Minutes
Unconfirmed
Ordinary Council Meeting
7.00pm, 30 April, 2013
Civic Centre,
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 30 April, 2013
CONTENTS
Item 2 Apologies and Leave of Absence
PQ02-04/13 Mrs S Winton, Gibbs Road, Nowergup
PQ03-04/13 Ms H Randall, Lindholm Retreat, Mindarie
PQ04-04/13 Ms S Lafferty, Halwest Way, Alexander Heights
PQ05-04/13 Ms M Grierson, Halwest Way, Alexander Heights
PQ06-04/13 Mr J Forlani, Shillington Way, Wanneroo
Item 4 Confirmation of Minutes
OC02-04/13 Minutes of Ordinary Council Meeting held on 2 April 2013
SC01-04/13 Minutes of Special Council Meeting held on 10 April 2013
Item 5 Announcements by the Mayor without Discussion
Item 6 Questions from Elected Members
CQ02-04/13 Cr Guise - London Plane Trees
PT02-04/13 Removal of London Plane street trees, Nankeen Circle, Tapping
PT03-04/13 Request Bus Shelter, Land Beach Boulevard, Butler
PT04-04/13 Request Closure of Laneway between The Avenue and Feathertop Rise, Alexander Heights
PT05-04/13 Request to Extend Northern Boundary of Yanchep Beach Dog Exercise Area by 250 Metres
PT06-04/13 Opposed to Modification of Charnwood Park, Two Rocks
PT01-04/13 Proposed Fenced Dog Exercise Area – Sheffield Park, Wanneroo
Town Planning Schemes & Structure Plans
PS06-04/13 Adoption of Amendment No. 102 to District Planning Scheme No. 2 - East Wanneroo Cell 9
PS07-04/13 Final adoption of East Wanneroo Cell 9 - East Landsdale Local Structure Plan No. 57
PS10-04/13 Vehicle Turning Movements from Kakadu Road onto Yanchep Beach Road, Yanchep
CB07-04/13 Application to Establish an Offensive Trade - Lot 15 (275) Carabooda Road, Carabooda
CB08-04/13 Application to Keep More Than Two Dogs
CB10-04/13 Withdrawal of Interest to Develop Lot 5483 (41) Park Lane, Alexander Heights
IN07-04/13 Broadview Park Gazebo, Viewing Platform and Footpath - Detailed Design
IN08-04/13 Parking Prohibitions - East Butler Primary School, Butler
CD03-04/13 Community Funding March Round 2013 Applications
Corporate Strategy & Performance
CS04-04/13 Warrant of Payments for the Period to 31 March 2013
CS05-04/13 Financial Activity Statement for the Period Ended 31 March 2013
CS06-04/13 Change Valuation of Land Method
CS07-04/13 Donations to be Considered by Council - April 2013
CS08-04/13 Delegated Authority Register Review
MN04-04/13 Cr Ian Goodenough – Parking Restrictions in the area of the Clarkson Train Station
CR04-04/13 Proposed Lease of Wanneroo Aquamotion Kiosk
Please refer to agenda for details of full reports and attachments.
TRACEY ROBERTS, JP Mayor
Councillors:
DOT NEWTON, JP Central Ward
DIANNE GUISE Central Ward
FRANK CVITAN Central Ward
RUDI STEFFENS Coastal Ward
IAN GOODENOUGH, JP Coastal Ward
RUSSELL DRIVER Coastal Ward
NORMAN HEWER North Ward
LAURA GRAY, JP North Ward
ANH TRUONG South Ward
BRETT TREBY South Ward
STUART MACKENZIE South Ward
DENIS HAYDEN South Ward
Officers:
DENNIS BLAIR A/Chief Executive Officer
LEN KOSOVA Director, Planning and Sustainability
KAREN CAPLE Director, City Businesses
ROB KORENHOF A/Director, Infrastructure
FIONA BENTLEY Director, Community Development
JOHN PATON Director, Corporate Strategy & Performance
MIKE BARRY Manager Executive Services
MICHAEL PENSON Manager Property Services
ROBERT FIGG Manager Communication & Events
KAREN BROWNE City Lawyer
ROBYN TILKA Minute Officer
Item 2 Apologies and Leave of Absence
Moved Cr Goodenough, Seconded Cr Cvitan
That Council GRANT Cr Steffens a leave of absence for the period from 22 May 2013 to 10 June 2013 inclusive.
CARRIED UNANIMOUSLY
There were 27 registered members of the public and three members of the press in attendance.
Mayor Roberts declared the meeting open at 7.00pm.
Questions received in writing
"I would like to ask a number of questions in relation to responses to motions put by me at the Annual Electors Meeting of 2012.
In relation to the City establishing an extractive industry inventory, it was noted by Council in its meeting of February 2012, "that the City is currently undertaking to provide the Extractive Industry Inventory to the Western Australian Planning Commission and if no privacy reasons this information is available to the public."
I have been asking the City to establish an inventory for over four years. Furthermore motions from the public at the last two Annual Electors Meetings have requested such an inventory.
Q1. When will an Extractive Industry Inventory be available to the public?
Q2. Will it include the information requested at these Annual Electors meetings such as:
a) when mining began
b) when stopped
c) dates of approval
d) rehabilitation required/rehabilitation not included
e) operating hours
f) operations approved
g) quantities proposed to be mined
Q3. Could the City provide an update on the work it has completed to date on an Inventory.
In relation to WA Limestone's proposal for a limestone quarry and hatching plant the City has previously confirmed that the proponent's planning approval has lapsed in February, 2013.
Q4. Has WA Limestone contacted the City to request that this application be reinstated or has it sought to make a new application?
Q5. If so when?
Q6. If so when will the public be provided an opportunity to make public comment?
Previously requests have been made to release the Administration Report to Council in relation to matter no: C CR01-02/11SAT Matter DR 439 of 2009 WA Limestone: Proposed Extractive Industry: Lot 1 (2350) Wanneroo Rd, Nowergup, for public viewing.
The response at Council Meeting, 6th February, 2013 was that, "it would be premature and prejudicial at this stage for Council to consider releasing its confidential reports."
Q7. Given that planning approval has lapsed, will Administration now release its reports on the matter?
Q8. If not, why not?
Q9. What does the Administration response made previously in relation to premature and prejudicial actually mean?
In relation to Lime Industries proposal for a limestone quarry and mining driver training school Administration has previously stated that it anticipated that the application would be presented to Council for its determination in February or March 2013.
Q10. Why has there been a delay?
Q11. Given that nearly 200 submissions were received by the City on this application, could the Administration provide an update of this application and when the matter is likely to go before Council for consideration?
Q12. Has the City of Wanneroo finished assessing Lime Industries application for a lime manufacturing facility to be developed at Lot 552 Callaway St, Wangara as described in its November Council Meeting?
Q13. Could the City please provide an update of that proposal?
Previously Administration has informed Council that WA Limestone had requested a landswap from the City of Wanneroo. At the Council meeting of February 6th, 2013 Administration stated that "The City has sought further information and clarification on the proposal from WA Limestone in negotiating a land swap. Upon reviewing the response once submitted a report will be presented to Council:
Q14. On what date did WA Limestone originally request a landswap.
Q15. On what date did the City of Wanneroo correspond to WA Limestone seeking further information and clarification as described above?
Q16. Has the City of Wanneroo received a response to actions in Q15?
Q17. When will the City provide an update to Council by way of submitting a report on the landswap option to Council?"
Response by Mayor Roberts
Taken on notice.
Response by Director Planning and Sustainability
1. The Extractive Industry Inventory was provided to the Western Australian Planning Commission (WAPC) in January 2013 and can be provided to interested persons on request. A copy will be provided to Mrs Winton.
2. The Extractive Industry Inventory contains the information that was requested by the WAPC, such as:
· The location of quarries on private land zoned under DPS 2;
· The owners and operators of the quarries tabled;
· The material excavated (limestone or sand);
· Information on the local planning approval dates and expiry;
· Information on the Extractive Industry Licence dates and expiry; and
· Observations on operations.
3. Administration provided the Inventory to the WAPC in a letter dated 30 January 2013.
4. In March 2013, correspondence was received from WA Limestone requesting an extension of time of the previous planning approval, for a further 12 months. Administration has not yet provided a response, although an extension of time cannot be granted to an expired approval. WA Limestone will now be advised of that fact.
5. Refer response to question 4.
6. The request from WA Limestone has not and will not be advertised for public comment. Administration's previous response to not releasing confidential report CR01-02/11 remains valid and is therefore unchanged.
7. Refer response to question 6.
8. The reason previously stated and contained in question 6 remains unchanged. It is open to WA Limestone to apply for a further planning approval and releasing the previous confidential report(s) could compromise Council's position and decision on any new application.
9. Refer response to question 8.
10. Following advertising, Administration requested further information from the applicant so it could complete its assessment of the application. Rather than responding to Administration's request, the applicant pursued its 'deemed refusal' rights pursuant to Clause 6.5 of the City's District Planning Scheme No. 2, and lodged an appeal with the State Administrative Tribunal (SAT). The application is now before the SAT for mediation and will be presented to Council (as a Confidential Item) for its determination in the coming months.
11. Refer response to question 10. Administration will notify submitters of the reasons for the delay.
12. Administration approved a proposal for the lime manufacturing facility at Lot 552 Callaway St, Wangara on 26 October 2012. In Administration's response to Mrs Winton's question h) included in the 13 November 2012 Council Minutes, it was erroneously stated that the application was being assessed at that time. Administration apologises for any confusion this may have caused.
13. Refer response to question 12.
Response by Director City Businesses
14. WA Limestone originally proposed a land swap in a letter dated 13 June 2012 to the Chief Executive Officer dated 13 June 2012.
15. The City's Director Planning and Sustainability wrote to WA Limestone on 28 September 2012 acknowledging receipt of WA Limestone's letter and suggesting a response will be sent after the conclusion of the assessment of the proposal. The City's Director Planning and Sustainability then responded to the proposal on 8 January 2013 seeking further clarification/information relating to the proposal as there were some inconsistencies relating to land parcel descriptions and sizes, limestone extraction and offset details.
16. WA Limestone responded to the City's letter on 4 February 2013 providing further information as requested.
17. It is proposed to present a Report to Council for consideration at the 25 June 2013 Council meeting.
Claytons Beach Mindarie, Signage
"1. What has the City of Wanneroo apart from putting up a few temporary signs, immediately after the second death at Claytons beach Mindarie, done to prevent any further fatalities at this Beach?
2. The City of Wanneroo after these two drowning (Jenon Bitwon a 14 year old boy African boy and an English tourist) put up temporary signs at Clayton beach Mindarie, does the council believe that the signs are adequate in warning the community that this is beach is dangerous to swim in and the risk of death is higher than other beaches in the area?
3. Is the city of Wanneroo aware that there is a petition going around both online and hard copies to ask the City to develop a beach policy that identify swimming and non swimming beaches that belong to the City of Wanneroo?
4. Once the petition is presented to the city will they urgently put a policy in place to prevent further loss of lives?
Local Sign Policy Review
1. In the February council meeting it was stated that the review of the local sign policy presented to council in 2013. Could administration please provide me with an update as to if this will be completed by 2013?
Harbourside Village, Illegal Signage
1. In October I asked the question about the illegal signs at Harbourside village in Mindarie which Mirvac Fini have had up, since 2002. I am wanting to know what action has the city taken in relation to this matter?
2. I have also been informed that the developer is seeking retrospective approval. If yes, on what date and what is a reasonable length of time for the city to consider an application for this type of signage?"
Response by Mayor Roberts
Taken on notice.
Response by Director Community Development
Claytons Beach Mindarie, Signage
1. In consultation with Surf Life Saving WA, a detailed site inspection was undertaken of the signage at Clayton's Beach which resulted in additional safety signage being put into place at both access points to the beach. These signs were installed on 22nd March 2013 as an interim measure while a Coastal Risk and Safety Signage Audit of Clayton's Beach is completed. This audit is currently being undertaken by Surf Life Saving WA and will also include an audit of safety signage in place at the balance of the City's main beaches. The City will arrange to install further signage and consider other appropriate infrastructure at Clayton's Beach as per the recommendations of the audit. The City will also consider any recommended changes to beach management practices as a result of the audit process.
2. The additional signage was put in place in consultation with and based on the preliminary recommendations of Surf Life Saving WA, who are recognised as the industry leader in this regard. As noted above, this signage will be reviewed and upgraded subject to the recommendations of the audit.
3. No.
4. Once considered by Council, the petition and its recommendations will be included in the audit process.
Response by Director Planning and Sustainability
Local Sign Policy Review
1. The review of the local sign policy is currently underway and it is still anticipated that a draft policy will be referred to Council for consideration during the second half of 2013.
Harbourside Village, Illegal Signage
1. Following the City's investigation and subsequent correspondence with the owners and managing agents of the property, the owners of Harbourside Village have lodged a Development Application seeking retrospective approval for the signage which is currently being assessed by the City.
Whilst the application is being considered, it is the practice of the City not to take any enforcement action until the application is determined and then action may be initiated as necessary.
2. A Development Application seeking retrospective approval for the signage was submitted with the City on 8 April 2013. The application is, however, incomplete and the City is awaiting further details to be submitted. Once submitted, the City has a statutory timeframe of 60 days in which to determine an application.
Questions received at the meeting
Lot 5483 (41) Park Lane, Alexander Heights
Thanked the councillors that supported the community on this issue, however queried why ratepayers and residents of Alexander Heights received no support from the South Ward councillors and were left to their our own devices to fight for the park for over 15 months.
Response by Mayor Roberts
Advised that councillors do support their wards. Question taken on notice.
Response by Director Corporate Strategy & Performance
Councillors are required to perform their role as councillors as in the Local Government Act 1995, Section 2.10(a) "represents the interests of electors, ratepayers and residents of the district;" and 2.10(c) "performs such other functions as are given to a councillor by this Act or any other written law".
Lot 5483 (41) Park Lane, Alexander Heights
1. Concerned at an article in the Wanneroo Times with regard to Lot 5483 and wondered how a letter sent to the Mayor was given to the press when it had not been made public. Queried why are the people of Alexander Heights being targeted in this manner as their rates go towards supporting this community newspaper group?
Response by Mayor Roberts
The correspondence received was not forwarded to community newspaper by the Mayor's office. The City has no control over what the community newspapers and suggested that Mrs Grierson contact them direct.
2. Queried why a defamatory letter was included in the Council Briefing Agenda and one person has already mentioned that they are seeking legal support on this?
Response by Mayor Roberts
Taken on notice.
Response by Director City Businesses
The City included a copy of the letter from The Vietnamese Community of Western Australia Chapter, noting their withdrawal from the proposed development, as this is usual practise in presenting comprehensive Reports to Council, for their consideration.
Land Use Permissibility on 'Special Rural' lots
Stated there were a number of 2.5 acre special rural properties in this area with people living there for the lifestyle however felt there is some ambiguity as to what is allowed in these areas. Queried if it would it is possible for such issues to be made clearer as there is a lot of misunderstanding about what is legal?
Response by Mayor Roberts
Taken on notice.
Response by Director Planning and Sustainability
The land use permissibility on 'Special Rural' lots is in accordance with Table 1 of District Planning Scheme No. 2 (DPS 2). Landowners are welcome to contact Planning Implementation to discuss any proposed use of their land, to determine whether such use is permissible.
Item 4 Confirmation of Minutes
Item 5 Announcements by the Mayor without Discussion
Nil
Item 6 Questions from Elected Members
Cr Guise presented a petition of 29 signatures requesting removal of the London Plane street trees outside homes on Nankeen Circle Tapping due to the invasive root systems and replacing with smaller street trees.
The petition to be forwarded to the Infrastructure directorate for action. |
Cr Steffens presented a petition of 28 signatures requesting a bus shelter to be erected on Land Beach Boulevard, Butler outside house number 98.
The petition to be forwarded to the Infrastructure directorate for action. |
Cr Mackenzie presented a petition of 6 signatures requesting the closure of the laneway between The Avenue and Feathertop Rise, Alexander Heights to prevent it use for anti-social and criminal behaviours.
The petition to be forwarded to the Planning and Sustainability directorate for action. |
Cr Hewer presented a petition of 500 signatures requesting the extending of the northern boundary of the Yanchep Beach dog exercise by 250 metres.
The petition to be forwarded to the Planning and Sustainability directorate for action. |
Cr Gray presented a petition of 479 signatures opposing the modification of Charnwood Park, Two Rocks, into a sports field and requesting the recommencement of negotiations with the joint developer to have two ovals in Yanchep.
The petition to be forwarded to the Planning and Sustainability directorate for action. |
Moved Cr Newton, Seconded Cr Guise
That the petitions be received and forwarded to the relevant Directorates for action.
Carried Unanimously
Cr Newton presented a petition of 117 signatures opposing the installation of a fenced dog exercise area in Sheffield Park, Wanneroo.
UPDATE
Council has allocated $21,700 in the 2012/13 Capital Budget for the construction of this facility. Officers will prepare a report for consideration of the petition that will be presented to Council in May 2013.
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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.
Mayor Roberts declared an impartial interest in Item CD03-04/13 due to being an affiliate member of RSL, Quinns Beach Primary School Council and Rotary Club of Mindarie.
Cr Goodenough declared an impartial interest in CD03-04/13 due to being an affiliate member of Quinns Rocks RSL Sub-branch.
Cr Newton declared an impartial interest in CD03-04/13 due to being a member of the Wanneroo Residents Association and coordinator of the Carols by Candlelight.
Cr Mackenzie declared an impartial interest in Item CD03-04/13 due to being the chairperson of KRATAG a group applying for funding in this round.
Cr Gray declared an impartial interest in CS07-04/13 due to being a member of the Yanchep Districts Football Club.
Town Planning Schemes & Structure Plans
File Ref: 2452 – 13/5522 Responsible Officer: Director, City Businesses Disclosure of Interest: Nil Attachments: Nil
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Administration amendment was made to recommendation 2(p) That Council:-
1. APPROVES the Application to Establish an Offensive Trade – Egg Production at Lot 15 (275) Carabooda Road Carabooda; and
2. ISSUES a Certificate of Registration renewable each financial year subject to the payment of the prescribed registration fee as required by the City's Health Local Law 1999, and compliance with the following conditions:
a) Facility to comply with the Environmental Code of Practice for Poultry Farms and the Code of Practice For Poultry except in respect to the existing separation distances;
b) Water systems for cooling and drinking are to be maintained in good working order at all times and not wet poultry litter;
c) Rain and stormwater is to be prevented from entering the chicken sheds;
d) All amenity complaints are to be reported to the City as soon as they are received;
e) Rodent bait stations to be provided to the facility at a frequency appropriate to control rodents and re-baited on a regular basis;
f) Manure is to be removed from chicken sheds on a regular basis and removed from the property. In caged systems, manure should be removed from belt-cleaned sheds on a weekly basis and in conventional caged systems two or three times per year;
g) Where litter/manure is required to be stored temporarily, it is to be contained in a weather-proof compound on a hard-stand area until it can be removed from the farm. Should stored manure become a nuisance to neighbouring properties it is to be removed as directed by the City;
h) Manure is to be removed to a facility licensed to accept raw poultry manure or other sites allowed under the Health (Poultry Manure) Regulations 2001;
i) Wash-down water to be directed to a sump or depression and managed in a way that prevents the production of odours and breeding of flies;
j) Dead birds are to be removed from the property on a regular basis to an approved licensed facility. If birds are not picked up on a daily basis they are to be stored in a coolroom until removed from site;
k) Broken or unwanted eggs are to be stored in bins able to be sealed against flies and vermin and removed from site to an approved licensed facility before becoming offensive;
l) The owner/operator is to ensure that the presence of flies in and around the facility is minimised through the use of fly eradication methods. Appropriate equipment and chemicals shall be located at the facility at all times in order to take such action;
m) Facility is to be managed in such a way so as to minimise dust generation and contain odours within the lot boundaries and away from odour sensitive premises;
n) Property is to be kept clean and tidy and all rubbish is to be removed from the property to a licensed facility; o) Facility must comply with the Environmental Protection (Noise) Regulations 1997; and p) The
number of chickens capable of being housed in the current chicken sheds on
the property is limited to the stocking densities stipulated in the Code of
Practice for Poultry PROCEDURAL MOTION Moved Cr Treby, Seconded Cr Mackenzie That the item be referred back to Administration for further review relating to the Environmental Code of Practice for Poultry Farms and Code of Practice for Poultry. CARRIED UNANIMOUSLY |
Property
Mayor Roberts declared an impartial interest in Item CD03-04/13 due to being an affiliate member of RSL, Quinns Beach Primary School Council and Rotary Club of Mindarie.
Cr Goodenough declared an impartial interest in CD03-04/13 due to being an affiliate member of Quinns Rocks RSL Sub-branch.
Cr Newton declared an impartial interest in CD03-04/13 due to being a member of the Wanneroo Residents Association and coordinator of the Carols by Candlelight.
Cr Mackenzie declared an impartial interest in Item CD03-04/13 due to being the chairperson of KRATAG a group applying for funding in this round.
Corporate Strategy & Performance
File Ref: 5509 – 13/47211 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 4
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Moved Cr Gray, Seconded Cr Driver That Council RECEIVES the Financial Activity Statements and commentaries on variances to Year to Date Revised Budget for the period ended 31 March 2013, consisting of: · Annual Original and Revised Budgets, · March 2013 Year to Date Revised Budget, · March 2013 Year to Date Income and Expenditures, · March 2013 Year to Date Material Variance Notes, and · March 2013 Year to Date Net Current Assets.
Carried Unanimously |
CS06-04/13 Change Valuation of Land Method File Ref: 2095V02 – 13/46882 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 58
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Moved Cr Gray, Seconded Cr Driver That Council:-
1. NOTES the change in the predominant use of: a) Lots 1-24 SP60209 Hoypoy Gardens, Darch as detailed in Attachment 1; b) Lots 1-2 SP60249 Borale Retreat, Darch as detailed in Attachment 2; c) Lots 1-39 SS62783 Kingsway, Darch as detailed in Attachment 3; d) Lots 394-397, 9006 & 9007 DP62808 Marmion Avenue, Yanchep as detailed in Attachment 4; e) Lots 1-8 SP62820 Popolo Place, Pearsall as detailed in Attachment 5; f) Lots 1-3 SP64429 Shiraz Boulevard, Pearsall as detailed in Attachment 6; g) Lots 1-5 SP64430 Shiraz Boulevard, Pearsall as detailed in Attachment 7; h) Lots 1-6 SP64431 Shiraz Boulevard, Pearsall as detailed in Attachment 8; i) Lots 1-8 SP64432 Shiraz Boulevard, Pearsall as detailed in Attachment 9; j) Lots 1-3 SP65165 Hoypoy Gardens, Darch as detailed in Attachment 10; k) Lot 49 P8649 Gnangara Road, Landsdale, Lots 154-156 D65530 Alexander Drive, Landsdale as detailed in Attachment 11; l) Lots 1-14 and 16-27 DP66362 Hoypoy Gardens, Darch as detailed in Attachment 12; m) Lots 462-463, 477-492, 503-504, 525-528, 561-567, 589-590, 9004-9006 DP70420 Vincent Road, Sinagra as detailed in Attachment 13; n) Lots 299-308, 352-354 and 9102 DP71047 Kemp Street, Pearsall as detailed in Attachment 14; o) Lots 384-394, 453-456, 745-788, 820-827 & 849 DP71161 Paymaster Way, Alkimos as detailed in Attachment 15; p) Lot 700 DP71507 Pinjar Road, Sinagra as detailed in Attachment 16; q) Lots 434-511, 532-536 DP71798 Queensway Road, Landsdale as detailed in Attachment 17; r) Lots 512-531 DP71799 Biltmore Street, Landsdale as detailed in Attachment 18; s) Lots 202-208, 210-221, 223-236 & 3001 DP72117 Hardcastle Avenue, Landsdale as detailed in Attachment 19; t) Lots 348-352 & 9203 DP72512 Distinction Road, Wangara as detailed in Attachment 20; u) Lots 344-347 DP72515 Distinction Road, Wangara as detailed in Attachment 21; v) Lots 21-44, 47-50 and 9010 DP72524 Cabernet Loop, Pearsall as detailed in Attachment 22; w) Lots 160-164, 179, 180, 203-208 & 9006 DP72611 Goundrey Drive, Pearsall as detailed in Attachment 23; x) Lots 76-110, 113-122, 321 DP73081 Leeward Avenue, Eglinton as detailed in Attachment 24; y) Lots 691, 803-852 DP73295 Zappeion Entrance, Landsdale as detailed in Attachment 25; z) Lots 701-705 DP73319 Franklin Road, Wanneroo as detailed in Attachment 26; aa) Lot 9005 DP73322 Lenore Road, Wanneroo as detailed in Attachment 27; ab) Lot 9004 DP73323 Mary Street, Wanneroo as detailed in Attachment 28; ac) Lots 600 and 601 DP73328 Gnangara Road, Wangara as detailed in Attachment 29; ad) Lots 89-94, 136-147, 182 and 195-199 DP73462 Nomad Drive, Clarkson as detailed in Attachment 30; ae) Lots 1, 83-88 & 131-135 DP73463 Sloman Lane, Clarkson as detailed in Attachment 31; af) Lots 151-153, 155-157, 161-167, 193-194 & 216-224 DP73464 Nomad Drive, Clarkson as detailed in Attachment 32; ag) Lots 115-121, 168-174 DP73465 Aviator Boulevard, Clarkson as detailed in Attachment 33; ah) Lots 28-36, 48-63 DP73482 Marmion Avenue, Eglinton as detailed in Attachment 34; ai) Lots 98-105 DP73499 McAllister Boulevard, Clarkson as detailed in Attachment 35; aj) Lots 102-122 DP73506 Shiraz Boulevard, Pearsall as detailed in Attachment 36; ak) Lots 405-434, 436-456 DP73593 Raeside Drive, Landsdale as detailed in Attachment 37; al) Lots 1023-1028 and 9000 DP73700 Helmingham Road, Landsdale as detailed in Attachment 38; am) Lots 1335-1343, 1345-1348, 1359-1360 DP73835 Redheart Road, as detailed in Attachment 39; an) Lots 148-153 DP74030 Ochre Street, Eglinton as detailed in Attachment 40; ao) Lots 1-21, 30-32, 40-51, 59, 235-238 and 9000 DP74078 Yanchep Beach Road, Yanchep as detailed in Attachment 41; ap) Lots 820-822, 861-864, 885-912 DP74188 Huntington Parkway, Landsdale as detailed in Attachment 42; aq) Lots 250-264 DP74239 Hardcastle Avenue, Landsdale as detailed in Attachment 43; ar) Lots 1344, 1349-1355, 1357, 1358, 1361-1372, 2000-2002 DP74286 Redheart Road, Carramar as per Attachment 44; as) Lots 2-26, 65-82 DP74302 Elsbury Approach, Clarkson as detailed in Attachment 45; at) Lot 109 DP74541 Gnangara Road, Wangara as detailed in Attachment 46; au) Lots 111-112, 123-129, 133-136, 154-160, 164-168, 213, 320 DP74647 Bronze Street, Eglinton as detailed in Attachment 47; av) Lots 18-21, 27, 64-75 DP74648 Cinnabar Drive, Eglinton as detailed in Attachment 48; aw) Lots 913-914, 930-936, 944-956, 966-967, 1014 DP74727 Malmaison Way, Landsdale as detailed in Attachment 49; ax) Lots 196-201, 9008 DP75049 Goundrey Drive, Pearsall as detailed in Attachment 50; ay) Lots 181-185 DP75050 Goundrey Drive, Pearsall as detailed in Attachment 51; az) Lots 807, 808, 824-830, 837-859, 866-883, 9004 DP75544 Queensway Road, Landsdale as detailed in Attachment 52; aaa) Lots 1376-1379, 1383-1386, 2069-2076, 2082-2085, 9146, 9147 DP75715 Redheart Road, Carramar as detailed in Attachment 53; aab) Lots 236-264, 540-544, 9007 DP75554 Celeste Street, Alkimos as detailed in Attachment 54; aac) Lots 130-132, 205-208, 214-222, 225-234, 247, 268-270, 323, 324, 426 DP75749 Celeste Street, Alkimos as detailed in Attachment 55; aad) Lots 137-143, 145-147, 161-163, 169-171, 201-204, 209-212, 235-239, 325-329, 414-417, 419, 425, 9002 DP75750 Marmion Avenue, Eglinton as detailed in Attachment 56; aae) Lots 795-799, 818, 819, 823, 860, 865, 884, 9005 DP76013 Huntington Parkway, Landsdale as detailed in Attachment 57; aaf) Lots 27-34, 56-64, 183-192, 200-205, 242-247, 259-266 DP76191 Marmion Avenue, Clarkson as detailed in Attachment 58; 2. NOTES no change in the predominant use of Lot 25 SP60209 Hoypoy Gardens, Darch (Attachment 1), Lot 8015 DP66362 Hoypoy Gardens, Darch (Attachment 12), Lot 853 DP73295 Zappeion Entrance, Landsdale (Attachment 25), Lot 8011 DP73499 McAllister Boulevard, Clarkson (Attachment 35) and Lot 9004 DP76191 Marmion Avenue, Clarkson (Attachment 58); 3. RECOMMENDS to the Director General of the Department of Local Government and Community Services that, pursuant to Section 6.28 of the Local Government Act 1995, the method of valuation for each property outlined in 1. above be changed from unimproved value to gross rental value; and 4. NOTES that the effective date of the new method of valuation for each property outlined in 1. above to be the date of gazettal. Carried Unanimously |
Cr Gray declared an impartial interest in CS07-04/13 due to being a member of the Yanchep Districts Football Club.
File Ref: 2855V02 – 13/46756 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Cvitan, Seconded Cr Mackenzie That Council:-
1. APPROVES a request for sponsorship in the total sum of $1,600.00 to Calisthenics Association of WA 2013 State Team for the participation of Hayley Pinkerton, Jade Shepherd and Olivia Dragun (Intermediate Team); Catherine Rae and Sharne Wakefield (Junior Team); and Hayley Crawforth, Tahlia Gaunt, Stephanie Lee and Maggie Tat (Sub Junior Team) in the Australian Calisthenic Federation National Championships to be held in Burwood Vic from 10 – 13 July 2013;
2. APPROVES a request for sponsorship in the sum of $1,500.00 to Vivace Performance Company for the participation of Katelyn Ballard, Katelyn Merlo, Rhianna Parker and Stephanie Russo in the LA Disney Main Street Parade & Performances to be held in Los Angeles, USA from 12 – 20 April 2013;
3. APPROVES a donation request in the sum of $1,110.00 to the Salvation Army Merriwa for the provision of ingredients for the community dinners held every Wednesday from 5:30 – 7:30 pm at the Salvation Army, Merriwa; and
4. NOT APPROVE a donation request in the sum of $10,000.00 to Skate WA Artistic Committee for a 50% waiver of fees for hire of the Kingsway Indoor Stadium, Madeley to hold the Skate WA Australian National Championships from 28 September to 4 October 2013.
Amendment
Moved Cr Hewer, Seconded Cr Steffens
To add a recommendation 5.
That Council:-
1. APPROVES a request for sponsorship in the total sum of $1,600.00 to Calisthenics Association of WA 2013 State Team for the participation of Hayley Pinkerton, Jade Shepherd and Olivia Dragun (Intermediate Team); Catherine Rae and Sharne Wakefield (Junior Team); and Hayley Crawforth, Tahlia Gaunt, Stephanie Lee and Maggie Tat (Sub Junior Team) in the Australian Calisthenic Federation National Championships to be held in Burwood Vic from 10 – 13 July 2013;
2. APPROVES a request for sponsorship in the sum of $1,500.00 to Vivace Performance Company for the participation of Katelyn Ballard, Katelyn Merlo, Rhianna Parker and Stephanie Russo in the LA Disney Main Street Parade & Performances to be held in Los Angeles, USA from 12 – 20 April 2013;
3. APPROVES a donation request in the sum of $1,110.00 to the Salvation Army Merriwa for the provision of ingredients for the community dinners held every Wednesday from 5:30 – 7:30 pm at the Salvation Army, Merriwa;
4. NOT APPROVE a donation request in the sum of $10,000.00 to Skate WA Artistic Committee for a 50% waiver of fees for hire of the Kingsway Indoor Stadium, Madeley to hold the Skate WA Australian National Championships from 28 September to 4 October 2013; and
5. APPROVES a donation request in the sum of $1,000.00 to the Yanchep Junior Football Club to assist financially with the conduct of a gala day on Sunday 19 May 2013.
Carried Unanimously
The amendment became the substantive motion.
carried UNANIMOUSLY |
File Ref: 2883 – 13/38624 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 1
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Moved Cr Gray, Seconded Cr Driver That Council by ABSOLUTE MAJORITY:- 1. Pursuant to Council's acceptance of a Review of the Delegated Authority Register (CS04-12/12) in December 2012 and recommendation of a further review in April 2013 ACCEPTS the further review of the Delegated Authority Register conducted by the Chief Executive Officer; 2. REVOKES Delegations 3.3., 12.1, 12.2, 12.3, 12.4, 12.6, 12.7, 12.8, 12.9, 12.10, 12.12, 12.13, 12.15 an 12.16; (Attachment 1); 3. AMENDS Delegations 7.1, 7.22, 8.1, 8.2, 8.3 and (Attachment 1); and 4. APPROVES Delegations 7.24 and 7.25 (Attachment 1).
Carried BY ABSOLUTE MAJORITY 13/0 |
File Ref: 7292 – 13/50101 Responsible Officer: Director, Corporate Strategy and Performance Disclosure of Interest: Nil Attachments: 1
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Moved Cr Gray, Seconded Cr Driver That Council ADOPTS the revised (employee) Code of Conduct, as detailed in Attachment 1.
Carried Unanimously |
File Ref: 2868 – 13/56752 Author: Cr Ian Goodenough Action Officer: Director, City Businesses Disclosure of Interest: Nil Attachments: Nil
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Moved Cr Goodenough, Seconded Cr Steffens That Council REQUESTS Administration to investigate and present a report to Council on the implementation of a system for issuing parking permits to residents and occupiers of business premises in the restricted parking area surrounding the Clarkson Train Station.
Carried Unanimously |
Nil
Moved Cr Hewer, Seconded Cr Hayden
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
Meeting closed to the public and all recording ceased at 7.35pm
Moved Cr Hewer, Seconded Cr Hayden
That the meeting be reopened to the public.
CARRIED UNANIMOUSLY
The meeting was reopened to the public and all recording recommenced at 7.41pm.
Mayor Roberts read aloud the recommendations.
CR03-04/13 Reconsideration of Development Application - Retrospective Parking of Five Commercial Vehicles at 193 Lenore Road, Wanneroo (DA2012/453) File Ref: DEV12/596 – 13/37943 Responsible Officer: Director, Planning and Sustainability Disclosure of Interest: Nil Attachments: 4 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: (h) such other matters as may be prescribed
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Moved Cr Guise, Seconded Cr Hayden That Council ADVISES the State Administrative Tribunal that, pursuant to Section 31 of the State Administrative Tribunal Act 2004, it has reconsidered its decision of 18 September 2012 (Item PS04-09/12) relating to refusal issued for Parking of Five Commercial Vehicles on Lot 103 (193) Lenore Road, Wanneroo and RESOLVES to set aside that refusal and APPROVE the Parking of Five Commercial Vehicles subject to the following conditions: 1. This approval is only valid from the date of Council's decision and does not retrospectively authorise any previously unapproved use of the premises; 2. Approval is granted for Leonardo Agrela and Patricia Agrela to park five (5) Commercial Vehicles in the location shown on the approved plan. The Commercial Vehicles approved for parking on Lot 103 (193) Lenore Road, Wanneroo are as follows: · 1995 Ford Tip Truck, Registration 1CQI026; · 2004 International Multi, Registration 1CZK222; · 1996 Mitsubishi Tip Truck, Registration 1CLH351; · 1995 Custom Made Dog Trailer, Registration 1TFE337; and · 2000 Custom Made Vehicle Trailer, Registration 1TCE246.
No other commercial vehicles are permitted to be parked on Lot 103 (193) Lenore Road, Wanneroo without the express written consent of the City of Wanneroo. 3. The parking area, driveway and points of ingress and egress shall be hard sealed within 60 days of this approval, to the satisfaction of the City; 4. The development shall comply with the Stormwater Drainage Plan dated February 2013 attached to this approval; 5. The maximum vehicle combination length shall not exceed 19 metres; 6. The vehicles shall not be started or manoeuvred on site between the hours of 6.00pm and 6.00am the next following day; 7. The Commercial Vehicles must enter and exit the site in forward gear. Any manoeuvring/reversing to provide for this is not permitted between 6.00am and 8.00am; 8. The Commercial Vehicles' motors shall not be left running for any period in excess of five minutes, regardless of whether the vehicle is attended or not, whilst on the subject site; 9. This approval permits parking of the identified Commercial Vehicles only. Whilst on the subject site, there shall be no transfer of goods or passengers from one vehicle to another, unloading or loading of the vehicles, or storage of goods associated with the use of the vehicles; 10. The parking and manoeuvring of the vehicles shall not cause damage or removal to existing vegetation on the subject site; 11. Only minor servicing, including minor mechanical repairs and adjustments and/or cleaning that generates easily contained liquid waste shall be carried out on the lot; 12. The vegetation screen shall be planted 1.5m from the southern and eastern lot boundaries and shall consist of Hibiscus tileaceus planted 2 metres apart, in the location shown in Attachment 2. 13. Planting of the vegetation screen shall be completed within 60 days of the date of this approval and thereafter maintained to the satisfaction of the Manager Planning Implementation; 14. All stormwater shall be retained on site; 15. Screening shall be installed to the undercover parking area as indicated on Attachment 2, to the satisfaction of the Manager Planning Implementation; and 16. This approval is personal to the applicants named in condition 2 and is not transferrable or assignable to any other person or property.
Carried Unanimously |
File Ref: 3540 – 13/43825 Responsible Officer: Director, City Businesses Disclosure of Interest: Nil Attachments: 1 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
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Moved Cr Newton, Seconded Cr Cvitan That Council:-
1. AGREES in principle to the leasing of the kiosk and associated alfresco areas to PJT Contracting on a commercial basis for a term of five years subject to the requirements of Section 3.58(3) of the Local Government Act 1995 and the Commercial Tenancy (Retail Shops) Act 1985; 2. AUTHORISES the Chief Executive Officer to publish a local public notice of its intention to enter into the Lease as per 1 above; 3. SUBJECT to no submissions having been received, DELEGATES BY ABSOLUTE MAJORITY to the Chief Executive Officer, the authority to dispose of the Property by Lease in accordance with Section 3.58 of the Local Government Act 1995, to PJT Contracting for an area of approximately 235m˛ at Wanneroo Aquamotion for a period of five (5) years; 4. SUBJECT to 3. above, AUTHORISES the affixing of the Common Seal of the City of Wanneroo to a lease between the City and PJT Contracting in accordance with the City's Execution of Documents Policy; and 5. NOTES that if any submissions or comments are received in response to the local public notice in 2 above, a further report will be presented to Council for consideration. Carried by absolute majority 13/0 |
The next Council Briefing Session has been scheduled for 6.00pm on Tuesday, 21 May 2013, to be held at Council Chambers, Dundebar Road, Wanneroo.
There being no further business, the Mayor closed the meeting at 7.46pm.
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
IAN GOODENOUGH, JP Coastal Ward
RUSSELL DRIVER Coastal Ward
NORMAN HEWER North Ward
LAURA GRAY, JP North Ward
ANH TRUONG South Ward
BRETT TREBY South Ward
STUART MACKENZIE South Ward
DENIS HAYDEN South Ward