Ficus Trees, Russell Road, Madeley

1.           A branch fell on the road during a storm in late November, thankfully not hitting a car or person.  Is liability for the damage that may occur from the Ficus trees the responsibility of the Council or is Council indemnified under the contract with the Arborist conducting the report?  Rates from residents should not be used for any liability costs.

Response by A/Director, Infrastructure

Should someone consider Council to be at fault or liable for the incident and wish to pursue a claim against the City, that person is requested to submit in writing, circumstances surrounding the incident, compensation sought and why that person considers Council responsible, photos and diagrams are helpful and encouraged.

The City will investigate and revert to its insurer who will make a determination on the City's behalf and claimant be advised in due course.  If further information is required, the City will request it accordingly.

2.           The Ficus trees appear to have stress lines on them.

Response by A/Director, Infrastructure

Will ask the arborist to investigate the stress lines on the trees and provide a response in the minutes.

A consultant arborist will be engaged to undertake an inspection of the ficus trees in regards to any structural defects that require attention and provide a written report by 31 December 2014.

Ficus Trees, Russell Road, Madeley

1.            A heavy branch fell on the road in a recent storm.  The height of the trees still needs to be reduced to stop the branches falling onto properties.  What is the City doing about the occurrences as current maintenance is not enough?

Response by A/Director, Infrastructure

Question taken on notice.

Further Response by A/Director, Infrastructure

The City will continue to have the trees assessed on a six monthly basis by an Arborist and works will be carried out as required to ensure that the trees are maintained in accordance with best arboricultural practices.

2.           When are the root barriers going to be installed to protect our properties, which should be done prior to the road maintenance currently being undertaken?

Response by A/Director, Infrastructure

Question taken on notice.

Further Response by A/Director, Infrastructure

The City's arboricultural consultant was contacted in regards to the suitability of installing root barriers and the following advice is provided:

"After looking at the close proximity of the tree trunks to the roadway kerb and fences, it is not recommended to install a linear root barrier along the roadway or fences. To do so will remove all structural supporting roots within the top 600mm of soil rendering the trees a high level of risk of whole tree failure in high wind events.

Root barriers are not an effective long term method of preventing root disturbance as the root barrier often over time gets damaged or moves within the soil, allowing the tree roots to grow over or underneath the barrier. If vehicles drive over the kerb this will loosen the product and therefore become ineffective.

Installing root barrier along the edge of the road may cause a trip hazard and is not recommended."

3.           When will a response regarding the testing of the root samples, taken from properties on 9 October to determine if they were Ficus in origin, be provided?

Response by A/Director, Infrastructure

Question taken on notice.

Further Response by A/Director, Infrastructure

Testing of the root samples is complete and the laboratory has provided a report which is being reviewed by Administration. The property owner who raised the concern will be advised further on or before 17 December 2014.

4.           Roots of the trees are undermining private properties across the road.  What is the City of Wanneroo doing under the duty of care about the damage to the water meters, reticulation, driveways and cracks in bathroom and bedroom ceilings? 

Response by A/Director, Infrastructure

Question taken on notice.

Further Response by A/Director, Infrastructure

Should property owners have concerns that the ficus tree roots are causing structural damage to their properties and related infrastructure, they should contact the City to arrange an inspection on a case by case basis.

Should someone consider Council to be at fault or liable for the incident and wish to pursue a claim against the City, that person is requested to submit in writing, circumstances surrounding the incident, compensation sought and why that person considers Council responsible, photos and diagrams are helpful and encouraged.

The City will investigate and pass to its insurer who will make a determination on the City's behalf and claimant be advised in due course.  If further information is required, the City will request it accordingly.

Ficus Trees, Russell Road, Madeley

Council has recently carried out repairs to the kerbing directly in front of 18 Russell Road, however the driveway crossover at this residence has also been damaged.  When will this be replaced?

Response by A/Director, Infrastructure

Question taken on notice.

Further Response by Director, Corporate Strategy and Performance with input from A/Director Infrastructure

Driveway crossovers are the responsibility of the property owner.  Should the property owner consider the City to be at fault or liable for the repairs to the driveway at 18 Russell Road, Madeley and wish to pursue a claim against the City, the property owner is requested to submit in writing, circumstances surrounding the incident, compensation sought and why the property owner considers the City responsible; photos and diagrams are helpful and encouraged.

Administration will investigate the claim prior to forwarding to its Insurers to make a determination on the City’s behalf.  The claimant will be advised in due course. 

Item PS03-12/14  6 Kingsbridge Boulevard Butler – Proposed Liquor Store and Shopping Centre Extension

Currently there is enough parking for trucks at Coles.  If a liquor store is approved, where will the trucks park then as there won’t be enough parking spaces?

Response by Director, Planning and Sustainability

If the recommendation put to Council is adopted, there would be a condition prohibiting trucks from queuing in Aberdare Lane.  This would mean Coles would have to manage this through the staggering of delivery times.

Item PS03-12/14  6 Kingsbridge Boulevard Butler – Proposed Liquor Store and Shopping Centre Extension

A question was asked at the Briefing Session regarding how many trucks deliver daily to Coles and what additional trucks make deliveries on Sundays.  Has that question been answered?

Response by Director, Planning and Sustainability

Question taken on notice.

Further Response by Director, Planning and Sustainability

This information has been requested from the applicant.  At the time of response The City has not received this and it will be provided once received by the City.

Item PS03-12/14  6 Kingsbridge Boulevard Butler – Proposed Liquor Store and Shopping Centre Extension

1.           A question was asked at the Briefing Session regarding the parking assessment and whether it was undertaken by the applicant or by the City.  The response was that it was performed on behalf of the applicant.  Can you clarify whether the City did it on behalf of the applicant or someone else did it on behalf of the applicant?

Response by Director, Planning and Sustainability

The City did not do the parking assessment.

2.           In that case, is the City able to perform its own car park assessment and if so, could this include after school peak parking as opposed to peak turnover, so that it is based on the actual turnover of cars, rather than turnover of cash?

Response by Director, Planning and Sustainability

It is open to the City to undertake such an assessment should that be necessary.

Response to Petition and Issues at East Wanneroo

1.           In mid-September 2014 Cr Cvitan submitted a petition (PT03-09/14) on behalf of the residents of the City of Wanneroo and you requested a briefing on the issue before responding.  Was a briefing held, what was the outcome and when is it likely the petitioners will receive a response?

Response by Director, Planning and Sustainability

Question taken on notice.

Further Response by Director, Planning and Sustainability

         A Briefing Note on the Crown Mushrooms development application was circulated to Elected Members on 4 September 2014 to provide background information on the proposed development.  No further briefing has been undertaken with Elected Members on this proposed development because the applicant's representative requested that the development application be placed on hold due to the business operator going in to administration.  On 30 October 2014, the applicant submitted a written request to the City advising he wished to withdraw the application.  The application has therefore now been formally withdrawn.  Administration has been awaiting the settlement of the property to be finalised before providing a further briefing to Elected Members. 

It is anticipated a Briefing Note will be provided to Elected Members before the end of the year.     A formal response to the petition will be presented to the February Council Meeting outlining that the development application for Crown Mushrooms has been withdrawn.

2.           In correspondence received from the DG of WAPC on 11 November 2014, it stated the City of Wanneroo, the Water Corporation and the Department of Planning have been tasked with looking at the issues that need to be worked through for the East Wanneroo area.  Can any information or update be provided as to what work has been undertaken and how it is being progressed?

Response by Chief Executive Officer

Myself, together with the Director General of the Department of Planning and the Chief Executive Officer of the Water Corporation and the City’s Director of Planning and Sustainability have met to progress the issues relating to sewerage and water availability for East Wanneroo.  The City’s Director of Planning and Sustainability is working through further issues with staff at the Department of Planning.  We anticipate this will be concluded early next year, and Council should be briefed in January/February with a report following that in terms adopting a policy position.

3.           In further correspondence received from the DG of WAPC on 1 December 2014, it stated that Sue Burrows, Executive Director of Planning for Perth and Peel was to meet with the City of Wanneroo and major service agencies to develop a strategy for progressing objectives for East Wanneroo.  Has this meeting been held and can the City provide any update on the strategy being developed?

Response by Chief Executive Officer

There are various meetings currently underway with the Department of Planning staff, including Sue Burrows, and those meetings will result in a report being presented to Council for discussion in January/February and then a report through to a formal Council meeting. 

4.           Is the timeline for submitting strategy to WAPC at its March 2015 meeting still on schedule?

Response by Chief Executive Officer

That would be best directed to the Western Australian Planning Commission.  It is not appropriate for the City to comment on that organisation’s timetables. 

5.           The understanding was that the strategy came from the City to the WAPC or is that incorrect?

Response by Chief Executive Officer

The City is currently working with the Department of Planning on progressing the East Wanneroo Strategy.  We are working through that at the moment and we are planning to report to our Council on our policy position.  It is unclear as to the Western Australian Planning Commission's timing this in regard.  I can only provide you advice based on the City's of Wanneroo's actions, equally there will be need to be actions undertaken by the Western Australian Planning Commission and the Department of Planning and they are best placed to comment on their timing to undertake those actions.

East Wanneroo Issues

1.           The City of Wanneroo told the landowners close to the town that the land would be “rezoned” for the consolidation of the Wanneroo townsite, which fits in with the WAPC’s current policy.  Those comments were made in 2004.  Ten years later, the City’s rezoning policy 5.3 for the east area of Wanneroo, places the rezoning as the first step but to be paid for by the landowner.  When did the City of Wanneroo decide it was no longer interested in the consolidation of the City area?  If the landowners go to the expense and more time of reaching the first steps of the policy, will the City of Wanneroo respect that effort and money and follow through and support the ratepayers by  approving the rezoning and facilitating the rest of the policy?

Response by Director, Planning and Sustainability

Question taken on notice.

Further Response by Director, Planning and Sustainability

Council has prepared and adopted Local Planning Policy (LPP) 5.3: East Wanneroo to facilitate the proposed urbanisation of East Wanneroo. The Policy supports the future planning of East Wanneroo providing it is undertaken in accordance with LPP 5.3.   The City will assess the various planning documents that will need to be prepared following the MRS Amendment to rezone the land in accordance with District Planning Scheme No. 2 and to relevant City policies. 

2.           The City of Wanneroo employs Town Planners.  If these people don’t do the planning and the landowners now have to do it at their own expense, what exactly do the Town Planners in the City do?

Response by Director, Planning and Sustainability

Question taken on notice.

Further Response by Director, Planning and Sustainability

The City employs a number of Town Planners who are responsible for a range of work including assessing District Planning Scheme Amendments, Structure Plans and Structure Plan amendments, detailed area plans, subdivisions and development applications. The City determines approximately 1500 development applications per year. The City's Town Planners also prepare planning policies and strategies to guide Council's planning decisions.

3.           Why is the policy 5.3 no longer available to be downloaded from the website and is impossible to find?

Response by Director, Planning and Sustainability

Question taken on notice.

Further Response by Director, Planning and Sustainability

LPP5.3: East Wanneroo can be downloaded from the City's website by selecting 'Planning & building', then 'Local planning policies'.

Amenity Block Quinns Beach, litter and traffic infringement

1.           Could the City of Wanneroo investigate a site for an amenities block near Portofinos at Quinns Beach due to the large numbers of people attending that area?

Response by Mayor Roberts

Question taken on notice.

Further Response by Director, Community Development

There are current public facilities available next to the Portofinos Café. The number of facilities is based on an estimation of average visitor numbers. As is always the case for these type of facilities during peak periods, there may be times where patrons need to wait for facilities to be available. It is not practical to provide facilities that meet peak period demands.

An alternative site has not been identified, however it would need to be located close to the existing facilities, given the restrictions on the site due to its proximity to the foreshore.

2.           There is a lot of litter being thrown by people from vehicles onto the road verges.  Litter is also being blown off the trays of uncovered trailers, utes and heavy transport vehicles.  Is it a police matter or can Rangers police this?

Response by Chief Executive Officer

Littering is best described as a community problem.  The City has some responsibility through its Ranger and enforcement team.  The police equally have abilities to issue infringements and also the community through the Keep Australia Beautiful Council, can obtain report cards to record details of vehicle registration, driver description of litterer and provide to authorities. 

3.           That process has been tried but they have to be taken to court.  Can the Rangers stop a trailer where items are being blown out onto the road and infringe them?

Response by Chief Executive Officer

There are many authorities that can issue infringements for littering, including the City of Wanneroo.

4.           Does the City of Wanneroo have enough Rangers to be able to do this?

Response by Mayor Roberts

This is a growing City and we are aware of the need for our resources.  Littering is illegal and the Rangers can infringe.

Footpath, Golders Way, Girrawheen

1.           The City plans to install a limited section of footpath in Golders Way intended to take traffic congestion issues from the intersection of Golders Way and Mirrabooka Avenue.  These congestion issues arise from the drop off and pick up of students from Mercy College, many of whom do not reside in the City of Wanneroo and so use private vehicles.  Why is the proposed footpath proceeding despite the high level of negative feedback from residents of Golders Way as noted in the November 2014 briefing to Council? 

Response by A/Director, Infrastructure

Taken on notice.

Further Response by A/Director, Infrastructure

As included in the report to Council on 11 November 2014, the responses received during community consultation for the footpath were 17 for the construction of the footpath and 18 against the construction of the footpath. Taking into consideration the level of support and safety concerns at the location Council subsequently unanimously resolved to:

"1. APPROVES the construction of the section footpath in Golders Way, Girrawheen;

 2. ADVISES residents that requested a response as part of community consultation for Project PR- 2709- Golders Way Footpath of Council's decision; and

 3. REQUESTS Administration to liaise with Mercy College, Main Roads WA, Public Transport Authority and WA Police to develop a long term strategy to resolve traffic safety and congestion around the College."

It is on the basis of Council's decision noted above that the proposed footpath in Golders Way is being progressed.

2.           Why is this footpath proceeding despite a lack of an approved plan for Mercy College to manage its traffic congestion issues within its own grounds?

Further Response by A/Director, Infrastructure

In view of the Council decision at its meeting on 11 November 2014, the footpath project is being progressed while Administration liaises with Mercy College, Main Roads WA, Public Transport Authority and WA Police to develop a long term strategy to resolve traffic safety and congestion around the College.

3.           Have any traffic flow surveys or analyses been conducted?

Response by A/Director, Infrastructure

Taken on notice.

Further Response by A/Director, Infrastructure

The City did not undertake traffic counts for this project as it was not considered necessary to progress this project.

4.           How does Council believe that the increased traffic flow created by this footpath will be beneficial for the ratepayers in Golders Way and residents?

Response by A/Director, Infrastructure

Taken on notice.

Further Response by A/Director, Infrastructure

The provision of this footpath is for the benefit and safety of pedestrians.

5.            Will Council consider postponing the footpath until Mercy College have arrangements to take the traffic flow within their own grounds?

Response by A/Director, Infrastructure

Taken on notice.

Further Response by A/Director, Infrastructure

Taking into consideration the level of support and the safety concerns at the location, Council resolved to support the installation of the footpath. Administration is in the process of scheduling the construction of this path. The City will be working closely with Mercy college to resolve traffic and transport issues in the area. This work is ongoing with a number of options being considered to reduce congestion and improve traffic flow in the area.

Traffic issues, Franklin Road, Wanneroo

1.           What is happening about the safety of people living on Franklin Road as cannot turn into driveways without someone speeding up behind, due to the speed limit being left at 80kph?

Response by A/Director, Infrastructure

Taken on notice.

Further Response by A/Director, Infrastructure

It is considered that traffic issues experienced along Franklin Road are generally related to poor driver behaviour. Whilst the City is responsible for the construction and maintaining safe roads, the safety on our roads depends not only on their design but the way motorists behave on these roads. Speeding, hooning and behaviours that disregard road rules are matters for the WA Police. They are the authority responsible to ensure motorists comply with the State's road rules in accordance with the Road Traffic Act 1974 and associated Road Traffic Code 2000.   The City put out traffic counters to enable the City to provide relevant  traffic data to MRWA in support of the reduction in speed limit to 70km/hr. Unfortunately this request was not supported by Main Roads WA, the authority responsible for the setting of speed limits along public roads.

There are future plans to upgrade Franklin Road to a dual lane carriageway configuration in the long term but will require significant road widening and land acquisitions along Franklin Road.  The cost to acquire the required land for the road widening will be significant and will take some time. The best option for the City is to impose this requirement as part of the future urban development of the surrounding area similar to the Developer Contribution Scheme established for the East Wanneroo Urban Development to the south adjacent to Lenore Road.

2.           Advice was provided that traffic monitors had been placed on the road, approximately six months ago but this has not helped residents living on Franklin Road.  People are worried they will be hit turning into their driveways.

Response by Mayor Roberts

You will be contacted tomorrow by the A/Director of Infrastructure, Mr Singh, for further discussions on this issue.

Further Response by A/Director, Infrastructure

The A/Manager Asset Management met with Mrs Holder on Wednesday 10 December 2014 on site and advised as per 1 and 2 above.

Item CB01-12/14 Application to Keep More than Two Dogs

Approval for three dogs at this address was given by Council in March 2014.  An application was submitted for a fourth dog but since then one of the dogs has been euthanized and so Administration were asked whether the approved three dog application could apply to the new dog and was told it shouldn’t be a problem.  As the application has now been refused, could this be reconsidered as have previously been approved for three dogs?  The back fence has been rectified, enabling the dogs to be contained.

Response by Director, City Businesses

There are a number of factors that go into reviewing whether applications should be granted and when a dog passes away, the licence does not transfer.  The property has been assessed against the criteria and there were a number of issues as reflected in the report, resulting in the recommendation to Council.

Moved Cr Parker, Seconded Cr Newton

That the minutes of the Ordinary Council Meeting held on 11 November 2014 be confirmed.

Carried Unanimously

Mayor Roberts announced that the City received three awards from the 2014 Children's Environment and Health Local Government Report Card, these being a commendation award, a category winner award and the overall Metropolitan Local Government award. 

There were a significant number of local governments who entered and the City was the overall winner.  Mayor Roberts sincerely thanked the energetic Community Development team especially Fiona Bentley the Director Community Development and Toyah McCarthy the Coordinator Community Links.

On behalf of a ratepayer, Mr Mick Garbin who is not able to attend.  At what stage is the buffer zone decision at this point in time or when will he receive a final answer on it so that he can move on with life?  He is 77 years of age and needs to make some decisions.

Response by Director, Planning and Sustainability

Taken on notice.

Further Response by Director, Planning and Sustainability

The certified documents for Amendment No. 13 to the East Wanneroo Cell 2 Agreed Structure Plan No. 4 have been sent to the WAPC and are subject to final endorsement and certification by the Commission. Once finally endorsed, the City will notify Mr Garbin.  Administration will continuously follow this up with the Commission.

When would a Briefing Note be provided as to the outcome of discussions from a meeting between Infrastructure and Mercy College?

Response by A/Director, Infrastructure

A Briefing Note can be provided later this week.

Further response by A/Director Infrastructure

A Briefing Note will be provided by 16 December 2014.

Cr Cvitan presented a petition of 42 signatories requesting a Playground at Gidgi Park Wanneroo.

Update

Investigation underway with report to be presented to Council in March 2015.

Cr Newton presented a petition of 54 signatories requesting the provision of 'No Parking' signs on Berigora Avenue and Pintail Pass, Tapping.

Update

Report to be presented to Council in March 2015.

Cr Zappa presented a petition of 26 signatories requesting bollards along the nature strip of the intersection at Mirrabooka Avenue and Southmead Drive, Landsdale.

Update

Report to be presented to Council in March 2015.

Cr Zappa presented a petition of 85 signatories requesting the City to address the management of Traffic Flow along Sandison Way, Landsdale.

Update

Report to be presented to Council in March 2015.

Cr Winton presented a petition of 320 signatories requesting to remove, reduce or modify the traffic calming measures on Aldersea Circle, Clarkson.

Update

This matter was dealt with by Council at Item IN06-11/14 at its 11 November 2014 meeting.

File Ref:                                               3379-31 – 14/308422

Responsible Officer:                            Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Guise, Seconded Cr Aitken

That Council:-

1.      Pursuant to Clause 9.6.1 of the City of Wanneroo District Planning Scheme No. 2, RESOLVES that Amendment No. 31 to the East Wanneroo Cell 4 (Hocking and Pearsall) Agreed Structure Plan No. 6 submitted by Dynamic Planning on behalf of Magicyl Pty Ltd included as Attachment 2 is SATISFACTORY without modifications and SUBMITS three (3) copies of the structure plan documents to the Western Australian Planning Commission for its adoption and certification;

2.      Pursuant to Clause 9.6.5 of the City of Wanneroo District Planning Scheme No. 2, ADOPTS Amendment No. 31 to the East Wanneroo Cell 4 (Hocking and Pearsall) Agreed Structure Plan No. 6 documents and AUTHORISES the Director, Planning and Sustainability to SIGN and SEAL once certified by the Western Australian Planning Commission; and

3.      NOTES the Schedule of Submissions included in Attachment 3, ENDORSES Administration's responses to those submissions, FORWARDS the Schedule of Submissions to the Western Australian Planning Commission, and ADVISES the submitters of its decision.

carried

12/3

For the motion:           Cr Aitken, Cr Driver, Cr Guise, Cr Hayden, Cr Hewer, Cr Nguyen,
Cr Parker, Cr Roberts, Cr Smithson, Cr Treby, Cr Truong and
Cr Zappa

Against the motion:    Cr Cvitan, Cr Newton and Cr Winton

File Ref:                                               16795 – 14/314735

Responsible Officer:                            Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Moved Cr Cvitan, 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 Gnangara Rural Community Local Structure Plan No. 99 dated June 2014 submitted by Linc Property on behalf of ANZ Trustees Ltd included as Attachment 2 is SATISFACTORY without modifications and SUBMITS three (3) copies of the structure plan documents to the Western Australian Planning Commission for its adoption and certification;

2.      Pursuant to Clause 9.6.5 of the City of Wanneroo District Planning Scheme No. 2, ADOPTS the Gnangara Rural Community Local Structure Plan No. 99 documents and AUTHORISES the Director, Planning and Sustainability to SIGN and SEAL once certified by the Western Australian Planning Commission; and

3.      NOTES the Schedule of Submissions included in Attachment 3, ENDORSES Administration's responses to those submissions, FORWARDS the Schedule of Submissions to the Western Australian Planning Commission, and ADVISES the submitters of its decision.

Carried Unanimously

File Ref:                                               DA2014/1218 – 14/285614

Responsible Officer:                            Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       6         

Recommendation

That Council:-

1.      APPROVES the application submitted by TPG Town Planning Urban Design and Heritage on behalf of the landowners for a liquor store and supermarket extension at Lot 278 (6) Kingsbridge Boulevard, Butler, subject to compliance with the following conditions to the satisfaction of the Manager, Planning Implementation:

a)      This approval only relates to the proposed liquor store and supermarket extension. It does not relate to any other development on the lot;

b)      The use of the approved premises shall conform to the District Planning Scheme No. 2 definition of a liquor store which states:

          "means any land or buildings the subject of a liquor store licence granted under the provisions of the Liquor Licensing Act 1998";

c)       The windows to the street elevations of the development shall be non-reflective and visually permeable, and thereafter be maintained as such;

d)      The movement of vehicles for delivery purposes shall be restricted to between 7.00am and 7.00pm Monday to Saturday and 8.00am to 6.00pm Sunday and Public Holidays and delivery vehicles shall not queue in Aberdar Lane;

e)      The entrance doors to the supermarket and liquor store facing Kingsbridge Boulevard shall remain open during the trading hours of those stores;

f)       All piped and wired services, mechanical plant, equipment and service and storage areas are to be screened from public view to the City's satisfaction. Relative to this condition, details of such screening shall be submitted to the City for approval prior to the commencement of development;

g)      The parking areas and associated access indicated on the approved plans shall not be used for the purpose of storage or obstructed in any way at any time, without the prior written approval of the City;

h)      Detailed landscaping and reticulation plans, for the 3 metre setback area along Marmion Avenue and adjacent road verges, shall be lodged to the City for approval prior to the commencement of development. Planting and installation shall be in accordance with the approved landscaping and reticulation plans; and

2.      ADVISE the submitters of their decision.

LAPSED FOR WANT OF A MOVER

Alternative Motion

Moved Cr Smithson, Seconded Cr Treby

That Council:-

1.      DECIDES that it is not prepared to approve the application submitted by TPG Town Planning and Urban Design and Heritage on behalf of the landowners for a Liquor Store and Supermarket extension at Lot 278 (6) Kingsbridge Boulevard, Butler, in the format submitted;  and

2.      ADVISES the applicant that Council will give further consideration to this proposal upon submission of a redesign of the application which complies with main street design principles outlined in the WA Planning Commission Liveable Neighbourhoods Policy to encourage maximised pedestrian activation of the existing main street, and, as part of this process the likely foot traffic in and around the centre be objectively modelled to ensure maximised activation of Kingsbridge Boulevard.

CARRIED UNANIMOUSLY

Reason for Alternative Motion

To ensure that the application better addresses the main street design principles outlined in Liveable Neighbourhoods and encourages pedestrian activation of Kingsbridge Boulevard.

File Ref:                                               7018 – 14/331388

Responsible Officer:                            Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

Moved Cr Hewer, Seconded Cr Aitken

That Council:-

1.      NOTES that the list of facilities in the Alkimos-Eglinton Development Contribution Plan is consistent with the facilities identified in the Northern Coastal Growth Corridor Community Facilities Plan and AGREES that no further review of the Northern Coastal Growth Corridor Community Facilities Plan to ensure consistency with the Alkimos-Eglinton Development Contribution Plan is necessary;

2.      NOTES the revised draft Alkimos-Eglinton Development Contribution Plan Report and revised draft Yanchep-Two Rocks Development Contribution Plan Report included at Attachment 1 and Attachment 2 respectively;

3.      NOTES that the review of estimated costs for the Alkimos-Eglinton Development Contribution Plan and Yanchep-Two Rocks Development Contribution Plan is proposing an increase in the cost contribution for those Plans pursuant to Clause 11.4 of Schedule 17 of District Planning Scheme No. 2; and

4.      Pursuant to Clause 11.6 of Schedule 17 of District Planning Scheme NOTIFIES affected landowners of the proposed cost increases and INVITES comment in writing from those landowners for a period of 42 days.

Carried Unanimously

File Ref:                                               6903 – 14/312393

Responsible Officer:                            Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Winton, Seconded Cr Aitken

That Council:-

1.      SUPPORTS BY ABSOLUTE MAJORITY the proposed Investment Plan for expenditure from the Sustainability Investment Fund in 2014/15 financial year to install:

a)   additional solar panels and energy monitoring system at Aquamotion;

b)   additional solar panels at Kingsway Indoor Stadium and Clarkson Library; and

c)   a voltage optimisation system at Aquamotion; and

2.      NOTES that Administration will proceed with seeking formal quotations for the projects identified in 1. above and that a further report will be presented to Council seeking approval by absolute majority of the expenditure from the Environmental Initiatives Reserve, following confirmation of project costs.

Carried by Absolute Majority

15/0

File Ref:                                               2323V04 – 14/317025

Responsible Officer:                            Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Newton, Seconded Cr Cvitan

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 for the respective applicants to keep more than two dogs at the following properties:

3 Kevo Place, Landsdale;

11 Cinnamon Meander, Two Rocks; and

21 Eveleigh Boulevard, Clarkson;

2.      ADVISES that the exemption relating to the three 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;

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

3.      REFUSES an exemption to the City of Wanneroo Animal Local Law 1999 made under Section 26(3) of the Dog Act 1976 for the applicants at:

         18 Gazelle Place, Marangaroo; and

         29 Jade Loop, Carabooda;

4.      ADVISES the applicants listed in Recommendation 3 that they may appeal Council’s decision by writing to the State Administrative Tribunal within 28 days of receiving notice of Council’s decision; and

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

Amendment

Moved Cr Treby, Seconded Cr Hayden

To include subparagraphs (a) and (b) as detailed below as part of recommendation 3 and remove "18 Gazelle Place, Marangaroo; and".  In new subparagraph (b) insert "REFERS back to Administration for further investigation 18 Gazelle Place, Marangaroo.". 

3.      (a)    REFUSES an exemption to the City of Wanneroo Animal Local Law 1999 made under Section 26(3) of the Dog Act 1976 for the applicants at:

                  18 Gazelle Place, Marangaroo; and

                  29 Jade Loop, Carabooda;

         (b)    REFERS back to Administration for further investigation 18 Gazelle Place, Marangaroo.

CARRIED UNANIMOUSLY

Substantive Motion as Amended

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 for the respective applicants to keep more than two dogs at the following properties:

3 Kevo Place, Landsdale;

11 Cinnamon Meander, Two Rocks; and

21 Eveleigh Boulevard, Clarkson;

2.      ADVISES that the exemption relating to the three 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;

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

3.      (a)    REFUSES an exemption to the City of Wanneroo Animal Local Law 1999 made under Section 26(3) of the Dog Act 1976 for the applicants at:

                   29 Jade Loop, Carabooda;

         (b)    REFERS back to Administration for further investigation 18 Gazelle Place, Marangaroo.

4.      ADVISES the applicants listed in Recommendation 3 that they may appeal Council’s decision by writing to the State Administrative Tribunal within 28 days of receiving notice of Council’s decision; and

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

The substantive motion was put as amended and

CARRIED UNANIMOUSLY

File Ref:                                               4561 – 14/270172

Responsible Officer:                            Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Zappa, Seconded Cr Hayden

That Council:-

1.      APPROVES the lease of Lot 10842, Benmuni Road, Wanneroo (Attachment 1 refers) to the Wanneroo Horse and Pony Club (Inc.) for a term of two (2) years, and six (6) months commencing 1 January 2015, in accordance with the City's Tenancy Policy for a 'Not-for-Profit' organisation; and

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

Amendment

Moved Cr Guise, Seconded Cr Treby

In recommendation 1 to delete the words "two (2) years, and six (6) months" and replace with "five (5) years".

1.      APPROVES the lease of Lot 10842, Benmuni Road, Wanneroo (Attachment 1 refers) to the Wanneroo Horse and Pony Club (Inc.) for a term of two (2) years, and six (6) months five (5) years commencing 1 January 2015, in accordance with the City's Tenancy Policy for a 'Not-for-Profit' organisation; and

CARRIED UNANIMOUSLY

Substantive Motion as Amended

That Council:-

1.      APPROVES the lease of Lot 10842, Benmuni Road, Wanneroo (Attachment 1 refers) to the Wanneroo Horse and Pony Club (Inc.) for a term of five (5) years commencing 1 January 2015, in accordance with the City's Tenancy Policy for a 'Not-for-Profit' organisation; and

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

The substantive motion was put as amended and

Carried Unanimously

File Ref:                                               19230 – 14/306997

Responsible Officer:                            Director City Businesses

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Driver, Seconded Cr Parker

That Council ACCEPTS the tender submitted by Prestige Alarms for Tender Number 01450 for the Design, Supply and Installation of a CCTV System (Hub) at Butler Community Centre Precinct for a total lump sum of $282,077.

Carried Unanimously

File Ref:                                               19138 – 14/330551

Responsible Officer:                            A/Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Hayden, Seconded Cr Zappa

That Council ACCEPTS the tender submitted by Lawn Doctor for Tender No. 01446 for the Provision of Dry Park Maintenance for a period of Three Years commencing on 5 January 2015 for a lump sum price of $622,728 with an option to extend the contract for a further two 12 month periods, or part thereof, with a Perth All Groups CPI price adjustment applied at each extension of the contract.

Carried Unanimously

File Ref:                                               19141 – 14/306607

Responsible Officer:                            A/Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       Nil

Moved Cr Hayden, Seconded Cr Zappa

That Council ACCEPTS the tender submitted by Environmental Industries Pty Ltd for Tender No. 01447 for the Provision of Park and Streetscape Maintenance in Madeley, Darch and Landsdale for a Period of Three Years commencing on 5 January 2015 for a lump sum price of $879,867.19 with an option to extend the contract for a further two 12 month periods, or part thereof, with a Perth All Groups CPI price adjustment applied at each extension of the contract.

Carried Unanimously

File Ref:                                               19370 – 14/276157

Responsible Officer:                            A/Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       1  

Previous Items:                                   CD02-12/12 - Koondoola Community Facilities Needs and Feasibility Study - Ordinary Council - 11 Dec 2012 7.00pm      

Moved Cr Treby, Seconded Cr Hayden

That Council ACCEPTS the tender submitted by Badge Construction for Tender 01451 Construction of Koondoola Community Centre for its fixed lump sum price of $2,500,889. 

Carried Unanimously

File Ref:                                               19430 – 14/276161

Responsible Officer:                            A/Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       1  

Previous Items:                                   CD01-04/14 - Outcome Of Community Sporting & Recreation Facilities Fund (CSRFF) Application for the 2013 Funding Round - Ordinary Council - 01 Apr 2014  

Moved Cr Treby, Seconded Cr Hayden

That Council ACCEPTS the tender submitted by McCorkell Construction for Tender 01452 - Construction of Kingsway Baseball/Softball Clubrooms for its fixed lump sum price of $1,589,329.

·                            

Carried Unanimously

File Ref:                                               19092 – 14/271200

Responsible Officer:                            A/Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Hayden, Seconded Cr Cvitan

That Council:-

1.      APPROVES the removal of four Norfolk Pine trees along the eastern side of Rothesay Heights, between Cristobal Crescent and Castellon Entrance, Mindarie to enable the construction of a footpath in this section of Rothesay Heights.

2.      LISTS for consideration a total amount of $50,000 in the 2015/16 Capital Works Program for the construction of a footpath in Rothesay Heights between Cristobal Crescent and Castellon Entrance, Mindarie (which includes an additional amount of $6,000 for the removal of four Norfolk Pine trees and planting of four replacement trees of suitable species);

3.      NOTES that the replacement trees will be installed on the east side of Rothesay Heights from Cristobal Crescent to Castellon Entrance, Mindarie; and

4.      ADVISES those residents that provided a response during community consultation of Council's Decision.

carried

14/1

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

Against the motion:    Cr Winton

File Ref:                                               8053 – 14/319603

Responsible Officer:                            A/Director Infrastructure

Disclosure of Interest:                         Nil

Attachments:                                       6  

Previous Items:                                   IN03-11/13 - Proposed 50km/h Speed Limit on Kingsway, Landsdale Road, Driver Road and Furniss Road - Outcomes of Community Consultation - Ordinary Council - 12 Nov 2013

                                                            IN04-09/13 - Road Safety Audit - Kingsway - Drivers Road to Rangeview Road - Ordinary Council - 17 Sep 2013    

Moved Cr Zappa, Seconded Cr Hayden

That Council:-

1.      APPROVES the implementation of Stage 1 of the Kingsway Traffic Management Scheme in accordance with the revised City of Wanneroo Drawing No. 2967-1-2 (Attachment 5 refers) at an estimated cost of $318,000 noting that $280,000 has been allocated for these works in Project number PR-2873 Stage 1 Kingsway TMS - 70m west of Driver Road to Mirrabooka Avenue in the City's 2014/2015 Capital Works Program;

2.      APPROVES BY ABSOLUTE MAJORITY the over expenditure of $38,000 in accordance with the City’s Accounting Policy Section 2(c) as pursuant to Section 6.8(1)(b) of the Local Government Act 1995 for Stage 1 of the Kingsway Traffic Management Scheme;

3.      NOTES the following budget variation to accommodate the shortfall in funding for Stage 1 of the Kingsway Traffic Management Scheme as follows;

4.      APPROVES the implementation of Stage 2 of the Kingsway Traffic Management Scheme (Ashdale Boulevard to Driver Road) in accordance with the revised City of Wanneroo Drawing No. 3010-1-1 (Attachment 6 refers).

5.      LISTS for consideration an amount of $350,000 in the 2015/2016 Capital Works Program for Stage 2 of the Kingsway Traffic Management Scheme (Ashdale Boulevard to Driver Road).

6.      NOTES that Administration will complete a review of the Stage 3 Kingsway Traffic Management Scheme for the section between Wanneroo Road and Ashdale Boulevard for reconsideration by Council in 2015/16 and budget consideration in 2016/2017.

7.      LISTS for consideration an amount of $15,000 for the design and documentation of the Stage 3 Kingsway Traffic Management Scheme between Wanneroo Road and Ashdale Boulevard for consideration in the 2015/16 Capital Works Program (Traffic Treatments).

8.      LISTS for consideration an amount of $10,000 for the design and documentation for the upgrade of street lighting along Kingsway between Wanneroo Road and Ashdale Boulevard for consideration in the 2015/16 Capital Works Program (Street lighting).

9.      ADVISES the residents along Kingsway of Council’s decision.

Carried by absolute majority

15/0

File Ref:                                               6382 – 14/295105

Responsible Officer:                            Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Guise, Seconded Cr Aitken

That Council APPROVES the 2015-2017 Reconciliation Action Plan as included in Attachment 1 of this report.

Carried Unanimously

File Ref:                                               19964 – 14/325466

Responsible Officer:                            Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       1         

Moved Cr Guise, Seconded Cr Driver

That Council:-

1.      APPROVES $1,898.00 to Brighton Community Garden Inc. via Community Development Funding for the workshops to explain the benefits of composting and mulching organic gardens from 28 February 2015 to 4 April 2015 SUBJECT to a renewed certificate of public liability insurance;

2.      APPROVES $500.00 to the North Coast Art Club for an exhibition of member artworks via Community Event Funding from 29 July 2015 to 11 August 2015 SUBJECT to a renewed certificate of Public Liability insurance and with an expectation that the club will financially contribute to its own event;

3.      WAIVES BY ABSOLUTE MAJORITY the Wanneroo Library and Cultural Centre Exhibition commission payable by the North Coast Art Club for an exhibition of member artworks via Community Event funding from 29 July 2015 to 11 August 2015;

4.      APPROVES $1,500.00 to the Rotary Club of Mindarie for a Clean up Australia Day Movie in the Park event via Community Event Funding on 28 February 2015 with an expectation that the club will financially contribute to its own event;

5.      DOES NOT APPROVE $2,400.00 to the Wanneroo Joondalup Art Society for the Wanneroo Joondalup Art Society May Exhibition 2015 via Community Event Funding from 7 May 2015 to 31 May 2015;

6.      APPROVES $2,000.00 to the Landsdale Residents Association for the Landsdale Neighbour Day 2015 and a full waiver of the facility hire bond via Community Event Funding on 14 March 2015 with an expectation that the association will require reduced support over time as it increases self-sufficiency;

7.      APPROVES $1,000.00 to Atlantis Productions Inc. for the theatrical production of Ceasefire via Community Event Funding from 21 March 2015 to 6 April 2015 SUBJECT to provision of current certificate of Public Liability insurance, receipt of formal quotes, advice regarding event admission cost and confirmation of venue;

8.      APPROVES $500.00 waiver of fees to the Badminton Association of Western Australia for the Kingsway Tournament via Community Event Funding from 21 February 2015 to 22 February 2015 on the understanding that the City is unlikely to support this event in the future; and

9.      APPROVES $1,000 to the Northern Suburbs Stroke Support Group for a Gardening Project at Yanchep Heritage Inn via Community Event Funding from 9 February 2015 to 11 February 2015 SUBJECT to the receipt of satisfactory written confirmation from Yanchep Heritage Inn regarding risk arrangements.

Amendment                                                                             

Moved Cr Nguyen, Seconded Cr Hayden

In recommendation 6 to replace $2,000.00 with $3,000.00

6.      APPROVES $2,000.00 $3000.00 to the Landsdale Residents Association for the Landsdale Neighbour Day 2015 and a full waiver of the facility hire bond via Community Event Funding on 14 March 2015 with an expectation that the association will require reduced support over time as it increases self-sufficiency;

CARRIED UNANIMOUSLY

Substantive Motion as Amended

That Council:-

1.      APPROVES $1,898.00 to Brighton Community Garden Inc. via Community Development Funding for the workshops to explain the benefits of composting and mulching organic gardens from 28 February 2015 to 4 April 2015 SUBJECT to a renewed certificate of public liability insurance;

2.      APPROVES $500.00 to the North Coast Art Club for an exhibition of member artworks via Community Event Funding from 29 July 2015 to 11 August 2015 SUBJECT to a renewed certificate of Public Liability insurance and with an expectation that the club will financially contribute to its own event;

3.      WAIVES BY ABSOLUTE MAJORITY the Wanneroo Library and Cultural Centre Exhibition commission payable by the North Coast Art Club for an exhibition of member artworks via Community Event funding from 29 July 2015 to 11 August 2015;

4.      APPROVES $1,500.00 to the Rotary Club of Mindarie for a Cleanup Australia Day Movie in the Park event via Community Event Funding on 28 February 2015 with an expectation that the club will financially contribute to its own event;

5.      DOES NOT APPROVE $2,400.00 to the Wanneroo Joondalup Art Society for the Wanneroo Joondalup Art Society May Exhibition 2015 via Community Event Funding from 7 May 2015 to 31 May 2015;

6.      APPROVES $3,000.00 to the Landsdale Residents Association for the Landsdale Neighbour Day 2015 and a full waiver of the facility hire bond via Community Event Funding on 14 March 2015 with an expectation that the association will require reduced support over time as it increases self-sufficiency;

7.      APPROVES $1,000.00 to Atlantis Productions Inc. for the theatrical production of Ceasefire via Community Event Funding from 21 March 2015 to 6 April 2015 SUBJECT to provision of current certificate of Public Liability insurance, receipt of formal quotes, advice regarding event admission cost and confirmation of venue;

8.      APPROVES $500.00 waiver of fees to the Badminton Association of Western Australia for the Kingsway Tournament via Community Event Funding from 21 February 2015 to 22 February 2015 on the understanding that the City is unlikely to support this event in the future; and

9.      APPROVES $1,000 to the Northern Suburbs Stroke Support Group for a Gardening Project at Yanchep Heritage Inn via Community Event Funding from 9 February 2015 to 11 February 2015 SUBJECT to the receipt of satisfactory written confirmation from Yanchep Heritage Inn regarding risk arrangements.

The substantive motion was put as amended and

CARRIED UNANIMOUSLY

File Ref:                                               13288 – 14/345843

Responsible Officer:                            Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Aitken, Seconded Cr Newton

That Council:-

1.      ACCEPTS a grant of $150,000 from Department of Sport and Recreation for the Your Move program;

2.      APPROVES BY ABSOLUTE MAJORITY the expenditure of $50,000 in the 2014/15 financial year for the purpose of the Your Move program, in accordance with Council's Accounting Policy section 2(b) and pursuant to Section 6.8(1)(b) of the Local Government Act 1995; and

3.      NOTES the following budget variation to receive $50,000 from Department of Sport and Recreation and allocate these funds to the appropriate expenditure account.

Income

         Expenditure

Carried by absolute majority

15/0

File Ref:                                               2790 – 14/333086

Responsible Officer:                            Director Community Development

Disclosure of Interest:                         Nil

Attachments:                                       4         

Moved Cr Winton, Seconded Cr Zappa

That Council:-

1.      NOTES that the implementation of a trial period of free community access to the Koondoola Park and Bellport Park tennis courts is considered feasible;

2.      APPROVES the implementation of a formal trial period for Koondoola Park and Bellport Park, commencing from 1 January 2015 for a period of 12 months;

3.      APPROVES by ABSOLUTE MAJORITY the waiver of fees and charges as per the adopted 2014/15 Schedule of Fees and Charges (Attachment 2 refers) for the use of the City's tennis courts at Koondoola Park and Bellport Park for the duration of the trial period;

4.      NOTES that a further report on the outcomes of the first three months of the  trial period will be presented to Council for its consideration at its meeting in April 2015; and

5.      AMENDS Council's earlier resolution, requiring a report on other underutilised courts MN02-11/14 to be presented in March 2015, to allow this report to be presented in April 2015.

Carried BY ABSOLUTE MAJORITY

15/0

File Ref:                                               1859 – 14/355427

Responsible Officer:                            Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Moved Cr Cvitan, Seconded Cr Nguyen

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