annual meeting of electors - consideration of motions · properties survey (either uv and grv ......

Ordinary Meeting of Council 17 January 2018

6.1 ANNUAL MEETING OF ELECTORS - CONSIDERATION OF MOTIONS

Ward: (All Wards) (Governance)

Disclosure of Interest: Nil

Authorised Officer: (Chief Executive Officer)

Cr Zannino disclosed an interest affecting impartiality in Item 6.1 of Part B - Annual Meeting of Electors - Consideration of Motions by virtue of a business partner owning land within the Midland Oval precinct.

Mr Foley disclosed a financial interest in Item 6.1 of Part B - Annual Meeting of Electors - Consideration of Motions by virtue of one of the items dealing with the remuneration of the CEO and him being the CEO.

KEY ISSUES

• The City's Annual Meeting of Electors was held on Tuesday, 12 December 2017.

• The minutes of the meeting are attached for noting.

• Decisions made at Electors meetings are to be considered at the next Ordinary Council meeting or at the first Ordinary Council meeting after that meeting.

It is recommended that the Council note the comments made by staff and make various resolutions for Motions passed at the Annual Meeting of Electors.

BACKGROUND

The Local Government Act 1995 (the Act) requires a local government to accept an annual report by 31 December after the relevant financial year and no later than two months after the auditor's report becomes available. The Council accepted the annual report on 15 November 2017.

A local government is required to hold a general meeting of electors of the district once every financial year. This meeting is to be held no more than 56 days after the local government accepts the annual report for the previous financial year.

The Annual Meeting of Electors was held on Tuesday, 12 December 2017.

Section 5.33 of the Local Government Act 1995 requires all decisions made at an electors meeting to be considered at the next Ordinary Council meeting or if that is not practicable at the first Ordinary Council meeting after that meeting.


DETAILS

Twenty five motions were passed at the meeting. City staff have provided comments and recommendations for the motions.

Motions 1 through 8 relate to the City of Swan's Unimproved Value Rated Property Review. All motions are dealt with in the one comment and recommendation.

Motion 1

That the Council place on hold all matters pertaining to re-rating UV areas until after the next round of council elections in 2019. That way we can get a say on who we want in council to represent our interests.

Moved: Mr Eric Purvis Seconded:

Mr Purvis withdrew his motion.

Motion 2

That all rates must be in line with zonings. Therefore, if your zoning is residential / urban then you are rated on GRV if you are zoned rural or any other rural zoning you are rated as UV.

Moved: Mr Eric Purvis Seconded: Ms Sally Block

CARRIED BY MAJORITY VOTE

Motion 3

That the City of Swan's Unimproved Value Rated Property Review 2017 be called off on the basis that words used in the Land Declaration form are not judicially defined - in particular 'rural', 'rural purposes' and 'hobby farm'.

Moved: Ms Rachel Ivic Seconded: Ms Karen Mowat


Motion 4

That the City of Swan's Unimproved Value Rated Property Review 2017 be declared invalid on grounds that ratepayers who returned the Land Use Declaration form within the original 21 day deadline have been severely disadvantaged.




Motion 5

That the City of Swan's Unimproved Value Rated Property Review 2017 be declared invalid on the basis it has been varied from the Department of Local Government, Sport and Cultural Industries template and these variations are intrusive and unethical.

Moved: Ms Rachel Ivic Seconded: Mr Robert Travers CARRIED BY MAJORITY VOTE

Motion 6

That if the City of Swan accepts the recommendation by Member for West Swan Rita Saffioti MLA to delay the 2017 Unimproved Value Rated Property Review or if the current review is deferred and/or cancelled for other reasons, that upon future review any properties survey (either UV and GRV) are identified in a non-discriminatory manner which equally provides all ratepayers an opportunity to update their land use.



Motion 7

We require an improved and well planned community consultation process to occur based on providing positive engagement; quality information and examples to land owners to facilitate a clear understanding of this Rating Review implications and process after the full reviews of the Local Government Act 1995 and the Swan Valley Act 1995 has taken place, which will give a basis for submissions to be made from the City, Council and the community.

Moved: Ms Sue Hurt Seconded: Ms Sally Block


Motion 8

That the City suspends the current review of rating of UV rated properties in the City of Swan until such time as the current review of the Local Government Act has been completed and a comprehensive report on the outcomes has been prepared and considered by Council for implementation, that the City does not process any of the rating review forms that have already been returned and that affected ratepayers are immediately informed of this outcome.

Moved: Ms Anne Sibbel Seconded: Mr Reece Jones



Comment:

At its meeting held on 13 December 2017, Council resolved to defer the general Unimproved Value (UV) Rated Property Review until the review of the Local Government Act 1995 currently being undertaken by the Minister for Local Government and Department of Local Government, Sport and Cultural Industries is legislated. The completion of the review will lead to a report to Council which will include:

a) the impacts and implications of the new legislation in regard to the City’s rating strategy, including rating options and recommendations,

b) the legislative requirements of rating associated with reviewing the method of valuation for rating purposes, and

c) the proposed approach to engaging community for the purpose of reviewing the method of valuation for rating purposes.

Recommendation:

Note that no action is required as the resolution of Council of 13 December 2017 appropriately addresses these Motions.

Motions 9 through 14 relate to the City of Swan's Midland Oval Redevelopment.

Motions 9 through 12 are dealt with in the one comment and recommendation.

Motion 9

That the City of Swan conduct a valid consultation of ratepayers asking which plan they support, an alternative one with the central park retaining the oval, or the current City Midland Oval Redevelopment Masterplan.

Moved: Mr Patrick Irwin Seconded: Ms Francesca Irwin CARRIED BY MAJORITY VOTE

Motion 10

That Council agree to look at alternative options that include retaining the oval defined by and including the Velodrome as a major Central Park.

Moved: Mr Patrick Irwin Seconded: Mr Rex McCRae


Motion 11

The Council stop the Midland Oval redevelopment process and that it considers the alternative plan put forward tonight by Mr Patrick Irwin.

Moved: Ms Jennifer Catalano Seconded: Mr Rex McCrae



Motion 12

That the City of Swan:

1) Does not commit $1million for a consultant to tell us what we don’t want.

2) Commit to a park of at least 2ha, and

3) Request developers to come with their proposals.

4) The City with the community assess the proposal and then move forward.

Moved: Mr Gerry Hanssen Seconded: Ms Frances Taylor CARRIED BY MAJORITY VOTE

Comment:

Consultation

Planning has been underway for the Midland Oval Redevelopment for approximately 50 years. Through the many years of planning, there are three notable plans which have included vigorous consultation exercises. These are the 1997 'Midland Revitalisation Charrette', the 2007 'Midland 2017 - The Challenge Enquiry by Design' and the 2015/16 'Midland Oval Redevelopment Masterplan'.

It is noted that the 1997 Charrette outcome, which has on numerous occasions been identified by members of the community as an agreed outcome at that time shows one hectare of the oval (half of the public open space currently proposed) being retained and numerous buildings being constructed on the existing oval site. It shows an extension of The Avenue to that of the existing constructed road. This did not proceed due to fragmented ownership.

When the City carried out consultation with the community in 2016, a group of community members, known to be a part of the 'Save Midland Oval' group, were conveying that the Charrette was their preferred outcome for the precinct.

From this period to 2011, planning policy changed over time and the 2016 Midland Oval Redevelopment Masterplan addresses current density targets for planning.

In the 2007 Enquiry By Design, the working group, including community members identified that the biggest hurdle for this project, seen to be a catalyst for the wider activity centre, was the fragmented land ownership. It was this strategic action that guided Council in proceeding with the voluntary land acquisition to facilitate the development of the precinct.

There has been a multiple consultation periods carried out with all stakeholders over several decades. The feedback taken over the years was consolidated and used to guide the preparation of the masterplan, in conjunction with current state planning policy and targets. In order to obtain community comment, Council drafted a plan and presented this to community for further feedback. This has resulted in an increase in not only the amount of public open space proposed but the landscaping design as well.


Detail of the 2015-2016 consultation is provided below.

Public consultation was carried out for 42 days from 1 August 2015 till 14 September 2015. Concurrent consultation was carried out in relation to three related projects, specifically the MORM, the Midland Activity Centre Structure Plan (MACSP) and Amendment 119 to Local Planning Scheme No. 17.

The draft MORM was displayed at all City Libraries, on the City’s website and at the Administration Office. Furthermore, City officers ran an open question booth in Midland Gate Shopping Centre during this period. This together with media releases over the period provided extensive communications to the greater community.

The City wrote to a total of 1,166 landowners, residents and businesses within Midland CBD. Parties who were notified can be identified as owning and/or occupying:

1) A property which is the subject of all three proposals (MORM, MACSP and Amendment 119);

2) A property within the amendment and MACSP area, which are located adjacent to the MORM area;

3) A property located in close proximity to the MACSP area (the area is the equivalent of the first street back or otherwise in the Midland CBD north of the railway); and

4) A property located adjacent to the MACSP and MORM, located within the Metropolitan Redevelopment Authority’s (MRA) Midland Redevelopment Scheme No. 2 area.

This concurrent advertising facilitated community consultation which covered all aspects of the proposed alterations to Midland precinct.

The draft MORM received 60 registered submissions. Two thirds of the submissions supported the draft MORM, while one-third objected.

Authorities & Agencies

Public Submissions

Late Submissions

Total Percentage

Object 1 19 1 20 33.3%

Do not object

11 29 2 40 66.6%

Total 12 48 3 60 100%


Council, in its decision on 25 November 2015, resolved to endorse the Midland Oval Redevelopment Masterplan and to carry out further consultation on the detailed design of the Public Open Space which included the wider City of Swan community. The consultation included:

Event Date

Three public workshops 7 and 10 May (2 sessions)

Bullsbrook Residents and Ratepayers Association Presentation

9 May

Midland Gate Display (Partially staffed) 10-20 May

Altone Park Shops (staffed) 11 May

Ellenbrook Shops Display (staffed) 12 May

Ballajura Shops Display (staffed) 13 May

Ballajura Library Display 13-18 May

Swan Park Leisure Centre 13 - 27 May

Ellenbrook Library 18 - 27 May

Gidgegannup Small Farm Field Day 29 May

Public open space user group session 2 June

The cost of this period of public consultation was approximately $110,000.

Further consultation was carried out from the 22 August to 2 September 2016, which was advertised in the local newspapers, City website and via email to all who had registered their interest in the project (for further details reference 30 January 2017 Special Council Meeting).

Following the public consultation for the detailed design of the public open space, the City received a petition and a request for a Special Meeting of Electors to be held to discuss “matters relating to the proposed Midland Oval Redevelopment”. Special meetings of electors are a statutory mechanism and the requirements for requesting and conducting these meetings are prescribed in the Act and the Regulations.

The petition did not include the required number of valid signatures of electors and the legislation does not allow the City to initiate the process of a special meeting of electors based on a petition with insufficient support.

Council, however considered that the petition contained a request on an issue of importance to the community and resolved to conduct a public meeting be held to address the request as per procedures set out for a special meeting of electors.


Further feedback from community was gathered and considered from the Public Meeting held on 23 November 2016, the Annual Meeting of Electors on 14 December 2016 and the Special Meeting of Council held on 30 January 2017. It was at the 30 January 2017 meeting that Council resolved to increase the public open space to 1.9Ha, the same as the existing oval size.

Council have responded to petitions, to public questions and submissions as well as media enquiries on numerous occasions, most recently to a submission to the Standing Committee on Environment and Public Affairs (Parliament of WA) which resulted in the matter being closed with no further questions or actions.

Vision

In 2011 Council established a clear vision for the Midland Oval precinct that has provided direction for all planning work undertaken on the masterplan. Council’s vision is that Midland Oval:

• Is lively and safe with round-the-clock activity,

• Is attractive and convenient to walk in,

• Recognises the important current and future role of public transport through rail and bus networks locally and regionally,

• Has a mixture of activities and higher density development to create the critical mass for lively cafes and activities,

• Has a strong sense of place,

• Increases the residential population and allows for apartments and business facilities that are designed to co-exist happily,

• Encourages and attracts high quality investment, and

• Provides for economic wellbeing of existing and new business.

Midland Oval Redevelopment Masterplan

A core principle for the development has been that this area integrates with the rest of the Midland CBD and its surrounds. For this reason the events space has been planned for the southern edge of the Precinct. Similarly, the continuation of Cale Street into the Precinct will link the Midland Workshops, Midland Hospital, future university and train station, and Midland Gate into the historic town centre. Furthermore, the continuation of Cale Street will strengthen the linkage between Midland Oval Precinct and the Midland historic town centre via The Avenue and The Crescent. At a neighbourhood level the Midland Oval Masterplan is well connected to surrounding areas and supports extension of existing road patterns and networks.

The Midland Oval Masterplan encourages walking and cycling and connections to the future relocated train station, within safe public open spaces close to transport and jobs. It responds to WAPC expectations for future population growth, counteracting urban sprawl and offering housing choice and diversity for residents. The Midland Oval Precinct is zoned as a central city area in the Metropolitan Regional Scheme. As such, the response to planning has been urban in nature, allowing for a variety of scaled spaces, from a large ‘regional scale’ urban piazza, to local civic and green open space. The scale, height, density and land use mix responds to the City of Swan (Land Use) Feasibility


Report and marries the intention for an iconic and diverse city centre facilitating for Midland’s expected growth and development into the future.

The City has committed to 1.9Ha (17.2%) of public open space within a Strategic Metropolitan Centre. It is a more functional space which has been reconfigured into a usable space for all ages, with cooling considerations incorporated into the design.

A number of expert consultants have been commissioned to undertake the development and planning for the Midland Oval Redevelopment with Council and community vision guiding the works, while achieving State planning targets. This is what has been endorsed as the Midland Oval Redevelopment Masterplan.

A summary of cost to develop the Masterplan Concept are provided below.

Existing process and the Masterplan Committed Actual

Project Development Plan $15,000

Architectural Services $302,000

Geotechnical survey $43,000

Parking, Transport and Servicing Strategies

$125,000

High level economic impact study $5,000

Place Making Strategy $48,000

Preliminary Landscape Concepts $36,000

Quantity Surveying $8,000

Facilitation Public Consultation $21,000

Piazza Activation Study $7,000

Local Water Management Study $32,000

Total $642,000

The figures do not include City project management costs, and are based on historical costs over a number of years.

The statutory processes for Council endorsed and WAPC approvals for Midland Activity Centre Structure Plan, Local Planning Scheme Amendment No.119 to and the Midland Oval Redevelopment Masterplan is now complete.

The redevelopment process herein consists of the finalisation of the planning and design phase and obtaining subdivision approval.


Detailed Planning and Design Phase

The City is currently in the detailed planning and design phase of the project. Significant resource has been allocated to architectural, geotechnical, parking, transport, services, place making, landscaping and civil consultancies.

The City has paid approximately $1.1m towards the development of technical plans and strategies for the development of the 11Ha precinct, with a further $921,500 committed. These technical plans (e.g. civil works infrastructure) and strategies address the council endorsed masterplan which has been shaped by feedback from community consultation.

The table below provides details relating to project costs:

Items to progress detailed planning and design

Committed Actual

Economic Feasibility and Staging $70,000

Place Making and Activation $76,500 $3,500

Civil Designs $150,000 $90,000

Landscape Designs - increase due to increased public open space as resolved by Council January 2017

$500,000 $202,000

Multi-Deck study $13,000

Lighting Strategy - increase due to increased public open space as resolved by Council January 2017

$169,000 $28,000

Public Arts Strategy $20,000 $21,000

Design Guidelines $6,000 $89,000

Total $921,500 $516,500

The figures do not include City project management costs, and are based on historical costs over a number of years.

Expressions of Interest will be sought by developers when the planning and design phase of the development has been completed and endorsed. It would not be appropriate to seek interest or proposals from developers without the necessary technical plans and strategies (i.e. civil works infrastructure) to support the Masterplan.

The City has carried out market research which has clearly shown that early civic investment is paramount to attracting more developers to the area.


Alternative Plans

Within the oval space is the old cycle track. This is no longer a functional cycle track and poses safety risks if it were considered to be retained and used. It should be noted that the Midland Speed Velodrome was purpose built for cycling and has recently been upgraded by the State Government. The history of the cycle track provides an opportunity to be remembered and celebrated in any future development.

The City has considered a number of concepts over the 40+ years. These did not proceed due to the viability in terms of social and economic impacts. Consultation during the development of the endorsed Masterplan has shown support by the broader community, as well as having been commercially tested and supported.

Members of the Save the Midland Oval group, have continually developed various drawings with the theme of saving (portions of) Midland Oval. The retention of the oval in its entirety (within the cycle track) is the most recent. The larger the open space, the higher the development required in order to achieve the critical mass to ensure the vision is achieved. Research into linear parks provides evidence of more functionality, safety and usage.

Alternative concepts and plans have been considered throughout the 40+ years of planning (attached plans for reference), none of which have retained the level of open space as suggested by these motions. The reason for this is based around the community feedback received to date and the functionality and safety of large open spaces.

Any amendment to the endorsed masterplan or a new masterplan (e.g. that retains the existing oval space or any other design) would require Council to revisit the vision to ensure the desired outcomes can be achieved.

A significant variation to the masterplan concept (for example retaining the oval and developing around it) requires the following items to be redone - detailed works, consultation, studies/reports/strategies (including traffic studies) and conceptual planning leading to a masterplan. Given that this planning has taken four years after Council set the vision, a similar timeframe is quite likely required for this level of detail and could potentially miss the next economic upswing. It is not as simple as drawing a new concept.

Recommendation:

Note that no action be undertaken for the following reasons:

1) Extensive consultation has been conducted over many years and considered in the development of the Midland Oval Redevelopment Masterplan.

2) The Midland Oval Redevelopment Masterplan has been planned in a comprehensive manner. The urban designers responsible for preparing the plan have considered all elements relating to safety, functionality, best practice drainage and water sensitive urban design and effective use of space befitting a Strategic Metropolitan Centre. There is significant evidence around the efficient and effective use of passive open space and liner parks which have been considered in the design of the Midland Oval Redevelopment Masterplan.


Motion 13

That the City releases its high level costings for the Midland Oval Redevelopment and for the city to also release whatever financial analysis and information it can at this stage to justify the development.

Moved: Ms Rashelle Predovnik Seconded: Ms Frances Taylor CARRIED BY MAJORITY VOTE

Comment:

Expenditure to date is as follows: Committed Actual

Land assembly $31.2m

Existing process and the Masterplan $642,000

Items to progress detailed planning and design

$921,500 $516,500

The figures do not include City project management costs and are based on historical costs over a number of years. Expenditure to date has been for the development of the masterplan and detailed planning and design phase. This includes a multitude of technical plans and strategies (e.g. drainage, services, landscape etc.) as required to support the detailed design for the 11Ha precinct.

At its meeting held on 13 December 2017 Council resolved to direct staff to finalise a Business Plan outlining a full financial analysis including the cash flow modelling carried out by the Western Australian Treasury Corporation and the economic impact assessment by Pracsys.

The Business Plan will be advertised to community upon Council endorsement.

Recommendation:

1) Note that the comment contains the response to the request for information.

2) Note that the Business Plan will be advertised to community upon Council endorsement.


Motion 14

The following motion provided by Midland Crescent Investments Pty Ltd relates to consent from the strata company pertaining to the business plan for a sale and development agreement for a portion of Midland Oval. (Agenda report amended with Resolution of Council).

That the City of Swan Council are made fully aware of these facts and that the council acts on this information by halting the Midland Oval redevelopment process until this matter is investigated and addressed.

Moved: Ms Rashelle Predovnik Seconded: Mr Patrick Irwin


Comment:

The City is party to a Sale and Development Agreement with DeMol Investments Pty Ltd for the land that was subject to a Business Plan. The Business Plan includes only land that was owned by the City.

The Business Plan process was completed in accordance with the requirements of the Local Government Act 1995.

The City is obliged to perform that agreement in its entirety. The City has a legal obligation to act in good faith, and enable DeMol Investments to perform, the agreement.

Councillors have been provided with a confidential memo providing all relevant facts and addressing the claims made.

Recommendation:

Note that the Business Plan included only land owned by the City of Swan.

Motion 15

All rates increases are to be capped by the inflation rate of the Perth CPI index for that year.



Comment:

CPI is a measure of a ‘basket’ of household goods and services which does not relate to a ‘basket’ of goods for a local government. The major impact affecting local government prices are those included in the Wages Index and various Construction Indexes, rather than CPI. Even between local governments, the ‘basket of goods’ can be quite different.

Rates increases are considered by Council during the Annual Budget deliberations that occur annually from February. Council is aware of the current economic climate and the community concern surrounding rate increases. As a growth Council, the City of Swan has a large capital works program, so the City of Swan purchasing is vastly different to that of other more developed local governments.


Recommendation:

That Council consider rate increases in line with the inflation rate of the Perth CPI as part of budget deliberations.

Motion 16

That the City of Swan enact a differential rates category to reflect the unique characteristics and diversity of rural residential properties.

Moved: Ms Rachel Ivic Seconded: Mr Robert Travers CARRIED BY MAJORITY VOTE

Comment:

At its meeting held on 13 December 2017, Council resolved to defer the general Unimproved Value (UV) Rated Property Review until the review of the Local Government Act 1995 currently being undertaken by the Minister for Local Government and Department of Local Government, Sport and Cultural Industries is legislated. This review will lead to a report to Council which will include rating options and recommendations.

Recommendation:

Note that no action is required as the resolution of Council of 13 December 2017 appropriately addresses these Motions.

Motion 17

The CEO’s salary and KPIs should not be linked to size of budget or number of staff they manage. Remove all rewards related to revenues generated and numbers of employees or size of council. Insert a new reward structure and new KPIs that reward operating the budget within the CPI increase for Perth region and reducing costs. The more you save the more you earn. Operate at CPI and nothing but base salary, operate over CPI and base salary or benefits are reduced on a pro rata basis using a formula, operate under CPI and that same formula calculates the bonus paid to the CEO.



Comment:

The Salaries and Allowances Tribunal makes recommendations as to the remuneration to be provided to Chief Executive Officers of local governments. It has established a four band classification model to rank to work value of the position and the duties undertaken by the CEO. The model provides for a range of factors to be taken into account including:

• major growth and development,

• strategic planning, including risk management,

• infrastructure development and asset management,

• significant social/economic/environmental issues,


• significant demand to service and support non-resident needs,

• diversity of services,

• community involvement and advocacy,

• state or national negotiations,

• operational and managerial requirements,

• capacity to pay,

• total expenditure,

• population, and

• FTEs.

The current band classifications are:

Band Total Reward Package

1 $247,896 - $375,774

2 $204,455 - $316,586

3 $156,356 - $256,711

4 $126,956 - $198,210

The City of Swan is within Band 1.

Recommendation:

Note the information provided and continue to remunerate the CEO in accordance with Salaries and Allowances Tribunal determinations.


Motion 18

For the entrance parking machine to the car park in Yelverton Drive, Midland (opposite the Super GP Clinic/Specialist Centre/Cancer Treatment Centre at Centennial Place, Midland) to be repaired into working order to give patrons a choice of $2.00 hourly parking and all day parking.



Comment:

This matter concerns the Yelverton Drive Car Park (The Sidings Car Park), in Midland which is opposite and across the road from the GP Super Clinic. One of the ticket machines was vandalised at this location and there have been a series of delays in getting the machine repaired however, it should be repaired by the end of January 2018 at the latest. There is another machine available at this location which is still operating but it only provides all day parking tickets at a rate of $4.50 per day.

There is also a private car park directly outside the GP Super Clinic for use of patients, including short term parking. The City is also currently working with the GP Super Clinic on the installation of a pick- up/drop off bay to assist patients visiting the clinic.

The City could introduce an hourly rate for the car park across the road however, the original intent for this car park was for all day parkers/staff parking. If however, patients need to use the car park across the road in addition to the car park directly in front of the clinic, it is reasonable to provide hourly parking rates in addition to targeting it for all day staff parking.

Recommendation:

1) Note that the repair of the ticket machine should be completed by the end of January.

2) Provide the option for patrons to purchase all day and hourly parking tickets.


Motion 19

That the City of Swan support, investigate and initiate across Government for the Swan Valley to have a designated postcode.

Moved: Ms Sue Hurt Seconded: Ms Allyson Kundid CARRIED BY MAJORITY VOTE

Comment:

In 2016 Council endorsed the Tourism Development Strategy (TDS) 2015 – 2020. An action of the TDS is: 5.2.1.7 ‘Swan Valley’ Geographic Locator which proposes:

• The establishment of a geographic locator for the Swan Valley

• To work through the process of renaming an existing post office to the Swan Valley Mail Centre creating a Swan Valley geographic locator, and

• Through Google Maps create a Swan Valley locator point.

Furthermore, at the Annual Meeting of Electors on 2 December 2015 the motion was passed ‘that the City of Swan support, investigate and initiate across Government for the Swan Valley to have a designated post code’. Following this, at the Ordinary Meeting of Council 20 January 2016 the ‘Submission to the Draft Swan Valley Development Plan 2015’ was presented where Council resolved to ‘Support the establishment of a single locality name of Swan Valley for the entire Swan Valley Planning Act/Development Plan area to improve its recognition locally, nationally and internationally’.

The City has carried out investigations with Australia Post, in relation to the motion passed on 2 December 2015 for a designated post code. Australia Post have advised the City that they would only change a Post Code of a location if it is beneficial to the delivery of mail and the request has strong justification. To change the Post Code, the implications include:

• Delivery addresses need to be changed throughout the region

• Address recognition in the long term may cause confusion

• A possible delivery centre change

Australia Post also advised that the naming convention requires the locality of the Post Office as the post office name. As per Council decision of 20 January 2016, the City forwarded a submission to the State Governments Draft Swan Valley Development Plan 2015 requesting the support for the establishment of the Swan Valley as a single locality name. The City understands that the Swan Valley Development Plan has been put on hold by the State Government. Any potential change of locality name will not be supported by the State Government until such time as the plan has been finalised.

If the City were to proceed with the request to change the Post Code or Post Office Name, a formal proposal to express the reason for a name change and the benefit to Australia Post for this to occur. Australia Post are unlikely to accept a proposal if there is no direct benefit to Australia Post or if there is a commercial gain to be had by Council in the event of a name change.


The City would also be required to conduct consultation with every landowner within the Swan Valley Planning Act area. This would incur significant cost and impact on resources.

Given the status of the Swan Valley Development Plan, City officers recommend waiting on a response from the Department of Planning to the City of Swan’s submission on the Draft Swan Valley Development Plan 2015 before investigating options entailing the change of post code or renaming of the Herne Hill Post Office to Swan Valley Mail Centre (which may be required if a post code change was achieved).

The City has carried out investigations and carried out two key actions to create a Swan Valley Geographic Locator as per action 5.2.1.7 from the Tourism Development Strategy 2015-2020. Specifically:

• Produced a series of marketing materials to provide easy to follow step-by-step instructions for businesses to enter and plot their business on a Google map using Google MyBusiness. As part of the Swan Business Engagement Program, this material is being distributed as part of the weekly programming.

• Created a Google Map and plotted Swan Valley businesses and areas of interest within the Swan Valley using ‘Google MyMaps’. This map has been embedded to the City of Swan website and in the process of being embedded into the www.SwanValley.com.au website to be searched for using Google search.

Recommendation:

1) Note the actions taken by the City to create a Swan Valley Geographic Locator.

2) Take no further action in regard to the introduction of a designated postcode until the review of the Swan Valley Planning Act has been completed, at which point the Council may wish to reconsider the options available.

Motion 20

That the City of Swan produces a Cycle Map which includes, by illustration and wording, the location of bike repair stations within the City of Swan.

Moved: Ms Sue Hurt Seconded: Mr Bruce Potter


Comment:

The City is currently undertaking a review of its Cycle Connect Strategy. A map which identifies the location of bike repair stations can be developed as part of the review.

Recommendation:

Include a Cycle Map which includes the location of bike repair stations in the Cycle Connect Strategy.

Motions 21 and 22 are dealt with in the one comment and recommendation.

http://www.swanvalley.com.au/


Motion 21

That road works are required for intersection realignment design of the slip lane of Neary Boulevard and Gnangara Road, Aveley.



Motion 22

City of Swan to investigate, design and allocate budget for works to return Robert Street, Henley Brook to a Local Road instead of a thru road and short cuts as a detour to parts of the Swan Valley and West Swan Road as per the following suggestions

1) Median Strip at Gnangara Road and Robert Street, with a left hand side slip lane for local traffic.

2) Left in, left out slip at this location.

Moved: Ms Sue Hurt Seconded: Ms Jenny Bowman CARRIED BY MAJORITY VOTE

Comment:

Council resolved to conduct a feasibility study into installing a “left in, left out” modification at Robert Street and Gnangara Road intersection, for consideration in a future budget. These works have been considered and are now on the Traffic Safety 5 Year Plan scheduled for construction in 2019/20. The works will take into account a median strip and realignment design at Neary Boulevard and Gnangara Road.

Recommendation:

Note the addition of works to the Traffic Safety 5 Year Plan, scheduled for construction in 2019/20.


Motion 23

That Council consider placing the Darling Range Hotel on Level 2 of City of Swan Heritage List.

Moved: Ms Dianne Arvino Seconded: Mr Patrick Irwin


Comment:

A report was presented to Council on 30 August 2017 recommending Council adopt the Heritage List and the Local Government Inventory. The report included comment on the Darling Range Hotel as follows:

Lots 405-407, 498-501, 511 (No. 49) Great Eastern Highway, known as the Darling Range Hotel, represent one of the properties that attracted a large number of submissions from concerned residents. This property has been nominated for inclusion on the Local Government Inventory as a result of the community concern following the Developemnt Application for a service station on the site. As a new nomination, it was assessed by the heritage consultant and was proposed to be listed as Category 3 (not on Heritage List).

Through the public consultation, 48 submissions were received, requesting that the place be listed as Category 2 (on the Heritage List). Out of 48, 41 were pro-forma submissions with or without additional comments. No submission was received from the owner of the Darling Range Hotel.

The community have made it clear that this building has a very high social value and, combined with the established historical values, in their view, the building is clearly worthy of statutory heritage listing. It is however acknowledged that the building does not have sufficient integrity and/or authenticity to be considered worthy of Category 2. When considered in light of other similar hotels which are Category 2 this building does not demonstrate the same level of authenticity or integrity. To ensure that the management of the heritage listings is applied consistently by the City, the building is appropriately included as a Category 3 place.

It should be noted that buildings can move up in management category following a comprehensive restoration programme. If the building’s integrity was to be improved following reconstruction including external form, verandahs, interior stairs and general layout, the building may be considered to meet the threshold for Category 2 in the future.

It is proposed to list the Darling Range Hotel on the Local Government Inventory as a Category 3 - Some/Moderate Significance.

The Council resolution resulted in the Darling Range Hotel being included in the Heritage List and the Local Government Inventory as Category 3 - Some/Moderate Significance.

Recommendation:

Take no further action and note that the Darling Range Hotel is included in the Heritage List and the Local Government Inventory as Category 3 - Some/Moderate Significance.


Motion 24

Where the City of Swan finds that tree roots are responsible for adjacent footpath and road disturbance that rubber softfall will be placed at these points so as to permit movement of road and path whilst keeping verge/roadside trees.

Moved: Ms Melinda Brackley Seconded: Shannon Astill


Comment:

A trial of rubber mulch has been undertaken in the Midland area. While it has had some benefits in allowing greater ingress to water in the root zone it has not deterred damage to surrounding footpaths, kerbs or roads as the roots continue to outgrow the mulched area.

Recommendation:

Continue to selectively use rubber mulch as one of many tools in the preservation and care of verge trees.

Motion 25

The City of Swan implements a significant tree inventory to allow the registration and protection of trees from removal.

Moved: Ms Melinda Brackley Seconded: Ms Joanne Nagle


Comment:

The draft Urban Forrest (Tree Canopy) Strategy currently being developed by the City in consultation with the community aims to preserve and enhance the city's urban forest.

The draft Urban Forest Strategy to be presented to Council once progressed to the point of public advertising is anticipated to:

• Recognise the environmental and aesthetic contribution that trees make to the continuing development and presentation of public spaces.

• Ensure the preservation of healthy and structurally sound mature trees.

• Apply best practice management to maintain trees so they thrive, thus increasing their longevity.

• Recommend gap-up planting programs to increase tree canopy cover to improve public amenity including shade.

• Recommend tree renewal programs to ensure those trees which have reached the end of their safe useful life expectancy (SULE) can be replaced in a timely manner in line with budgetary constraints.


• Propose the establishment of a Significant Tree Register to be incorporated into the City’s Town Planning Scheme to afford a high level of protection to those trees identified as being significant using nationally recognised standards for the identification of trees of significance.

• Set criteria for the removal of trees, such as, the tree is damaged, post-mature, diseased or in decline and no further remedial techniques are appropriate, the tree is causing damage to property and there is no reasonable alternative to solve the problem and/or it is substantiated that the tree is an immediate and serious safety hazard to the public.

• Propose a public education program that informs the community of the significance of trees and the contribution they make to the overall liveability of the city.

Once complete this strategy will be provided to Council for endorsement prior to the City actioning its recommendations.

The City already has an unofficial inventory for significant historical trees on City land. Trees on this list are inspected biannually by either City staff or an appointed contractor. A maintenance plan is then put in place for these trees to ensure their longevity.

Recommendation:

Consider the implementation of a significant tree inventory as part of the development and adoption of the Urban Forrest (Tree Canopy) Strategy.

Motion 26

The City of Swan establishes a tree asset register whereby trees are given a monetary value to the amenity and benefit they provide to the community.

Moved: Ms Melinda Brackley Seconded: Shannon Astill

MOTION WAS LOST

Motion 27

That the City of Swan not compete for Mirrabooka and Leederville water sources i.e. purchase water from these aquifers that could be used in Swan Valley horticulture precinct.

Moved: Mr Harry Gratte Seconded: Ms Allyson Kundid CARRIED BY MAJORITY VOTE

Comment:

Ground water allocations are regulated by the Department of Water and Environmental Regulation. The aquifers providing water to the Urban Growth Corridor and Swan Valley have been over allocated by Department of Water and Environmental Regulation and no new allocations are available.


Currently when developers purchase land for development, they will also purchase the previous landowner’s water allocation. The designs of new parks and streetscapes within such developments are based off the available water allocation. In new developments where there is no water allocation, the public open spaces within the developments are designed as dry areas. When developers gift public open spaces to the City for management, the associated water allocation is also gifted to the City. There are some instances where the City is required to undertake the construction of new parks and recreational areas utilising contributions from developers, and in such instances the purchase of water allocations may be required.

The future land development in the Northeast corridor will require additional “fit for purpose” water (in addition to existing groundwater allocations) to ensure provision of the mandated level of Public Open Space (POS) /school ovals/ Regional Open Space within these areas to serve the needs of the community. It is important to note that local government is only one player in this development process. These future development areas are identified in State Government policy such as “Directions 2031” and the design is governed by policy such as Liveable Neighbourhoods that prescribes the level of POS/Oval provision. The City therefore has a responsibility to provide and maintain these recreational areas for the benefit of the community. The City also acknowledges the need for land owners to secure groundwater for the Swan Valley viticulture/horticulture activities.

To address the future groundwater shortfall the City is currently participating in a collaborative project, coordinated by Department of Water and Environmental Regulation, between all stakeholders (Perth North East Water Recycling Project) to investigate alternative sources of “fit for purpose” water. The alternatives being investigated include the use of recycled wastewater and stormwater for future recreational and horticultural purposes.

The City is therefore aware of the groundwater issues and are pro-actively working with government and other stakeholders to address it. In recent discussions with the Department of Water and the Minister for Water a request was made for the Minister and the Department to consider a recycled water scheme for grape growers in the Swan Valley.

Recommendation:

1) Continue to work with the Department of Water and Environmental Regulation to pursue alternative sources of fit for purpose water, and

2) Note that circumstances may arise in the future where it is necessary for the City to pay for the acquisition of water from the Leederville and Mirrabooka aquifers to provide public open space for the benefit of the community.

CONSULTATION

Nil


ATTACHMENTS

Minutes of the Annual Meeting of Electors held on Tuesday, 12 December 2017

Midland Oval Redevelopment - Historic concepts and plans

STRATEGIC IMPLICATIONS

City's Strategic Community Plan 2012 - 2022 / Key area: Governance

STATUTORY IMPLICATIONS

Various sections of the Local Government Act 1995 and regulations of the Local Government (Administration) Regulations 1996

FINANCIAL IMPLICATIONS

Nil resulting from this report. Financial implications of each individual recommendation will be considered as required.

VOTING REQUIREMENTS

Simple majority


RECOMMENDATION

That the Council resolve to:

1) Note that no action is required on Motions 2 through 8 and Motion 16 which relate to the City of Swan's Unimproved Value Rated Property Review and differential rates categories as the resolution of Council of 13 December 2017 appropriately addresses these Motions.

2) Take no further action in regard to Motions 9 through 12 relating to the Midland Oval Redevelopment for the following reasons:

1. Extensive consultation has been conducted over many years and considered in the development of the Midland Oval Redevelopment Masterplan.

2. The Midland Oval Redevelopment Masterplan has been planned in a comprehensive manner. The urban designers responsible for preparing the plan have considered all elements relating to safety, functionality, best practice drainage and water sensitive urban design and effective use of space befitting a Strategic Metropolitan Centre. There is significant evidence around the efficient and effective use of passive open space and liner parks which have been considered in the design of the Midland Oval Redevelopment Masterplan.

3) In regard to Motion 13:

1. Note that the information contained in this report includes the response to the request for information.

2. Note that the Business Plan will be advertised to community upon Council endorsement.

4) Note that the Business Plan referred to in Motion 14 included only land owned by the City of Swan.

5) Consider rate increases in line with the inflation rate of the Perth CPI as part of budget deliberations (Motion 15).

6) Note the information provided in regard to CEO remuneration and continue to remunerate the CEO in accordance with Salaries and Allowances Tribunal determinations (Motion 17)

7) In regard to Motion 18 regarding the Yelverton Drive Car Park:

1. Note that the repair of the ticket machine should be completed by the end of January.

2. Provide the option for patrons to purchase all day and hourly parking tickets.


8) In regard to Motion 19 regarding a designated postcode Swan Valley:

1. Note the actions taken by the City to create a Swan Valley Geographic Locator.

2. Take no further action in regard to the introduction of a designated postcode until the review of the Swan Valley Planning Act has been completed, at which point the Council may wish to reconsider the options available.

9) Include a Cycle Map which includes the location of bike repair stations in the Cycle Connect Strategy as part of the review. (Motion 20).

10) Note the addition of works for the modification of Robert Street and Gnangara Road intersection and Neary Boulevard and Gnangara Road to the Traffic Safety 5 Year Plan, scheduled for construction in 2019/20 (Motions 21 and 22).

11) Take no further action and note that the Darling Range Hotel is included in the Heritage List and the Local Government Inventory as Category 3 - Some/Moderate Significance (Motion 23).

12) Continue to selectively use rubber mulch as one of many tools in the preservation and care of verge trees (Motion 24).

13) Consider the implementation of a significant tree inventory as part of the development and adoption of the Urban Forrest (Tree Canopy) Strategy (Motion 25).

14) In regard to Motion 27 regarding Mirrabooka and Leederville water sources:

1. Continue to work with the Department of Water and Environmental Regulation to pursue alternative sources of fit for purpose water, and

2. Note that circumstances may arise in the future where it is necessary for the City to pay for the acquisition of water from the Leederville and Mirrabooka aquifers to provide public open space for the benefit of the community.

MOTION that the Council resolve to:


2) In regard to Motions 9 through 12 relating to the Midland Oval Redevelopment:

1. Note that community consultation has been conducted regarding the Midland Oval Redevelopment Masterplan, but for Council to recognise that this has not satisfied the Midland community as they do not consider that their suggestions have been listened to and acted upon.

2. Note that the community would like City public consultation to be enhanced.






1. Amend the preamble to read:

The following motion provided by Midland Crescent Investments Pty Ltd relates to consent from the strata company pertaining to the business plan for a sale and development agreement for a portion of Midland Oval, and

2. Note that the Business Plan referred to in Motion 14 included only land owned by the City of Swan.


6) Note the information provided in regard to CEO remuneration and:

1. Continue to remunerate the CEO in accordance with Salaries and Allowances Tribunal determinations

2. Note that a CEO performance bonus could be used to reward the delivery of a budget to Council that results in an average rate increase of less than the consumer price index measure of annual inflation.


1. Note that the repair of the broken parking ticket machine at the Sidings Car Park (Yelverton Drive) in Midland, should be completed by the end of January 2018.

2. Provide the option for patrons to purchase all day and hourly parking tickets, at both parking ticket machines with an hourly rate of $1.50 per hour and all day rate of $4.50 for 2017/2018.

3. Amend all future parking fees for the car park in line with the City’s normal review of car parking fees in the City, including an hourly rate.







11) Take no further action at this meeting and note that:

1. The Darling Range Hotel is included in the Heritage List and the Local Government Inventory as Category 3 - Some/Moderate Significance

2. The community would like the Darling Range Hotel to be moved to Category 2 on the Heritage List in order to provide further protection.






(Cr McDonnell – Cr Johnson)

Mr Foley left the Chamber at 6.07pm (prior to debate commencing).

AMENDMENT TO THE MOTION

Part 2)1. be amended as follows:

1. Note that community consultation has been conducted regarding the Midland Oval Redevelopment Masterplan. but for Council to recognise that this has not satisfied the Midland community as they do not consider that their suggestions have been listened to and acted upon.

(Cr Haynes – Cr McNamara)

MOTION WAS PUT TO THE VOTE AND LOST (6/7)

(Names not recorded)


RESOLVED (11/2) TO:


2) In regard to Motions 9 through 12 relating to the Midland Oval Redevelopment:

1. Note that community consultation has been conducted regarding the Midland Oval Redevelopment Masterplan, but for Council to recognise that this has not satisfied the Midland community as they do not consider that their suggestions have been listened to and acted upon.

2. Note that the community would like City public consultation to be enhanced.





1. Amend the preamble to read:

The following motion provided by Midland Crescent Investments Pty Ltd relates to consent from the strata company pertaining to the business plan for a sale and development agreement for a portion of Midland Oval, and

2. Note that the Business Plan referred to in Motion 14 included only land owned by the City of Swan.


6) Note the information provided in regard to CEO remuneration and:

1. Continue to remunerate the CEO in accordance with Salaries and Allowances Tribunal determinations

2. Note that a CEO performance bonus could be used to reward the delivery of a budget to Council that results in an average rate increase of less than the consumer price index measure of annual inflation.


1. Note that the repair of the broken parking ticket machine at the Sidings Car Park (Yelverton Drive) in Midland, should be completed by the end of January 2018.

2. Provide the option for patrons to purchase all day and hourly parking tickets, at both parking ticket machines with an hourly rate of $1.50 per hour and all day rate of $4.50 for 2017/2018.


3. Amend all future parking fees for the car park in line with the City’s normal review of car parking fees in the City, including an hourly rate.






11) Take no further action at this meeting and note that:

1. The Darling Range Hotel is included in the Heritage List and the Local Government Inventory as Category 3 - Some/Moderate Significance

2. The community would like the Darling Range Hotel to be moved to Category 2 on the Heritage List in order to provide further protection.






For: Crs Bailey, Elliott, Henderson, Johnson, Jones, Kovalevs, Lyndon-James, McCullough, McDonnell, Scanlan and Zannino

Against: Cr Haynes and Cr McNamara

Mr Foley entered the Chamber at 6.41pm.

CITY of SWAN

M I N U T E S

ANNUAL MEETING OF ELECTORS

12 DECEMBER 2017

1. OPENING

As Presiding Member, Cr David Lucas welcomed those present and opened the meeting at 5.30pm.

2. ATTENDANCE AND APOLOGIES

Councillors: Cr D Lucas Mayor, Altone Ward (Presiding Member)Cr K Bailey Deputy Mayor, Pearce Ward Cr A Kiely Altone Ward Cr P Lyndon-James Altone Ward Cr M Elliott Midland/Guildford WardCr I Johnson Midland/Guildford WardCr C Scanlan Midland/Guildford Ward Cr P Jones Pearce WardCr C McCullough Pearce WardCr D McDonnell Pearce Ward Cr R Henderson Swan Valley/Gidgegannup WardCr C Zannino Swan Valley/Gidgegannup WardCr A Kovalevs Whiteman Ward Cr J McNamara Whiteman Ward

Staff: Mr M Foley Chief Executive OfficerMr M Bishop Executive Manager Community WellbeingMr J Coten Executive Manager OperationsMrs K Leahy Executive Manager Stakeholder RelationsMr S Tan Executive Manager Planning and

DevelopmentMs A Arapovic Manager Financial Services and RatesMr J Blanchard Manager GovernanceMs K Cugini Manager Business and Tourism ServicesMs M Dwyer Governance Support Officer (Minute

Clerk)

Leave of Absence: Nil

Apologies: Nil

Absent: Cr M Haynes Whiteman Ward

Members ofthe Public: 156 registered attendees (approximately 175 in attendance)

The Mayor gave the following address to the meeting

Good evening everyone. Welcome to the City of Swan’s Annual General Electors Meeting.

The purpose of this meeting is to present the 2016-17 Annual Report to the community and to allow you, the electors, to have a say and ask questions on local matters. The Annual Report provides key insights into the City’s major projects, economic position and trends to watch for the future as well as demonstrating how the City’s funds are raised and spent.

Your feedback provides us with invaluable insight into what matters most to the community and the direction you think we should be heading in. It is this kind of feedback that has recently led us to take a closer look at how we communicate with the community and what steps we can take in the future, to better meet your needs.

It has come after a number of you raised concerns regarding the City’s Unimproved Value Rate Review.

I would like to start by apologising for any confusion or upset that the review process has caused, this was certainly not the City or Council’s intent. I would also like to reassure you that the City and Council are committed to working with you to ensure this will not be the case going forward.

While the review does still have to take place, we are looking at a number of options that will refine the process and make it easier for all involved. This includes the possibility of waiting until after the Local Government Act has been reviewed.

These options will be presented as motions at tomorrow night’s ordinary Council meeting.

Until then, I would like to ask that you work with us to help us get the right information out to the people who need it. Unfortunately a lot of misinformation regarding the review has been circulated, confusing the matter even further.

I can assure you that this review is not a cash grab and it certainly is not an attempt to push people off their land. This review is being conducted to make sure the rating methodology applied to your land is correct. We simply need to ascertain whether or not the way we are calculating rates for these properties is correct - just as we did in 2007 and just as other local governments do, across the State.

If you have any concerns about the review, the process so far, possible implications or what happens next, please come and talk to us. We are here to help. We have been working hard to get you the information you need, as quickly as possible, and will continue to do so until the review is complete.

Given that we won’t know the outcome of the Council meeting until tomorrow night, I also want to confirm that if you believe your method of valuation should change to GRV, we are here to assist you with that as well.

As I am sure you are aware, you will have a chance to have a say on this, or any City matter, as part of this meeting.

You will also have a chance to vote on a variety of motions that have been submitted by residents, as long as you registered and received a voting card on entry.

Thank you for coming along this evening and taking the time to contribute to your local government and your community’s future.

3. RECEIVING OF THE ANNUAL REPORT 2016/2017

Motion

That the City of Swan Annual Report 2016/2017 be received.

Moved: Ms Sue HurtSeconded: Ms Dianne Welch


4. GENERAL BUSINESS

4.1 Statements from Electors

Mr Gerry Hanssen

The City's rates have doubled in the past 10 years. Across Australia, rates have doubled, on average over the past 20 years. The City should explain this.

Ms Allyson Kundid

Would the City please have some urgency in reviewing its signage policy as it relates to the Swan Valley?

Ms Jennifer Catalano

For 25 years a large majority of the Midland population has not wanted the Midland Oval turned into a building site and wish for it to be retained as a park. This will enhance and improve Midland and be a gateway to the Swan Valley.

Ms Suzanne Blumer

On 31 October a contractor was spraying glyphosate on dead grass on the verge of Lilydale Road. Glyphosate is only effective on actively growing herbage. The manufacturer of glyphosate has been charged in the US for false claims of safety, intimidation and deception. Shortly after, the verge was slashed. Why would the City of Swan permit such a useless, wasteful, and possibly harmful exercise at our expense?

Mr Soren Jensen

I recently had my house broken into and attribute this to the large number of empty properties in the Midland area. The City should do something about the empty houses. Why is the City developing housing when there is so much empty?

Mr Tony Walls

The City should communicate in plain English.

Ms Barbara Dundas

There are many policies that are applied to Guildford. What is the point of having policies if they are not adhered to?

Mr Gerry Hanssen

I have no problem with the amount of expenditure for the Midland Oval redevelopment. It is a viable development. I am concerned that it will be turned into a 'concrete jungle' and there is no commercial reason why a 2ha park should not be retained.

4.2 Questions from Electors

The following questions were received in writing prior to the meeting and written responses were available at the meeting.

Ms Rachel Ivic

Q1 If the City of Swan accepts the recommendation by Member for West Swan Rita Saffioti MLA and/or the motion by Cr Zannino to defer the review until the Local Government Act 1995 and Swan Valley Planning Act 1995 reviews are completed, if the Unimproved Value review is resumed in the future, what non-discriminatory criteria will the City of Swan use to provide all rural ratepayers (both UV and GRV) with an equal opportunity to update their land use if they so choose?

A1 The Land Use Declaration form is available to all ratepayers (UV and GRV rated properties) to complete at any time if the predominant use of their land has changed.

If the UV Rates Review is deferred, upon the recommencement of the review a report will be prepared for Council to understand any legislated changes that impact the review of the method of valuation for rating purposes.

Q2 If the 2017 Unimproved Value Rated Property Review is deferred or delayed how will the City of Swan treat Land Use Declaration forms already received as part of the review?

A2 If the UV Rated Property Review is deferred, the Land Use Declaration Forms will not be actioned. However, the City of Swan is required to keep a record of any documents received. In line with ‘General Disclosure Authority’ from the State Records Office this form must be retained for a minimum of seven years. All information is used and stored as per our Privacy Statement which is found on our website.

Whilst the general review of UV rated properties is deferred, Council is required to review the method of rating individual properties where it is informed of subdivisions, change of use and developments as these occur from time-to-time.

Q3 If the returned forms must be held on record, will the City of Swan file the correspondence as “non-compliant”, “invalid” or “never to be used” at a ratepayers request if the documents cannot be returned to or destroyed?

A3 If Council resolves to defer the UV Rated Property Review, there will be a resolution of Council that will prevent the actioning of the forms.

Q4 If the 2017 Unimproved Value Rated Property Review is deferred or delayed will the City of Swan immediately communicate and send letters advising all of the UV ratepayers (including those who have already returned the Land Use Declaration Form) so that this correspondence is received before the extended deadline of 22nd December 2017?

A4 The City will send correspondence to all ratepayers of unimproved value properties as soon as possible.

Q5 What criteria did the City of Swan apply to identify the 4054 unimproved properties who received the 2017 Unimproved Value Rated Property Review application packs (dated 23 October 2017)?

A5 The criteria is the properties method of valuation = "unimproved valuation”.

Ms Sheree Colley

Q1 What evidence based planning tool was used to determine the public open green space in the urban redevelopment of Midland Oval? Has the most robust and current, well researched public health and urban design methodology been used to aid future planning and decision making, including integrating and maintaining the economic and social qualities of the ‘heritage heart’ of Midland?

A1 The Midland Oval has been planned for in a comprehensive manner. Sitting within the Midland Activity Centre, the precinct and its surrounding area has been planned for in line with the state planning system. This includes both the strategic and statutory planning frameworks for Western Australia, particularly the hierarchy of centres set out within State Planning Policy 4.2, and Activity Centres for Perth and Peel.

Furthermore, the urban designers responsible for preparing the plan have considered all elements of relevant literature relating to safety, functionality, best practice drainage and water sensitive urban design (environmental) and effective use of space, befitting of a strategic metropolitan centre. There is significant evidence around the efficient and effective use of passive open space and linear parks which have been considered in this design.

Green Star Rating has been considered within the Design Guidelines for the development.

Q2 The Midland Oval is subject to a confidential financial assessment. What is the business case and analysis that underpin this development proposal?

A2 In the development of the masterplan, land use feasibility, land economics feasibility and market analysis work has been carried out to inform the land uses, siting and lot configuration for the precinct. This enabled the City to prepare a range of scenarios for consideration within the financial analysis of the project. Upon Council satisfaction, these will be defined in the business plan proposed to be advertised in the near future.

This information is confidential as it contains valuations relating to land holdings.

Q3 What Return on Investment (ROI) analysis has been completed for the Midland Oval Redevelopment Masterplan, and the alternative options?

A3 Council has not determined a Return on Investment for the precinct. Unlike the City's commercial projects, which have set targets, Council's vision for this project has primarily been to instigate the revitalisation of the town centre, to connect the older and newer parts of the activity centre. Council's focus has been around the ongoing social and economic benefits for the precinct and the wider Midland activity centre. Over the last 49 years, numerous concepts have been developed along with financial modelling which have proven unviable.

The financial modelling will include discount rates and forecast inflation rates to provide a nominal discount rate, which will form part of the business plan to be advertised to community upon Council resolution.

Mr Callan Gray

Q1 What effect will the development proposed by the Midland Oval Redevelopment Masterplan have on rates within the City of Swan?

A1 Financial modelling for the project has incorporated future sales and rateable revenue drawn from within the precinct. This will be detailed within the business plan which will be advertised in the near future. It is not intended that the precinct development will result in increased rates.

The development will improve the values within the precinct and adjacent properties.

Subject to the proposal preferred by Council and the financing arrangements, it is not possible to determine the financial impact on the City until the business plan has been endorsed by Council.

Ms Rosemary Bezu

Q1 Why did the Council agree to sell two blocks of land to the De Mol group before making public the proposed redevelopment of the Midland Oval?

A1 Under the Local Government Act 1995, a local government authority is not required to have an endorsed masterplan prior to being able to divest freehold land.

The proposed sale of Lot 4 The Avenue was advertised in accordance with the Local Government Act 1995 in August 2015 concurrent to the Midland Oval Redevelopment Masterplan, the Midland Activity Centre Structure Plan and the Amendment 119 to Local Planning Scheme No.17 for transparency. The advertising was conducted for a greater period of time than required under the Local Government Act 1995. No public submissions were made, therefore Council resolved to enter into a contract of sale in November 2015.

Q2 Why did the Council vote against going out to tender on these two blocks and preferred to sign a private treaty with the De Mol Group?

A2 In accordance with the Local Government Act 1995, a local government authority can divest land through private treaty, public tender or public auction.

Q3 Why did the City of Swan get only one valuation for the land they sold to the De Mol group?

A3 The valuation for the site was carried out in accordance with the Local Government Act 1995.

Q4 Are there any conditions (such as roads, time frames) in the private treaty with the De Mol group that bind Council in any way?

A4 The business plan was advertised in August 2015. There are a number of conditions attached to the sale and development contract between the De Mol group and the City of Swan.

Mr Patrick Irwin

Q1 Is there a conflict of interest in Councillors who were involved in the Midland Oval Redevelopment Masterplan (the Masterplan) committee which formulated the Masterplan plan in voting against considering alternatives for the Masterplan?

A1 The Swan Development Committee is a reference committee and has no delegated authority to make decisions regarding this or any other development.

Q2 Why do certain Councillors, who are happy to support parks in their own Wards, fail to support Midland retaining its sole significant and heritage Central Park?

A2 The Midland Oval Redevelopment Masterplan includes 1.9 hectares of passive open space (exclusive of roads, walkways etc.) consisting of the following functional uses:

'Midland Park' 8,729m2

Residential Park 4,716m2

Piazza 5,606m2

Ms Rashelle Predovnik

Q1 Since 2011 (according to the minutes of the 30 January 2017 Special Meeting of Council) $28m has been spent on the oval redevelopment. What is the latest figure on the redevelopment spend?

A1 As at 30 January 2017, $28million had been spent on acquisitions. Since that date an additional $3.2million has been spent on acquisitions.

Q2 A total of $1m has been allocated in the City’s 2017-18 Annual Budget just for planning for this development. Can you provide a basic breakdown of how this latest one-million-dollar budget allocation is to be spent?

A2 The latest breakdown of activities being accounted for in the 2017-18 Financial year Budget incorporates the following work which will contribute to the detailed planning and design for the precinct:

Economic Feasibility and Staging

Place Making and Activation

Landscape Designs

Lighting Strategy

Public Arts Strategy

Design Guidelines

Q3 Despite spending millions of dollars buying up properties around the oval since 2011, the City still does not have a business plan for the redevelopment that’s been ratified by Council. When do you expect to have a business plan to present to Council?

A3 The business plan has been drafted and is awaiting final resolution by Council in relation to the financial modelling. Upon resolution, this will be updated and advertised to Community. This is expected to be presented to Council in 2018.

Q4 Once ratified, will this business plan be released for public comment?

A4 See comment above.

Q5 Will the City ratify and release this business plan before it continues any further with this project?

A5 There will be no further acquisitions or divestment of land until Council hasendorsed a business plan. There is no impediment to other works taking place under the Local Government Act 1995.

Q6 Can you walk us through what processes still need to happen before the Midland Oval Concept Plan is finalised and the City’s planned development on the oval starts. Can you also please provide a timeline?

A6 The Midland Oval Redevelopment Masterplan was endorsed in January 2017. The City is currently in the planning and design phase. Once the required approvals from Council are granted it will move to construction in a staged manner. The timeframe will be dependent on a number of factors, such as the economic climate.

Q7 Why is the financial analysis for the Midland Oval being discussed behind closed doors as a confidential item at tomorrow night’s Council Meeting?

A7 The financial modelling contains valuations relating to land holdings.

Q8 What elements of the financial analysis will be made publically available? If so, when and if not, why?

A8 The financial modelling will form part of the business plan. This will be made public upon Council resolution to advertise. The financial modelling will provide the high level analysis, with interpretation, as required by the Local Government Act 1995.

Q9 In 2012 the City of Swan formed the Commercialisation Business Unit to “reduce the city’s reliance on rates through property development” and the Midland Oval redevelopment comes under this. Given the reason for the commercialisation of the Midland Oval was to reduce our reliance on rates, why aren't our rates going down and why have they in fact consistently gone up since 2012?

A9 The commercial reporting unit was endorsed by Council and commenced in 2011, just prior to Perth's most dramatic economic decline in approximately 50 years. The Midland Oval Redevelopment was transferred to the commercial team in order to separate the planning component from the planning division, at that time. Council vision for the redevelopment has, and continues to be, around the social and economic benefits to community.

The City's Commercial team was set up to generate supplementary income from the divestment of surplus assets in addition to the creation of a commercial portfolio. The value of land divested by the City's commercial team, to date, has been significant. The City's commercial portfolio has consistently achieved an annual ROI above the cash bond rate. The effect of the divestment and ROI achieved has assisted the City in keeping the rate increases to a minimum.

Although commercialisation has achieved a satisfactory ROI rate, annual rate increases are impacted by, though not limited to, urban growth across the municipality, in-kind donations and increased community expectations for the delivery of services and facilities.

Mrs Suzanne Blumer

Q1 On 31 October a contractor was spraying glyphosate on dead grass on the verge of Lilydale Road. Shortly after, the verge was slashed. Why would the City of Swan permit such a useless, wasteful, and possibly harmful exercise at our expense?

A1 The City conducted the spraying as part of the routine verge maintenance programme which is aimed to control verge vegetation to ensure line of sight andallow road surfaces to remain to a high standard. The spray crews use a mixture of pre-emergent and 'knock-down' herbicide, so even if no green vegetation is present the treatment will prevent the seeds from germinating over a longer period of time.

More information on the City's Weed Control Program can be located on the City's website.

The following questions were asked at the meeting:

Ms Rashelle Predovnik

Q1 The Western Australian Planning Commission are currently considering the Midland Activity Centre Structure Plan. What does this mean for the future of the development and opportunities for new designs?

A1 Executive Manager Planning and Development advised that he understood the Commission considered the Plan today but that the City has not currently been made aware of the outcome. The Plan outlines the Midland CBD and includes the Midland Oval precinct, identifying it for development. A Local Planning Scheme has been gazetted which will allow development of the precinct.

The planning instruments to allow development have been approved.

The Mayor advised that Council has adopted the Midland Oval Redevelopment Masterplan and will continue to action the Masterplan. It would be up to the Council to determine if it wished to halt/change the Masterplan.

Ms Deborah (did not capture surname)

Q1 The Shire of Mundaring is assessing an application to increase the capacity of a mine within their district. The application will have a significant impact on traffic level on Toodyay Road. The Shire of Mundaring has requested the City to make a submission. Has it made a submission (due on 18 December)?

A1 The CEO and Executive Manager Planning and Development advised they were unware of any request to make a submission and would follow the matter up.

Ms Amanda Blackett

Q1 Has a final decision been made on rezoning an area along Park Street from Special Rural to Urban?

A1 Executive Manager Planning and Development advised this is a Metropolitan Region Scheme Amendment being considered by the Western Australian Planning Commission. A public submission period is currently being conducted. No final decision has been made.

Q1 I purchased in the area not aware of any plans for public transport options that may impact me. Has this area been allocated for the train line?

A1 The previous state government had plans to provide a rapid bus transit service along Lord Street. The current state government has committed to a rail line. They have appointed consultants to develop 10 options with a view to reducing it to three to seek further comment.

The City has no further information on the route and how it may connect to the current road network.

Mr Tito Teraci

Q1 Why hasn’t the City of Swan produced some record of the history of the Swan Valley and will it construct a museum or memorial?

A1 The Mayor advised that a number of individual residents have authored books on the history of the Swan Valley and the City has a collection of some of these books. The City will continue to consider how it recognises its history.

Mr Patrick Irwin

Q1 The City has a Commercialisation Policy. Why is it speculating with ratepayer funds and acting as a developer when the revenue is best used for services?

A1 The Mayor took the question on notice.

4.3 Motions from Electors

The following set of motions relate to the City of Swan's Unimproved Value Rated Property Review.

Motion 1

That the Council place on hold all matters pertaining to re rating UV areas until after the next round of council elections in 2019. That way we can get a say on who we want in council to represent our interests.

Moved: Mr Eric PurvisSeconded:

The Mayor advised that Council is to consider a motion at the Council Meeting to be held on 13 December to defer the review until the review of the Local Government Act 1995 and that linking a review to local government elections may not be the best approach.

Mr Purvis withdrew his motion.

Motion 2

That all rates must be in line with zonings. Therefore, if your zoning is residential / urban then you are rated on GRV if you are zoned rural or any other rural zoning you are rated as UV.

Moved: Mr Eric PurvisSeconded: Ms Sally Block


Motion 3

That the City of Swan's Unimproved Value Rated Property Review 2017 be called off on the basis that words used in the Land Declaration form are not judicially defined - in particular 'rural', 'rural purposes' and 'hobby farm'.

Moved: Ms Rachel IvicSeconded: Ms Karen Mowat


Motion 4

That the City of Swan's Unimproved Value Rated Property Review 2017 be declared invalid on grounds that ratepayers who returned the Land Use Declaration form within the original 21 day deadline have been severely disadvantaged.



Motion 5

That the City of Swan's Unimproved Value Rated Property Review 2017 be declared invalid on the basis it has been varied from the Department of Local Government, Sport and Cultural Industries template and these variations are intrusive and unethical.

Moved: Ms Rachel IvicSeconded: Mr Robert Travers CARRIED BY MAJORITY VOTE

Motion 6

That if the City of Swan accepts the recommendation by Member for West Swan Rita Saffioti MLA to delay the 2017 Unimproved Value Rated Property Review or if the current review is deferred and/or cancelled for other reasons, that upon future review any properties survey (either UV and GRV) are identified in a non-discriminatory manner which equally provides all ratepayers an opportunity to update their land use.



Motion 7

We require an improved and well planned community consultation process to occur based on providing positive engagement; quality information and examples to land owners to facilitate a clear understanding of this Rating Review implications and process after the full reviews of the Local Government Act 1995 and the Swan Valley Act 1995has taken place, which will give a basis for submissions to be made from the City,Council and the community.

Moved: Ms Sue HurtSeconded: Ms Sally Block


Motion 8

That the City suspends the current review of rating of UV rated properties in the City of Swan until such time as the current review of the Local Government Act has been completed and a comprehensive report on the outcomes has been prepared and considered by Council for implementation, that the City does not process any of the rating review forms that have already been returned and that affected ratepayers are immediately informed of this outcome.

Moved: Ms Anne SibbelSeconded: Mr Reece Jones


The following set of motions relate to the City of Swan's Midland Oval Redevelopment.

Motion 9

That the City of Swan conduct a valid consultation of ratepayers asking which plan they support, an alternative one with the central park retaining the oval, or the current City Midland Oval Redevelopment Masterplan.

Moved: Mr Patrick Irwin Seconded: Ms Francesca Irwin CARRIED BY MAJORITY VOTE

Motion 10

That Council agree to look at alternative options that include retaining the oval defined by and including the Velodrome as a major Central Park.

Moved: Mr Patrick Irwin Seconded: Mr Rex McCRae


Motion 11

The Council stop the Midland Oval redevelopment process and that it considers the alternative plan put forward tonight by Mr Patrick Irwin.

Moved: Ms Jennifer CatalanoSeconded: Mr Rex McCrae


Motion 12

That the City of Swan:

1) Does not commit $1million for a consultant to tell us what we don’t want.

2) Commit to a park of at least 2ha, and

3) Request developers to come with their proposals.

4) The City with the community assess the proposal and then move forward.

Moved: Mr Gerry HanssenSeconded: Ms Frances TaylorCARRIED BY MAJORITY VOTE

Motion 13

That the City releases its high level costings for the Midland Oval Redevelopment and for the city to also release whatever financial analysis and information it can at this stage to justify the development.

Moved: Ms Rashelle PredovnikSeconded: Ms Frances TaylorCARRIED BY MAJORITY VOTE

Motion 14

The following motion relates to the business plan for a sale and development agreement for a portion of Midland Oval.

That the City of Swan Council are made fully aware of these facts and that the council acts on this information by halting the Midland Oval redevelopment process until this matter is investigated and addressed.

Moved: Ms Rashelle PredovnikSeconded: Mr Patrick Irwin


The following set of motions relate to various City of Swan matters.

Motion 15

All rates increases are to be capped by the inflation rate of the Perth CPI index for that year.

Moved: Mr Eric PurvisSeconded: Ms Sally Block


Motion 16

That the City of Swan enact a differential rates category to reflect the unique characteristics and diversity of rural residential properties.

Moved: Ms Rachel IvicSeconded: Mr Robert Travers CARRIED BY MAJORITY VOTE

Motion 17

The CEO’s salary and KPIs should not be linked to size of budget or number of staff they manage. Remove all rewards related to revenues generated and numbers of employees or size of council. Insert a new reward structure and new KPIs that reward operating the budget within the CPI increase for Perth region and reducing costs. The more you save the more you earn. Operate at CPI and nothing but base salary, operate over CPI and base salary or benefits are reduced on a pro rata basis using a formula, operate under CPI and that same formula calculates the bonus paid to the CEO.



Motion 18

For the entrance parking machine to the car park in Yelverton Drive, Midland (opposite the Super GP Clinic/Specialist Centre/Cancer Treatment Centre at Centennial Place,Midland) to be repaired into working order to give patrons a choice of $2.00 hourly parking and all day parking.



Motion 19

That the City of Swan support, investigate and initiate across Government for the Swan Valley to have a designated postcode.

Moved: Ms Sue HurtSeconded: Ms Allyson KundidCARRIED BY MAJORITY VOTE

Motion 20

That the City of Swan produces a Cycle Map which includes, by illustration and wording, the location of bike repair stations within the City of Swan.

Moved: Ms Sue HurtSeconded: Mr Bruce Potter


Motion 21

That road works are required for intersection realignment design of the slip lane of Neary Boulevard and Gnangara Road, Aveley.



Motion 22

City of Swan to investigate, design and allocate budget for works to return Robert Street, Henley Brook to a Local Road instead of a thru road and short cuts as a detour to parts of the Swan Valley and West Swan Road as per the following suggestions

1) Median Strip at Gnangara Road and Robert Street, with a left hand side slip lane for local traffic.

2) Left in, left out slip at this location.

Moved: Ms Sue HurtSeconded: Ms Jenny BowmanCARRIED BY MAJORITY VOTE

Motion 23

That Council consider placing the Darling Range Hotel on Level 2 of City of Swan Heritage List.

Moved: Ms Dianne ArvinoSeconded: Mr Patrick Irwin


Motion 24

Where the City of Swan finds that tree roots are responsible for adjacent footpath and road disturbance that rubber softfall will be placed at these points so as to permit movement of road and path whilst keeping verge/roadside trees.

Moved: Ms Melinda BrackleySeconded: Shannon Astill


Motion 25

The City of Swan implements a significant tree inventory to allow the registration andprotection of trees from removal.

Moved: Ms Melinda BrackleySeconded: Ms Joanne Nagle


Motion 26

The City of Swan establishes a tree asset register whereby trees are given a monetary value to the amenity and benefit they provide to the community.

Moved: Ms Melinda BrackleySeconded: Shannon Astill

MOTION WAS LOST

Motion 27

That the City of Swan not compete for Mirrabooka and Leederville water sources i.e. purchase water from these aquifers that could be used in Swan Valley horticulture precinct.

Moved: Mr Harry GratteSeconded: Ms Allyson KundidCARRIED BY MAJORITY VOTE

5. CLOSURE

There being no further business, the Presiding Member, Mayor Lucas thanked those present for their attendance and declared the meeting closed at 7.06pm.

1968 Concept

1989 Concept

1993 Concept

1993 Concept

1994 Concept

1996 Concept

1997 Charrette concept

2007 - Midland 2017 - Enquiry by Design

2009 Concept

2010 Concept Common themes

• Streets configuration: The Avenue & Cale Street • Uses: Residential, commercial, retail, open space & car parking

annual meeting of electors - consideration of motions · properties survey (either uv and grv ......

Documents