The Minister for Local Government; Community Services; Seniors and Volunteering; Youth Mr A J Simpson made a short statement apologising for the length of time taken to visit the City of Wanneroo.  He clarified that the Advisory Board would shortly be considering the Ministers proposal for amalgamations.  It was expected that Local Governments would be reduced from thirty to fifteen which was the next phase of the reform process. 

From the City of Wanneroo's perspective the Minister stated that the understood the pressures facing the City in terms of growth and urban sprawl and felt that the City was dealing with it very well.  The Minister thanked the City for hosting him at the meeting, and stated that he had been happy to accept the interesting portfolio of Minister to represent Local Government. 

Moved Cr Cvitan, Seconded Cr Newton

That the minutes of the Ordinary Council Meeting held on 15 October 2013 be confirmed.

Carried Unanimously

Moved Cr Cvitan, Seconded Cr Newton

That the minutes of the Special Council Meeting held on 29 October 2013 be confirmed.

Carried Unanimously

a)         What is the current situation regarding lights at the intersection of Marmion Avenue, Peony Boulevard and Lagoon Drive and associated school zone signage and speed limit of 40kph?

b)         Can the speed limit be decreased permanently to 50kph coming towards that intersection? 

Response by Director, Planning and Sustainability

a)      Council considered this matter at its September 2013 meeting (Item MN01-09/13) and adopted a four part resolution, which Administration has acted on.

          In accordance with Council's decision, letters have been sent to Main Roads WA and the Minister for Transport, requesting a government commitment to install traffic signals at this location. Administration has also collaborated with the Yanchep High School to seek the necessary State Government approvals for reduced speed school zone signs in and around the area and appointment of a traffic warden to usher pedestrians across Marmion Avenue during school zone times.

          Administration is also finalising a project brief to engage suitably qualified consultants to carry out a road safety audit of the intersection.

          A further report will be presented to Council once the City has received responses to its correspondence and upon completion of the road safety audit.

Response by Mayor Roberts

b)      That will be addressed when the report comes to Council.

In relation to CE01-11/13 on tonight's Agenda, do we have a log of past and current clients of the tenderer, in this case Barrister P McQueen, in relation to applications that may have been before the City or are current?

Response by City Lawyer

No.  Administration may find something through a check of Trim records but there is no log kept of lawyers acting on behalf of proponents.

Cr Steffens presented a petition of 144 signatures requesting that speed cushions be installed on Seagrove Boulevard and Baltimore Drive, Merriwa due to ongoing problems with hoon drivers and deaths recently caused on Baltimore Drive, Merriwa

UPDATE:

Traffic counts are currently being undertaken and a report will be presented to the 4 February 2014 meeting.

Cr Mackenzie presented a petition of 75 signatures objecting to the proposed Amendment 125 District Plan No. 2 Casserley Park Girrawheen from "Parks and Recreation" to "Private Clubs and Recreation" for the purpose of being sold to the Emmanual Christian Private School to be developed as a High School and possibly other Private Businesses in the future.

UPDATE:

Council has already resolved to adopt Amendment 125 to District Planning Scheme No. 2 at its meeting of 17 September 2013 (PS04-09/13). A response to the issues raised in the Petition – being traffic, loss of access, noise and loss of use of Casserley Park – were responded to by Administration in its previous Report.

Cr Hayden presented a petition with a total of 70 signatures objecting to the proposed Amendment No. 38 East Wanneroo Cell 6 (Darch/Madeley) Agreed Structure Plan No. 8

UPDATE:

Administration intends to address this matter as part of a report to Council for the determination of Amendment No. 38 to the East Wanneroo Cell 6 Agreed Structure Plan No. 8 (ASP 8) at the next Council meeting on 10 December 2013.

Cr Treby presented a petition of 103 signatures requesting improved sport and recreation facilities at Hudson Reserve in Girrawheen, particularly improved lighting, better playground equipment, hard court amenity and increased active field maintenance.

UPDATE:

Administration has advised the petition contact that an investigation into the issues raised is currently underway and the outcomes of the investigation will be reported to a future meeting of Council.

Cr Hayden presented a petition with a total of 117 signatures objecting to the proposed Amendment No. 37 East Wanneroo Cell 6 Agreed Structure Plan No. 8 (Lot 170 Kingsway, Madeley.

UPDATE:

PT03-10/13 relates to proposed amendment No. 37 to the East Wanneroo Cell 6 Agreed Structure Plan No. 8 to recode Lot 170 (69) Kingsway from R25 to R40.  The amendment is currently out for public comment with the submission period closing on 5 November 2013. 

The amendment was previously advertised between 18 June 2013 to 30 July 2013 and PT02-08/13 (tabled by the same petitioner as PT03-10/13) was received by Council on 20 August 2013.  In light of the petitions received regarding this proposed amendment, Administration will be preparing a report for Council to consider the matter.  It is anticipated this report will be presented to Council at its December meeting.

File Ref:                                              6802 – 13/165392

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       5         

Moved Cr Driver, Seconded Cr Smithson

That Council:-

1.       ADOPTS the amendment to the Development Guide Map for the Special Rural Zone No. 4 included in Attachment 4; and

2.       FORWARDS a copy of the amended Development Guide Map for Special Rural Zone No. 4 to the Western Australian Planning Commission for its information.

Carried Unanimously

File Ref:                                              8580 – 13/179310

Responsible Officer:                           Manager Planning Implementation

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Guise, Seconded Cr Newton

That Council:-

1.       Pursuant to Regulation 17 (2) (a) of the Town Planning Regulations 1967 ADOPTS, without modification, Amendment No. 131 to District Planning Scheme No. 2 to recode Lots 141 (14), 142 (15), and 143 (7) Clyde Court, Wanneroo from Residential R5 to Residential R20 as shown in Attachment 2;

2.       Pursuant to Regulation 22 (1) of the Town Planning Regulations 1967 AUTHORISES the affixing of the common seal to, and endorses the signing of, the amendment documentation;

3.       FORWARDS the amendment documentation to the Western Australian Planning Commission for its consideration REQUESTING the Hon Minister for Planning grant final approval to the amendment;  and

4.       NOTES the submissions in Attachment 3, ENDORSES Administration's responses to and recommendations on each, FORWARDS the schedule of submissions to the Western Australian Planning Commission and ADVISES the submitters of its decision.

Carried Unanimously

File Ref:                                              9396 – 13/181065

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Smithson, Seconded Cr Cvitan

That Council:-

1.       Pursuant to Regulation 17(2) of the Town Planning Regulations 1967 ADOPTS Amendment No. 114 to District Planning Scheme No. 2 subject to the Amendment being modified to:

a)      Zone an additional portion of Lot 9003 Marmion Avenue, Alkimos as Centre Zone in District Planning Scheme No. 2, consistent with Metropolitan Region Scheme Amendment 1192/57, as depicted on the Scheme Amendment Map included in Attachment 4 to this report;

2.       Pursuant to Regulation 22(1) of the Town Planning Regulations 1967 AUTHORISES the affixing of the common seal to, and endorses the signing of, the Amendment documentation;

3.       FORWARDS the Amendment documentation to the Western Australian Planning Commission for its consideration REQUESTING the Hon Minister for Planning grant final approval to the Amendment, subject to the modification listed in 1. above;  and

4.       NOTES the submissions received in respect of Amendment No. 114 to District Planning Scheme No. 2, and ENDORSES the responses to those submissions prepared by Administration included in Attachment 2 of this report to be forwarded to the Western Australian Planning Commission, and ADVISES the submitters of its decision.

Carried Unanimously

File Ref:                                              5523 – 13/177046

Responsible Officer:                           Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Hewer, Seconded Cr Aitken

That Council:-

1.       NOTES the questionnaire responses received in relation to the extension of Yanchep dog beach;

2.       Pursuant to Section 31(3C)(b) of the Dog Act 1976 GIVES 28 days local public notice of its intention to specify as a dog exercise area, the area of beach extending 340 metres immediately south of the existing Yanchep Dog Beach, as depicted in Attachment 3;

3.       NOTES that a further report will be presented to Council at the conclusion of the local public notice period referred to in Recommendation 2 above, for Council to consider formally specifying the proposed extension to the Yanchep Dog Beach, in accordance with Section 31(3A) of the Dog Act 1976; and

4.       MAINTAINS the City's current dog beach restrictions prohibiting dogs from accessing beaches not designated for animal exercise. 

Carried Unanimously

File Ref:                                              6902 – 13/175813

Responsible Officer:                           A/Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       Nil         

Recommendation

That Council:-

1.       NOTES that the City will monitor the impact of the Cat Act 2011 over the next 12 months and will present a report to a Council Forum to explore the merit of Council considering the adoption of a Cat Local Law;

2.       APPROVES BY ABSOLUTE MAJORITY an amendment to the 2013/14 Fees and Charges to reflect the following new charges:

a)      Impound/Sustenance Fees (first seven days) for cats held in the City of Wanneroo Cat Management Facility - $100; and

b)                         Sustenance Fee (per day after seven days) - $25; and

3.       NOTES the City will give local public notice of Council's intention to impose the new charges, and that the new charges will take effect 14 days following publication of that notice.

Procedural Motion

Moved Cr Guise, Seconded Cr Newton

That the Motion be referred back to a Council Forum.

CarrieD UNANIMOUSLY

File Ref:                                              3077 – 13/176713

Responsible Officer:                           A/Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Hayden, Seconded Cr Zappa

That Council ENDORSES the Community Safety and Crime Prevention Plan for the City of Wanneroo for 2014 – 2017 as detailed in Attachment 1.

Carried Unanimously

File Ref:                                              4758 – 13/185136

Responsible Officer:                           A/Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Cvitan, Seconded Cr Newton

That Council:-

1.       APPROVES the variation of the existing lease to the Wanneroo Districts Rugby Union Football Club (Inc.) to incorporate an additional portion of  Lot 555, Reserve 28058, Kingsley, Madeley (refer to Attachment 1) into the leased premises for the remainder of the term of the lease, in accordance with the City's Tenancy Policy for a 'Not-for-Profit' organisation and subject to the Minister for Lands approval providing that the relevant Approval to Commence Development and Building Licence is granted to the club; and

2.       AUTHORISES the affixing of the Common Seal of the City of Wanneroo to a Deed of Variation of lease between the City and the Wanneroo Districts Rugby Union Football Club (Inc.) in accordance with the City's Execution of Documents Policy.

Carried Unanimously

File Ref:                                              9622 – 13/154332

Responsible Officer:                           A/Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Guise, Seconded Cr Cvitan

That Council:-

1.       NOTES the Deed of Agreement dated 9 October 2001 between the City of Wanneroo, Western Australian Land Authority (Landcorp) and Enterprise Park Business Association;

2.       AUTHORISES the dedication of the whole of Lots 65 (60) and 66 (20) Hartman Drive, Wangara, as shown on Plan 17246 as road reserve under section 56 of the Land The City Act 1997;

3.       AUTHORISES the dedication of the whole of Lot 302 (1486) Ocean Reef Road, Wangara, as shown on Deposited Plan 51090 as road reserve under section 56 of the Land The City Act 1997;

4.       AUTHORISES the Chief Executive Officer and Mayor to affix the common seal of the City of Wanneroo to any associated documentation relating to the dedication of Lots 65 and 66 Hartman Drive and Lot 302 Ocean Reed Road, Wangara as road reserve;

5.       AUTHORISES the Chief Executive Officer and Mayor to affix the common seal of the City of Wanneroo to any associated documentation relating to the termination of the Deed of Agreement dated 9 October 2001 between the City of Wanneroo, Western Australian Land Authority (Landcorp) and Enterprise Park Business Association Ltd;

6.       NOTES the City agrees to continue to maintain the existing landscaping on Lot 65 (60) and 66 (20) Hartman Drive, Wangara following dedication to the agreed standard under the Deed of Agreement dated 9 October 2001; and

7.       INDEMNIFIES the Minister for Lands against any claim for compensation arising from the dedication of Lots 65 (60) and 66 (20) Hartman Drive, Wangara as road reserve.

Carried Unanimously

File Ref:                                              4563 – 13/181170

Responsible Officer:                           A/Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Driver, Seconded Cr Parker

That Council:-

1.       APPROVES the leasing of Office One at the Jenolan Way Community Centre, Merriwa to Ngala Inc for a term of three (3) years commencing 1 January 2014, in accordance with the City's Tenancy Policy under the 'Government' category;

2.       AGREES that either party may terminate the lease agreement during the second and third years by giving not less than three (3) months notice in writing to the other party; and

3.       AUTHORISES the affixing of the Common Seal of the City of Wanneroo to a lease between the City and Ngala Inc in accordance with the City's Execution of Documents Policy.

Carried Unanimously

File Ref:                                              5583 – 13/185559

Responsible Officer:                           A/Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Smithson, Seconded Cr Parker

That Council:-

1.       APPROVES the leasing of portion of the Clarkson Youth Centre, 59 Key Largo Drive, Clarkson known as Office Two as per Attachment 1 to Youth Futures WA (Inc) for a term of two (2) years commencing 1 January 2014, in accordance with the City's Tenancy Policy under the 'Government' category, subject to the consent of the Minister for Lands; and

2.       AUTHORISES the affixing of the Common Seal of the City of Wanneroo to a lease between the City and Youth Futures WA (Inc) in accordance with the City's Execution of Documents Policy.

Carried Unanimously

File Ref:                                              8179 – 13/186185

Responsible Officer:                           A/Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Guise, Seconded Cr Newton

(Administrative Amendment to Recommendation)

To delete Recommendation 2.c) and approve by Simple Majority.

That Council:-

1.       NOTES that, with reference to Resolution CB04-04/13(2)(b), Hughie William Collins has withdrawn his proposal to purchase part of the 215m² portion (approximate, subject to survey) of Reserve 33522 as is wholly comprised in Lot 9062 on Deposited Plan 180865 (being whole of the land comprised in Qualified Certificate of Crown Land Title Volume LR3047 Folio 113) ("Lot 9062");

2.       SUBJECT to no submissions being received pursuant to the advertising resolved by Resolution CB04-04/13(1), RESOLVES THAT:

a)      Resolution CB04-04/13(2)(a) will be implemented by the City;

b)      CONSENTS to the disposal of Lot 9062 by the Minister for Lands to the adjacent owners, Andrew John Ayling and Sheila Ayling; and

c)      DELEGATES BY ABSOLUTE MAJORITY to the Chief Executive Officer, if required by the Minister for Lands, the authority to indemnify the Minister for Lands against any claim for compensation arising from the cancellation of the portion of Reserve 33522 wholly comprised in Lot 9062; and

3.       NOTES, in the event that submissions are received pursuant to the advertising resolved by Resolution CB04-04/13(1), a further report will be presented to Council for consideration.

Carried Unanimously

File Ref:                                              3888 – 13/198269

Responsible Officer:                           Director, City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Parker, Seconded Cr Newton

That Council:-

1.       Pursuant to Section 6.8(1)(b) of the Local Government Act 1995 APPROVES BY ABSOLUTE MAJORITY the expenditure of $200,000 for the replacement of approximately 770 metre section of the southern perimeter fence of Marangaroo Golf Course; and

2.       NOTES the following budget variation as follows:

3.       NOTES the calling of tenders for the replacement of the approximately 770 metre section of southern perimeter fence of Marangaroo Golf Course.

Carried by Absolute Majority

13/0

File Ref:                                              10656 – 13/179107

Responsible Officer:                           Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Hayden, Seconded Cr Truong

That Council AGREES to the reallocation of funds between approved project accounts in the 2013/2014 Capital Works Program to address changes in design and documentation scope which have arisen from a detailed review of the works program as outlined below:

EXPENDITURE

Carried Unanimously

File Ref:                                              7498V03 – 13/181745

Responsible Officer:                           Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Newton, Seconded Cr Guise

That Council:-

1.       APPROVES Stage 2 works for hard and soft landscaping of Wanneroo Road verges from Church Street to Dundebar Road and Noonan Drive to Crisafulli Avenue, Wanneroo, relating to the Wanneroo Road Town Centre Streetscape Masterplan as shown at Attachment 2 - City of Wanneroo Drawing No 2575-6-0;

2.       SEEKS endorsement from Main Roads WA of the Stage 2 works for landscaping of Wanneroo Road verges from Church Street to Dundebar Road and Noonan Drive to Crisafulli Avenue, Wanneroo, relating to the Wanneroo Road Town Centre Streetscape Masterplan prior to advancing implementation;

3.       ENDORSES undertaking Stage 2 works through panel contracts for hard and soft landscaping of Wanneroo Road verges from Church Street to Dundebar Road and Noonan Drive to Crisafulli Avenue, Wanneroo, as shown at Attachment 2 – City of Wanneroo Drawing No 2575-6-0; and

4.       ADVISES the Member for Wanneroo and property owner/occupiers of immediately adjacent properties of Council's decision.

Carried Unanimously

File Ref:                                              3120V03 – 13/109998

Responsible Officer:                           Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Zappa, Seconded Cr Hayden

That Council:-

1.       SUPPORTS the reduction of the posted speed limit on Kingsway, Landsdale Road, Furniss Road and Driver Road from 60km/h to 50km/h; and

2.       REQUESTS Main Roads WA undertake a speed zone review of Kingsway, Landsdale Road, Furniss Road and Driver Road with the intent of reducing the speed limit from 60km/h to 50km/h.

Carried Unanimously

File Ref:                                              6923 – 13/140704

Responsible Officer:                           Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Parker, Seconded Cr Winton

That Council:-

1.       ENDORSES the following City of Wanneroo bicycle network projects being submitted for funding consideration from the Perth Bicycle Network Local Government Grants Program 2014/2015;

2.       NOTES that provision will be required in the draft 2014/2015 Pathways (Road Reserve) Capital Works Program to accommodate the three proposed path infrastructure projects to replace the three existing ineligible projects currently in the draft 2014/2015 Pathways (Road Reserve) Capital Works Program, subject to a funding contribution approved through the Perth Bicycle Network Local Government Grants Program 2014/2015; and

3.       LISTS an amount of  $50,000 for consideration in the draft 2014/2015 Budget for the development of a new City of Wanneroo Cycle Plan, subject to an equal funding contribution approved through the Perth Bicycle Network Local Government Grants Program 2014/2015.

Carried Unanimously

File Ref:                                              8053 – 13/140714

Responsible Officer:                           Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Smithson, Seconded Cr Hewer

That Council:

1.       NOTES that the responses to the request for public submissions on the part closure of the Brady Street/Ocean Reef Road intersection to prevent vehicles turning right from Brady Street onto Ocean Reef Road, in the main, do not support the part closure;

2.       DOES NOT PROCEED with the part closure of the Brady Street/Ocean Reef Road junction to prevent vehicles turning right from Brady Street onto Ocean Reef Road; and

3.       ADVISES the residents of Shiraz Boulevard, Pearsall and Wanneroo Business Association of Council's decision.

Amendment

Moved Cr Newton, Seconded Cr Cvitan

To add a new recommendation 3. and renumber accordingly.

That Council:-

1.         NOTES that the responses to the request for public submissions on the part closure of the Brady Street/Ocean Reef Road intersection to prevent vehicles turning right from Brady Street onto Ocean Reef Road, in the main, do not support the part closure;

2.         DOES NOT PROCEED with the part closure of the Brady Street/Ocean Reef Road junction to prevent vehicles turning right from Brady Street onto Ocean Reef Road; and

3.       REQUESTS Main Roads WA to reduce the speed limit on Ocean Reef Road between Wanneroo Road and Lenore Road from 80kph to 70kph; and

3. 4.   ADVISES the residents of Shiraz Boulevard, Pearsall and Wanneroo Business Association of Council's decision.

CARRIED

12/1

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

Against the motion:   Cr Hayden

The amendment became the substantive motion.

CARRIED

12/1

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

Against the motion:   Cr Hayden

File Ref:                                              2093V02 – 13/168043

Responsible Officer:                           Director, Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Driver, Seconded Cr Zappa

That Council:-

1.       NOTES the change in the predominant use of Lots 1101-1147 DP74403 Landsdale Road, Darch, Lots 209-215, 225-231 DP76950 Aviator Boulevard, Clarkson and 35-43, 46-55, 206-208, 232-241, 249-258, 267-273, 9005 and 9500 DP76936 Marmion Avenue, Tamala Park.

2.       RECOMMENDS to the Minister of the Department of Local Government  and Communities that, pursuant to Section 6.28 of the Local Government Act 1995, the method of valuation for the property outlined in 1. above be changed from unimproved value to gross rental value; and

3.       NOTES that the effective date of the new method of valuation for the property outlined in 1. above to be the date of gazettal.

Carried Unanimously

File Ref:                                              1859 – 13/176085

Responsible Officer:                           Director, Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Zappa, Seconded Cr Truong

That Council RECEIVES the Financial Activity Statements and commentaries on variances to Year to Date Budget for the period ended 30 September 2013, consisting of:

·        Annual Adopted Budget,

·        September 2013 Year to Date Budget,

·        September 2013 Year to Date Income and Expenditures,

·        September 2013 Year to Date Material Variance Notes, and

·        September 2013 Year to Date Net Current Assets.

Carried Unanimously

File Ref:                                              1859 – 13/201545

Responsible Officer:                           Director, Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Zappa, Seconded Cr Parker

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