Loading...
HomeMy WebLinkAboutCouncil - 2015-04-23 S SPECIAL COUNCIL MINUTES APRIL 23, 2015 CITY OF KITCHENER A special meeting of City Council was held at 11:02 a.m. this date, chaired by Mayor B. Vrbanovic with all members present. Notice of this meeting had been previously given to all members of Council by the City Clerk pursuant to Chapter 25 (Council Procedure) of the Municipal Code. 1. WITHDRAWAL OF NOTICE OF INTENTION TO DESIGNATE Council considered Community Services Department report CSD-15-038, dated April 21, 2015, recommending the withdrawal of the notice of intention to designate the property municipally known as 11 Young Street (former Mayfair Hotel), legally described as Part of Lots 1 and 2, Plan 362, City of Kitchener, being Part 10 on Plan 58R-16710, to facilitate the issuance of a demolition permit to address unsafe and unstable conditions and immediate life safety concerns at the subject property. Additionally, Council was in receipt this date of correspondence from Mayfair Hotel Development Corporation, dated April 22, 2015, submitted in support of the demolition application outlining the heritage features they will endeavour to preserve during the demolition process. Mr. M. Seiling, Director of Building and Chief Building Official (CBO), reviewed Report CSD-15-038, advising that on April 11, 2015, a water service break occurred flooding the basement of 11 Young Street (former Mayfair Hotel) and damaging the building’s foundation wall along Young Street. On April 13, 2015, he completed a site inspection, observing a 1.2m wide by 0.3m high breach in the foundation wall and a main floor masonry pier, which supports the upper floors, was bowing six inches into the building; both are within 15 feet of each other. Following his site inspection, the City retained MTE Consultants to undertake an additional structural assessment of the building. Based on the results of the site inspection and the expert advice of two separate structural engineering consultants, on April 16, 2015, Mr. Seiling issued an Order to Remedy an Unsafe Building which called for the demolition of 11 Young Street due to the unsafe and unstable conditions and immediate life safety concerns. He indicated the 2008 Notice of Intention to Designate the building under the Ontario Heritage Act must be withdrawn before a demolition permit can be issued. Mr. Bernie Nimer, Mayfair Hotel Development Corporation, advised that over the past six months he has spent $250,000 to undertake a forensic demolition of 11 Young Street to identify the condition of the building’s structure by removing the interior wall finishes. In December 2014, Blackwell Structural Engineers completed an examination of the building, and at that time identified several structural issues; however, those did not represent immediate life safety concerns. He stated, as part of maintaining the building, he had installed a Direct Detect Fire Monitoring system and proactively secured the building from any potential water leaks. He advised all of the conditions in the covenant of sale were complied with and he had every intention of pursuing some form of adaptive reuse of the building. He noted all previous design options are now off the table, adding it is too early to speculate as to what might be constructed in the future. Ms. Lisa Harmey addressed Council in opposition to the demolition of 11 Young Street, advising neither of the Blackwell Structural Engineering reports have been released to the public. She questioned whether the engineers who undertook the structural assessment of the building had experience with heritage restoration projects. She suggested the decision to withdraw the notice of intention should be delayed to allow time for a peer review of the structural engineer’s reports as well as an architectural heritage assessment of the building to determine if it could be preserved. She asked that additional effort be made to explore whether the King Street and/or Young Street façades could be retained and noted concerns regarding the possible impact the demolition may have on the adjoining building at 158 King Street. Ms. Kae Elgie, Architectural Conservancy of Ontario (ACO), requested Council delay withdrawing the notice of intention to allow time for a heritage assessment of the subject building to be undertaken. She cited several examples of heritage buildings across Ontario that were significantly deteriorated, but were able to be restored. She stated the ACO has the Preservation Works program, which provides preliminary expert advice on the condition of heritage buildings. She noted the ACO has extended an offer to the City to utilize the Preservation Works program to examine the former Mayfair Hotel. She questioned whether staff had requested if MTE Consultants determined what it would take to make the building structurally sound as part of their assessment. She encouraged Council to seek this advice from a heritage consultant prior to rendering a decision. SPECIAL COUNCIL MINUTES APRIL 23, 2015 - 74-CITY OF KITCHENER In response to questions, Ms. Elgie confirmed the services of Preservation Works could be expedited for 11 Young Street, acknowledging it would be a preliminary assessment and not on the same level as a detailed analysis conducted by a structural engineer. She expressed skepticism as to the immediate need for the building’s demolition, noting other buildings have been remediated even after they were deemed to be unsafe. She indicated it is unclear as to whether the MTE Consultant has special knowledge or experience with heritage buildings, adding she would be satisfied knowing that someone with this kind of expertise assessed the building. Mr. James Howe addressed Council in opposition to the demolition of the former Mayfair Hotel, suggesting the City should delay the withdrawal of the notice of intention to allow time for an additional review to identify whether it could be preserved. He encouraged Council to proactively move forward with the redevelopment of the former Legion Building on Ontario Street, to hopefully avoid having it suffer a similar fate as 11 Young Street. Mr. Kurt Ruhland, P.Eng., MTE Consultants, confirmed he undertook the structural building condition assessment on 11 Young Street, advising that while he is not a heritage specialist, he does have experience with heritage restoration projects. He stated the internal peer review conducted on his building assessment of the former Mayfair Hotel was done by the same engineer who oversaw the preservation of the Seagram’s Lofts in Waterloo. He cited several examples of heritage projects he has worked on, including being the project lead on the restoration of the 150-year-old Devereaux House in Halton Hills as well as working on the conservation and relocation of the Eby House in Kitchener. In response to questions, Mr. Seiling advised he did not receive a copy of the December 2014 Blackwell Structural Engineer’s report until April 13, 2015, adding he received Mr. Nimer’s second engineer’s report on April 14, 2015. He indicated he was a manager in the Building Division when the Forsyth Factory was demolished in 2006, adding at that time questions were raised as to whether staff should acquire a second opinion prior to the demolition. He stated learning from that experience, MTE Consultants were retained to undertake an additional building assessment. He added the findings of the two separate engineering consultants’ reports confirmed his appraisal that the building is unsafe. He noted having issued the Order to Remedy an Unsafe Building, a further architectural heritage assessment would not change his position that the only viable option to address the immediate life safety concerns is to demolish the building. He reiterated the repair of any structural deficiencies is not possible without jeopardizing the lives of workers; accordingly, he would not permit anyone to enter the building whose work is unrelated to the demolition. He confirmed that pending Council’s withdrawal of the notice of intention, a demolition permit could be issued as early as April 27, 2015. On motion by Councillor K. Galloway-Sealock, seconded by Councillor P. Singh, the recommendation contained in Report CSD-15-038 was brought forward for consideration. A motion was brought forward by Councillor F. Etherington, seconded by Councillor Y. Fernandes, to defer consideration of withdrawing the notice of intention to designate until the May 4, 2015 special Council meeting to allow time for a heritage assessment to be undertaken of the subject property. LOST Councillor Etherington’s deferral motion was voted on and was on a recorded vote, with Councillors J. Gazzola, F. Etherington, Y. Fernandes and Z. Janecki voting in favour; and, Mayor B. Vrbanovic and Councillors K. Galloway-Sealock, S. Marsh, P. Singh, D. Schnider, S. Davey and B. Ioannidis voting in opposition. Moved by Councillor K. Galloway-Sealock Seconded by Councillor P. Singh “That pursuant to Section 29(6)(b) of the Ontario Heritage Act, the Notice of Intention to Designate the property municipally known as 11 Young Street (former Mayfair Hotel) – legally described as Part of Lots 1 and 2, Plan 362, City of Kitchener, being Part 10 on Plan 58R- 16710 – be hereby withdrawn, as outlined in Community Services Department report CSD-15- 038; and further, That the Clerk be directed to serve a notice of the withdrawal on the property owner, as well as the Ontario Heritage Trust, and publish said notice in a newspaper having general circulation in the City of Kitchener.” SPECIAL COUNCIL MINUTES APRIL 23, 2015 - 75-CITY OF KITCHENER A recorded vote was requested. In Favour: Mayor B. Vrbanovic and Councillors K. Galloway-Sealock, S. Marsh, P. Singh, D. Schnider, S. Davey and B. Ioannidis. Contra: Councillors J. Gazzola, F. Etherington, Y. Fernandes and Z. Janecki. Motion Carried. Councillor S. Marsh requested that staff be directed to report to Council on best practices for the future preservation of heritage buildings in the City of Kitchener. Mr. D. Chapman confirmed that at the May 5, 2015 Heritage Kitchener meeting, the Committee is anticipated to discuss the possible reuse of the materials that may be salvaged from the former Mayfair Hotel. He added a number of Committee members have expressed an interest in a program the City could run to ensure that heritage buildings remain in a sound condition until they are reused; th and, a discussion of such a program is anticipated to take place at the May 5 meeting. Moved by Councillor S. Marsh Seconded by Councillor Y. Fernandes “That staff be directed to consult with Heritage Kitchener, at the Committee’s May 5, 2015 meeting, on best practices for the future preservation of heritage buildings in the City of Kitchener, with a report to be provided at a future Council meeting.” Carried. At the request of Councillor J. Gazzola, it was agreed that information would be circulated to Council regarding the changes that were made to the City’s Property Standards By-law to protect heritage buildings. At the request of Councillor Y. Fernandes, Mr. Seiling agreed to provide additional information to Council regarding the potential impact the demolition would have on the adjacent property. At the request of Councillor K. Galloway-Sealock, it was agreed that information would be provided identifying the heritage buildings that have been preserved in the City of Kitchener, such as, the Eby House. 2. BY-LAW FOR THREE READINGS Moved by Councillor B. Ioannidis Seconded by Councillor S. Davey “That leave be given the Mover and Seconder to introduce a by-law to confirm all actions and proceedings of the Council and that the same be taken as read a first, second and third times, be finally passed and numbered 2015-041 by the Clerk.” Carried. On motion the meeting adjourned at 2:08 p.m. MAYOR CLERK