CB06-04/14 PT05-03/14 Request for Action – Noise and Chemical Emissions from Landsdale Industrial Area Impacting on Adjacent Residential Area

1.         Is the City aware of not just the noise but the chemical issue coming from one factory in particular in the Landsdale industrial area which is quite devastating to one strip of housing?  What is being done about the air pollution complaint?

Response by Director, City Businesses

The City is aware of the chemical issues and have followed this up by letter and conversations with staff of the Department of Environmental Regulation (DER) who hold the licence for those factories and who follow up on any potential issues.

2.         Having been told there is no evidence to lay a legitimate complaint with the noise emissions, could the investigation of the chemical complaints be timed for when the plume of cloud is in operation, or is that something to do with the DER and not the City?

Response by Director, City Businesses

The City has asked the DER that question but have not received an answer as yet.

3.         Why is there no allowance made for night noise and air pollution restraints in the current licence for Meneghello's Galvanizing Service?  Their current licence states under the heading 'Noise' there are no restrictions placed at this time.  

Response by Director, City Businesses

Noise restrictions apply after 7:00pm at night and before 7:00am in the morning.  The City installed noise machines in the area to see if this business was operating outside of those hours but the machines did not pick anything up.

4.         Are the licences similar for other businesses in the area, such as CMI Metals and Hanson Cement that are operating night shifts and creating noise all through the night?

Response by Director, City Businesses

Yes.  The City is aware of some of those issues but have not been able to obtain evidence of this.

5.         Are residents able to investigate using video for example, or is that illegal?

Response by Director, City Businesses

The machines the City uses are calibrated and the evidence is admissible in court.  Video recorders or similar devices would not be taken as admissible evidence as they are not calibrated.  The right equipment has to be used to be able to prosecute.

6.         When it is a particularly bad night from clanging of heavy objects and residents ring the after hours number, there is no one that can come immediately.  Can we get access to someone to come out when the noise is occurring and witness it?

Response by Director, City Businesses

The challenge is around the number of people the City has available to deploy as the Rangers are a limited resource to cover a large City.  The City is willing to work with residents to come up with a solution and can discuss this separately. 

7.         It seems the businesses are given a preference over residents who have a grievance.  Is this correct or are the residents given equal consideration?

Response by Mayor Roberts

Would certainly hope that is not the case and that the City does listen to its residents.

Response by Director, City Businesses

The City has expended considerable time investigating complaints to try and identify the culprits and have had noise machines at three different properties over three weekends but have not been able to gather enough evidence.

8.         As the amount of noise from the galvanising service is dependent on the types of metals being galvanised, it is important to find a way to have an open means of communication with the City so someone can act on it straight away. 

Response by Mayor Roberts

The process would be to alert the City at the time the noise is occurring.

CB06-04/14 PT05-03/14 Request for Action – Noise and Chemical Emissions from Landsdale Industrial Area Impacting on Adjacent Residential Area

1.         Following the unsuccessful noise monitoring, no follow-up questions were made to residents about the samples that were taken. 

One example amongst several was the noise of forklifts operating being taken to be road noise from trucks reversing which would be exempt. Why was that assumption made rather than querying this with residents?

Response by Director, City Businesses

There are some very strict rules about what can be classed as background noise and what can’t be and the City is held to account on this.

2.         It has been stated that the electronic noise monitoring was unable to pinpoint the source of the noise.  If there were two dogs barking at separate houses how would the City be able to tell which one was the loudest?  Why depend on a machine to tell where the noise is coming from?

Response by Director, City Businesses

Machines are the first legal step taken in the process.  There are other steps over and above that which can be discussed in a smaller group rather than in an open forum as some are covert measures.

3.         The DER only cover visible plumes beyond the fenceline.  If it is a toxic plume, whether visible or not, at what point does Council have the ability to step up?

Response by Director, City Businesses

The DER regulations are quite strict.  The businesses that carry out these activities have to abide by certain conditions which include filtering of the emissions etc.  Any breach of that has to be raised with DER and if the City found that during the course of their investigation a breach occurred then the DER would be notified straight away. 

4.         Does Meneghellos Galvanising Service have approval to carry out such works?

Response by Director, Planning and Sustainability

Yes, approvals were issued in 1990 for a factory unit for the galvanising premises and in 1992 extensions were approved.

5.         This area is zoned industrial.  Is it possible to have this area deemed to be purely storage yards, as was originally intended, or light industrial to prevent this problem happening when new businesses move into the vacant properties? 

Response by Director, Planning and Sustainability

Yes, however if Council were to rezone the land and change the permissibility of land uses that could occur in that area, this would not result in any retrospective change to existing approved businesses, which would be entitled to continue operating.  If Council is of a view to take that approach, then it would need to be thoroughly investigated.

It is worth noting that when the nearby residential subdivision was approved by the Western Australian Planning Commission in 2004, there was a condition imposed, to be cleared by the WAPC itself, that required memorials to be placed on titles of the residential properties forewarning of the likely impact on amenity as a result of the nearby industrial area, particularly in relation to noise.  The interim mixed business zone between the heavy industrial area and residential properties was intended to provide a land-use buffer interface between the industrial and residential zones, although if the emissions from the industrial zone are passing over the mixed business area, then it is probably somewhat ineffective.

6.         There does not appear to be any mixed business, it is heavy industrial.  Most other industrial areas around Perth where residents live nearby, the perimeter is mainly shops or storage areas, not manufacturing. 

Response by Director, Planning and Sustainability

It is important to distinguish between activities that create noise and those that are actually allowed under the City's Planning Scheme in different zones.  Just because an activity manufactures something or does generate noise or operates 24 hours a day does not mean that it is a type of use that cannot be approved in that area.  The City's compliance staff do conduct audits if complaints are received that businesses are operating in the mixed business area without approval, or which are industrial in nature.  Any such complaints should be reported to the City's Planning Compliance staff.

7.         Which area deals with this as over the years people have contacted Council and been sent from one area to another?

Response by Director, Planning and Sustainability

If the query relates to whether a land use should be within a particular zone or not, that sits with the Planning and Sustainability Directorate.

Quinns Beach and Ocean Pools

1.         Are the feasibility studies for wave motion and currents for Quinns Beach completed and available to the public?

Response by Mayor Roberts

They are completed and available on the City's website.

2.         Will Council be following Cottesloe's beach studies on their ocean pools down there?

Response by Director, Planning and Sustainability

The City is conducting its own research by engaging a consultant to investigate the feasibility of establishing a tidal pool along the City's coastline, in accordance with a recommendation of the Coastal Management Plan.

3.         There is a meeting next week with Cottesloe Council, if the studies are going for Cottesloe would Wanneroo Council be following their steps in an ocean pool?

Response by Director, Planning and Sustainability

Administration cannot speak for what Council would do, but Administration could review the material that the Town of Cottesloe produces to determine if it is relevant to the City's own investigations, but otherwise the City will conduct this project independently, based on the City's own coastline.

4.         If there was to be one, where would an ocean pool be put?

Response by Mayor Roberts

The City will wait for the professional reports.  It has to be mindful of the erosion issues.

Rubbish bins at Dewars Track

1.         Will any rubbish bins be placed along the Dewars Track?

Response by Director City Businesses

There are no plans currently for rubbish bins on that track.

2.         Everyone is taking their rubbish to the IGA and the bins are overflowing every weekend.

Response by Director City Businesses

Thank you for bringing that to the City's attention, it will be raised with the shopping centre.

Mobile coffee trading business

1.         Can the CEO confirm that an email sent on 17th April from myself, has been received?

Response by Chief Executive Officer

Question taken on notice.

Further Response by Director City Businesses

Yes the City received the email.

2.         When will a response be received to that email which requested a review of the decision by the City of Wanneroo that has instantly taken away the ability to earn an honest income and that has killed the future of my non-franchise small business?

Response by Director City Businesses

Under the regulations, the City required a response to a number of items and a response was not provided, even though an extensive amount of time was given. Process needed to be followed.

Response by Mayor Roberts

It is suggested that you meet with Mr Morrison if you have concerns with his response.

3.         Will the City of Wanneroo make available the findings of a traffic audit report that the City's Traffic Engineer has cited that determines that vehicles starting and stopping at a location on Marmion Avenue in Alkimos, in an "uncontrolled manner" where the coffee trailer is offset from the road reserve a minimum distance of 12.2m?

Response by Director, Infrastructure

Question taken on notice.

Further Response by Director, Infrastructure

The traffic assessment undertaken by the City's Transport and Traffic section highlighted the following issues

·         There are no designated access or egress points so these could not assessed from a safe sight distances perspective. This is important when considering the speed and volume of traffic using Marmion Avenue

·         Potential for pedestrians to cross a busy, high speed road without designated safe crossing facilities

·         Vehicles accelerating/ decelerating with limited traction on what appears to be a sand and/or limestone verge area.

·         Vehicles stopping within the clear zone.

·         Potential for u-turns on a busy high speed road.

·         Potential for unexpected rapid braking on busy high speed road.

·         Angle of re-entry onto Marmion Avenue is uncontrolled and observation angle may limit driver vision when pulling back on to Marmion Avenue.

·         High traffic volumes on Marmion Avenue during hours of operation may lead to risk taking by drivers attempting to rejoin traffic on Marmion Avenue.

4.         How does the City of Wanneroo justify the following statement in a letter dated 8 January 2014 - "Health Services looks forward to a positive and working relationship with you and wishes your business every success in the future"? The experience to date has been a relentless pursuit to close the business down as well as recent suggestions by the Senior Environmental Health Officer that there is a concern that the business will attract rats into the mobile coffee trailer, which would lead to the potential of rat urine in the coffee beans?

Response by Director, City Businesses

Please refer to correspondence that was supplied regarding this matter.

5.         How does the City of Wanneroo justify the impersonal and insensitive approach taken on 16 April 2014 where a representative of the City dressed in board shorts and a surf rash vest hand-delivered a letter that instantly shut down the business and my ability to earn an income?

Response by Director, City Businesses

Question taken on notice.

Further Response by Director, City Businesses

This item is subject to a dispute raised and is being investigated.

6.         Why does the City of Wanneroo not have a register of mobile food vendors that have been approved for particular locations available to the public?

Response by Director, City Businesses

Question taken on notice.

Further Response by Director, City Businesses

The City keeps a register of all mobile food vendors that have been approved to trade within the City of Wanneroo and who have given consent to be placed on the register. The register is available to the public on request however is not accessible via the City's website at this stage.

7.         Why has the City of Wanneroo not embraced the concept of mobile vending, similar to that of the City of Perth, the City of Fremantle and the mobile vending trial at Curtin University where quality food and coffee has been provided in areas where there is a lack of brick and mortar infrastructure and where mobile vendors operate at times that are more suited to the needs of the local residents?

Response by Director, City Businesses

Question taken on notice.

Further Response by Director, City Businesses

The City has an extensive range of licensed mobile vendors and actively supports valid applications.

8.         Has the City of Wanneroo received any formal complaints about this business other than those of internal Ranger Services?

Response by Director, City Businesses

Question taken on notice

Further Response by Director, City Businesses

This item is not about complaints it is about vendor's applying for and receiving approval. All approved and licensed vendors are welcome.

Moved Cr Cvitan, Seconded Cr Driver

That the minutes of Ordinary Council Meeting held on 1 April 2014 be confirmed subject to  an amendment to Item CQ01-04/14 to replace the wording of the question asked by Councillor Winton with the following wording and to add Councillor Winton's name to the title:-

"Has the recommendation in the LGIS Site Risk Review undertaken which recommended that the City formalise an inspection and maintenance program to include scheduled and documented inspections and maintenance for the Dewars Beach track location, that includes triggers for inspection after user complaints along with storm and or heavy rain events in order to determine the need for corrective maintenance been done and has this been documented?".

Carried Unanimously

Moved Cr Cvitan, Seconded Cr Driver

That the minutes of the Special Council Meeting held on 14 April 2014 be confirmed.

Carried Unanimously

Mayor Roberts stated a trophy had been received from the Local Government Road Safety Awards 2014, "Safe Speeds" presented to the City of Wanneroo for speed limit review project towards zero, by the Institute of Public Works, Engineering Australasia.

Does Council have the capacity to put in place in situ, and leave in situ, or lend to residents, a calibrated machine able to record sound over a period of time, given the case that by the time the Rangers get there the noise has finished?

Response by Director, City Businesses

The noise machines are deployed with residents and left in situ for up to five days.  Longer than that is technically difficult due to the amount of data that is produced, so five days is the optimum time and there are three machines available and they cost approximately $35,000.00 each.

When were those machines deployed and if they have not been successful to date due to a problem with timing, are residents able to provide diaries that would indicate the times, type of noise or incidents so that the City would be in a position to allocate designated staff over a period of time to try to get better information to the responsible regulatory bodies?

Response by Director, City Businesses

As mentioned earlier, the City would be willing to meet with the residents to pinpoint something that would help.

Further Response by Director, City Businesses

The Director has provided contact details to the residents, and is looking into how the City can respond sooner and will be discussing this with ward councillors.

In regard to the public consultation process, is the actual writing of letters to the surrounding land owners part of that and if not, how can that be made to happen?

Response by Director, Planning and Sustainability

Yes, that automatically occurs.  If Council decides to initiate the scheme amendment then adverts will be placed in the local newspapers, a sign or signs erected on site and letters sent to nearby affected landowners.

1.       Would it be true to say that one of the purposes of this plan is to discuss issues in relation to access and recreation?

Response by Director, Planning and Sustainability

I don't have that plan in front of me to be able to comment whether that is the intended purpose of that document.

2.       If access and recreation is one of the purposes discussed in that plan, a particular aspect of that relates to dog exercising.    Why wasn't the Quinns Mindarie Foreshore Management Plan referenced or included in the Coastal Management Plan Part 1 which talked about dog beaches at Quinns and why was it also not referred to in future deliberations in terms of dog extensions at Quinns Beach?

Response by Director, Planning and Sustainability

The Coastal Management Plan covers the entire length of the City's coastline which is approximately 32kms.  It operates at an entirely different scale to the individual foreshore management plans that are in place.  I would need to review the information contained in that foreshore management plan to determine if it warranted any kind of inclusion in the Coastal Management Plan.  The Coastal Management Plan was an extensive body of work concluded after a three month public consultation process and, during that process, this issue was not raised.  Staff did a data capture of all available information that was relevant to the level of detail included in the Coastal Management Plan at the time of preparing that document.  While the Coastal Management Plan may not have referenced specific paragraphs or text within individual foreshore management plans, that data capture did underpin the Coastal Management Plan.

3.       The Quinns Mindarie Foreshore Management Plan specifically refers to dog extensions at Quinns which is the subject of matters that have been before Council, so why was it not identified as pertinent in the Coastal Management Plan when the Quinns issue was discussed and also when it was brought back to Council?  

Response by Director, Planning and Sustainability

The answer to the first part of this question is the same as the one already given. 

In relation to the second part of the question about why the Quinns Mindarie Foreshore Management Plan is not referenced in this report now before Council, the reason is that Administration is not recommending that the dog beach be extended in light of the responses received from the community.  That information can be included in the report if the matter is deferred and Council wishes for more information to be provided.

Cr Zappa presented a petition of 84 signatories requesting a basket ball back board, ring and hard sand area in Ashdale Garden Estate Darch.

Update

Facilities are currently investigating and will provide an update to Council on 27 May 2014.

Cr Guise presented a petition of 233 signatories requesting that the proposed traffic management scheme to install rubberised speed cushions for Drovers Place not be adopted.

Update:

A report will be presented to Council at its meeting on 24 June 2014.

Cr Winton  presented a petition of 309 signatories requesting that no extension to the existing dog beach at Quinns Rocks be granted and that Council instead pursue other options, at other locations, for dog beaches along the City of Wanneroo coastline.

Update:

Report presented as Item PS08-04/14 in this Agenda.

Cr Smithson presented a petition of 13 signatories requesting the installation of traffic calming measures along Tapping Way Quinns Rocks.

Update:

A report will be presented to Council at its meeting on 24 June 2014.

Cr Driver presented a petition of 32 signatories requesting future restrictions of commercial and mixed lots in Boranup Avenue Clarkson.

Update:

Administration anticipates that a report on this matter will be presented to the 27 May 2014 Council meeting.

Cr Newton presented a petition of 517 signatories to support a Medical Centre and Pharmacy to be located at Drovers Place, Wanneroo.

Update:

A Medical Centre and Pharmacy are currently not permissible land uses on the subject sites of Lot 810 (1397) and Lot 811 (1387), Wanneroo Road, Wanneroo pursuant to the Drovers Place Precinct Agreed Structure Plan No. 80. On 4 April 2014 Administration received a proposal to amend ASP 80 by adding 'Medical Centre' and 'Pharmacy' to the list of permissible land uses to allow for these to be carried out on the subject sites.

On 11 April 2014, Administration forwarded a Memorandum to Elected Members, advising of its intention to advertise the proposal under Delegated Authority. If the proponent is successful in amending the Structure Plan, then Administration will be in a position to accept and consider an Application for Planning Approval for a Medical Centre and Pharmacy.

Cr Hewer presented a petition of 150 signatories  to approve lot 133 Village Row Yanchep to be developed into a car park for the Medical Centre and Pharmacy clients.

Update: 

An application for planning approval of a car park has been submitted, however design modifications are required.  The applicant was advised in writing on 10/04/2014 and once amended plans are submitted, the assessment can be finalised and a determination made.

File Ref:                                              3290-1 – 14/84712

Responsible Officer:                           A/Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Parker, Seconded Cr Aitken

That Council AMENDS its previous decision of 26 July 2011 on Amendment No. 1 to the draft East Wanneroo Cell 9 – East Landsdale Local Structure Plan (Item CR03-07/11) and REPLACES that decision with the following:-

1.       Pursuant to Clause 9.6.1 of the City of Wanneroo District Planning Scheme No. 2 RESOLVES that the modified Amendment No. 1 to the draft East Wanneroo Cell 9 – East Landsdale Local Structure Plan No. 57, as submitted by Rowe Group on behalf of Mark Bevan Tilbrook and John Edwin Tilbrook and included as Attachment 3 is SATISFACTORY and SUBMITS three copies of the modified amendment document to the Western Australian Planning Commission for its consideration;

2.       Pursuant to Clause 9.6.5 of the City of Wanneroo District Planning Scheme No. 2, ADOPTS Amendment No. 1 to the draft East Wanneroo Cell 9 – East Landsdale Local Structure Plan No. 57 following adoption of the structure plan amendment by the Western Australian Planning Commission; and

3.       Pursuant to Clause 9.7.1 of the City of Wanneroo District Planning Scheme No. 2 AUTHORISES the Mayor and the Director Planning and Sustainability to SIGN and SEAL the amended documents after the substantive East Wanneroo Cell 9 – East Landsdale Local Structure Plan No. 57 being signed, sealed and certified by Council and the Western Australian Planning Commission.

Carried Unanimously

File Ref:                                              9933 – 13/136831

Responsible Officer:                           A/Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Parker, Seconded Cr Aitken

That Council:-

1.       Pursuant to Section 75 of the Planning and Development Act 2005, INITIATES Amendment No. 137 to District Planning Scheme No. 2 by amending the wording of a condition of Schedule 2 - Section 3 – Special Use Zone (No. 2-3) to the following:

          "The Educational Establishment shall have a maximum of 410 students until 31 December 2016, at which point, after this date the Educational Establishment shall revert to a maximum of 290 students, unless Council otherwise approves an extension to this timeframe."

2.       Pursuant to Section 81 of the Planning and Development Act 2005, FORWARDS Amendment No. 137 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. 137 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. 137 to District Planning Scheme No. 2 to the Western Australian Planning Commission for its information.

1.                         

Carried Unanimously

File Ref:                                              9719 – 13/183218

Responsible Officer:                           A/Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Parker, Seconded Cr Aitken

That Council:-

1.       Pursuant to Section 75 of the Planning and Development Act 2005 INITIATES Amendment No. 136 to District Planning Scheme No. 2 to zone and code Lot 800 (30) Crabtree Street, Alexander Heights as 'Residential, R40';

2.       Pursuant to Section 81 of the Planning and Development Act 2005 REFERS Amendment No. 136 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. 136 to District Planning Scheme No. 2 for public comment for a period of 42 days, pursuant to Regulation 25(2) of the Town Planning Regulations 1967; and

4.       FORWARDS a copy of Amendment No. 136 to District Planning Scheme No. 2 to the Western Australian Planning Commission for information.

Carried Unanimously

File Ref:                                              7067 – 14/32068

Responsible Officer:                           A/Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Cvitan, Seconded Cr Zappa

That Council:-

1.       NOTES the submissions received as summarised in Attachment 2 and Attachment 3 in respect to the proposed closure of the pedestrian access way formally known as Lot 56 (17P) Grevillea Court, Wanneroo and portion Lot 55 (46P) Canna Place, Wanneroo, and ENDORSES Administration's responses to those submissions;

2.       DOES NOT SUPPORT the closure of the Pedestrian Accessway formally known as Lot 56 (17P) Grevillea Court, Wanneroo and portion Lot 55 (46P) Canna Place, Wanneroo, between Grevillea Court and Vincent Road, where identified on the plan included as Attachment 1; and

3.       ADVISES the applicants, Department of Lands, Department of Planning, all adjoining landowners and the submitters of its decision.

Amendment

Moved Cr Newton, Seconded Cr Guise

To add recommendation 4.

4.       REQUESTS Administration to review Pedestrian Accessway access and report to Council on the outcome of the review by March 2015.

Carried Unanimously

Substantive Motion as Amended

That Council:-

1.       NOTES the submissions received as summarised in Attachment 2 and Attachment 3 in respect to the proposed closure of the pedestrian access way formally known as Lot 56 (17P) Grevillea Court, Wanneroo and portion Lot 55 (46P) Canna Place, Wanneroo, and ENDORSES Administration's responses to those submissions;

2.       DOES NOT SUPPORT the closure of the Pedestrian Accessway formally known as Lot 56 (17P) Grevillea Court, Wanneroo and portion Lot 55 (46P) Canna Place, Wanneroo, between Grevillea Court and Vincent Road, where identified on the plan included as Attachment 1; and

3.       ADVISES the applicants, Department of Lands, Department of Planning, all adjoining landowners and the submitters of its decision.

4.       REQUESTS Administration to review Pedestrian Accessway access and report to Council on the outcome of the review by March 2015.

That the substantive motion was put as amended and

Carried Unanimously

File Ref:                                              12960 – 14/74682

Responsible Officer:                           A/Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Zappa, Seconded Cr Hayden

That Council:-

1.       NOTES the submissions received as summarised in Attachment 3 in respect to the proposed closure of the pedestrian access way formally known as Lot 55 (56P) Burbridge Avenue, Koondoola, and ENDORSES Administration's responses to those submissions;

2.       SUPPORTS the proposed closure of the pedestrian access way formally known as Lot 55 (56P) Burbridge Avenue, Koondoola, where identified in Attachment 1, and FORWARDS the proposal to the Western Australian Planning Commission for its endorsement;

3.       Subject to the closure of the pedestrian access way formally known Lot 55 (56P) Burbridge Avenue, Koondoola being endorsed by the Western Australian Planning Commission, AUTHORISES Administration to request the Minister for Lands amalgamate Lot 55 into the adjoining Lot 9335; and

4.       INDEMNIFIES the Minister for Lands against any claim for compensation arising from the closure.

Carried Unanimously

File Ref:                                              5523 – 14/67052

Responsible Officer:                           A/Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Smithson, Seconded Cr Newton

That Council:-

1.       NOTES the submissions received in respect of the proposed southern extension of the Quinns dog beach, included in Attachment 2 and ENDORSES Administration's responses to those submissions;

2.       DOES NOT EXTEND the Quinns dog beach 320 metres immediately south of the existing Quinns dog beach; and

3.       NOTIFIES submitters and petition conveners of Council's decision.

Amendment

Moved Cr Driver, Seconded Cr Parker

That the recommendation be amended to insert a new recommendation 3. and renumber the current recommendation 3. to recommendation 4.:

3.       Gives NO FURTHER consideration to extending the dog beach at Quinns Beach in light of 2 above and REQUIRES Administration to investigate the opportunity for additional dog beach locations along the City's foreshore as part of the preparation of the Coastal Management Plan (Part 2); and

Carried Unanimously

Amendment

Moved Cr Winton, Seconded Cr Hayden

That the recommendation be amended to insert a new recommendation 4. and renumber the current recommendation 4. to recommendation 5.:

4.       REQUEST Administration implement recommendation 3 from the Coastal Management Plan Part 1 immediately and report back to Council by 22nd July on the progress made.

carried

13/2

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

Against the motion:   Cr Aitken, Cr Parker

Substantive Motion as Amended

That Council:-

1.       NOTES the submissions received in respect of the proposed southern extension of the Quinns dog beach, included in Attachment 2 and ENDORSES Administration's responses to those submissions;

2.       DOES NOT EXTEND the Quinns dog beach 320 metres immediately south of the existing Quinns dog beach;

3.       Gives NO FURTHER consideration to extending the dog beach at Quinns Beach in light of 2 above and REQUIRES Administration to investigate the opportunity for additional dog beach locations along the City's foreshore as part of the preparation of the Coastal Management Plan (Part 2);

4.       REQUEST Administration implement recommendation 3 from the Coastal Management Plan Part 1 immediately and report back to Council by 22nd July on the progress made; and

5.       NOTIFIES submitters and petition conveners of Council's decision.

That the substantive motion was put as amended and

Carried Unanimously

File Ref:                                              6903 – 14/105144

Responsible Officer:                           A/Director, Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Guise, Seconded Cr Truong

That Council pursuant to Section 6.8(1)(b) of the Local Government Act 1995, APPROVES BY ABSOLUTE MAJORITY expenditure of $79,070 excluding GST and including contingent sum of $3000 for the installation of a 24kw roof-mounted solar panel system with 30kw inverter each at the Clarkson Library and Kingsway Regional Sporting Complex.

Amendment

Moved Cr Winton, Seconded Cr Zappa

To include a recommendation 2. as follows:-

2.         REQUEST Administration report on the proposed investment plan for the Sustainability Investment Fund (SIF),  for the 2014/2015 year to Council by December 2014.

Carried Unanimously

Substantive Motion as Amended

That Council:-

1.       Pursuant to Section 6.8(1)(b) of the Local Government Act 1995, APPROVES BY ABSOLUTE MAJORITY expenditure of $79,070 excluding GST and including contingent sum of $3000 for the installation of a 24kw roof-mounted solar panel system with 30kw inverter each at the Clarkson Library and Kingsway Regional Sporting Complex; and

2.       REQUEST Administration report on the proposed investment plan for the Sustainability Investment Fund (SIF),  for the 2014/2015 year to Council by December 2014.

That the substantive motion was put as amended and

CARRIED BY ABSOLUTE MAJORITY

15/0

File Ref:                                              2366V13 – 14/88330

Responsible Officer:                           Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Zappa, Seconded Cr Treby

That Council:-

1.         NOTES the action taken by administration in undertaking noise readings from the Landsdale Industrial Area to determine if those levels comply with the Environmental protection (Noise) Regulations 1997 when received by residents of Darch;

2.         NOTES that administration will meet with Meneghello's management to come to a possible agreement regarding their opening hours and methods of reducing noise and chemical emissions;

3.         NOTES that administration will forward correspondence to the Department of Environment Regulation seeking assistance from their licensing and noise departments to manage noise and chemical emissions from the Landsdale Industrial Area and to ensure all conditions contained within the Meneghello Galvanizing Services licence are being complied with;

4.         ADVISES the petition organiser of Council’s decision; and

5.         NOTES administration will produce and forward a pamphlet to all business owners in the Landsdale Industrial area seeking assistance in reducing noise for nearby residents.

Procedural Motion

Moved Cr Nguyen, Seconded Cr Hayden

That the Motion be deferred to the next Council meeting to seek further legal advice.

Carried Unanimously

File Ref:                                              2323V04 – 14/92157

Responsible Officer:                           Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Hewer, Seconded Cr Smithson

That Council:-

1.       GRANTS an exemption under the City of Wanneroo Animal Local Laws 1999 made under Section 26(3) of the Dog Act 1976 to keep more than two dogs at the following properties:

1 Kilto Pass, Tapping;

4 Ferry Way, Quinns Rocks;

18 Gazelle Place, Marangaroo;

8 Tarra Close, Clarkson;

3 Atala Place, Marangaroo;

39 Donnelly Ramble, Wanneroo;

1 Sawtooth Bend, Banksia Grove;

17 Cornhill Crescent, Alexander Heights; and

19 Greenhaven Glade, Carramar

2.       ADVISES that the exemption relating to the nine properties in Recommendation    1 are subject to the following specified conditions:

a)      If any one of the dogs die or is no longer kept on the property, no replacement is to be obtained;

b)      Any barking by the subject dogs is to be kept to a minimum;

c)      This exemption may be varied or revoked if any complaints are received which are considered reasonable; and

d)      Any and all unregistered dogs are to be registered with the City of Wanneroo within 14 days;

3.       ADVISES all adjoining neighbours of these decisions in relation to all the properties listed in the above recommendations.

Carried Unanimously

File Ref:                                              8643V02 – 14/85529

Responsible Officer:                           Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Hewer, Seconded Cr Smithson

That Council:-

1.       ENDORSES the alternate concept design plans for the duplex chalets/units at the Quinns Rocks Caravan Park (included as Attachments 3 and 4 in lieu of the plans endorsed on 5 February 2013); and

2.       NOTES the concept plans contained in Attachments 3 & 4 will be submitted  (on a without prejudice basis) to the Western Australian Planning Commission for development approval up to 5 duplex chalets/units at the Quinns Rocks Caravan Park.

Carried Unanimously

File Ref:                                              4606 – 14/91769

Responsible Officer:                           Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Hewer, Seconded Cr Smithson

That Council:-

1.       AGREES in principle to the leasing of the site currently occupied by Crown Castle Australia Pty Ltd to Crown Castle Australia Pty Ltd on a commercial basis for a term of five (5) years commencing 1 May 2014, with an option to renew for a further term of five (5) years, subject to the requirements of Section 3.58(3) of the Local Government Act 1995 and the approval from the City of Joondalup, City of Perth, City of Stirling, Town of Victoria Park, City of Vincent and Town of Cambridge;

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.       In the event there are no submissions, NOTES the Chief Executive Officer, under delegated authority, can approve the lease; and

4.       NOTES that if any submissions or comments are received, a further report will be presented to Council for consideration.

Carried Unanimously

File Ref:                                              1859 – 14/93089

Responsible Officer:                           Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Cvitan, Seconded Cr Driver

That Council pursuant to Section 6.12(1)(c) of the Local Government Act 1995 WRITES OFF BY ABSOLUTE MAJORITY the outstanding amount of $20,663.05 for sundry debtors, as detailed below:

Carried by absolute majority

15/0

File Ref:                                              10943 – 14/98342

Responsible Officer:                           Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Cvitan, Seconded Cr Driver

That Council:-

1.       AGREES to continue with the construction of the Hartman Drive dual-use pathway west side from Kingsway Regional Sporting Complex entrance to Kingsway, Madeley (PR-2574), and the Hartman Drive pedestrian crossing and dual-use pathway near Russell Road, Madeley (PR-2594) pathway projects, noting that budget increases in order to complete works for each project are required;

2.       APPROVES the deletion of Connolly Drive pedestrian crossing at Hinchinbrook Avenue, Ridgewood (PR-2593) pathway project from the 2013/2014 Capital Works Budget on the basis that all pathway connections and pedestrian crossings will be constructed as part of the proposed Connolly Drive dual carriageway project; and

3.       NOTES the following budget variation to accommodate the shortfall in funding for the construction of the Hartman Drive dual-use pathway west side from Kingsway Regional Sporting Complex entrance to Kingsway, Madeley (PR-2574), and the Hartman Drive pedestrian crossing and dual-use pathway near Russell Road, Madeley (PR-2594) pathway projects as follows:

Carried Unanimously

File Ref:                                              5597 – 13/180547

Responsible Officer:                           A/Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       5         

Moved Cr Cvitan, Seconded Cr Driver

That Council:-

1.       APPROVES the installation of "NO STOPPING” (R5-35) signs on the northeast corner of the Paramount Drive/Achievement Way/Challenger Boulevard roundabout, as shown on City of Wanneroo Drawing No 2855-1-1 (Attachment 5 refers);

2.       APPROVES the installation of “2P” (R5-2) signs on the northern side of Paramount Drive, from the Paramount Drive/Achievement Way/Challenger Boulevard roundabout to 33 Paramount Drive, as shown on City of Wanneroo Drawing No 2855-1-1 (Attachment 5 refers);

3.       APPROVES the installation of "NO STOPPING, ROAD OR NATURE STRIP” (R5-36) signs on the northern side of Paramount Drive, from 33 Paramount Drive to the northwest corner of the Paramount Drive/Achievement Way intersection, as shown on City of Wanneroo Drawing No 2855-1-1 (Attachment 5 refers);

4.       APPROVES the installation of "NO STOPPING, ROAD OR NATURE STRIP” (R5-36) signs on the northeast corner of the Paramount Drive/Achievement Way intersection, as shown on City of Wanneroo Drawing No 2855-1-1 (Attachment 5 refers);

5.       APPROVES the installation of "NO STOPPING, ROAD OR NATURE STRIP” (R5-36) signs on the northwest corner of the Paramount Drive/Motivation Drive intersection, as shown on City of Wanneroo Drawing No 2855-1-1 (Attachment 5 refers);

6.       APPROVES the installation of "NO STOPPING” (R5-35) signs on the east side of Challenger Boulevard and the south side of Paramount Drive, between Challenger Boulevard and Triumph Avenue, as shown on City of Wanneroo Drawing No 2855-1-1 (Attachment 5 refers);

7.       APPROVES the installation of "NO STOPPING, ROAD OR NATURE STRIP” (R5-36) signs on the southeast corner of the Paramount Drive/Triumph Avenue intersection and south along the eastern side of Triumph Avenue for the length of 22 Paramount Drive, as shown on City of Wanneroo Drawing No 2855-1-1 (Attachment 5 refers);

8.       APPROVES the installation of "NO STOPPING” (R5-35) signs along the southern side of Paramount Drive, between Triumph Avenue and 30 Paramount Drive, as shown on City of Wanneroo Drawing No 2855-1-1 (Attachment 5 refers);

9.       NOTES that "NO STOPPING, ROAD OR NATURE STRIP” parking prohibitions already exist on both the southwest and southeast corners of the Paramount Drive/Leadership Way intersection, as shown on City of Wanneroo Drawing No 2855-1-1 (Attachment 5 refers);

10.     APPROVES the installation of "NO STOPPING" (R5-35) signs along the southern side of Paramount Drive, between Leadership Way and Motivation Drive, as shown on the City of Wanneroo Drawing No 2855-1-1 (Attachment 5 refers);

11.     APPROVES the installation of "NO STOPPING, ROAD OR NATURE STRIP” (R5-36) signs at the southwest corner of the Paramount Drive/Motivation Drive  intersection, as shown on City of Wanneroo Drawing No 2855-1-1 (Attachment 5 refers);

12.     APPROVES the installation of “LOADING ZONE” (R5-23) signs on the southern side of Paramount Drive adjacent to 62/66 Paramount Drive, as shown on City of Wanneroo Drawing No 2855-1-1 (Attachment 5 refers);

13.     APPROVES the installation of “2P” (R5-2) signs on the southern side of Paramount Drive, from 30 Paramount Drive to  Leadership Way/Paramount Drive intersection, as shown on City of Wanneroo Drawing No 2855-1-1 (Attachment 5 refers);

14.     ADVISES the owners and business operators along Paramount Drive of Council's decision; and

15.     LISTS for consideration an action to carry out a Wangara Strategic Parking Review in the City's Draft 2014 – 2018 Corporate Business Plan.

Carried Unanimously

File Ref:                                              2308 – 14/101181

Responsible Officer:                           Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Nguyen, Seconded Cr Treby

That Council APPROVES, as an exception to the City's Donations and Waiver of Fees and Charges Policy, a waiver of fees for use of the Addison Park Clubrooms by the North Coastal Women's Shed to a maximum value of $7,410, during the period 1 July to 19 December 2014 from Award Governance Donations Account 717143-1207-316.

Carried Unanimously

File Ref:                                              6520 – 14/83691

Responsible Officer:                           Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       5         

Moved Cr Nguyen, Seconded Cr Treby

That Council:-

1.       ENDORSES the Cheltondale Park redesigned final concept plan depicted as Attachment 4;

2.       NOTES that the development of Cheltondale Park will be carried forward into the 2014/2015 Financial Year; and

3.       RECOGNISES and THANKS the local community for their involvement in the community consultation component of the project.

Carried Unanimously

File Ref:                                              9392 – 14/94190

Responsible Officer:                           Director Community Development

Disclosure of Interest:                         Nil.

Attachments:                                       4         

Moved Cr Nguyen, Seconded Cr Treby

That Council:-

1.       RECEIVES the City of Wanneroo Coastal Risk and Safety Signage Audit (Part 1), including the following reports:

a)      Access and Safety Signage Report # 1 – Mindarie South (Clayton's Beach);

b)      Access and Safety Signage Report # 2 – Two Rocks Cluster;

c)      Access and Safety Signage Report # 3 – Yanchep Cluster;

d)      Access and Safety Signage Report # 4 – Quinns Cluster; and

e)      Coastal Aquatic Risk Assessment – Mindarie South (Claytons Beach)

2.       NOTES that the signage recommendations resulting from the four Access and Safety Signage Reports were fully implemented prior to 1 December 2013;

3.       NOTES that the implementation of the Coastal Aquatic Risk Assessments has been listed on the City's draft Ten Year Capital Works Program, with a annual capital budget allocation of $75,000 to facilitate the implementation of the outcomes, commencing in the 2014/15 financial year;

4.       NOTES that the Request for Quotation process for the appointment of a consultant to complete the City of Wanneroo Coastal Risk and Safety Signage Audit (Part 2) – Coastal Aquatic Risk Assessments will be completed by the end of April 2014; and

5.       SUPPORTS the development of a Beach Policy once the City of Wanneroo Coastal Risk and Safety Signage Audit (Part 2) – Coastal Aquatic Risk Assessments has been completed, which is anticipated to be by September 2014.

Carried Unanimously

File Ref:                                              1494 – 14/101426

Responsible Officer:                           Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Nguyen, Seconded Cr Treby

That Council:-

1.       NOTES that $80,000 for the provision of shade sails at Appleby Park is included in the draft 2014/15 10 Year Capital Works Program; and

2.       AUTHORISES the Director Community Development to inform the petition organiser of Council's resolutions regarding petition PT04-03/14.

Carried Unanimously

File Ref:                                              1859 – 14/95853

Responsible Officer:                           Director, Corporate Strategy and Performance

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Zappa, Seconded Cr Aitken

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