held on tuesday 13 september 2016€¦ · minutes of council meeting: tuesday 13 september 2016...

MINUTES OF COUNCIL MEETING

HELD ON

TUESDAY 13 SEPTEMBER 2016

AT 5.30PM

IN COUNCIL CHAMBERS CIVIC CENTRE

MANDURAH TERRACE MANDURAH

PRESENT:

MAYOR M VERGONE COUNCILLOR L RODGERS EAST WARD HON COUNCILLOR F RIEBELING COASTAL WARD COUNCILLOR S LAWSON COASTAL WARD COUNCILLOR T JONES COASTAL WARD COUNCILLOR R WORTLEY NORTH WARD COUNCILLOR C KNIGHT NORTH WARD COUNCILLOR P JACKSON NORTH WARD COUNCILLOR D SCHUMACHER TOWN WARD COUNCILLOR P ROGERS TOWN WARD MR M NEWMAN CHIEF EXECUTIVE OFFICER MR A CLAYDON DIRECTOR WORKS & SERVICES MR T FREE DIRECTOR SUSTAINABLE DEVELOPMENT MS L WILKINSON DIRECTOR PEOPLE & COMMUNITIES MR W PEPPINCK CORPORATE LAWYER MR K BOX MANAGER OPERATION SERVICES MR G DAVIES EXECUTIVE MANAGER STRATEGY & BUSINESS PERFORMANCE MRS L SLAYFORD SENIOR GOVERNANCE OFFICER OPENING OF MEETING AND ANNOUNCEMENT OF VISITORS [AGENDA ITEM 1]

The Mayor declared the meeting open at 5.30pm. In doing so, she acknowledged that the meeting was being held on the traditional land of the Bindjareb people, and paid her respects to their Elders past and present.

MINUTES OF COUNCIL MEETING: TUESDAY 13 SEPTEMBER 2016 PAGE 2

APOLOGIES [AGENDA ITEM 2] Councillor J Field on leave of absence, Councillors D Lee and S Jones.

Councillor L Rodgers left the Chamber at 5.31pm and did not return.

DISCLAIMER [AGENDA ITEM 3] G.1/9/16 DISCLAIMER

The Mayor advised that the purpose of this Council Meeting is to discuss and, where possible, make resolutions about items appearing on the agenda. Whilst Council has the power to resolve such items and may in fact, appear to have done so at the meeting, no person should rely on or act on the basis of such decision or on any advice or information provided by a Member or Officer, or on the content of any discussion occurring, during the course of the meeting. Persons should be aware that the provisions of the Local Government Act 1995 (Section 5.25(e)) and Council’s Consolidated Local Laws (Section 4.86) establish procedures for revocation or rescission of a Council decision. No person should rely on the decisions made by Council until formal advice of the Council decision is received by that person. The City of Mandurah expressly disclaims liability for any loss or damage suffered by any person as a result of relying on or acting on the basis of any resolution of Council, or any advice or information provided by a Member or Officer, or the content of any discussion occurring, during the course of the Council meeting. ANSWERS TO QUESTIONS TAKEN ON NOTICE [AGENDA ITEM 4] Officers provided responses to questions taken on notice at the Council meeting of Tuesday 23 August 2016. PUBLIC QUESTION TIME [AGENDA ITEM 5] [5.31pm – 5.41pm] G.2/9/16 G MCGOWAN: JET X-TREME Mr Gary McGowan asked the following four questions of Council:

1. Can I request to have the second item of the agenda deferred until the next Council meeting to allow me time to review the content and present a deputation? The agenda only became available online this morning.

2. Can I request that each individual proposal that has been submitted to the City and

included in this one subject be presented separately. When the deferred item is brought back to Council can each proposal be given its own subject i.e. Subject one – Temporary Jet-board Area, subject two PEC Guided Tours.?


3. What is the normal practice for the City in regards to notifying an author of their agenda item that is scheduled to be presented at a Council meeting for consideration, prior to the Council meeting?

4. Has the proposal submitted to the City on 12 June, 2016 for the introduction of a new

product / service into Jet X-Treme’s existing business (PWC Guided Tours) been distributed to all Council members for consideration?

Responses:

1. The Chief Executive Officer confirmed the late publishing of the agenda and advised

discussion on this item during the meeting would address the deferral request.

2. The Chief Executive Officer and Mayor reiterated that discussion on this item would occur later in the agenda and could suggest deferral of the entire item. The Mayor confirmed responses to questions 1 and 2 and possible deferral of the item in entirety.

3. The Chief Executive Officer advised that normal practice at the City was for each

department submitting an item to correspond directly with affected parties of the date for Council consideration.

4. The Director Sustainable Development requested to take this question on notice.

G.3/9/16 J MOONEY: LOTS 68-71 ADANA STREET, MANDURAH

Mr Mooney asked the following five questions of Council:

1. Why has the Council verge which has been fenced and leased to another car dealer been corrected.

2. Is it correct that the City of Mandurah had given permission to the owners / operators

of lots 68-71 to use the R40 residential land for storing business stock / vehicles without using the correct process?

3. What does Council propose to do to stop the business operating on the R40 residential

land (other than wait for the outcome of the carpark application)?

4. Can the Council place a time limit on this issue as it has been continuing for some years?

5. Is it correct that Council is leasing land in central Mandurah for use as a carpark from

the owners / operators of Lot 68-71 Adana Street? Responses: The Director of Sustainable Development responded to questions 1 – 4.

1. The truncation on the edge of Lot 71 and the road reserve had historically been fenced

and used by the owners of Lot 71. The owners did not realise this area was part of the road reserve. The owners of Lot 71 have submitted an application to the City which clearly shows the truncation which will correct the current situation.

2. The City was unaware of any approval for storing of vehicles at the location.


3. The application was being considered and dealt with as per normal. Once determined then the City could look at what steps to take.

4. It was acknowledged that Mr Mooney had raised concerns in this regard for many

years. The City was currently awaiting further information from the applicant and hopefully the item would be concluded in the next month or two.

5. The Chief Executive Officer advised that the agreement for car-parking on Sholl Street,

Mandurah had been negotiated between the previous land owner and the City. The current land owner agreed to continue the arrangement with the City. The car park land owner was also the land owner of Lots 68-71 Adana Street, Mandurah.

PUBLIC STATEMENT TIME [AGENDA ITEM 6] Nil. LEAVE OF ABSENCE REQUESTS [AGENDA ITEM 7] Nil. PETITIONS [AGENDA ITEM 8] Nil. PRESENTATIONS [AGENDA ITEM 9]

Nil. DEPUTATIONS [AGENDA ITEM 10] Nil. CONFIRMATION OF MINUTES [AGENDA ITEM 11]

G.4/9/16 CONFIRMATION OF COUNCIL MINUTES: TUESDAY 23 AUGUST2016

MOTION: F Riebeling / P Rogers That the Minutes of Council Meeting of Tuesday 23 August 2016 be confirmed.

CARRIED UNANIMOUSLY: 9/0


ANNOUNCEMENTS BY THE PRESIDING MEMBER [AGENDA ITEM 12]

Coast to Coast Conference Councillors Knight gave an overview of the conference she, Councillor Lawson and Hon Councillor Riebeling attended in Melbourne from 29-31 August. Speakers included managers, researchers, volunteers and Universities with courses covering many coastal and marine aspects. The conference was relevant to aspects of the City’s environment and challenges faced.

Deputy Commissioner to WAPC Mayor Vergone informed Council and congratulated Councillor Knight on her recent appointment as Deputy Commissioner to West Australian Planning Commission

Dufyken visit Mayor Vergone advised that the Dufyken was leaving Mandurah at 8am, 14 September. The Mayor passed custodianship of the Dufyken to the City of Joondalup and wished the ‘Little Dove’ safe sailing as she headed to Hillarys.

DECLARATION OF INTERESTS [AGENDA ITEM 13]

Councillor Knight declared a proximity interest in Minute G.11/9/16 relating to Red Road Master Plan because she lived in the vicinity.

QUESTIONS FROM ELECTED MEMBERS [AGENDA ITEM 14] Questions of which due notice has been given

Nil. Questions of which notice has not been given G.5/9/16 COUNCILLOR KNIGHT: TIMS THICKET

Councillor Knight asked if staff are aware that the drip field location at Tim’s Thicket is spraying over the dry inert waste area. Councillor Knight asked for assurance in regard to the environmental effects of this action. The Director Works and Services advised that discharge from the ponds can be dissipated over the dry inert area with no environmental effects. This has been design in consultation with the Department Environmental Regulation (DER) to replace the current system of managing overflow through discharge into the ground. The proposed septage pond upgrade will have an enhanced quality of effluent and the mechanism for dealing with any overflow (1 in 10 year storm event) is to drip feed the water over a large vegetated area. The DER were currently processing an application by the City for the upgrading of the septage ponds. BUSINESS LEFT OVER FROM PREVIOUS MEETING [AGENDA ITEM 15] Nil.


RECOMMENDATIONS OF COMMITTEES [AGENDA ITEM 16] NOTE: Council adopted en bloc (moved by Councillor Schumacher and seconded by Councillor Lawson), the recommendations of the Planning Committee meeting of Tuesday 6 September 2016 with the exception of Items P.3/9/16, which were dealt with separately. G.6/9/16 MODIFICATIONS TO FLORIDA STRUCTURE PLAN: LOCAL GOVERNMENT

REPORT TO WAPC (BD) (REF ODP74) (REPORT 1) (P.3/09/16)

Council is requested to consider a proposal to modify the Florida Local Structure Plan (LSP). Modifications to the LSP include:

Extension of the residential zoning to cover land previously falling within the Caddadup Waste Water Treatment Plant (WWTP) odour buffer in the northern portion of the Structure Plan area;

Allocation of a density coding of R20 for the subject area ;

Creation of a portion of public open space (local reserve), consolidating an existing area of open space (commonly referred to as Tuart Park);

Minor realignment of a number of local access roads; and,

Allocation of a density coding of R20 to several lots within the south-west of the estate to reflect lot sizes approved via the subdivision process.

The modified LSP was advertised for a period of 28 days with 12 submissions being received (including 4 from residents and 8 from government agencies) with the following key issues being identified:

Limited school parking and impact on traffic;

Odour impact;

Vegetation loss; and,

Impact on fauna. It was recommended that Council support the modified LSP and forward it to the WAPC for its final endorsement. The Planning Committee recommended a deferral to permit further information to be gathered pertaining to fauna in the area. Report Recommendation: That

Under Clause 20(2) of Planning and Development (Local Planning Schemes) Regulations 2015, Council provides this report to the Western Australian Planning Commission for the Florida Local Structure Plan (Plan Dated 27 April 2016; Plan Ref: Plan A: Florida Local Structure Plan) recommending that the proposed Structure Plan should be approved including the following modifications:

1. A footpath shall be provided on at least one side of every street within the area of

Local Structure Plan subject to the modification;

2. The applicant shall prepare a Local Water Management Strategy prior as condition of subdivision for the area subject to the modification;

3. The applicant shall prepare a revised Bushfire Attack Level Contour Map and

Bushfire Management Plan in line with Department of Fire and Emergency Services referral comments dated 21 July 2016 for the area subject to the modification.


4. Prior to the determination of the WAPC, the applicant shall address any new information made available in relation to the presence of western ringtail possums within the area subject to the modification in accordance with Section 78 of the EPBC Act

The following additional information was circulated to Members at the meeting in regard to Local Government responsibilities pertaining to Western Ringtail Possums in the area. The (federal) Department of Environment (DoE) determined in May 2015 that the proposed action is not a controlled action under the EPBC Act. The proponent’s referral to the DoE included a fauna survey conducted in 2011 which found the Western Ringtail Possum does not currently occur at the study area. The survey identified that since 1995, the State Department of Parks and Wildlife has translocated hundreds of individuals to sites in Yalgorup National Park, but notes that the species does not currently occur on-site and the reintroduced population, if ultimately viable, is unlikely to be able to extend through the existing urban area of Dawesville. The City’s officers have noted, from a site visit in September that a ‘drey’, a structure built by the Western Ringtail Possum for shelter was present on the site together with characteristic foraging signs of “tipping” were observed. These preliminary observations indicate that further investigation into the use of the site by the Western Ringtail Possum is required. During clearing works at a development site 1km to the south, two Western Ringtail Possums were found, whilst the species has been recorded at several sites through Dawesville. The proponent’s environmental consultant has reviewed the situation, and is of the view that modifications to the Local Structure Plan and the progression to the subdivision are unlikely to have a significant impact on the species based on a general absence of traditional Possum habitat within the subject site, and believe that fauna recorded within the area is isolated and may be the result of translocation. If Council considers it appropriate to highlight the potential presence of Western Ringtail Possums within the area then Council should add a separate motion to the officer’s recommendation as follows: Councillor Knight moved an alternative recommendation which was seconded by Councillor Schumacher MOTION: C Knight / D Schumacher That

1. Under Clause 20(2) of Planning and Development (Local Planning Schemes)

Regulations 2015, Council provides this report to the Western Australian Planning Commission for the Florida Local Structure Plan (Plan Dated 27 April 2016; Plan Ref: Plan A: Florida Local Structure Plan) recommending that the proposed Structure Plan should be approved including the following modifications:

1.1 A footpath shall be provided on at least one side of every street within the

area of Local Structure Plan subject to the modification; 1.2 The applicant shall prepare a Local Water Management Strategy prior as

condition of subdivision for the area subject to the modification;


1.3 The applicant shall prepare a revised Bushfire Attack Level Contour Map and Bushfire Management Plan in line with Department of Fire and Emergency Services referral comments dated 21 July 2016 for the area subject to the modification.

1.4 Prior to the determination of the WAPC, the applicant shall address any

new information made available in relation to the presence of western ringtail possums within the area subject to the modification in accordance with Section 78 of the EPBC Act

2. Council provides a submission to the (federal) Department of Environment

advising that it understands there may be western ringtail possums within the area and that the current approval issued under the EPBC Act should be reviewed to determine if the development result in significant impact to the species.


G.7/9/16 Proposed Amendment to Town Planning Scheme No. 3: Rural and Rural Residential Zones: Adopt for Advertising Purposes (BD) (Ref amend136) (Report 2) (P.4/09/16)

Council is requested to adopt for the purposes of advertising, an amendment to Town Planning Scheme No. 3 that proposes to incorporate statutory provisions previously proposed under the Southern Rural Structure Plan by primarily updating land use and subdivision provisions for the existing Rural Residential and Rural zones. The Structure Plan was to be given statutory effect through Amendment 121, but by virtue of the Planning and Development (Local Planning Scheme) Regulations 2015, can no longer be progressed. As a result, a new Amendment, Amendment 136 is proposed as an interim measure prior to including such provisions into the new planning scheme. It is recommended that Council adopt the amendment in order to allow for a formal assessment by the Environmental Protection Authority and public consultation. MOTION: D Schumacher / S Lawson

1 That in accordance with Regulation 35(1) of the Planning and Development (Local Planning Scheme) Regulations 2015, the following amendment be adopted for advertising:

“PLANNING AND DEVELOPMENT ACT 2005

RESOLUTION DECIDING TO ADOPT AMENDMENT TO LOCAL PLANNING

SCHEME

CITY OF MANDURAH TOWN PLANNING SCHEME – NO 3

AMENDMENT NO 136

Resolved that the Council, in pursuance of Section 72 of the Planning and Development Act 2005, amends Town Planning Scheme No 3 by: (a) Deleting Clause 4.7.1 (“Purpose and Intent of Zone”) and replacing with

the following:


4.7.1 Purpose and Intent of Zone (Refer to Table 7)

This zone is intended to provide the opportunity for residential living in a semi-rural atmosphere with appropriate controls to minimise clearing and encourage replanting of indigenous vegetation.

Prior to considering any proposals to amend the Scheme to allow further rural residential subdivision Council will require a submission supporting the rezoning of the land to the Rural Residential zone, and such submission shall include: (a) An assessment of the significance and conservation value of

remnant vegetation including the retention and protection targets for Biodiversity set out in the Local Planning Strategy;

(b) An assessment of the bushfire risk against the relevant State Planning Policy and associated guidelines, demonstrating compliance with bushfire protection criteria whilst not impacting on biodiversity targets;

(c) An acid sulphate soils assessment; (d) An analysis of proposed lot sizes and subdivision design based on

the assessment of land capability, bushfire hazard, biodiversity conservation and environmental assets;

(e) Information regarding the method whereby it is proposed to provide a potable water supply to each lot;

(f) The proposed staging of the development and any development provisions which may be required; and

(g) any other information the Council may reasonably require.

(b) Deleting Clause 4.7.3 (‘Rural Residential Zone Specific Provisions’) and Clause 4.7.4 (‘Rural Residential Zone General Provisions’) and replacing with the following:

4.7.3 Subdivision of land

Subdivisional lot sizes shall be not less than 5 hectares, unless otherwise specified within Appendix 4. Lot sizes nethertheless shall be dependent upon the assessment of land capability, bush fire hazard, biodiversity conservation and environmental constraints. The following matters shall be considered when assessing an application for subdivision within the Rural Residential zone:

4.7.3.1 The significance and conservation value of remnant vegetation

including the retention and protection targets for Biodiversity as set out in the Local Planning Strategy;

4.7.3.2 The existing levels of the site; 4.7.3.3 The appropriateness of the site for future development; 4.7.3.4 An assessment of the bushfire risk against the relevant State

Planning Policy and associated guidelines, demonstrating compliance with bushfire protection criteria whilst not impacting on biodiversity targets;


4.7.3.5 The need for an Acid Sulphate Soils Management Plan, and where relevant imposed as a condition of subdivision;

4.7.3.6 A determination of necessary Wetland Buffers to all wetlands,

with all relevant Environmental Protection Policy, Conservation Category and Resource Enhancement Wetlands to be ceded to the Crown as a reserve as a condition of any subdivision approval.

4.7.3.7 For lots within 1000m on any existing approved Extractive

Industry, the potential to prejudice current or future extraction activities including the likely effects of vehicular traffic, noise, blasting, dust and vibration arising from the extractive industry on the proposed subdivision and potential new lots arising from the subdivision unless appropriate measures can be taken to ameliorate the adverse impacts.

4.7.4 General Development Requirements

The following shall apply to all development within the Rural Residential zone:

4.7.4.1 A building envelope shall be approved under the provisions of

Clause 7.1 of the Scheme (Planning Approval), unless otherwise approved as part of a Subdivision Guide Plan that was previously approved under the provisions of Scheme 3.

4.7.4.2 All Building Envelopes shall be located in accordance with the

following provisions:

(a) Shall not exceed 2000 square metres in area, unless otherwise specified in Appendix 4 in an approved Bushfire Management Plan.

(b) Minimise the need for clearing of remnant vegetation by being located within the most degraded area of the lot;

(c) Ensure consistency with the Bushfire Regulations with

respect site layout, vehicular access, fire fighting water supply and siting of development;

(d) Have regard for visual landscape values respecting views to

and from the development site through avoidance of significant rock outcrops, ridgelines and visually dominant topography; and

(e) Setback from relevant property boundaries as required by

Table 7 – Rural Residential zone.

4.7.4.3 Any variation of an approved building envelope shall be subject to the approval requirements for an application for development approval as required by the Scheme.

4.7.4.4 All development shall be contained within the approved Building

Envelope, which includes the following:


(a) The area for the construction of a dwelling and all outbuildings which shall generally be constructed in a central location within the building envelope to minimise clearing required for a Building Protection Zone as specified in the Bushfire Regulations;

(b) Contain effluent disposal systems and associated drainage

and potable water supply tank;

(c) Any earthworks or filling of the land, including those required to meet minimum finished floor levels as required;

(d) The undertaking of all land uses as set out in Table 7, unless

otherwise approved as part of an application for development approval.

4.7.4.5 Council may require the planting of trees and/or groups of trees,

where tree cover is considered deficient to facilitate rehabilitation of understorey species as a condition of any development approval.

4.7.4.6 No indigenous trees or other indigenous vegetation shall be

destroyed or cleared except where development approval has been obtained or is exempt under Section 6.5 of the Scheme.

4.7.4.7 Within a Nutrient Retention Area as identified in the relevant

Structure Plan, all development shall be serviced by an Aerobic Treatment Unit (ATU) that include high nutrient retaining capacities in accordance with Department of Health guidelines. In all other areas, conventional onsite effluent disposal systems shall only be permitted if located so as to achieve a 2 metre vertical separation between the base of any leach drain and the highest recorded groundwater level and at least a 100 metre horizontal separation from any water body.

4.7.4.8 All stormwater shall be contained on site.

4.7.4.9 The keeping of horses, sheep, goats and other grazing animals

shall be subject to the prior approval of the Council. Stocking rates shall be limited to those specified by Agriculture WA. Where in the opinion of the Council the continued presence of animals on any portion of land in the estate is likely to contribute, or is contributing to unsatisfactory environmental impact, notice may be served on the owner of the said land, requiring the immediate removal of those animals specified in the notice for a period specified in the notice.

4.7.4.10 All buildings intended for residential use must include provision

for the storage of water in tanks of not less than 130000 litres capacity where no arrangement has been made for connection to a reticulated water supply provided by a licenced water provider.

4.7.4.11 In respect of existing subdivisions, the development standards as

specified in Appendix 4 shall apply.


(c) Deleting the second sentence of Clause 4.8.1 and replacing with “This zone applies to those parts of the municipality that have significant environmental sensitivities”.

(d) Deleting Clause 4.8.3 (‘Rural Zone Specific Provisions’) and Clause 4.8.4

(‘Rural Zone General Provisions’) and replacing with the following:

4.8.3 Specific Provisions

The following shall apply to all new subdivision and development of land in the Rural zone:

4.8.3.1 Subdivision lot sizes shall be not less than 40 hectares but shall

be subject to the assessment of land capability, environmental asset and bushfire risk management measures together with the relevant plans, strategic advice and bulletins of the Western Australian Planning Commission and Environmental Protection Authority. The subdivider may be required to undertake strategic revegetation of cleared or degraded areas.

4.8.3.2 No indigenous trees or other indigenous vegetation shall be

destroyed or cleared except where development approval has been obtained or is exempt under Section 6.5 of the Scheme.

4.8.3.3 No clearing or development of any type will be permitted within

300m of the high water mark of Lake Clifton and the Peel-Harvey Estuary with the exemption of firebreaks as required.

4.8.3.4 Effluent disposal systems shall be located so as to achieve a 2

metre vertical separation between the base of any leach drain and the highest recorded groundwater level and at least a 100 metre horizontal separation from any water body.

4.8.3.5 The keeping of horses, sheep, goats and other grazing animals shall be limited to equivalents per hectare as recommended by the Department of Agriculture. Where in the opinion of the Council the continued presence of animals on any portion of land in the estate is likely to contribute, or is contributing to unsatisfactory environmental impact, notice may be served on the owner of the said land, requiring the immediate removal of those animals specified in the notice for a period specified in the notice.

4.8.3.6 A potable water supply comprising not less than 130,000 litre tank

is to be provided for each lot not connected to reticulated water at the time of developing the land with sheds and/or a dwelling.

4.8.3.7 All subdivision and development surrounding classified wetlands

shall be referred to the relevant state government agency responsible for wetland classification for assessment.

(e) Deleting the following from the Minimum Lot Area requirements in Table 7

– Rural Residential Zone: “2ha or 1ha with scheme water (with the

exception of those areas within the Lake Clifton catchment where generally an average lot size of 5ha with 2ha minimum is required)”, and replacing with “Determined in accordance with Clause 4.7.3 or as specified in Appendix No.4”.


(f) Deleting the following from the Other Requirements in Table 7 – Rural Residential zone: “& the EPA Bulletin 864 (Final criteria for Environmental Acceptability for Land Use proposals within the Catchment of Lake Clifton) requirements.

(g) Deleting the Other Requirements from the Dwelling (Single House) use in

Table 7 – Rural Residential Zone.

(h) Adding “With the intention of preserving and conserving the existing

natural vegetation and mature trees, and preventing land use practices detrimental to the amenity of the locality, no intensive agricultural or horticultural or market gardening activities will be permitted on the land within the Zone, although Council may permit domestic scale activities within the defined Building Envelope only” into the other requirements Intensive Agriculture, Hobby Farm, Rural Pursuit land uses.

(i) Deleting provisions 2 and 3 of the area specific provisions for Areas 8 and

9 of Appendix 4 - Special Requirements – Rural Residential and replacing with “2. Subdivision lot sizes shall be no less than 2ha. Lot sizes shall nethertheless be dependent on the assessment of land capability, bush fire

hazard, biodiversity conservation and environmental constraints”.

(j) Amending the Scheme Maps to include an Additional Use overlay on Lot 20 Old Coast Road, Bouvard and inserting the following provisions into Appendix 2 – Additional Uses:

NO LAND PARTICULARS

BASE ZONE

ADDITIONAL USES

DEVELOPMENT STANDARDS/CONDITIONS

17 Lot 20 Old Coast Road, Bouvard

Rural Convenience Store

Nil

Dated this 13th day of September 2016 Chief Executive Officer.” The Amendment is standard under the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reason(s): (a) The amendment is consistent with the Southern Mandurah Rural Structure

Plan which was endorsed by Council on the 25 March 2015 .

5 That, in accordance with Section 81 of the Planning and Development Act 2005, the above-mentioned amendments be forwarded to the Environmental Protection Authority for its assessment under the provisions of the Environmental Protection Act 1986.

6 That the appropriate amendment documentation be prepared prior to the above-

mentioned amendments being forwarded to the Environmental Protection Authority.

CARRIED UNANIMOUSLY: 9/0 (This item was adopted en bloc)


REPORTS [AGENDA ITEM 17] G.8/9/16 PROPOSED TRIATHLON EVENTS 2017 (DC / CJ) (REPORT NO. 1)

In 2015 Council committed $100,000 per year to be used in relation to the City engaging Sports Marketing Australia to work with the City to increase visitors to Mandurah through sports tourism. In recent months, the City has been presented with a number of opportunities to host state and national sporting events. Officers are required to seek Council approval for any events that have a value of over $10,000. Sports Marketing Australia has recently presented two (2) Triathlon style events to the City for consideration by Council, both events provide an economic benefit to the City along with mass participation numbers. The events are a Triathlon on a National event circuit and an International Triathlon Long Course weekend. The events differ in nature with the National Triathlon event being like the Ironman 70.3 with the Swim, Bike and Run legs being conducted all on one day. The Long Course weekend is a full Ironman length event but run over three days Swim day 1, Bike day 2 and Run day 3. The hosting fees for the two events are up to $20,000 for the National Triathlon Event and $25,000 for the Long Course Weekend Event with both events scheduled to commence in late 2017. Following an assessment of the benefits to the Mandurah community and the economic impact of the two events, officers are recommending that Council supports the Long Course Weekend Event commencing in November 2017. Council is requested to prioritise the Long Course Weekend Event over the Triathlon Festival event and approve the City to enter into a three (3) year agreement with Sport 3 Innovations to deliver the event. Council are also requested to approve the $25,000 per annum hosting fee be paid to Sport 3 Innovations with budgeted funds from the Recreation Services annual operating budget. MOTION: F Riebeling / P Rogers That Council:

1. Prioritises the Long Course Weekend Mandurah event over the Triathlon Festival event.

2. Approves the Chief Executive Officer (Manager Recreation Centres & Services) to negotiate a 3 year agreement with Sport 3 Innovations for the delivery of the Long Course Weekend Mandurah event (2017-2019).

3. Acknowledges that funding for the Long Course Weekend Mandurah event ($25,000 in 2017) will be allocated through the Recreation Services annual operating budget.



G.9/9/16 RELOCATION OF JETBOARDING AREA: JET X-TREME (SVJ / TF) (REPORT NO. 2)

The City has received a request from Jet X-treme to relocate and operate their jetboarding business to an area off Stingray Point on a temporary basis and introduce Jet ski tours from the same area. A Trading in Public Places License was renewed by Council on the 22nd of September 2015 to operate a jetboarding business off the Eastern Foreshore with a condition that if the trading activity is to impact upon the operations of the City in terms of infrastructure maintenance, replacement or construction and/or conducting of City events, the trading activity is to cease during the period of that impact, as determined by the City. The License holder was advised that the replacement of the Eastern Foreshore seawall may impact on the operation of trading resulting in the City requiring the trading to cease. It is recommended that Council grants permission to Jet X-treme to relocate the jetboarding area from the Eastern Foreshore to Stingray Point on a temporary basis from October 2016 to December 2016 or until the construction of the new seawall is completed after which the operation will relocate back to the existing area on the Eastern Foreshore. It is not recommended to approve the introduction of Jet Ski tours from Stingray Point or the Eastern Foreshore until the process of consolidating the different licencing systems for tourism activities from public land has been adopted by Council. Report Recommendation That:

1. Council delegates authority to the Chief Executive Officer (Manager Planning & Land Services) to issue a trading in public places license to Jet X-treme to operate a jetboarding business off Stingray Point.

2. The licensee shall operate within the following areas only:

Stingray Point – as identified in this report as New Temporary Location

2.1 Any modifications to the City’s infrastructure required to accommodate the temporary approved area is to be subject to the approval of the City of Mandurah and is to be at Jet X-treme’s cost.

2.2 If the trading activity is to impact upon the operations of the City in terms of

infrastructure maintenance, replacement or construction and/or conducting of City events, the trading activity is to cease during the period of that impact, as determined by the City.

2.3 Jet X-treme will work in collaboration with the City to reduce any impact on

other community bookings and activities (ie. wedding ceremonies) that are managed by the City and taking in place in the vicinity of the new temporary location.

2.4 Approval is granted for the period of 1 October 2016 to 31 December 2016

excluding Christmas Day, between the hours of 09:00am to 5:30pm or until the construction of the new seawall is completed after which the operation will relocate back to the existing jetboarding area on the Eastern Foreshore.

3. The City does not approve the introduction of Jet Ski Tours at the proposed area or on

the Eastern Foreshore until a consolidated licencing system for tourism activities from public land has been adopted by Council.


MOTION: C Knight / F Riebeling That the relocation of the jetboarding area: Jet X-treme be deferred to the Council meeting of 27 September, 2016. *ABSOLUTE MAJORITY REQUIRED* CARRIED WITH ABSOLUTE MAJORITY: 9/0

G.10/9/16 RELOCATION AQUALIB ECO ADVENTURES (SVR / TF) (REPORT

NO. 3)

The City has received a request from Aqualib Eco Adventures to relocate and operate their business from the jetty off the Boardwalk next to the Dome on a temporary basis. A Trading in Public Places License was issued by Council on the 10 November 2015 with a condition that if the trading activity is to impact upon the operations of the City in terms of infrastructure maintenance, replacement or construction and/or conducting of City events, the trading activity is to cease during the period of that impact, as determined by the City. The License holder was advised that the replacement of the Eastern Foreshore seawall may impact on the operation of trading resulting in the City requiring the trading to cease. It is recommended that Council grants permission to Aqualib Eco Adventures to relocate to the jetty off the Boardwalk next to the Dome on a temporary basis from October 2016 to December 2016 or until the construction of the new seawall is completed after which the operation will relocate back to the existing area on the Eastern Foreshore. MOTION: F Riebeling / D Schumacher That:

1. Council delegates authority to the Chief Executive Officer (Manager Planning & Land Services) to issue a trading in public places license and non-exclusive jetty license to Aqualib Eco Adventures to operate a charter tour business from the jetty off the Boardwalk next to the Dome.

2. The licensee shall operate within the following areas only:

The jetty off the Boardwalk next to the Dome – as identified in this report as new temporary location. 2.1 Any modifications to the City’s infrastructure required to accommodate the

temporary approved area is to be subject to the approval of the City of Mandurah and is to be at Aqualib Eco Adventure’s cost.

2.2 If the trading activity is to impact upon the operations of the City in terms of

infrastructure maintenance, replacement or construction and/or conducting of City events, the trading activity is to cease during the period of that impact, as determined by the City.


2.3 Approval is granted for the period of 1 October 2016 to 31 December 2016 excluding Christmas day, between the hours of 09:00am to 5:30pm or until the construction of the new seawall is completed after which the operation will relocate back to the existing approved jetty on the Eastern Foreshore.

*ABSOLUTE MAJORITY REQUIRED* CARRIED WITH ABSOLUTE MAJORITY: 9/0 G.11/9/16 RED ROAD MASTER PLAN (CJ / BI) (REPORT NO. 4) For some years the City has been undertaking a review of the site at 35 Red Road, Parklands. The site has historically been subject to unregulated filling and the City has been investigating potential sources of contamination in accordance with the Contaminated Sites Act 2003. Following preliminary consultation with resident’s surrounding the property, the City has now reached a point where a plan for the future use of the site could be consulted with the wider community. Whilst the delivery of the capital elements of this plan would be some years away and require inclusion within the City’s long term capital plan, the master plan will assist in guiding short term remediation actions. This includes revegetation, fencing and weed management which are included within the 2016/17 budget. The masterplan will provide clear direction to nearby properties about Council’s intention for the land in long term. It is requested that Council note the draft master plan for future development of the Red Road site and approve Officers to undertake a community consultation process to the finalise the master plan. Councillor Knight left the Chamber at 6.02pm prior to consideration of this item having declared a proximity interest.

MOTION: F Riebeling / D Schumacher That Council:

1. Notes the Red Road Master Plan as detailed in Attachment 1 for community consultation.

2. Approve officers undertaking a community consultation process within the

suburb of Parklands and via the City’s Have Your Say website and provide a report back to Council.

CARRIED UNANIMOUSLY: 8/0 Councillor Knight returned at 6.05pm. G.12/9/16 PRIVATE PROPERTY PARKING AGREEMENT HALLS HEAD

CENTRAL LOT 504 NUMBER 14 GUAVA WAY, HALLS HEAD (BI) (REPORT NO. 5)

The City has been in discussions with Vicinity Custodian Pty Ltd to enter a Private Property Parking Agreement that allows staff from the development known as Halls Head Central to act


as authorised officers on the property at Lot 504, No 14 Guava Way, Halls Head and enforce the provisions of the City’s Parking and Parking Facilities Local Laws 2015. This report endorses the City entering into a Private Property Parking Agreement with Vicinity Custodian Pty Ltd modelled on the draft agreement (excluding appendices) is located in Attachment 1. Parking restrictions are recommended for approval in accordance with the plan detailed with Attachment 2. MOTION: F Riebeling / C Knight That Council:

1. Approves the execution of a Private Property Parking Agreement modelled on the draft Private Property Parking Agreement with sign off to the agreement provided by the Chief Executive Officer.

2. Approve Parking restriction on the site of Lot 504 No. 14 Guava Way, Halls Head,

known as Halls Head Central in accordance with Attachment 2. CARRIED UNANIMOUSLY: 9/0 G.13/9/16 APPOINTMENT OF COMMUNITY REPRESENTATIVES TO

MANDURAH COASTCARE COORDINATING ADVISORY GROUP (JB) (REPORT NO. 6)

Council has a number of Advisory Groups that have been established by Council on the basis that they are not formal Committees of Council, but nevertheless provide valuable advice or information in particular areas. In addition to an Elected Member representative, the Mandurah Coastcare Coordinating Advisory Group includes representatives from coastal community volunteer groups listed in the Terms of Reference. Council is now requested to consider the appointment of three community representatives to the Mandurah Coastcare Coordinating Advisory Group for a term expiring at the 2017 Local Government Election. MOTION: R Wortley / S Lawson That Council:

1. Appoints the following persons/representatives to the Council Advisory Groups as listed below for a term expiring 21 October 2017, in line with local government elections: 1.1. Mandurah Coastcare Coordinating Group

Wayne Cable – Halls Head Coastcare Group

Melinda Horton – Bouvard Coastcare Group

Graeme Dixon – Falcon Coastcare Group CARRIED UNANIMOUSLY: 9/0


G.14/9/16 REGIONAL ROAD GROUP: REALLOCATION OF PROJECT FUNDING (AC) (REPORT NO. 7)

The City has received notification from Main Roads Western Australia (MRWA) that additional Regional Road Group funding has been made available to the City of Mandurah in the 2016/2017 financial year. An additional funding amount of $90,000 has been offered for the nominated project, Gibson Street, which was submitted for consideration in the 2016/2017 program and previously endorsed by Council. In line with the Regional Road Group funding guidelines, the City is required to provide a contribution of $45,000 towards the project. It is proposed to fund the contribution of $45,000 from the Asset Management Reserve Account. Council is requested to accept the additional Regional Road Group funding and agree to fund its matching funding component. MOTION: T Jones / P Rogers That Council:

1. Accept the additional South West Regional Road Group funding allocation of $90,000 for Gibson Street.

2. Approve the allocation of funding ($45,000) from the Asset Management Reserve

Account.

*ABSOLUTE MAJORITY REQUIRED*

CARRIED WITH ABSOLUTE MAJORITY: 9/0 G.15/9/16 SOUTH WEST REGIONAL ROAD GROUP: 2017/2018 ROAD

FUNDING GRANT SUBMISSION (AC) (REPORT NO. 8)

Main Roads Western Australia has requested local governments to submit applications for the 2017/2018 Regional Road Group Road Project Grants. This funding is made available via a State Road Funds to Local Government Agreement. The funding applies only to those roads which are deemed to be of regional significance and incorporated in the MRWA ROADS 2030 Regional Strategies for Significant Local Government Roads. This report proposes four projects for consideration by the Regional Road Group and Council is requested to endorse the projects for submission for funding consideration. MOTION: F Riebeling / C Knight That Council endorses the following road projects for submission for Regional Road Group funding in 2017/2018:

Pinjarra Road – Arnold Street to Mandurah Road

Dower Street (Pinjarra Road/Coolibah Avenue intersection)


Lakes Road – staged construction from Lakes Road East to Bedingfeld Road

Gibson Street – staged construction from Sutton Street to Anstruther Road.

CARRIED UNANIMOUSLY: 9/0 Mayor Vergone adjourned the meeting at 6.14pm to permit correspondence received from Toyworld Mandurah and the Owners of 10 Dower Street to be circulated and tabled to Elected Members. The meeting resumed at 6.18pm.

G.16/9/16 MANDURAH FORUM SHOPPING CENTRE REDEVELOPMENT:

APPROVAL TO CONSTRUCT ROAD WORKS (DP / AC) (REPORT NO. 9)

The developer of the Mandurah Forum Shopping Centre, Vicinity Centres Development Pty Ltd, is required as part of its development approval, to upgrade a number of roads adjacent to the shopping centre. In line with Council’s approval of the centre redevelopment, Dower Street and Clarice Street are required to be upgraded. The stage has been reached where the road designs have been completed. The City has been asked by Vicinity Centres Development Pty Ltd to construct the required roadworks subject to agreement on price. Both Dower Street and Clarice Street are roads under the care, control and management of the City of Mandurah. In terms of addressing probity perceptions that may arise out of the City being an approving authority and undertaking construction, this report is presented to provide transparency around the process that has been put in place to separate the roles. Council is requested to acknowledge that a separation of roles has been implemented and approves the City undertaking the required roadworks for the development on the basis of managing its own assets. Hon Councillor Riebeling moved the report recommendation with the inclusion of point 4. Councillor Schumacher seconded the motion. Discussion ensued pertaining to works timelines and communications to businesses. The Chief Executive Officer, Director Works and Services and Executive Manager Strategy and Business Performance responded to all aspects of the discussion. MOTION: F Riebeling / D Schumacher That Council

1. Approves the City of Mandurah (Works and Services Directorate) to undertake the construction of Dower Street subject to both the agreement for payment of $1.75 million by Vicinity Centres Development Pty Ltd, and the appointment of independent consultants to review both the design and construction of the road.


2. Authorises the Chief Executive Officer (Corporate Lawyer) to finalise the legal agreement for the construction of Dower Street with Vicinity Centres Development Pty Ltd.

3. Acknowledges that the statutory processes required to be undertaken by the

City of Mandurah have included provision of third party reviewing in order to allow both design and construction activities to be considered as well as the City’s role as an approving authority.

4. Note the expected stage completion dates will result in the delivery of the road

upgrade for Vicinity Nominees to coincide with the proposed opening on 17 December 2016 of the multi-storey carpark adjacent to Dower Street:

Early Works – September / October 2016

Road Works – Completion mid November 2016

Verge Works – Completion 17 December 2016 CARRIED UNANIMOUSLY: 9/0 G.17/9/16 TENDER NUMBER 04-2016 – PLANT AND MACHINERY WET HIRE

(KB) (REPORT NO. 10)

The City of Mandurah invited tenders for Plant and Machinery Wet Hire on 28 May 2016. The tender called for various plant and machinery to be supplied to the City’s. The specification allowed for seven separable portions for different machinery types and notice periods. Council approval is sought to select Remote Civils Australia Pty Ltd as the successful tenderer for all seven separable portions for a period of five years. MOTION: D Schumacher / F Riebeling That Council awards Remote Civils Australia Pty Ltd the contract under Tender 04-2016 for Plant and Machinery Wet Hire for all seven Separable Portions, for a period of Five years, commencing on 3 October 2016 and expiring on 2 October 2021 subject to satisfactory performance, at the schedule of rates offered with CPI increases at each twelve month contract anniversary date. CARRIED UNANIMOUSLY: 9/0 G.18/9/16 TENDER NUMBER 09-2016 – SUPPLY AND DELIVERY OF PVC

PIPES, SUBSIDIARY FITTING AND SPRINKLERS (KB) (REPORT NO. 11)

The City of Mandurah invited tenders for the Supply and Delivery of PVC Pipes, Subsidiary Fitting and Sprinklers on 4 June 2016. The tender required the supply and delivery of pressure PVC pipes, subsidiary fittings and sprinklers in accordance with the specifications as mentioned in this request. This document will consist of 3 separable portions. The Tenderers may have elected to respond to all of the Separable Portions or one or more individual portions in this specification.


The separable portions are as follows:

Separable Portion One (1) – PVC Pipes

Separable Portion Two (2) – Subsidiary Fittings

Separable Portion Three (3) – Sprinklers Council approval is sought to select Total Eden Pty Ltd as the successful tenderer for Supply and Delivery of PVC Pipes, Subsidiary Fitting and Sprinklers for all separable portions, for a contract period of four years. Councillor Knight moved and Hon Councillor Riebeling seconded the motion as presented. Councillor P Rogers requested clarification of the disclosure of interest noted in the report to which the Corporate Lawyer and Manager Operation Services responded. MOTION: C Knight / F Riebeling That Council awards Total Eden Pty Ltd the contract under Tender 09-2016 for the Supply and Delivery of PVC Pipes, Subsidiary Fitting and Sprinklers for all separable portions for a period of four years, commencing on 1 October 2016 and expiring on 30 September 2020, at the schedule of rates offered with annual pricing adjustments in accordance with the accepted price variation mechanism.

CARRIED UNANIMOUSLY: 9/0 G.19/9/16 CITY OF MANDURAH STRATEGIC COMMUNITY PLAN 2013-2033 –

COMMUNITY ENGAGEMENT PLAN FOR MAJOR REVIEW (TW / GD) (REPORT NO. 12)

As part of the Western Australian Government’s Integrated Planning and Reporting Framework (IPRF) requirements, all WA local governments are required to periodically review their Strategic Community Plans. At a minimum, a desk-top review of the Strategic Community Plan should be undertaken every two years, while a full review and renewed long term visioning process should be conducted every four years. This ensures that community priorities and aspirations are kept up-to date and remain relevant. The City of Mandurah’s Strategic Community Plan 2013-2033 was adopted in April 2013, and is due for a major review in the 2016/17 financial year. A desktop review was undertaken in June 2015, as part of IPRF requirements two years after adoption. Strategic planning occurs through a planned process of community engagement that captures input from diverse groups, ensuring that the City’s vision, aspirations and objectives are representative of community views. In 2012, when the City developed its Strategic Community Plan, the City undertook extensive community engagement using a range of techniques, including print, face-to-face engagement, online consultation and market research. The community plays a key role in shaping the City’s future, as the community’s vision, aspirations and service needs are what determines the City’s direction and operations. The full review at the four- year period is a renewed long term visioning process, which therefore requires further community engagement.


In June 2016 a report outlining the plan for the review of the City’s Strategic Community plan was presented to Council, and adopted, noting that a further report including the Community Engagement Plan will be presented in September 2016. Council is requested to adopt the Community Engagement Plan for the review of the City’s Strategic Community Plan. MOTION: F Riebeling / C Knight That Council approves the Community Engagement Plan for the review of the City’s Strategic Community Plan. CARRIED UNANIMOUSLY: 9/0 G.20/9/16 DECEMBER 2016 / JANUARY 2017 COMMITTEE AND COUNCIL

MEETINGS (WP) (REPORT NO. 13)

Council is requested to consider changing the meeting schedule during December 2016 and January 2017 to accommodate the traditional break over the festive season, while ensuring that the business and decision making of Council is unaffected. MOTION: C Knight / D Schumacher That Council:

1 Approves the following changes to the December 2016 schedule of meetings:

1.1 The Planning Committee meeting will be held on Tuesday 6 December 2016,commencing at 5.30pm;

1.2 The meeting of the Audit and Risk Committee will be held on Monday 5 December 2016, commencing at 5.30 pm;

1.3 The ordinary Council meeting will be held on Tuesday 20 December 2016, commencing at 5.30 pm.

2 Approves the following changes to the January 2017 schedule of meetings:

2.1 The Planning Committee will be held on Tuesday 17 January 2017,

commencing at 5.30 pm;

2.2 The ordinary Council meeting scheduled to be held Tuesday 10 January 2017 will be cancelled.

CARRIED UNANIMOUSLY: 9/0 MOTIONS OF WHICH NOTICE HAS BEEN GIVEN [AGENDA ITEM 19] Nil.


NOTICE OF MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING [AGENDA ITEM 20] Nil. LATE AND URGENT BUSINESS ITEMS [AGENDA ITEM 21] Nil. CONFIDENTIAL ITEMS [AGENDA ITEM 22]

RESOLVED: F Riebeling / D Schumacher

That the meeting proceeds with closed doors at 6.47pm in accordance with Section 5.23(2)(a) and (e) of the Local Government Act 1995, in order to allow for the confidential discussion of items containing information regarding an employee and commercially sensitive information.

CARRIED UNANIMOUSLY: 9/0 Members of the media, senior employees and persons in the public gallery left the meeting at this point. The Senior Governance Officer remained with the Chief Executive Officer.

THE MEETING PROCEEDED WITH CLOSED DOORS AT 6.47PM G.21/9/16 CONFIDENTIAL ITEM: STAFF APPOINTMENT (CONFIDENTIAL

REPORT 1)

Confidential discussion ensued regarding this issue. MOTION: F Riebeling / P Rogers That Council: 1 Keeps the report and resolution confidential.

CARRIED: 9/0 CONFIDENTIAL ITEM: PRESENTATION BY MURDOCH UNIVERSITY

The Chief Executive Officer advised this item had been withdrawn and would be presented via an Elected Member Briefing at a time to be coordinated.


MOTION: D Schumacher / P Rogers That the meeting proceeds with open doors.


THE MEETING PROCEEDED WITH OPEN DOORS AT 7.03PM MOTION: R Wortley / C Knight That Council endorses the resolution made behind closed doors.

CARRIED UNANIMOUSLY: 9/0 CLOSE OF MEETING [AGENDA ITEM 23] There being no further business, the Mayor declared the meeting closed at 7.03pm. CONFIRMED ……………………………………………….. (MAYOR)

held on tuesday 13 september 2016€¦ · minutes of council meeting: tuesday 13 september 2016...

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