ('PLACE OF WORSHIP') - LOT 47 (NO. 211) MARSHALL ROAD, BEECHBORO 15

4. OPERATIONAL MATTERS 19

4.1 REVIEW OF CAT LOCAL LAW IMPLEMENTATION 19

4.2 LOCALITY BOUNDARY REALIGNMENT - ELLENBROOK/AVELEY/THE VINES/UPPER SWAN 19

5. FINANCIAL AND LEGAL MATTERS 20

5.1 CHANGE IN BASIS OF VALUATION 20

6. GOVERNANCE 21

6.1 PROPOSED MEMORANDUM OF UNDERSTANDING BETWEEN PUBLIC TRANSPORT AUTHORITY AND CITY OF SWAN 21

7. REPORTS OF THE CHIEF EXECUTIVE OFFICER 21

8. MOTION TO ADOPT THOSE ITEMS NOT WITHDRAWN 21

9. URGENT BUSINESS 21

PART C - OTHER BUSINESS AND CLOSING PROCEDURES 25

1. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 25

2. NOTICE OF MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING IF GIVEN DURING THE MEETING 25

3. CONFIDENTIAL ITEMS 25

4. CLOSURE 25

ii

Ordinary Meeting of Council 4 November 2009

CITY of SWAN

ORDINARY COUNCIL

MEETING

PART A

OPENING PROCEDURES

4 NOVEMBER 2009

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MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD AT MIDLAND TOWN HALL

ON WEDNESDAY 4 NOVEMBER 2009 COMMENCING AT 5.30PM

PART A - OPENING PROCEDURES

1. OPENING AND ANNOUNCEMENT OF VISITORS

The Mayor welcomed those present and opened the meeting at 5.30pm.

2. DISCLAIMER (read aloud by Presiding Member)

The City of Swan disclaims any liability for any loss arising from any person or body relying on any statement, discussion, recommendation or decision made during this meeting.

Where an application for an approval, a licence, or the like is considered or determined during this meeting the City warns that neither the applicant nor any other person or body should rely upon that discussion or determination until written notice of either an approval and the conditions which relate to it or the refusal of the application has been issued by the City.

3. ATTENDANCE AND APOLOGIES

Councillors: Cr C Zannino Mayor, Swan Valley/Gidgegannup Ward (Presiding Member)

Cr D Fardig Altone Ward Cr D Lucas Altone Ward Cr M Congerton Ballajura Ward Cr J McNamara Ballajura Ward Cr N Cheung Ellenbrook Ward Cr P Williams Ellenbrook Ward Cr T Williams Guildford Ward Cr J Holmes Midland Ward Cr J Marino Midland Ward Cr K Bailey North Ward Cr D Trease Swan Valley/Gidgegannup Ward

Staff: Mr J Coten Acting Chief Executive Officer Mr C Cameron Executive Manager Corporate Services Ms M Lockyer-Benzie Executive Manager Community Services Ms L Richardson Executive Manager Planning and

Development Mr S Tan Manager Statutory Planning Ms H Pickering Public Relations Officer Ms J Rooke Governance Support Officer (Minute

Clerk)

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Leave of Absence: Cr S Gregorini – Midland Ward (from 28 October to 8 November

inclusive)

Cr M Haynes – Ballajura Ward (from 22 October to 8 November 2009 inclusive)

Cr M Wainwright – Altone Ward (from 3 to 5 November 2009 inclusive)

Apologies: Nil

Members of the Public: 8

Media: 1

4. ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE

Nil

5. DECLARATIONS OF FINANCIAL INTERESTS AND INTERESTS AFFECTING IMPARTIALITY

5.1 Cr Zannino disclosed an interest affecting impartiality in Item 15.1 of Part A (Proposed Sand Extraction Operation Facility - Lot 5892 Maralla Road, Bullsbrook) as he is related to one of the owners.

6. PUBLIC QUESTION TIME

6.1 Questions relating to reports contained in the agenda

6.1.1 Questions of which due notice has been given in writing or previously taken on notice

6.1.1.1 Mr Alan Bagini

Q1. In relation to Item 3.2 of Part B (Proposed Hindu Temple (Place of Worship) – Lot 47 (No. 211) Marshall Road, Beechboro), can the Council obtain the calendar dates and duration (number of nights per function) of the 5 major functions as what was experienced in February this year by the local residents was an unauthorised event held on the site which was one celebration that ran every night for 2 weeks between 6pm and 9pm? Can we expect 10 weeks’ worth of late night disturbances or will the Council be restricting these events?

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A1. The City has been advised by the Applicant that the five functions take place throughout the year as per the hindu calendar which is based on the date and day of the full moon and the five events are as follows:

a. Ram Navmi – one night in April b. Krishna Janmashtami – one night in August c. Sharad Pumima – one night in September d. Diwali and Hindu New Year – one night in October e. Tulsi Vivah – one night in November

The City has been advised that the function in February was a one-off event with no intention to disturb the surrounding neighbouring community.

Q2. Do the times given for weekly prayers and functions include the usage of the proposed dining hall or will this area be available outside these times for other events and functions increasing the disruption toi the local community?

A2. The City has been advised by the Applicant that the weekly prayers are held every Sunday from 4pm to 6pm. The dining hall will be used once a month during the prayer hours.

6.1.2 Questions without notice

Nil

6.2 Other Questions

6.2.1 Questions of which due notice has been given in writing or previously taken on notice

Nil

6.2.2 Questions without notice

Nil

7. PUBLIC STATEMENT TIME

Nil

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8. LEAVE OF ABSENCE

RESOLVED UNANIMOUSLY that the following Councillor be granted leave of absence for the period requested:

8.1 Cr Holmes – from 13 to 17 November 2009 (inclusive)

8.2 Cr Fardig – from 9 to 14 November 2009 (inclusive)

8.3 Cr T Williams – from 8 December 2009 to 9 January 2009 (inclusive)

(Cr Cheung – Cr Holmes)

9. PETITIONS, PRESENTATIONS AND DEPUTATIONS

9.1 Petitions

9.1.1 Petition containing 30 signatures supporting People Who Care’s redevelopment application to internally refit its existing premises at 48 James Street, Guildford. (It should be noted that all signatures are illegible and no names or street addresses have been included in the petition. The suburbs listed are all outside the City of Swan except for one which is Ellenbrook).

9.1.2 Petition containing 18 signatures supporting People Who Care’s redevelopment application to internally refit its existing premises at 48 James Street, Guildford. (It should be noted that only two of the signatories have provided a printed name and no street addresses have been included in the petition. Fourteen of the suburbs listed are outside the City of Swan).

9.1.3 Petition containing 6 signatures supporting People Who Care’s redevelopment application to internally refit its existing premises at 48 James Street, Guildford. (It should be noted that none of the signatories have provided street addresses and all of the suburbs listed are outside the City of Swan).

9.1.4 Petition containing 137 signatures of senior people in Bullsbrook and surrounding areas requesting the Government to take into consideration their needs and welfare as is done in regional areas.

9.1.5 Petition containing approximately 1000 signatures supporting People Who Care’s redevelopment application to internally refit its existing premises at 48 James Street, Guildford.

RESOLVED UNANIMOUSLY that the above petitions be referred to the Chief Executive Officer and reports be presented to a future Council meeting.

(Cr Congerton – Cr McNamara)

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9.2 Presentations

9.2.1 The City, in conjunction with MRA, DADAA and DSC, has been presented with the Toyota Community Award for the best community/arts/business initiative for the Lost Generation project.

9.2.2 The City, in conjunction with Midland Gate Shopping Centre, has been presented with the Australia Council Award for new and emerging artists for Hyper.

It was noted that the City was the only organisation to win two awards and the Council congratulated the staff involved in this achievement.

9.3 Deputations

Nil

10. CONFIRMATION OF MINUTES

10.1 Confirmation of Minutes of Ordinary meeting of Council held on 14 October 2009

CORRECTION TO MINUTES

The following should have been included under Item 6.1 of Part B (Review of Council representation on Committees)

RESOLVED (11/2) TO:

1) Not delete the following committee from the list of committees requiring formal City representation:

• Midland Parking Strategy Implementation Group

2) Submit the revised list of committees in its totality to the first Special Meeting of Council after the local municipal elections to be held on 19 October 2009 for formal City representation.

RESOLVED UNANIMOUSLY that the Minutes of the Ordinary Meeting of Council held on 14 October 2009, as amended above, be confirmed.

(Cr Congerton – Cr Holmes)

10.2 Confirmation of Minutes of Special meeting of Council held on 19 October 2009

RESOLVED UNANIMOUSLY that the Minutes of the Special Meeting of Council held on 19 October 2009, as amended above, be confirmed.

(Cr Holmes – Cr Trease)

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11. ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION

Nil

12. DECLARATIONS BY MEMBERS WHETHER THEY HAVE GIVEN DUE CONSIDERATION TO ALL MATTERS CONTAINED IN THE AGENDA PRESENTLY BEFORE THE MEETING

All Councillors present declared that they had given due consideration to all matters contained in the agenda before the meeting.

13. MEMBERS' QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN WITHOUT DISCUSSION

13.1 CR CONGERTON

Cr Congerton asked the following question at the Special Meeting of Council held on 19 October 2009 which was taken on notice:

Q1. Regarding the letter from the City of Wanneroo concerning a rapid transit system adjacent to Alexander Drive from Gnangara Road to the CBD, can the CEO seek a similar response from this Council and in what regard can we liaise with Wanneroo?

A1. It is intended that the City will be undertaking a Transport Strategy in 2010/11 which will address issues associated with public transport. This Strategy will be presented to Council. In the interim, staff can continue to liaise with the City of Wanneroo on this matter to ensure that planning is integrated between the two local authorities.

14. MEMBERS' QUESTIONS OF WHICH NOTICE HAS NOT BEEN GIVEN WITHOUT DISCUSSION

Nil

15. ANY BUSINESS LEFT OVER FROM PREVIOUS MEETING

Cr Zannino disclosed an interest affecting impartiality in Item 15.1 as he is related to one of the owners. Cr Zannino left the Chamber at 5.40pm and was absent during the whole of the discussion on Item 15.1.

The Acting CEO called for nominations for Presiding Member. Cr Fardig nominated Cr Congerton who accepted the nomination. There being no further nominations, Cr Congerton took the Chair in the Mayor's absence.

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15.1 PROPOSED SAND EXTRACTION OPERATION FACILITY - LOT 5892 MARALLA ROAD, BULLSBROOK

Council at its meeting held on 22 July 2009 resolved to defer consideration of this matter to await a traffic impact statement on Warbrook Road; investigation of alternative access to the site; and addressing the water resource management issues required by the Department of Water, due to strong objections received and to allow the Ward member and staff to have further discussions on the issues of concern raised by affected landowners.

RESOLVED UNANIMOUSLY that the information be noted.

(Cr Fardig – Cr Holmes)

Cr Zannino returned to the Chamber at 5.41pm and resumed the Chair.

15.2 APPLICATION FOR RETROSPECTIVE PLANNING APPROVAL FOR EXISTING LANDFILL - LOT 10 WEST PARADE, SOUTH GUILDFORD

Council at its meeting held on 14 October 2009 resolved to defer consideration of this matter for six weeks to allow a survey to be undertaken and referred back to Council for a decision.

RESOLVED UNANIMOUSLY that the information be noted.

(Cr Marino – Cr Bailey)

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CITY of SWAN

ORDINARY COUNCIL

MEETING

PART B

REPORTS

4 NOVEMBER 2009

Page 11


Page 12


PART B - REPORTS

1. CORPORATE PLANNING AND POLICY

Nil

2. COMMUNITY PLANNING AND DEVELOPMENT

2.1 COMMUNITY GARDEN PROGRAM - BALLAJURA

(Ballajura) (Community Development)

RECOMMENDATION

1) That the Council resolve to request the Community Development Team to work with schools in the Ballajura Ward to explore opportunities for the school gardens concept to include broader community involvement.

MOTION that the Council resolve to:

1) Defer consideration of this matter for six months to allow further community consultation to take place to determine whether the Ballajura community would support the development of a community garden, should suitable land be identified.

2) Record that the reason for changing the Recommendation is to enable further community consultation to be undertaken prior to a decision being made.

(Cr McNamara – Cr Marino)

THE MOTION WAS PUT TO THE VOTE WHICH RESULTED IN AN EQUALITY OF VOTES (6/6)

THE MAYOR EXERCISED HIS CASTING VOTE AND VOTED AGAINST THE MOTION

Cr McNamara requested that votes of members be recorded:

For: Councillors McNamara, Cheung, P Williams, Lucas, T Williams and Marino

Against: Mayor Cr Zannino, Councillors Fardig, Bailey, Trease, Congerton and Holmes

MOTION that the Recommendation be adopted.

(Cr Congerton – Cr Trease)

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RESOLVED (8/4) TO:

1) That the Council resolve to request the Community Development Team to work with schools in the Ballajura Ward to explore opportunities for the school gardens concept to include broader community involvement.

Cr McNamara requested that votes of members be recorded:

For: Mayor Cr Zannino, Councillors Cheung, P Williams, Fardig, Bailey, Trease, Congerton and Holmes

Against: Councillors McNamara, Lucas, T Williams and Marino

2.2 SWAN INDIGENOUS REFERENCE GROUP - NOMINATIONS

(All Wards) (Community Development)

RECOMMENDATION

That the Council resolve to:

1) Approve the nomination of the members of the Swan Indigenous Reference Group in accordance with the CEO’s recommendations outlined in the report.

3. STATUTORY PLANNING

3.1 FINAL ADOPTION OF AMENDMENT 12 TO LOCAL PLANNING SCHEME NO. 17 - REZONING FROM LANDSCAPE TO RURAL RESIDENTIAL - LOT 438 (566) CHITTERING ROAD, BULLSBROOK

(North) (Development Services)

RECOMMENDATION

That the Council resolve:

1) To adopt the comment/recommendations contained in the Schedule of Submissions without modification.

2) To adopt Amendment No. 12 to Local Planning Scheme No. 17 to rezone Lot 438 (566) Chittering Road, Bullsbrook from ‘Landscape’ to ‘Rural Residential’ without modification.

3) To execute the Amendment No 12 documents by the Mayor and the CEO and affix the Common Seal of the City of Swan.

4) Forward the Amendment No.12 documents plus the Schedule of Submissions to the WAPC with a request that the Hon Minister for Planning grant final approval without modification.

5) To advise those who lodged a submission of Council’s decision accordingly.

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3.2 PROPOSED HINDU TEMPLE ('PLACE OF WORSHIP') - LOT 47 (NO. 211) MARSHALL ROAD, BEECHBORO

(Altone) (Development Services) (DA825-07)

RECOMMENDATION


1) Grant approval to the Hindu Temple with ancillary facilities (‘Place of Worship’) on Lot 47 (No.211) Marshall Road, Beechboro, subject to the following conditions:

1. The development hereby permitted shall be in accordance with plans dated stamped received 10 July 2009.

2. This approval is for a ‘Place of Worship’ as defined by the City’s Local Planning Scheme No. 17. The subject land may not be used for any other use without the prior approval of the City.

3. The development must be connected to the Water Corporation’s sewer.

4. A total of 113 parking bays shall be provided, each measuring 5.5 x 2.5 metres, clearly marked on the ground and served by a 6 metre wide paved accessway. Where the accessway abuts a building or other barrier, a minimum width of 6.5 metres is required. Disabled bays to measure 5.5 x 3.5m, bays near obstructions to measure 5.5 x 2.8m.

5. Vehicle parking area, access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City, in accordance with the approved plans.

6. Vehicle access onto the site shall be restricted to that shown on the approved site plan.

7. The crossover must be built and maintained in accordance with City's specifications and to a width of 9 metres to allow for a left turn and right turn lane with appropriate line markings, to the satisfaction of the City of Swan.

8. Any existing vehicle crossover not included as part of the proposed development on the approved plan shall be removed, and the verge and kerb reinstated prior to the practical completion of the development to the City’s satisfaction.

9. Refuse bin areas adequate to service the development shall be provided to the satisfaction of the City’s Principal Environmental Health Officer before the development is occupied or used.

10. All stormwater is to be collected and contained onsite. No stormwater is to be discharged from the property into other land or reserves or discharged into the nearby creek.

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11. A landscaping plan must be submitted to the City for approval within 60 days from the date of the issue of the Planning Approval; and all landscaping must be completed in accordance with the approved detailed landscape plan, prior to the occupation of any building and all landscaping is to be maintained onsite thereafter to the satisfaction of the City of Swan.

12. The vegetation to the rear (south) of the property shall be retained and maintained to the satisfaction of the City.

13. A Landscape and Nutrient Irrigation Management Plan shall be prepared and implemented for the property within 60 days after the issue of planning approval to the proposed development to the satisfaction of the City of Swan, in consultation with the Swan River Trust.

14. Rural type long mesh fencing, coloured black, with a height of no more than 1.8 metres shall be installed along all boundaries of the subject lot, to the satisfaction of the City.

15. External lighting shall comply with the requirements of AS 4282 – Control of Obtrusive Effects of Outdoor Lighting.

16. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City.

ADVICE NOTES

a. This is a Development Approval of the City of Swan under its Local Planning Scheme No. 17. It is not a building licence or an approval to commence or carry out development under any other law. It is the responsibility of the applicant to obtain any other necessary approvals, consents and licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

b. With regard to condition 2, the use ‘Place of Worship’ is defined within the City’s Local Planning Scheme No. 17 as

‘Place of Worship’ means premises used for religious activities such as a church, chapel, mosque, synagogue or temple.

c. With regard to condition 5, all pavements on the site must be capable of accepting anticipated loadings (including accessways, parking areas, storage and hardstands). The City will not accept any responsibility for subsequent failure of any pavement.

d. With regard to condition 10, stormwater is to be piped to interconnecting soakwells. Soakwells must achieve a minimum detention and be located at least 1.8m clear of buildings and property boundaries. All soakwells are to be installed in accordance with manufacturer's specifications.

The drainage system of the site must be designed for a 1 in 5 year storm (minimum). An overland flow path must be provided for potential internal system failure.

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e. With regard to condition 11, landscaping with native vegetation shall be undertaken along the eastern boundary of the property sufficient to screen the proposed development from the ‘Regional Reserve - Parks and Recreation’ and land within and adjacent to the drainage channel shall be revegetated with local and endemic species and lawn areas kept away from the drainage channel.

f. Take notice that it is the responsibility of the applicant to advise the landowner(s) and/or builder(s) of the need to satisfy the requirements of the conditions of the planning approval for the subject lot, prior to or on lodgement of Building Applications. The City will not issue a Building Licence until all the conditions of planning approval and any other requirements pertaining to this planning approval have been met (including payment of fees and charges).

g. In accordance with the Local Government (Miscellaneous Provisions) Act 1960 and Building Regulations 1989 a Building Licence application must be submitted to, and approved by the City’s Principal Building Surveyor prior to any construction or earthworks commencing on site.

h. The proposed development is required to comply in all respects with the Building Code of Australia and Health (Public Buildings) Regulations 1992. Plans and specification which reflect these requirements are required to be submitted with the building licence application.

i. The Developer must ensure that compliance with the access and facilities for disabled requirements of the Building Code of Australia and all other relevant Australian Standards in respect of access and facilities for the disabled are met.

j. To enable your Building Licence Application to be assessed promptly, please ensure a complete application is submitted to the City.

To assist in preparing a complete Building Licence Application refer to the City of Swan Website (cityofswan.com) and follow the links to Building Services Applicant Checklists.

If you require assistance, please contact Customer Services on 9267 9267.

k. The applicant shall use the site for the purpose approved until a Certificate of Classification is issued under Regulation 20 of the Building Regulations 1989.

l. The applicant shall submit one copy of the proposed plan to the Fire & Emergency Services Authority of Western Australia (FESA) for approval. A stamped copy of these plans is to be submitted by the applicant as part of the Building Licence application.

m. In accordance with the Health (Food Hygiene) Regulations 1993, detailed plans and internal elevations showing the design , construction, layout and finishes, fittings and equipment must be submitted with the required application form and fee, and approved by the City's Principal Environmental Health Officer, prior to any food being prepared or sold on the premises.

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n. The noise generated by activities on-site, including machinery motors or vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997.

All development works are to be carried out in accordance with control of noise practices set out in Section 6 of AS 2436-1981 or the equivalent current Australian Standard.

No works shall commence prior to 7.00 am without the City’s approval.

o. Air handling system, water system or cooling towers shall be designed and installed in compliance with the Health (Air Handling and Water Systems) Regulations 1994 and the Australian Standard 3666 entitled “Air Handling and Water Systems of Buildings- Microbial Control” or equivalent standard in effect at the time.

The Building Licence application is to be accompanied by certification in writing by a practising mechanical engineer that the design and installation complies in all respects with the Health (Air-Handling and Water Systems) Regulations 1994 and the Australian Standard 3666.

p. The carrying on of the development must not cause a dust nuisance to neighbours. Where appropriate such measures as installation of sprinklers, use of water tanks, mulching or other land management systems should be installed or implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and in the manner directed by the City’s Principal Environmental Health Officer if it is considered that a dust nuisance exists.

q. Kerbs, roadways, footpaths, open drains, stormwater pits, service authority pits and nature strips must be adequately protected during the construction of the development.

r. The landowner, applicant or developer must notify the City if they wish to place, store, use, obstruct and/or barricade the road reserve to assist in the development of this property.

s. This approval does not constitute approval from other service authorities to construct the crossover as shown on the plan. It is recommended that the applicant ascertain the location and depth of any services that may interfere with crossover and associated building construction. Any adjustment to affected services is to be arranged by the applicant at their expense with the appropriate service authority approval, prior to works commencing on the site.

t. This approval is not an authority to ignore any constraint to development on the land, which may exist through contract or on title, such as an easement or restrictive covenant. It is the responsibility of the applicant and not the City to investigate any such constraints before commencing development. This approval will not necessarily have regard to any such constraint to development, regardless of whether or not it has been drawn to the City’s attention.

2) Advise all those who lodged submissions of the Council's decision.

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4. OPERATIONAL MATTERS

4.1 REVIEW OF CAT LOCAL LAW IMPLEMENTATION

(All Wards) (Community Safety Unit)

RECOMMENDATION


1) Continue with the current service levels in relation to responding to cats on private property.

2) Continue with the current process of monitoring but not enforcing the excess cat provisions within the Local Laws.

3) Reallocate $60,000 from within the Community Safety budget for the remainder of this financial year and review the allocation as part of Council’s 2010/11 budget, noting that this will result in a reduction in service levels in other areas of community safety.

4) Continue to lobby State Government for the introduction of cat legislation.

4.2 LOCALITY BOUNDARY REALIGNMENT - ELLENBROOK/AVELEY/THE VINES/UPPER SWAN

(Ellenbrook) (Information Technology, Marketing & Records)

RECOMMENDATION


1) Endorse the realignment of the locality boundaries of Ellenbrook, Aveley, The Vines and Upper Swan as depicted on the attached plans.

2) Submit the locality boundary changes to Geographic Names Committee of Landgate for approval.

3) Determine that the proposed changes to the North and Ellenbrook Ward boundaries, as depicted in the attached plans, are of a minor nature in accordance with Schedule 2.2, Clause 5 of the Local Government Act 1995.

4) Propose to the Local Government Advisory Board the making of an order under s.2.2(1) to amend its ward boundaries as depicted in the attached plans.

NOTE: Absolute majority vote of the Council is required

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REVISED RECOMMENDATION


1) Withdraw this item from the Agenda to allow public consultation to take place and the matter be referred back to Council at a future meeting.

2) Record that the reason for changing the Recommendation is to allow public consultation to occur prior to Council making a decision.

MOTION that the Revised Recommendation be adopted.

(Cr Bailey – Cr Cheung)

RESOLVED UNANIMOUSLY TO:

1) Withdraw this item from the Agenda to allow public consultation to take place and the matter be referred back to Council at a future meeting.

2) Record that the reason for changing the Recommendation is to allow public consultation to occur prior to Council making a decision.

5. FINANCIAL AND LEGAL MATTERS

5.1 CHANGE IN BASIS OF VALUATION

(All Wards) (Financial Services)

RECOMMENDATION


1) Note the change in predominant use of the land described above in the Report.

2) Request the Director-General of the Department of Local Government and Regional Development to change the method of valuation of the land areas referred to in this Report from unimproved values to gross rental values, in accordance with Section 6.28 of the Local Government Act 1995.

3) Note that the effective date of the new method of valuation for each affected land area outlined in the Report will be the date of gazettal.

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6. GOVERNANCE

6.1 PROPOSED MEMORANDUM OF UNDERSTANDING BETWEEN PUBLIC TRANSPORT AUTHORITY AND CITY OF SWAN

(All Wards) (Community Planning)

RECOMMENDATION


1) Not be a signatory to the Memorandum of Understanding on ‘Event support through the provision of Special Event Public Transport Services’ between Public Transport Authority of Western Australia and City of Swan.

2) Inform the PTA of the Council decision and that the MOU will only become relevant for the City of Swan when PTA services are improved to a higher standard that better meets the needs of the City of Swan and its residents.

7. REPORTS OF THE CHIEF EXECUTIVE OFFICER

Nil

8. MOTION TO ADOPT THOSE ITEMS NOT WITHDRAWN

RESOLVED UNANIMOUSLY that the reports of Council in Part B of the Agenda be received and the recommendations therein adopted, with the exception of recommendations concerning the following items which were previously considered:

Items 2.1 4.2

(Cr Bailey – Cr T Williams)

9. URGENT BUSINESS

Nil

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CITY of SWAN

ORDINARY COUNCIL

MEETING

PART C

OTHER BUSINESS

AND CLOSING PROCEDURES

4 NOVEMBER 2009

Page 23


Page 24


PART C - OTHER BUSINESS AND CLOSING PROCEDURES

1. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil

2. NOTICE OF MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING IF GIVEN DURING THE MEETING

Nil

3. CONFIDENTIAL ITEMS

Nil

4. CLOSURE

There being no further business, the Presiding Member, Mayor Councillor Zannino, thanked those present for their attendance and declared the meeting closed at 6.12pm.

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Documents

Council Meeting Standard · 2016-05-06 · table of contents part a - opening procedures 3 1. opening and announcement of visitors 3 2. disclaimer (read aloud by presiding member)