Moved Cr Newton, Seconded Cr Parker

That the minutes of the Ordinary Council Meeting held on 19 August 2014 be confirmed.

Carried Unanimously

Cr Treby presented a petition of 40 signatories from the public and residents of the Chianti Estate, Wanneroo Road, requesting the completion of the walk/cycle path to be continued from the southern end of Solaia Loop through to the northern end where the path starts again behind Contis winery.

This petition be forwarded to the Infrastructure directorate for action.

Cr Treby presented a petition of 19 residents of Vandia Pass and Trojan Ben objecting to the proposal to delete two east-west roads connecting Vandia Pass and Trojan Bend with Cheltondale Drive as per proposed Amendment No. 36 to East Wanneroo Cell 6 Agreed Structure Plan No. 8.

This petition be forwarded to the Planning and Sustainability Development directorate for action.

Cr Cvitan presented a petition of 25 signatories who all reside in the Crown Mushroom buffer area requesting a moratorium on the proposed Intensive Amendment to DA2012/1349, regarding DA20144-1042, 163 Belgrade Road".

This petition be forwarded to the Planning and Sustainability directorate for action.

Cr Hewer presented a petition from 11 residents of the Eglinton area requesting that their rates be reduced significantly due to not receiving the amenities being paid for.

This petition be forwarded to the Corporate Strategy & Performance directorate for action.

Cr Newton presented a petition (not in the usual format) of 92 petitioners requesting the installation of footpaths to both sides of Ashley Road and Waldburg Drive, Tapping due to speeding motorists.

This petition be forwarded to the Infrastructure directorate for action.

Cr Winton presented a petition of 594 signatories requesting an additional 100% in the number of car parking bays currently allocated (approximately 900) at Butler train station which are insufficient given the population growth in the far Northern suburbs.

Update

As the operations and associated infrastructure of the train station is the responsibility of the State Government, a letter, with a copy of the petition has been forwarded to the Managing Director of the Public Transport Authority for consideration. A letter has also been sent to the petition organiser making him aware of what actions have been taken in response to his petition.  No further action required by the City.

Cr Winton presented a petition of 1,674 signatories objecting to the removal of the 13 fig trees opposite 1-15 Russell Road, Madeley which are structurally sound and can be maintained.

Update

A letter has been sent to the petition organiser confirming that the petition was received at Council's meeting on 19 August 2014 and that Council supported a Motion on Notice to revoke its previous decision on 24 June 2014 to remove the trees. It was confirmed that the trees will be retained and works will be programmed to reduce the tree load and canopy overhang to the road.  No further action required regarding this petition.

Cr Hewer presented a petition of 561 signatories requesting a meeting room at Oldham Oval in Yanchep be given urgent consideration.  Stage one is the existing structure (change rooms, toilets etc) with stage two being the meeting room as initially planned/designed approximately 15 years ago.  After 15 years of delays and the massive increase in the Yanchep/Two Rocks population it is now time for our young and old sporting players and their memorabilia to have a meeting room to call home.

Update

The subject matter of the submitted petition is being considered in a report to be presented to Council on 16 September 2014. Notification to the petitioner will be made on the outcomes of the deliberation of the aforementioned report.  

Moved Cr Hewer, Seconded Cr Aitken

That Items CD01-09/14 Oldham Reserve – Building Extension – Financial and Resource Capacity and CD02-09/14 Community Facilities Sporting and Recreation Facilities Fund – 2014 Funding Round be discussed as the first and second items of business.

CARRIED UNANIMOUSLY

File Ref:                                               7849 – 14/234959

Responsible Officer:                            Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       6

Previous Items:                                   CD02-08/14 - Yanchep Active Open Space - Sports Amenities Building Extension - Ordinary Council - 19 Aug 2014 7:00pm       

Moved Cr Aitken, Seconded Cr Hewer

That Council:-

1.      Pursuant to Section 6.8(1)(b) of the Local Government Act 1995 APPROVES BY ABSOLUTE MAJORITY the expenditure of $196,667 for the implementation of the Oldham Reserve Changerooms Multipurpose Room Extension;

2.      NOTES the following budget variation to fund the Oldham Reserve Changeroom Extension Project, commencing in the 2014/15 financial year;

3.      NOTES  that a Building Projects Officer will be appointed on a 12 month contract to support the 2014/15 and 2015/16 Building Projects Program, with the Oldham Reserve Changerooms Extension Project being a priority;

4.      AUTHORISES the Director Community Development to inform the petition organiser of Council's resolution regarding petition PT03-08/14; and

5.      NOTES a further report will be presented to Council at its meeting to be held on 14 October 2014 seeking endorsement of the General Arrangement Concept, post endorsement by resident Clubs at Oldham Reserve and outlining the extent of confirmed resident clubs' contribution being one third of the project costs ($98,333).

CARRIED BY ABSOLUTE MAJORITY

14/0

Amendment

Moved Cr Driver, Seconded Cr Parker

To delete points 1-4, delete the number '5' and replace the word 'NOTES' with the words 'REQUESTS that' and the word 'report' remove the word 'will'.

That Council:- 

1.           Pursuant to Section 6.8(1)(b) of the Local Government Act 1995 APPROVES BY ABSOLUTE MAJORITY the expenditure of $196,667 for the implementation of the Oldham Reserve Changerooms Multipurpose Room Extension;

2.           NOTES the following budget variation to fund the Oldham Reserve Changeroom Extension Project, commencing in the 2014/15 financial year;

3.           NOTES  that a Building Projects Officer will be appointed on a 12 month contract to support the 2014/15 and 2015/16 Building Projects Program, with the Oldham Reserve Changerooms Extension Project being a priority;

4.           AUTHORISES the Director Community Development to inform the petition organiser of Council's resolution regarding petition PT03-08/14; and

5.           NOTES REQUESTS that a further report will be presented to Council at its meeting to be held on 14 October 2014 seeking endorsement of the General Arrangement Concept, post endorsement by resident Clubs at Oldham Reserve and outlining the extent of confirmed resident clubs' contribution being one third of the project costs ($98,333).

lost

4/10

For the motion:           Cr Cvitan, Cr Driver, Cr Parker and Mayor Roberts

Against the motion:    Cr Aitken, Cr Guise, Cr Hayden, Cr Hewer, Cr Newton,
Cr Smithson, Cr Treby, Cr Truong, Cr Winton and Cr Zappa

File Ref:                                               17131 – 14/230373

Responsible Officer:                            Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       6         

Moved Cr Guise, Seconded Cr Driver

That Council:-

1.      SUBMITS the following Community Sport and Recreation Facilities Fund Applications to the Department of Sport and Recreation for the 2014 fund round:

a)     Warradale Reserve – Oval Extension, Landscaping and Floodlighting;

b)     Oldham Park Changerooms – Multi Purpose Room Extension;

2.      NOTES that a further report will be presented to Council in March 2015 advising the outcomes of the CSRFF applications for the 2014 funding round and related funding implications for the City’s 2014/15 Ten Year Capital Works Program.

Carried Unanimously

File Ref:                                               10698 – 14/170301

Responsible Officer:                            A/Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Treby, Seconded Cr Zappa

That Council:-

1.      Pursuant to Clause 9.6.1 of the City of Wanneroo District Planning Scheme No. 2 RESOLVES that the proposed Hainsworth Local Structure Plan No. 98 dated August 2014 submitted by Department of Housing included in Attachment 1 is SATISFACTORY;

2.      FORWARDS the Hainsworth Local Structure Plan No. 98 included as Attachment 1 and the Schedule of Submissions included as Attachment 3 to the Western Australian Planning Commission for its adoption and certification pursuant to Clause 9.6.1 of the City of Wanneroo District Planning Scheme No. 2;

3.      Pursuant to Clause 9.6.5 of the City of Wanneroo District Planning Scheme No. 2, ADOPTS the Hainsworth Local Structure Plan No. 98 documents once certified by the Western Australian Planning Commission and AUTHORISES the Director, Planning and Sustainability to SIGN the documents; and

4.      NOTES the Schedule of Submissions received in respect of the draft Hainsworth Local Structure Plan No. 98 included as Attachment 3, ENDORSES Administration's response to those submissions and ADVISES submitters of its decision.

Carried Unanimously

File Ref:                                               10803 – 14/226147

Responsible Officer:                            A/Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Treby, Seconded Cr Zappa

That Council:-

1.      Pursuant to Section 75 of the Planning and Development Act 2005, INITIATES Amendment No. 138 to District Planning Scheme No. 2 by amending Schedule 2 – Section 1 (Clause 3.20) – Additional Uses to insert the following:

2.      Pursuant to Section 81 of the Planning and Development Act 2005, FORWARDS Amendment No. 138 to District Planning Scheme No. 2 to the Environmental Protection Authority (EPA) for comment;

3.      Subject to no objection being received from the Environmental Protection Authority (EPA), ADVERTISES Amendment No. 138 to District Planning Scheme No. 2 for public comment for a period of 42 days, pursuant to Regulation 25(2) of the Town Planning Regulation 1967; and

4.      FORWARDS a copy of Amendment No. 138 to District Planning Scheme No. 2 to the Western Australian Planning Commission for its information.

Carried Unanimously

File Ref:                                               2957-03 – 14/236948

Responsible Officer:                            A/Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Recommendation

That Council:-

1.      NOTES the petition tabled at 1 April 2014 Council Meeting for Council to consider a medical centre including pharmacy, to be located at Lot 810 Wanneroo Road, Wanneroo (PT06-04/14), and ADVISES the principal petitioner of its decision outlined in Item 2. below;

2.      Pursuant to Clause 9.6.1 (a) of the City of Wanneroo District Planning Scheme No. 2, REFUSES TO ADOPT Amendment No. 3 to Drovers Place Precinct Agreed Structure Plan No. 80, included as Attachment 2, for the following reason:

         The proposed additions of 'Medical Centre' and 'Pharmacy' as discretionary (or 'D') uses for Lot 810 and Lot 811 is contrary to the Intent for the Central Precinct outlined in Table C of Agreed Structure Plan No. 80, as:

a)      The 'Medical Centre' or 'Pharmacy' do not qualify as 'niche businesses', as these uses typically do not provide any service or product that is different or unique to other (similar) businesses that operate in the Perth Metropolitan Area;

b)      Neither of the 'Medical Centre' or 'Pharmacy' uses can be considered as 'cultural uses'; and

c)       The 'Medical Centre' and 'Pharmacy' are not considered land uses that would significantly benefit from high exposure to Wanneroo Road.

3.      NOTES the Schedule of Submissions received in respect of Amendment No. 3 to Drovers Place Precinct Agreed Structure Plan No. 80 included as Attachment 3, ENDORSES Administration's comments and recommendations in response to those submissions and ADVISES the submitters of its decision; and

4.      Pursuant to Clause 9.6.1 of the City of Wanneroo District Planning Scheme No. 2, FORWARDS the Schedule of Submissions included as Attachment 3 and three copies of the Amendment documentation to the Western Australian Planning Commission.

Procedural Motion

Moved Cr Cvitan, Seconded Cr Zappa

That the Motion be deferred to the next Council meeting at which time Amendments 3 and 4 are intended to be presented.

carried

11/3

For the motion:           Cr Cvitan, Cr Driver, Cr Guise, Cr Hayden, Cr Hewer, Cr Newton,
Cr Parker, Mayor Roberts, Cr Treby, Cr Truong and Cr Zappa

Against the motion:    Cr Aitken, Cr Smithson and Cr Winton

File Ref:                                               11222 – 14/210897

Responsible Officer:                            A/Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       4         

Procedural Motion

Moved Cr Driver, Seconded Cr Cvitan

That the Cr Guise be granted an extension to speak.

carried UNANIMOUSLY

Moved Cr Parker, Seconded Cr Driver

That Council:-

1.      Pursuant to Section 75 of the Planning and Development Act 2005 ADOPTS Amendment No. 140 to District Planning Scheme No. 2 for the purpose of:-

a)      Amending the Scheme Map for Lots 4 and 5 Mornington Drive, Mariginiup to designate ‘Restricted Use’; and

b)      Modifying  ‘Schedule 2 - Section 2 (Clause 3.21) – Restricted Uses’ to include Lots 4 and 5 Mornington Drive, Mariginiup as follows:

2.      REFERS Amendment No. 140 to District Planning Scheme No. 2 to:

a)      the Environmental Protection Authority (EPA) pursuant to Section 81 of the Planning and Development Act 2005; and

b)      The Western Australian Planning Commission for its consent to advertise under Regulation 25AA of the Town Planning Regulations 1967;

3.      Subject to no objections being received from the Environmental Protection Authority and consent to advertise being granted by the Western Australian Planning Commission, ADVERTISES Amendment No. 140 for public comment pursuant to Regulation 25(2) of the Town Planning Regulations 1967 for a period of 42 days; and

4.      ADVISES the owners of Lots 4 and 5 Mornington Drive, Mariginiup, that Council initiation of Amendment No. 140 to District Planning Scheme No. 2 does not imply and must not be misinterpreted as support of the concept plan submitted.

lost

3/10

For the motion:           Cr Driver, Cr Parker and Cr Smithson

Against the motion:    Cr Aitken, Cr Cvitan, Cr Guise, Cr Hayden, Cr Hewer, Cr Newton, Mayor Roberts, Cr Treby, Cr Truong and Cr Winton

File Ref:                                               2080 – 14/204478

Responsible Officer:                            A/Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Smithson, Seconded Cr Newton

That Council:-

1.      OBJECTS to Metropolitan Region Scheme Amendment 1263/57 relating to lots 89 to 95 and 100 Dundebar Road and lot 88 Garden Park Drive, Wanneroo for the reasons set out in this report;

2.      FORWARDS a copy of this Administration report to the Western Australian Planning Commission (WAPC) as the City's formal response to proposed Metropolitan Region Amendment 126/57;

3.      ADVISES the WAPC and the Department of Planning that it is disappointed that the State planning agencies have chosen to pursue an approach for progressing the planning of East Wanneroo which is contrary to that proposed under Local Planning Policy 5.3: East Wanneroo (LPP 5.3), and SEEKS to work with the State planning agencies to arrive at a shared approach, based on LPP 5.3, which will facilitate the establishment of a comprehensive planning framework for the East Wanneroo area which will enable it to develop in an orderly and proper manner;  and

4.      ADVISES the WAPC and the Department of Planning that while Council is objecting to this current MRS Amendment for this small area of land on Dundebar Road, it would support an MRS amendment which involved rezoning to Urban of all of the land north of Dundebar Road which is shown as potential urban under the East Wanneroo Structure Plan.

Carried Unanimously

File Ref:                                               1441 – 14/215901

Responsible Officer:                            A/Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       Nil         

Moved Cr Smithson, Seconded Cr Newton

That Council BY ABSOLUTE MAJORITY, APPOINTS Dr Gustave Gintzburger to the City of Wanneroo Environmental Advisory Committee (EAC) as a community representative.

CARRIED BY ABSOLUTE MAJORITY

14/0

File Ref:                                               4092 – 14/238594

Responsible Officer:                            A/Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       Nil

Previous Items:                                   MN02-08/14 - Removal of Fig Trees in Russell Road, Madeley - Rescission Motion - Ordinary Council - 19 Aug 2014 7:00pm       

Moved Cr Guise, Seconded Cr Driver

That Council:-

1.      NOTES the motions adopted at the Special Meeting of Electors held on 25 August 2014;

2.      SUPPORTS Motion 1 to review and update the City's Tree Preservation Policy because the Policy is significantly overdue for review;

3.      In relation to Motion 2 LISTS FOR CONSIDERATION in the 2015/16 budget the appointment of consultants to assist the City to prepare a Significant Tree Register and NOTES that work on this register cannot commence until such time as the Tree Preservation Policy has been reviewed and an approach to determining the significance of trees has been adopted by Council;

4.      DOES NOT SUPPORT Motion 3 to update the Municipal Heritage Inventory to include significant trees because it is not possible to include all significant trees in the Municipal Heritage Inventory by default, without a full assessment of their cultural heritage significance in accordance with the Heritage of Western Australia Act 1990;

5.      DOES NOT SUPPORT Motion 4 to include the stand of 13 Ficus Hillii trees in Russell Road, Madeley on the Significant Tree Register because it is not possible to determine whether the Ficus trees on Russell Road, Madeley are appropriate for inclusion until such time as the criteria for determining the significance of trees is determined through the review of the Tree Preservation Policy and a Significant Tree Register has been established;

6.      DOES NOT SUPPORT Motion 5 to list the stand of 13 Ficus Hillii trees in Russell Road, Madeley on the Municipal Heritage Inventory because:

a)      there is no Council endorsed criteria to determine whether these trees are significant;

b)      it is not currently possible to determine whether these trees are of cultural heritage significance; and

c)      the Municipal Heritage Inventory is not the appropriate tool to protect significant trees; and

7.      DOES NOT SUPPORT Motion 6 to amend the Street Tree Policy to mandate the preservation and maintenance of all mature trees because the City does not currently have a Street Tree Policy and there may be genuine reasons why a mature tree is unable to be kept such as ill health, disease, or a genuine risk to the community.

Carried Unanimously

File Ref:                                               4170 – 14/161729

Responsible Officer:                            Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Newton, Seconded Cr Hayden

That Council:-

1.      APPROVES in principle, a commercial lease of a 83m² portion (Tenancy 4) of Reserve 47718, Lot 511, Clarkson Library, Ocean Keys Boulevard, Clarkson (Attachment 1 refers) to Carol Marshall, for a term of three (3) years commencing 13 December 2014 with a three (3) year option subject to the requirements of the Commercial Tenancy (Retail Shops) Act 1985 and the Minister for Lands approval;

2.      AUTHORISES the publication of a local public notice of the intention to enter into the lease in accordance with Section 3.58 of the Local Government Act 1995;

3.      NOTES if any submissions are received a further report will be presented to Council; and

4.      In the event there are no submissions,

a)      NOTES the Chief Executive Officer under delegated authority will    approve the lease; and

b)     AUTHORISES the affixing of the Common Seal of the City of    Wanneroo to a lease between the City and Carol Marshall in    accordance with the City's Execution of Documents Policy.

Carried Unanimously

File Ref:                                               4559 – 14/226956

Responsible Officer:                            Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Newton, Seconded Cr Hayden

That Council:-

1.         NOTES the Tiger Kart Club Inc. has not complied with a covenant in the lease by failing to provide its Option Period Business Plan for the period 2014 to 2019 between 30 November 2013 and 1 March 2014;

2.         ACKNOWLEDGES that the Tiger Kart Club Inc. submitted its Option Period Business Plan for the period 2014 to 2019 on 15 August 2014, and that notwithstanding the late submission, the Option Period Business Plan is otherwise in a form acceptable to the City;

3.         APPROVES the variation of the existing Lease to delete that part of clause 7(2)(a) that states " and observed the covenants contained in this Lease";

4.         AUTHORISES the affixing of the Common Seal of the City of Wanneroo to a Deed of Variation of Lease between the City and the Tiger Kart Club Inc. in accordance with the City's Execution of Documents Policy;

5.         NOTES that the Tiger Kart Club Inc. has exercised its first five (5) year lease option commencing 1 December 2014 for a portion of Lot 600 (570) Wattle Avenue, Neerabup; and

6.         NOTES that the right of the Tiger Kart Club Inc. to exercise the second option to renew is conditional upon the further development of the Tiger Kart Club Inc.,  as outlined in the Option Period Business Plan and is also conditional upon the submission of a further five (5) year business plan for the period 2019-2024, including any proposals for further development during the second option period, being submitted to the City between 30 November 2018 and 1 March 2019 for consideration in accordance with the terms of the lease.

Carried Unanimously

File Ref:                                               5207 – 14/228906

Responsible Officer:                            Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       1  

Previous Items:                                   PS04-09/13 - Adoption of Amendment No. 125 to District Planning Scheme No. 2 - Portion of Lot 9474 Casserley Avenue, Girrawheen - Ordinary Council - 17 Sep 2013 7.00pm      

Moved Cr Newton, Seconded Cr Hayden

That Council:-

1.      NOTES that the City entered a conditional contract with Emmanuel Christian Community School Inc. (the School) dated 11 January 2013 for the purchase of a 1.08 hectare portion (subject to survey) of Reserve 34068, Casserley Park, 48 Casserley Avenue, Girrawheen by the School;

2.      AUTHORISES the purchase by the City of a 1.08 hectare portion (subject to survey) of Crown Reserve 34068, Casserley Park, 48 Casserley Avenue, Girrawheen in freehold from the State of Western Australia at 5% of the unimproved market value as determined by the Valuer General (plus GST, if applicable);

3.      APPROVES BY ABSOLUTE MAJORITY:

a)      the unbudgeted expenditure pursuant to section 6.8(1)(b) of the Local Government Act 1995 (WA) of 5% of the valuation (estimated at $70,000) to acquire the 1.08 hectare portion (subject to survey) of Crown Reserve 34068, Casserley Park, 48 Casserley Avenue, Girrawheen in freehold from the State of Western Australia; and

b)      the recovery from the proceeds of sale of the 1.08 hectare portion (subject to survey) of Reserve 34068, Casserley Park, 48 Casserley Avenue, Girrawheen to Emmanuel Christian Community School Inc. of an unbudgeted income in an identical amount,

         noting that the transaction will be at no cost to the City, with the proceeds of $1.4 million (plus GST if applicable) sale price less the 5% acquisition costs to be retained and applied in accordance with the Land Administration Act 1997 (WA) and applicable Department of Lands' policies;

4.      AUTHORISES the Mayor and the Chief Executive Officer to affix of the common seal of the City of Wanneroo, in accordance with the City's Execution of Documents Policy, to:

a)      The contract of sale, Transfer of Land document and any other associated documentation relating to the purchase by the City of a 1.08 hectare portion (subject to survey) of Crown Reserve 34068, Casserley Park, 48 Casserley Avenue, Girrawheen in freehold; and

b)      The Transfer of Land document and any other associated documentation (including but not limited to caveat and withdrawal of caveat forms) relating to the sale by the City of the portion of Crown Reserve 34068, Casserley Park, 48 Casserley Avenue, Girrawheen acquired in freehold pursuant to (2) and (4)(a) to Emmanuel Christian Community School Inc.; and

5.      DELEGATES BY ABSOLUTE MAJORITY to the Chief Executive Officer the authority to:

a)      vary:

i)       The date for satisfaction of any conditions; and

ii)      The settlement date,

set out in the contract between the City and Emmanuel Christian Community School Inc. dated 11 January 2013, and in the contract of sale between the City and the State of Western Australia entered pursuant to (2) and (4)(a);

b)      vary any construction time periods specified in the contract of sale between the City and the State of Western Australia entered pursuant to (2) and (4)(a); and

c)      sign any notices to be issued by the City pursuant to the contract between the City and Emmanuel Christian Community School Inc. dated 11 January 2013, or pursuant to the contract of sale between the City and the State of Western Australia entered pursuant to (2) and (4)(a).

Carried by Absolute Majority

14/0

File Ref:                                               2027V02 – 14/227467

Responsible Officer:                            Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Zappa, Seconded Cr Truong

That Council :-

1.      SPECIFIES BY ABSOLUTE MAJORITY as a dog exercise area, all public reserves vested in or under the care, control and management of the City of Wanneroo, excluding road and street reserves, designated as dog exercise areas for the purposes of the Dog Act 1976.

2.      SPECIFIES BY ABSOLUTE MAJORITY the following places as places where dogs are absolutely prohibited:

a)           Kingsway Sporting Complex, Madeley, being Reserve No. 28058, other than those parts of Kingsway Sporting Complex that are places where dogs are prohibited absolutely as specified in the Fourth Schedule of this local law or that have been designated as a Dog Exercise Park adjacent to the north east corner of the main entrance to Kingsway Sporting Complex, Madeley on Hepburn Avenue, 400 metres west of the intersection of Skeit Road and Hepburn Avenue identified as a fenced area signposted as a Dog Exercise Park;

b)           Any public building (except during City approved shows, exhibitions or events), shop or business premises, with the exception of a shop or business premises where dogs are sold or treated;

c)           The 3 bituminised areas located on the northern portion of Kingsway Sporting Complex, Reserve No 28058, which have netball courts marked on them and any bituminised areas located between or adjacent to those netball courts;

d)           Reserve No. 22915 (Frederick J Stubbs Grove, Quinns Rocks);

e)           Reserve No. 12990 (Wanneroo Showgrounds), except during City approved events;

f)            Foreshore Reserve 20561, other than:

i)            Two Rocks Beach, being that part of Foreshore Reserve No. 20561 proceeding southward from a point adjacent to the southern groyne of the Two Rocks Marina (being prolongation westward of the southern boundary of the unnamed road reserve situated between Part Lot 1000 and Part Lot 50 of Swan Location 1370) to a line which is the prolongation easterly and westerly of the northern boundary of Swan Location 8508 commonly known as Leemans Landing;

ii)           Yanchep Beach, being that part of Foreshore Reserve No. 20561 proceeding southwards for a distance of approximately 740 metres from line being the prolongation westerly of the northern boundary of Reserve No 32978 being Compass Park, Yanchep;

iii)         Quinns Rocks Beach, being that part of Foreshore Reserve No. 20561 proceeding northwards for a distance of 1000 metres from a line being the prolongation westerly of the northern side of Tapping Way Road Reserve in the northern part of the Quinns Rocks locality; and

         iv)      Any coastal walkway or pedestrian access way, being part of Foreshore Reserve No. 20561.

Carried by absolute majority

14/0

File Ref:                                               1702 – 14/217802

Responsible Officer:                            Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       3  

Previous Items:                                   IN02-02/12 - Review of "Two Rocks Coastal Management - May 2006" Study Report on the Coastal Erosion North of Two Rocks Marina - Ordinary Council - 07 Feb 2012 7.00pm      

Moved Cr Aitken, Seconded Cr Smithson

That Council:-

1.      RECEIVES the M P Rogers and Associates draft report titled "Two Rock Coastal Management" dated April 2014;

2.      AUTHORISES a presentation of the recommendations and coastal management options from the study report outline in Item 1 at a public meeting to be held in Two Rocks;

3.      NOTES THAT Administration will undertake ongoing photographic beach monitoring on a quarterly basis and following major storm events, and six monthly beach surveys to capture seasonal and long term changes.

Amendment

Moved Cr Winton; Seconded Cr Hewer

To add new recommendations 4, 5 and 6.

4.           WRITES to the developers in the surrounding areas advising them of the draft report and invites them to the public meeting;

5.           WRITES to the State Government outlining its position in regard to financial liability of the proposed coastal erosion management works and request the State Government to fund the works; and

6.           WRITES to the State Government seeking its views on the initiation of developer contributions for future developments which impact on the coastal areas.

Amendment to Amendment

Moved Cr Guise; Seconded Cr Driver

To leave proposed new recommendations 4 and 5 and delete new 6.

4.           WRITES to the developers in the surrounding areas advising them of the draft report and invites them to the public meeting;

5.           WRITES to the State Government outlining its position in regard to financial liability of the proposed coastal erosion management works and request the State Government to fund the works; and

6.           WRITES to the State Government seeking its views on the initiation of developer contributions for future developments which impact on the coastal areas.

CARRIED UNANIMOUSLY

Amendment as amended

Moved Cr Winton; Seconded Cr Hewer

To add new recommendations 4, 5 and delete 6.

4.           WRITES to the developers in the surrounding areas advising them of the draft report and invites them to the public meeting;

5.           WRITES to the State Government outlining its position in regard to financial liability of the proposed coastal erosion management works and request the State Government to fund the works; and

6.           WRITES to the State Government seeking its views on the initiation of developer contributions for future developments which impact on the coastal areas.

CARRIED UNANIMOUSLY

Substantive Motion as Amended

THAT Council:-

1.           RECEIVES the M P Rogers and Associates draft report titled "Two Rock Coastal Management" dated April 2014;

2.           AUTHORISES a presentation of the recommendations and coastal management options from the study report outline in Item 1 at a public meeting to be held in Two Rocks;

3.           NOTES that Administration will undertake ongoing photographic beach monitoring on a quarterly basis and following major storm events, and six monthly beach surveys to capture seasonal and long term changes;

4.           WRITES to the developers in the surrounding areas advising them of the draft report and invites them to the public meeting;

5.           WRITES to the State Government outlining its position in regard to financial liability of the proposed coastal erosion management works and request the State Government to fund the works.

That the substantive motion was put as amended and

CARRIED UNANIMOUSLY

File Ref:                                               16988 – 14/230395

Responsible Officer:                            Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       2  

Previous Items:                                   IN09-03/14 - Quinns Beach Coastal Protection - Need for a Limestone Retaining Wall along Fred Stubbs Park - Ordinary Council - 04 Mar 2014 7:00pm

                                                            IN08-03/14 - Quinns Beach Long Term Coastal Protection - Establishment of a Community Reference Group and Terms of Reference - Ordinary Council - 04 Mar 2014 7:00pm

                                                            IN05-12/13 - Quinns Beach Erosion and Management - Immediate Coastal Protection Works - Ordinary Council - 10 Dec 2013 7.00pm      

Moved Cr Driver, Seconded Cr Winton

That Council ACCEPTS the tender submitted by Cardno WA Pty Ltd for Tender No. 01440 for the Provision of Consulting Services Quinns Beach Long Term Coastal Management for a Stage 1 and 2 lump sum price of $114,516 and schedule of rates for Stages 3 to 5; noting that the commencement date of the Contract shall be 6 October 2014 with expiry dates of 30 June 2015 (Stages 1 and 2 based on lump sum price) and 30 June 2017 (Remaining Stages based on schedule of rates); and options to extend the contract for two 12 month periods subject to (a) satisfactory performance; and (b) price adjustment of the year 3 rates based on Perth Consumer Price Index or 5% increase whichever is greater.

Carried Unanimously

File Ref:                                               3120V03 – 14/178679

Responsible Officer:                            Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       10         

Moved Cr Smithson, Seconded Cr Parker

That Council:-

1.      DOES NOT SUPPORT the removal of or further modifications to traffic treatments on Aldersea Circle;

2.      ADVISES the petition organiser of Council's Decision and the process with regards to advising WA Police of hoon behaviour.

Procedural Motion

Moved Cr Winton, Seconded Cr Hayden

That the motion be referred back to Administration to further understand complex legal advice.

carried

12/1

For the motion:           Cr Cvitan, Cr Driver, Cr Guise, Cr Hayden, Cr Hewer, Cr Newton,
Cr Parker, Mayor Roberts, Cr Smithson, Cr Truong, Cr Winton and
Cr Zappa

Against the motion:    Cr Aitken

File Ref:                                               1859 – 14/239031

Responsible Officer:                            Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Cvitan, Seconded Cr Zappa

That Council RECEIVES the list of payments drawn for the month of August 2014, as summarised below:-