Minutes
Unconfirmed
Ordinary Council Meeting
7.00pm, 29 May, 2012
Civic Chambers
Dundebar Road, Wanneroo
Recording of Council Meetings Policy
Objective
· To ensure that there is a process in place to outline access to the recorded proceedings of Council.
· To emphasise that the reason for recording of Council Meetings is to ensure the accuracy of Council Minutes and that any reproduction is for the sole purpose of Council business.
Statement
Recording of Proceedings
(1) Proceedings for meetings of the Council, Electors, and Public Question Time during Council Briefing Sessions shall be recorded by the City on sound recording equipment, except in the case of meetings of the Council where the Council closes the meeting to the public.
(2) Notwithstanding subclause (1), proceedings of a meeting of the Council which is closed to the public shall be recorded where the Council resolves to do so.
(3) No member of the public is to use any electronic, visual or vocal recording device or instrument to record the proceedings of the Council or a committee without the written permission of the Council.
Access to Recordings
(4) Members of the public may purchase a copy of recorded proceedings or alternatively listen to recorded proceedings with the supervision of a City Officer. Costs of providing recorded proceedings to members of the public will be the cost of the recording plus staff time to make the copy of the proceedings. The cost of supervised listening to recorded proceedings will be the cost of the staff time. The cost of staff time will be set in the City's schedule of fees and charges each year.
(5) Elected Members may request a recording of the Council proceedings at no charge. However, no transcript will be produced without the approval of the Chief Executive Officer. All Elected Members are to be notified when recordings are requested by individual Members.
Retention of Recordings
(6) Recordings pertaining to the proceedings of Council Meetings shall be retained in accordance with the State Records Act 2000.
Disclosure of Policy
(7) This policy shall be printed within the agenda of all Council, Special Council, Electors and Special Electors meetings to advise the public that the proceedings of the meeting are recorded.
Unconfirmed Minutes of Ordinary Council Meeting
held on Tuesday 29 May, 2012
CONTENTS
Item 2 Apologies and Leave of Absence
PQ03-05/12 Mr D Morley, Valley Views Drive, Landsdale
PQ04-05/12 Mr D Nikola, Jackson Circuit, Madeley
PQ05-05/12 Mr G Hajigabriel, Newcastle Street, Northbridge
PQ06-05/12 Mr E Reid, Brohard Road, Butler
PQ07-05/12 Mrs J Burnett, Emerald Drive, Carabooda
PQ08-05/12 Mr R Burnett, Emerald Drive, Carabooda
PQ09-05/12 Mr W Edwards, Oakland Close, Woodvale
PQ10-05/12 Mr J Hodges, James Spiers Drive, Wanneroo
PQ11-05/12 Mr M Pilkington, St Finians Bend, Wanneroo
Item 4 Confirmation of Minutes
OC02-05/12 Minutes of Ordinary Council Meeting held on 1 May 2012
Item 5 Announcements by the Mayor without Discussion
OA01-05/12 Presentation of Cheque for Wanneroo Road Townscape Improvements
OA02-05/12 Presentation of Thank You Card
Item 6 Questions from Elected Members
PT05-05/12 Request to change floor of Glenfine Park, Carramar from sand to rubber
PT01-05/12 Objecting to Construction of Two Metres Wide Footpath - Palm Corner, Quinns Rocks
PT02-05/12 Requesting Withdrawal of Infringements - Anthony Waring Park
PT05-08/11 Opposition to Proposed Location of Mobile Phone Towers at 6 Jindalee Boulevard, Jindalee
PT03-05/12 Requesting Airconditioning - Warradale Community Centre
CD03-05/12 Reconciliation Action Plan 2012-2014
CR04-05/12 Proposed Commercial Development - Lot 1061 (2) Captiva Approach, Butler - DA2011/799
CR05-05/12 Amendment No. 12 to Agreed Structure Plan No. 3
CR06-05/12 Acquisition of Portion of Lot 9001 Lenore Road, Wanneroo and Lot 4 Mary Street, Wanneroo
UB01-05/12 Yanchep Active Open Space Project update
IN02-05/12 Road Safety Audit - Highclere Boulevard/Marangaroo Drive, Marangaroo
IN03-05/12 Light Vehicle Fleet Policy
IN04-05/12 Community Consultation - Queenscliff Park Beach Access Upgrade, Quinns Rocks
IN05-05/12 PT01-05/12 - Construction of Two Metre Wide Footpath - Palm Corner Quinns Rocks
PS05-05/12 Draft Local Planning Policy 3.2: Activity Centres
PS06-05/12 Local Planning Policy 5.3: East Wanneroo
PS07-05/12 Approval of Expenditure for the Sustainability Investment Fund
PS08-05/12 State Planning Policy No. 2.6 State Coastal Planning Policy
Town Planning Schemes & Structure Plans
PS10-05/12 Agreement of South Alkimos Local Structure Plan No. 72
PS12-05/12 Proposed Commercial Development at Lot 19 (20) Clarkson Avenue, Tapping
PS14-05/12 Draft Western Australian Bicycle Network Plan 2012 - 2021
CB03-05/12 Service Level Agreement - Constable Care Child Safety Foundation Inc.
CB05-05/12 Amendment to Existing Report: Aquisition of Land, Portion of Lot 51 Mary Street, Pearsall
CB06-05/12 Appointment of Delegate to the Mindarie Regional Council
Corporate Strategy & Performance
CS07-05/12 Warrant of Payments for the Period to 30 April 2012
CS08-05/12 Financial Activity Statement For The Period Ended 31 March 2012
CS09-05/12 City of Wanneroo Ward Boundary Review
CS10-05/12 Donations to be Considered by Council - May/June 2012
CS11-05/12 Local Government Reform - Findings
CS12-05/12 Motor Vehicle Agreement between the City of Wanneroo and the Mayor, Tracey Roberts JP.
CS13-05/12 Software Asset Management Policy
MN01-05/12 Cr Rudi Steffens – Night Time Closure - Public Toilet Rosslare Park, Mindarie
UB02-05/12 Removal of Fishing Platform – Alexandria View, Mindarie
Please refer to agenda for details of full reports and attachments.
Mayor Roberts declared the meeting open at 7:00pm.
TRACEY ROBERTS, JP Mayor
Councillors:
DOT NEWTON, JP Central Ward
DIANNE GUISE Central Ward
FRANK CVITAN Central Ward
RUDI STEFFENS Coastal Ward
RUSSELL DRIVER Coastal Ward
NORMAN HEWER North Ward
LAURA GRAY, JP North Ward
BRETT TREBY South Ward (Arrived at 7:45pm)
ANH TRUONG South Ward
STUART MACKENZIE South Ward
DENIS HAYDEN South Ward
Officers:
DANIEL SIMMS Chief Executive Officer
LEN KOSOVA Director, Planning and Sustainability
DENNIS BLAIR Director, Infrastructure
FIONA BENTLEY Director, Community Development
JOHN PATON Director, Corporate Strategy & Performance
MIKE BARRY Manager Governance & Executive Services
MICHAEL PENSON Manager Property
KAREN BROWNE City Lawyer
LAURIE BRENNAN Public Relations/Communications Officer
YVETTE HEATH Minute Officer
Item 2 Apologies and Leave of Absence
BOB SMITHSON Coastal Ward (Leave of Absence 7 May to 26 July inclusive)
IAN GOODENOUGH, JP Coastal Ward
Moved Cr Cvitan, Seconded Cr Guise
That Cr Dot Newton be granted a leave of absence for the period 30 May to 24 June inclusive.
Carried Unanimously
There were 109 members of the public and 2 members of the press in attendance.
Public Questions received in writing prior to Council Meeting
Closure of Gnangara Road
Why was Gnangara Road west from Priest Road closed?
Response by Director Infrastructure
Gnangara Road (old alignment) was closed west of Priest Road in accordance with the East Wanneroo Structure Plan for the area, with Gnangara Road realigned and connected to link in with the new Ocean Reef Road/Sydney Road traffic signal controlled intersection. Gnangara Road then heads south at this interception and reconnects to its original alignment at a new roundabout intersection with Mirrabooka Avenue (formerly Madeley Street). The section of Gnangara Road closed west of Priest Road will form part of the local road network as subdivisional development immediately to the north of this section of road advances.
This revised road layout is in keeping with the arterial road network outlined as part of the overall structure planning for the East Wanneroo area and further provides a direct east/west regional link from the City of Wanneroo to the City of Swan in the east and the City of Joondalup (Marmion Avenue and the Mitchell Freeway) in the west. |
Public Questions received during the Council Meeting
Mayor Roberts allowed the statement below due to Mr Hajigabriel requesting a deputation but there being no time slots available during deputation time.
Item 4 Confirmation of Minutes
Moved Cr Gray, Seconded Cr Driver
That the minutes of the Ordinary Council Meeting held on 1 May 2012 be confirmed.
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Item 5 Announcements by the Mayor without Discussion
Mayor Roberts presented a cheque for $1million from the Minister for Transport, Mr Troy Buswell, for the Wanneroo Road Townscape improvements. |
Item 6 Questions from Elected Members
Nil
Moved Cr Hayden, Seconded Cr Cvitan
That the petitions be received and forwarded to the relevant Directorates for action.
Carried Unanimously
Cr Goodenough presented a petition of five signatories objecting to construction of a two metres wide footpath abutting the kerb along the south side of Palm Corner, Quinns Rocks, however would not object to a 1.5 metres (or less) width path being constructed along the same location, as is presently the case in nearby Lorient Pass, Quinns Rocks.
Response by Mayor Roberts
It is my understanding that there has been a resolution of Council already.
Response by Director Infrastructure
At its meeting of 6 March 2012 Council considered two petitions on the footpath in Palm Corner, one objecting to the pathway and one supporting it. Council resolved to approve the construction of 155 metres of two metres wide concrete footpath in Palm Corner. In accordance with Council’s resolution all the owners and petition coordinators have been advised and the City is currently progressing this project.
UPDATE
Report going to 29 May 2012 meeting. |
Declarations of Interest by Elected Members, including the nature and extent of the interest. Declaration of Interest forms to be completed and handed to the Chief Executive Officer.
Cr Gray declared an impartial interest in Item PS12-05/12 due to having a past occasional association with Greg Rowe & Associates in a professional capacity as a Heritage Consultant.
Cr Guise declared a financial interest in Item PS13-05/12 due to receiving a campaign donation from Mr Gin Ang Wah of New Orion Investments P/L.
Cr Guise declared a financial interest in UB01-05/12 due to receiving a campaign donation from Mr Gin Ang Wah of the Yanchep Beach Joint Venture.
Mayor Roberts declared a financial interest in Item CS12-05/12 due to the item dealing with the provision of a motor vehicle for her use.
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Moved Cr Driver, Seconded Cr Steffens
That Item 11 Confidential be brought forward and dealt with immediately prior to Item IN02-05/12.
CARRIED UNANIMOUSLY |
Moved Cr Hayden, Seconded Cr Steffens
That Council move into a Confidential Session to discuss these items under the terms of the Local Government Act 1995 Section 5.23(2).
Carried Unanimously
The meeting was closed to the public and all recording ceased at 7:38pm.
Moved Cr Steffens, Seconded Cr Newton
That the meeting be reopened to the public.
Carried Unanimously
The meeting was reopened to the public and all recording recommenced at 7:59pm.
Mayor Roberts read aloud the motions.
Cr Guise declared a financial interest in Item UB01-05/12 due to receiving a campaign donation from Mr Gin Ang Wah of the Yanchep Beach Joint Venture and left Chambers at 7:41pm.
Cr Treby arrived in Chambers at 7:45pm.
File Ref: 5642 – 12/60720 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: 2 This report is to be dealt with in confidential session, under the terms of the Local Government Act 1995 Section 5.23(2), as follows: (e)(iii) a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government |
Moved Cr Gray, Seconded Cr Hewer
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Moved Cr Hewer, Seconded Cr Gray
That the Motion be deferred in order to consider the recommendation of the Yanchep Beach Joint Venture Board.
CARRIED UNANIMOUSLY
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Cr Guise returned to Chambers at 7:57pm.
File Ref: 3503 – 12/44297 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 1
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Moved Cr Steffens, Seconded Cr Truong That Council:-
1. RECEIVES this report on the outcomes of the community consultation process for the proposed upgrade of the Queenscliff Park Beach Access, Quinns Rocks; 2. NOTES that applications will be lodged with the West Australian Planning Commission for Development Approval and the Department of Environment and Conservation for a Clearing Permit for the works associated with the proposed upgrade of the Queenscliff Park Beach Access, Quinns Rocks, based on the Concept Plan as endorsed by Council for community consultation at its meeting held on 29 June 2010 (City of Wanneroo Drawing No 2552-01-0 shown at Attachment 1); and 3. NOTES that prior to advertising for tender, Administration will present a further report to Council on project financial viability should the Construction Cost Estimate arising out of detailed design and compliance with any approval conditions exceed 10% of the project budget.
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File Ref: 7045 – 12/51567 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Steffens, Seconded Cr Truong That Council:- 1. RECONFIRMS its decision of 6 March 2012 (IN10-03/12) to approve the construction of 155m of 2m wide cast insitu concrete footpath in Palm Corner, between Christian Park and Sirius Ramble, Quinns Rocks, at an estimated cost of $35,000; 2. NOTES that the proposed 2m wide pathway in Palm Corner, between Christian Park and Sirius Ramble, Quinns Rocks will be constructed adjacent to the kerb; and 3. ADVISES the petition organiser and directly affected residents of Palm Corner of Council’s decision.
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IN06-05/12 Community Consultation - Broadview Park, Landsdale - Proposed Relocation of Gazebo, Pathway and Limestone Walls File Ref: 1552 – 12/51209 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 2 |
That Council:- 1. RECEIVES the outcomes of community consultation process for the proposed relocation of the gazebo, pathway and lookout at Broadview Park, Landsdale; 2. ENDORSES the concept plan as shown on City of Wanneroo Drawing No 2739-2-A (refer Attachment 1) for the construction of a new lookout structure in Broadview Park, Landsdale and demolition of the existing structure, for the purpose of design and documentation suitable for the commissioning of contractors; 3. NOTES that subject to finalisation of design and documentation, construction works will be scheduled to be undertaken from October 2012 to December 2012; and 4. ADVISES the residents who have returned the comment sheet of the Council decision. |
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Moved Cr Mackenzie, Seconded Cr Treby
That the Motion be deferred to look at security for the Mews and other on-site solutions for the gazebo.
Carried Unanimously |
IN07-05/12 Concept Plans for the Renewal and Hydrozoning of the Irrigation Systems at Paloma Park, Marangaroo and Shelvock Park, Koondoola File Ref: 1582 – 12/51193 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 3
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Moved Cr Gray, Seconded Cr Driver That Council ENDORSES the proposed hydrozones for Shelvock Park, Koondoola (refer Attachment 1 ) and Paloma Park, Marangaroo (refer Attachments 2 and 3) to be used as the basis for the irrigation design for upgrading of the existing irrigation systems at these parks as part of the 2012/2013 Irrigation Infrastructure Replacement Program.
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IN08-05/12 Wanneroo Road Streetscape Enhancement in Wanneroo Townsite - Consideration of Western Australian Government Grant File Ref: 2416V02 – 12/55319 Responsible Officer: Director Infrastructure Disclosure of Interest: Nil Attachments: 2
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Moved Cr Guise, Seconded Cr Newton That Council:- 1. ACCEPTS the offer of $1M from the Western Australian Government to undertake Wanneroo Road Streetscape Enhancement works within the Wanneroo Town Centre; 2. NOTES that the scope of works for the Wanneroo Road Streetscape Enhancement project will be limited to expend $1M; 3. ADVISES the Hon Troy Buswell, Minister for Transport; Housing and Emergency Services that: a) the City accepts the $1M grant for the Wanneroo Road Streetscape Enhancement works within the Wanneroo Town Centre; b) the scope of works will be limited to the grant amount of $1M instead of the City’s order of cost estimate amount of $1.731M; and c) due to significant project design, consultation and approval processes that are necessary the project is not likely to be completed until 30 June 2013; 4. Pursuant to Section 6.8(1) of the Local Government Act 1995, APPROVES BY ABSOLUTE MAJORITY the unbudgeted expenditure of $1M to undertake works associated with the Wanneroo Road Streetscape Enhancement Project; 5. DELEGATE BY AN ABSOLUTE MAJORITY to the CHIEF EXECUTIVE OFFICER the AUTHORITY to call and award tenders for the works associated with the Wanneroo Road Streetscape Enhancement Project; 6. NOTES the following budget variations to fund the works for the Wanneroo Road Streetscape Enhancement Project: INCOME
EXPENDITURE
12/0 |
File Ref: 2037 – 11/73722 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: 2
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Moved Cr Gray, Seconded Cr Driver That Council pursuant to Clause 8.11.3.1(a) of District Planning Scheme No. 2 ADOPTS for public comment draft Local Planning Policy 3.2: Activity Centres, as contained in Attachment 1, and ADVERTISES the policy for a period of 42 days, by way of:
1. Advertisements in the local newspaper for two consecutive weeks;
2. Display on the City’s website, at the Civic Centre and at the City libraries; and
3. Letters to landowners and relevant stakeholders as determined by the Director Planning and Sustainability.
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File Ref: 2079 – 11/120591 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: 3
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Moved Cr Guise, Seconded Cr Newton That Council:- 1. Pursuant to clause 8.11.3.1(a) of District Planning Scheme No. 2 ADOPTS for public comment draft Local Planning Policy 5.3: East Wanneroo, as contained in Attachment 1, and ADVERTISES the policy for a period of 42 days, by way of: a) Advertisements in a local newspaper for two consecutive weeks; b) Display on the City’s website, at the Civic Centre and at the City libraries; and c) Letters to landowners and relevant stakeholders as determined by the Director Planning and Sustainability; 2. REQUESTS the Western Australian Planning Commission to: a) Commit resources to the proper planning of the East Wanneroo area by undertaking the initial steps in the planning process proposed under draft Local Planning Policy 5.3, including working with the City on the preparation of a strategy to prefund the undertaking of those initial steps; and b) Acknowledge the imperatives associated with enabling the early planning and development of the East Wanneroo area and commit to infrastructure planning and provision in the short term for East Wanneroo.
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File Ref: 2212 – 12/36747 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Gray, Seconded Cr Driver That Council, Pursuant to Section 6.8(1)(b) of the Local Government Act 1995, APPROVES BY ABSOLUTE MAJORITY expenditure of $64,815.45 excluding GST and including contingent sum of $3000 for installation of a 30kw (maximum capacity) solar panel system at Aquamotion with the remainder of any reserve funds to be carried over to the new financial year.
12/0 |
File Ref: 2794V05 – 12/36140 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: 1
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Moved Cr Gray, Seconded Cr Driver That Council SUPPORTS the preparation of draft State Coastal Planning Policy 2.6 and ENDORSES the comments contained in Attachment 1 as the City’s submission to the Department of Planning.
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Town Planning Schemes & Structure Plans
PS09-05/12 Proposed Amendment No. 75 to District Planning Scheme No. 2 - Rezoning of Lot 54 (144) Emerald Drive, Carabooda File Ref: 4149 – 12/1029 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: 6
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Moved Cr Gray, Seconded Cr Driver That Council:- 1. ADVISES the applicants R & J Burnett, that it is not prepared to initiate proposed Amendment No. 75 to District Planning Scheme No. 2 to rezone lot 54 (144) Emerald Drive, Carabooda from Rural Resource to Special Rural for the following reasons: a) Support for this proposal would be premature in respect to the requirement of the Future of East Wanneroo report for further detailed local planning to be undertaken for the ‘small rural lot subdivision/landscape protection area’ proposed by that report for the western parts of the Nowergup and Carabooda localities; b) Council has resolved to prepare Amendment No. 121 to District Planning Scheme No. 2 to rezone the western portions of the Nowergup and Carabooda localities to Landscape Enhancement. A Local Planning Policy is intended to be prepared to guide the preparation of a more detailed planning framework for the area, to inform preparation and consideration of more detailed planning proposals including structure plan, development and subdivision proposals. Support for this proposal prior to the preparation of the proposed broader planning framework would be premature and may prejudice the preparation of that framework in a proper manner; c) Council resolved at its meeting of 11 December 2007 (and this was reaffirmed at Council’s meeting of 5 April 2011) not to support any independent planning proposals, including rezoning proposals associated with rural small lot subdivision, which may be viewed as premature in relation to the further detailed local planning to be undertaken for the western parts of the Nowergup and Carabooda localities pursuant to the Future of East Wanneroo report. This rezoning proposal is viewed as premature in this regard; d) It would set an undesirable precedent for consideration of other similar applications which may be made prior to the preparation of the broader planning framework required for this area; 2. REQUIRES Administration to investigate the establishment of an emergency access route to link the northern ends of Emerald Drive and Safari Place, Carabooda, and to undertake consultation on the same with affected landowners, with a further report being presented to Council on a detailed proposal and funding mechanism for the route.
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File Ref: 4679 – 12/41148 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: 5
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Moved Cr Gray, Seconded Cr Driver That Council:-
1. Pursuant to Clauses 9.4.1, 9.6.1(b) and 9.6.3(c) of District Planning Scheme No. 2, RESOLVES that the South Alkimos Local Structure Plan No. 72 is satisfactory subject to the modifications required by Council at its meeting of 31 May 2011, and included in Attachment 3, being made to the satisfaction of the Director of Planning and Sustainability, and the modifications required by the Western Australian Planning Commission being made in accordance with the Administration Comments provided in Attachment 5; 2. Pursuant to Clause 9.4.1 of District Planning Scheme No. 2 WAIVES the requirement for re-advertising of the modified South Alkimos Local Structure Plan No. 72 as the modifications do not materially alter the intent of the advertised version of the South Alkimos Local Structure Plan No. 72 considered by Council at its meeting of 31 May 2011 or cause any significant detriment to land within or abutting the structure plan area; 3. Pursuant to Clause 9.6.5 of District Planning Scheme No. 2, ADOPTS the modified South Alkimos Local Structure Plan No. 72 document once modified in accordance 1. above, AUTHORISES the Mayor and Chief Executive Officer to SIGN and SEAL the document, and SUBMITS three copies of the modified Structure Plan to the Western Australian Planning Commission for its adoption and certification;
4. Pursuant to Clause 8.6.1 of the City of Wanneroo District Planning Scheme No. 2, DELEGATES BY ABSOLUTE MAJORITY to the Manager Planning Implementation, over and above those powers already contained within Clause 9.1 of the Delegated Authority Register, the power to endorse and implement all management plans and strategies as required to be implemented by the City of Wanneroo under Part 1 of the South Alkimos Local Structure Plan No. 72; and 5. ADVISES all submitters and the Western Australian Planning Commission of its decision.
Carried by absolute majority 12/0 |
PS11-05/12 Temporary Sales Office (and associated car park and access) at Lot 9504 Marmion Avenue, Tamala Park File Ref: DEV12/468 – 12/47052 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: 2
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Moved Cr Gray, Seconded Cr Driver That Council APPROVES the Development Application (DA2012/393) submitted by CLE to construct a temporary sales office, car park and access on Lot 9504 Marmion Avenue as depicted on the plans included as Attachments 1 and 2, subject to compliance with the following conditions to the satisfaction of the Manager Planning Implementation: 1. Detailed landscaping and reticulation plans, for the subject site and adjacent road verges, shall be lodged for approval by the City. Planting and installation shall be in accordance with the approved landscaping and reticulation plans and shall thereafter be maintained;
2. The design being amended to remove the proposed access between the temporary sales office car park and Neerabup Road as indicated in Attachment 1;
3. A minimum of 19 car bays shall be provided as indicated on the approved plans;
4. Parking areas, driveways and points of ingress and egress shall be designed and constructed in accordance with the Australian Standard for Offstreet Carparking (AS2890), and shall be drained, sealed and marked;
5. Where the angle of natural repose of the land cannot be maintained, retaining walls must be provided in accordance with plans that have been certified by a practicing structural engineer for approval by the City;
6. All batters shall be stabilised to specification and satisfaction of the City of Wanneroo;
7. Disabled parking bays shall be provided in accordance with the Building Code of Australia; and
8. All stormwater shall be collected and retained on site.
Carried UNANIMOUSLY |
Cr Gray declared an impartial interest in Item PS12-05/12 due to having a past occasional association with Greg Rowe & Associates in a professional capacity as a Heritage Consultant.
File Ref: DEV11/212 – 12/52500 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: 5
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Moved Cr Cvitan, Seconded Cr Steffens That Council APPROVES the application submitted by Greg Rowe and Associates for a commercial development at Lot 19 (20) Clarkson Avenue, Tapping, as depicted in Attachment 3 of this report, subject to compliance with the following conditions to the satisfaction of the Manager Planning Implementation: 1. The following design elements being amended as annotated in red on the approved plans prior to commencement of development and the development subsequently being carried out in accordance with the amended plans: a) The screening wall proposed on the southern portion of the development being increased in height to 3 metres; b) ‘Left turn only’ markings being provided on the approach to the western-most crossover; c) A ‘no entry’ sign being provided in front of the western-most crossover; d) Fencing being provided at the western and eastern ends of the southern-most landscaping strip, preventing public access to and through the landscaped area; e) Pedestrian access from the south-western corner of the lot being redesigned and incorporated into the proposed internal path network; f) The ‘fast food restaurant’ and ‘coffee’ uses being annotated as ‘drive-through food outlet’ and the ‘vet’ use being annotated as ‘veterinary consulting rooms’; 2. The existing Clarkson Avenue median strip being extended in length as depicted in red on the approved plans at the developer’s cost; 3. Walls and buildings backing onto the residential properties to the south of the development shall be constructed of masonry, concrete or other such solid material approved by the Manager Planning Implementation and shall be finished to the satisfaction of that officer; 4. The uses depicted under the approved development shall conform to their respective definitions under the City of Wanneroo District Planning Scheme No. 2. A change of use from those uses will require the approval of the City; 5. The proposed ‘telecommunications infrastructure’ depicted on the plans does not form part of this approval, as indicated in red on the approved plan; 6. Prior to commencement of development, an acoustic report shall be prepared and lodged with the City’s Health Services Unit, demonstrating the development’s compliance with the Environmental Protection (Noise Regulations) 1997.
Where the acoustic report identifies compliance deficiencies or recommends modifications to the development, such matters shall be addressed to the satisfaction of the Manager Planning Implementation prior to occupancy of the development; 7. Detailed landscaping and reticulation plans, for the subject site and adjacent road verges, shall be lodged for approval by the City when application is made for a building licence. Planting and installation shall be in accordance with the approved landscaping and reticulation plans and thereafter maintained to the City’s satisfaction; 8. A refuse management plan shall be prepared by the developer, illustrating how service vehicles will manoeuvre within the internal accessways of the development, to the satisfaction of the City’s Waste Services Unit; 9. Storage areas, plant and equipment shall be screened from view from streets, public places and adjacent properties; 10. Non-painted walls shall be treated with a non-sacrificial anti-graffiti coating upon completion of construction to the satisfaction of the City; 11. The proposed bin areas shall be enclosed and screened from their immediate surrounds and any adjacent public street or road by a wall not less than 1.8 metres high, constructed in brick, masonry or other approved material; 12. Parking areas, driveways and points of ingress and egress shall be designed and constructed in accordance with the Australian Standard for Offstreet Carparking (AS2890) and shall be drained, sealed and marked; 13. A minimum of 202 marked parking bays shall be provided on site; 14. Disabled parking bays shall be provided in accordance with the National Construction Code and designed in accordance with AS 2890.6 – 2009; 15. A minimum of one shade tree for every four parking bays shall be planted and maintained in tree wells which are protected from damage by vehicles; 16. The parking areas and associated access indicated on the approved plans shall not be used for the purpose of storage or obstructed in any way at any time, without the prior approval of the City; 17. An on-site stormwater drainage system, sufficient to contain a 1:100 year storm event (over 24 hours) must be provided. Plans illustrating the system proposed shall be submitted for approval when application is made for a building licence and the system shall be installed during the construction of the development; 18. The proposed ‘medical centre’ shall not become operational until such time as Corvus Road is fully constructed, at the cost of the developer; 19. A footpath being constructed along the Clarkson Avenue and Corvus Road frontages of the development site at the cost of the developer; 20. Where the angle of natural repose of the land cannot be maintained, retaining walls must be provided in accordance with plans that have been certified by a practicing structural engineer for approval by the City; 21. Lighting shall be installed along all driveways and pedestrian pathways prior to development first being occupied;
22. All floodlights shall be designed in accordance with the Australian Standards for the Control of Obtrusive Effects of Outdoor Lighting (AS4282) and oriented and hooded so as to eliminate the possibility of glare or annoyance to occupants of the adjoining properties and motorists on adjacent roads; 23. Relative to conditions 21 and 22, full details, plans and specifications of all proposed lighting shall be submitted to the Manager Planning Implementation for approval prior to any lighting being installed; 24. No earthworks shall encroach onto the Wanneroo Road reserve; 25. No stormwater drainage shall be discharged onto the Wanneroo Road reserve; 26. The applicant shall make good any damage to the existing verge vegetation within the Wanneroo Road reserve; 27. The ground levels on the Wanneroo Road boundary are to be maintained as existing; 28. Main Roads approval to all signage shall be obtained prior to construction/installation; and 29. This approval is valid for a period of two (2) years. If development has not significantly commenced within this time, this approval will lapse and be of no further effect. CARRIED 11/1
For the
motion: Cr Gray, Cr Cvitan, Cr Driver, Cr Guise, Cr Hewer, Cr
Mackenzie,
Against the motion: Cr Newton
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Cr Guise declared a financial interest in Item PS13-05/12 due to receiving a campaign donation from Mr Gin Ang Wah of New Orion Investments P/L and left Chambers at 8:19pm.
PS13-05/12 Development Application for Bulk Earthworks at Lot 602 (250) Yanchep Beach Road, Yanchep (DA2012/139) File Ref: DEV12/176 – 12/47675 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: 2
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Moved Cr Gray, Seconded Cr Hewer That Council APPROVES the Development Application (DA2012/139) submitted by Taylor Burrell Barnett Town Planning and Design to commence bulk earthworks at Lot 602 (250) Yanchep Beach Road, Yanchep as depicted on the plans included as Attachment 2 of this report, subject to compliance with the following conditions: 1. A Dust Management Plan shall be prepared and submitted to the City for approval prior to any works commencing on site. The plan shall be implemented thereafter to the satisfaction of the Manager, Planning Implementation. 2. All batters shall be stabilised to specification and satisfaction of the City of Wanneroo. 3. All works shall be carried out in accordance with the City’s Policy Standards and Specifications pertaining to earthworks. 4. Earthworks shall be limited to 0700 – 1700 hours Monday to Friday and 0730 – 1700 hours on Saturday. No works shall be carried out on Sundays or public holidays. 5. The proposed earthworks levels shall be designed so as to integrate with adjoining sites. 6. All stormwater shall be collected and retained on site.
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Cr Guise returned to Chambers at 8:20pm.
File Ref: 7359 – 12/44676 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: 4
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Moved Cr Treby, Seconded Cr Truong That Council SUPPORTS the preparation of the draft Western Australian Bicycle Network Plan 2012 – 2021 and ENDORSES the comments contained in Attachment 4 as the basis for the City’s submission to the Department of Transport.
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File Ref: 3077 – 12/47792 Responsible Officer: Director, City Businesses Disclosure of Interest: Nil Attachments: 1
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Moved Cr Treby, Seconded Cr Truong That Council AUTHORISES the Chief Executive Officer to sign the Service Level Agreement (1 July 2012 to 30 June 2013) with the Constable Care Child Safety Foundation (Inc.) for the delivery of the Constable Care Program to early learning centres and primary schools within the City of Wanneroo.
Carried Unanimously |
CB04-05/12 Wanneroo BMX Raceway Club Inc - Extension of Lease over portion of Lot 51 (176) Mary Street, Pearsall File Ref: 3846 – 12/49454 Responsible Officer: Director, City Businesses Disclosure of Interest: Nil Attachments: 1
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Moved Cr Treby, Seconded Cr Truong That Council:-
1. APPROVES a five (5) year extension to the ‘land only’ lease to Wanneroo BMX Raceway Club Inc, commencing 1 July 2012, over portion of Lot 51 (176) Mary Street, Pearsall; and 2. AUTHORISES the Mayor and Chief Executive Officer to sign and seal a Deed of Extension of Lease between the City and the Wanneroo BMX Raceway Club Inc.
Carried Unanimously |
CB05-05/12 Amendment to Existing Report: Aquisition of Land, Portion of Lot 51 Mary Street, Pearsall File Ref: SD145155 – 12/49556 Responsible Officer: Director, City Businesses Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Treby, Seconded Cr Truong That Council AMENDS Resolution CS06-08/11 (1) to read: “1. AUTHORISES the purchase of an additional portion of Lot 51 (176) Mary Street, Pearsall from the City of Wanneroo for $360,620 with funds provided by East Wanneroo Scheme Cell 4.”
Carried Unanimously |
File Ref: 112V03 – 12/50319 Responsible Officer: Director, City Businesses Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Mackenzie, Seconded Cr Newton That Council by ABSOLUTE MAJORITY appoint Cr Treby as a delegate for the City of Wanneroo to the Mindarie Regional Council for the Mindarie Regional Special Council meeting to be held on 6 June 2012, after which Cr Newton will resume her role as a City of Wanneroo delegate.
12/0 |
Corporate Strategy & Performance
File Ref: 1859 – 12/48143 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Hewer, Seconded Cr Mackenzie That Council RECEIVES the list of payments drawn for the month of April 2012, as summarised below:-
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File Ref: 1859 – 12/46647 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 4
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Moved Cr Hewer, Seconded Cr Mackenzie That Council RECEIVES the Financial Activity Statements and commentaries on variances to Budget for the period ended 31 March 2012, consisting of: · Annual Original and Revised Budgets, · March 2012 Year to Date Budget Estimates, · March 2012 Year to Date Income and Expenditures, · March 2012 Year to Date Material Variance Notes, and · March 2012 Year to Date Net Current Assets.
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File Ref: 4063 – 12/52723 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 1
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Moved Cr Guise, Seconded Cr Newton That Council AUTHORISES the Mayor to write to the Western Australian Local Government Advisory Board requesting that the Board consider postponing the required review pending the outcome of the local government reform process.
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File Ref: 2855V02 – 12/52868 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Hayden, Seconded Cr Hewer That Council:-
1. APPROVES a request for sponsorship in the sum of $600.00 to Fit 2 Cheer for the participation of Alisha Tripodi, Kaylena Miller, Andjela Mijajlovic and Morgan Berry in the Aussie Gold International Cheer and Dance Championships to be held at the Gold Coast Qld from 29-30 June 2012;
2. APPROVES a request for sponsorship in the sum of $600.00 to Basketball WA Under 16 Metro Mens 2012 for the participation of Shaquille Maharaj, Jayden Coburn and Logan Thwaites in the Australian Championships Under 16 2012 to be held in Tamworth NSW from 5 – 15 July 2012;
3. APPROVES a request for sponsorship in the sum of $600.00 to Wanneroo Basketball Association (Inc) for the participation of India McFarlane, Jaimi Campbell, Kate Campbell, Karla Lawrence, Nadia Denston and Zara Wallis in the U14 Girls National Club Championships to be held in Adelaide SA from 1 – 10 October 2012;
4. APPROVES a request for sponsorship in the sum of $600.00 to Judo Western Australia (Inc) for the participation of Louis Barker, Sophie Robins, Archy McDonald, Monica McDonald, Kiara Schofield and Ruan Swart in the Australian National Championships to be held in Wollongong NSW from 9 – 11 June 2012; and
5. APPROVE a request for sponsorship in the sum of $600.00 to Gymnastics WA for the participation of Breanna Wegener, Yuliya Lozovyk and Emma Duncan in the 2012 Australian Rhythmic Gymnastics Championships to be held in Sydney NSW from 22 – 31 May 2012.
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File Ref: 3166 – 12/55396 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 1
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Moved Cr Guise, Seconded Cr Newton That Council ENDORSES the draft response provided by the Chief Executive Officer to the Metropolitan Local Government Review Panel in response to the Panel’s Findings document in accordance with Attachment 1.
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Mayor Roberts declared a financial interest in Item CS12-05/12 due to the item dealing with the provision of a motor vehicle for her use and left Chambers at 8:36pm. Deputy Mayor Gray assumed the Chair.
File Ref: 6656 – 12/55602 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 1
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Moved Cr Treby, Seconded Cr Hayden That Council ENDORSE the Agreement shown at Attachment 1 which provides that the position of Mayor shall, for the purposes of carrying out the functions of the Mayoral Office be entitled to receive the provision of a fully maintained local government owned vehicle subject to the conditions detailed in the Agreement and AUTHORISE the Chief Executive Officer to execute the Agreement on behalf of the Council.
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Mayor Roberts returned to Chambers at 8:37pm.
File Ref: 5753 – 12/48981 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 1
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Moved Cr Cvitan, Seconded Cr Steffens That Council ADOPTS the Software Asset Management Policy as shown in Attachment 1.
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File Ref: 4197 – 12/57281 Author: Cr Rudi Steffens Action Officer: Director, City Businesses Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Steffens, Seconded Cr Driver That Council:- 1. APPROVES the night time closure/locking of the public toilet facility located at Rosslare Park, Rosslare Promenade Mindarie and NOTES the public toilets will be closed/locked by Rangers/Community Safety Patrol Officers between the hours of 8pm and 5am during winter months, and 9pm and 5am during summer months; 2. NOTES signs will be displayed at the public toilet facility located at Rosslare Park advising users that the facility will be locked at night time; and 3. NOTES the actual time the public toilets located at Rosslare Park are closed/locked on a daily basis may vary due to competing operational priorities.
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Urgent business items UB01-05/12 Yanchep Active Open Space – Agreement to Address Costs and Responsibilities and UB02-05/12 Removal of Fishing Platform – Alexandria View, Mindarie, were accepted and Item UB01-05/12 was dealt with during the confidential session.
File Ref: 1614 – 12/6502 Responsible Officer: Director, Infrastructure Disclosure of Interest: Nil Attachments: 1 Issue To consider the Chief Executive Officer’s decision to remove the existing fishing platform located off Alexandria View, Mindarie.
Background A fishing platform was constructed over 10 years ago off Alexandria View, Mindarie and has been very well used facility for recreational fishing. The City has been responsible for the maintenance of this facility over this period.
Inspections undertaken after the severe storms earlier in May 2012 indicated that the platform structure was no longer level due to significant settlement of the seawall supporting the structure footings. The City considered that the fishing platform was no longer safe for public use. A decision was made to close access to the fishing platform and a structural engineering consultant was commissioned to assess the structural integrity of the structure.
Based on the recommendations made by the structural engineering report, a decision was made by the Chief Executive Officer to remove the fishing platform.
This report considers the details of the structural engineering report and the decision to remove the fishing platform off Alexandria View, Mindarie. Detail The fishing platform is located off Alexandria View, Mindarie (Refer Attachment 1). It is situated on the seawall adjacent to the Indian Ocean approximately 12m north of the intersection of Shoreham Turn and Alexandria View within the South Breakwater Reserve. Records indicate that the fishing platform has been in place for over 10 years.
Following a request from local fishermen in 2004 to relocate the structure, the City contacted the then Department of Planning and Infrastructure for advice and was advised that the platform was unlicensed. Consequently, pursuant to Section 7 of the Jetties Act 1926, the City obtained a licence on 15 December 2005. This licence has been renewed annually ever since.
Over the years, the City has carried out minor maintenance on the structure including sign replacement, repairs to the mesh fencing around the platform and repairs to the access path. It has been observed that minor settlement of the structure has occurred over this period.
Immediately after the severe storms earlier in May 2012, it was observed that the platform was no longer level and significant settlement had occurred to the structure and access path. In view of the potential safety implications a decision was made on 14 May 2012 to temporarily close access to the structure pending assessment from a Marine Structural Engineer. GHD Pty Ltd. was commissioned to conduct an inspection and prepare a report on the structural integrity of the fishing platform. The structural engineering report findings are summarised as follows:
· The foundations of the platform are located directly on the rock elements of the seawall · The abutment appears to have settled quite noticeably and the footing on the south west corner has settled slightly. This has resulted in the platform sloping mainly down towards the road and gently to the south · There is some minor corrosion to the steel elements and some of the fixings · At the top of the seawall, some of the crushed limestone used as a fill has been washed down through the gaps between the rock elements of the seawall · It appears that there has been movement of the rock elements of the seawall most likely during the significant swell events.
The structural engineering report makes the following recommendations:
“The fishing platform in its current state is not suitable for public access and should remain closed until remedial actions can be taken to reinstate its structural integrity. Possible options for this are:
· Re-level the deck and install larger, more suitable footings under the western legs · Remove the platform entirely then design and construct a more suitable structure.
· The council should consider the need for the platform and the expected public usage. If the platform is not required then removal may be an option. · A more detailed investigation into the design of this sea wall which acts to stabilise the foundation of Alexandria View Rd should be assessed in more detail.
There may be long term implications of the movement seen in the rock elements as well as the settlement and wash out of the crushed limestone at the top of the wall.”
The recommendations made in the structural engineering report clearly confirm that the structure is not suitable for public access and should remain closed until remedial actions can ensure its structural integrity.
In view of the recommendations made in the structural engineering report, the Chief Executive Officer made a decision to remove the unsafe fishing platform and arrangements have been made to engage a suitable contractor to undertake the removal works. A sign will be installed at the site to inform the community of the reason for the removal of the fishing platform.
Before the reinstatement of the fishing platform can be considered, a comprehensive coastal engineering assessment would be required to determine if the location is suitable for the reinstatement of the fishing platform or what reinstatement works need to be undertaken to strengthen the seawall before the reinstatement of the fishing platform can be considered. In addition, it is considered that the City needs to prepare a comprehensive seawall maintenance management plan to ensure ongoing inspections and timely remedial works as and when required. It is proposed to prepare a brief and engage professional coastal engineering consultants to undertake the required assessment and prepare the maintenance management plan. At this stage this is not included in the Draft 2012/13 Budget and a further report will be presented to Council by December 2012 detailing the scope of the consultants brief and funding required for this purpose. Consultation Structural engineering advice has been obtained from GHD Pty Ltd. Comment The Mindarie Fishing Platform is a popular location for recreational fishing. The City has an obligation to ensure that users of this structure are not put at risk.
The ongoing temporary closure was not providing adequate protection as there have been reports of users climbing the rocks to gain access onto the platform and through the fence installed to block the access to the fishing platform.
Due to the identified safety concerns of the platform’s structural integrity and stability, it was considered that the temporary closure of the fishing platform didn’t eliminate the risk to the public and that removal of the platform was the only option to ensure public safety. The decision to remove the fishing platform is therefore considered appropriate due to the safety risks presented to the users.
It is evident that the reinstatement of the fishing platform would be demanded by the community and the proposal to undertake a comprehensive coastal engineering assessment including a maintenance management plan would provide further information to address this matter.
Statutory Compliance Nil Strategic Implications The proposal accords with the following Outcome Objective of the City’s Strategic Plan 2006 – 2021: “2 Social 2.4 Improve community safety” Policy Implications Nil Financial Implications Cost ($2,000) of the structural engineering report prepared by GHD Pty Ltd, has been expended from the current year’s Engineering Maintenance Operating Budget. Costs associated with the removal of the fishing platform and the sign proposed to be installed on site will also be funded from the current year’s Engineering Maintenance Operating Budget.
At this stage the exact cost to prepare a comprehensive coastal engineering assessment including a maintenance management plan is not known. This will be addressed in a further report to Council as noted in the detail section of this report.
Costs associated with the remedial works, ongoing maintenance management of the seawall and the reinstatement of the fishing platform, if recommended and supported will only be known once the comprehensive coastal engineering assessment including a maintenance management plan is prepared identifying the cost of the resulting works. Voting Requirements Simple Majority
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Moved Cr Steffens, Seconded Cr Driver
That Council:-
1. RATIFIES the decision of the Chief Executive Officer to remove the fishing platform from the seawall adjoining Alexandria View, Mindarie due to the safety risk to the public. 2. NOTES that Administration will investigate the requirement for a fishing platform and appropriate design criteria and locations and report back to Council for budgetary consideration. 3. NOTES that a further report will be presented on the responsibility for improvements to the seawall and the development of a Maintenance Management Plan. 4. NOTES that a sign will be installed on site advising the public of the reason for the removal of the fishing platform; and 5. WRITES to the Department of Transport to advise them of the removal of this structure. CARRIED UNANIMOUSLY |
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Location Details - Fishing Platform Alexandria View, Mindarie |
12/60519 |
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Alexandria View Location of Fishing Platform – refer detail
Fishing Platform
Item 11 Confidential was dealt with, by resolution, immediately following Item IN01-05/12.
The next Councillors’ Briefing Session has been scheduled for 6:00pm on 19 June 2012, to be held at the Civic Centre, Dundebar Road, Wanneroo
There being no further business, Mayor Roberts closed the meeting at 8:49pm.
In Attendance
TRACEY ROBERTS, JP Mayor
Councillors:
DOT NEWTON, JP Central Ward
DIANNE GUISE Central Ward
FRANK CVITAN, JP Central Ward
RUDI STEFFENS Coastal Ward
RUSSELL DRIVER Coastal Ward
NORMAN HEWER North Ward
LAURA GRAY, JP North Ward
BRETT TREBY South Ward (arrived 7:45pm)
ANH TRUONG South Ward
STUART MACKENZIE South Ward
DENIS HAYDEN South Ward