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HomeMy WebLinkAboutCouncil - 2006-01-09 SSPECIAL COUNCIL MINUTES JANUARY 9, 2006 CITY OF KITCHENER A special meeting of City Council was held at 4:53 p.m. this date, Chaired by Mayor C. Zehr and with all members present. Notice of this special meeting had been previously given to all members of Council by the City Clerk pursuant to Chapter 25 (Council Procedure) of the Municipal Code. Council considered a matter arising from the Finance and Corporate Services Committee meeting held this date regarding the delegation of signing authority for Data Exchange Agreements. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the City Clerk be authorized to execute agreements satisfactory to the City Solicitor for the exchange of City information/data from or to the City of Kitchener with public agencies, educational institutions and all levels of government, which require the information for public or educational, non-commercial purposes; said release of any information to be in compliance with any legislative obligations." Carried. Moved by Councillor J. Smola Seconded by Councillor C. Weylie "That an in-camera meeting of City Council be held this date to consider two personal matters and a matter subject to solicitor-client privilege." Carried. The meeting then recessed at 4:56 p.m. and re-convened at 5:40 p.m., Chaired by Mayor C. Zehr and with all members present. Council considered a matter arising from the in-camera meeting of Council held this date regarding an amendment to the Retail Component Purchase Agreement with Barrel Works Kitchener Limited and Barrel Works Market Shops Inc. to extend the closing date of the original agreement. Moved by Councillor M. Galloway Seconded by Councillor G. Lorentz "That the Mayor and Clerk be authorized to execute an amendment to the Retail Component Purchase Agreement with Barrel Works Kitchener Limited and Barrel Works Market Shops Inc. to extend the closing date to February 15, 2006 on terms and conditions satisfactory to the City Solicitor." Carried. Mayor C. Zehr advised that staff wish to provide Council with some important information regarding the Forsyth Building. Mr. J. Witmer, Director of Building & Chief Building Official, advised that in late December 2005 the firm of Sze Straka Engineers were retained by the City to conduct a structural assessment of the Forsyth Building, 31 Young Street, in order to determine the cause of visible cracks in the exterior of the building and a recent incident involving bricks becoming loose and falling from the building. Mr. Witmer further advised that he received the engineer's report this date and subsequently he and the consulting engineer undertook an inspection of the building where they found loose masonry, significant wall movement, deterioration of the building structure and general damage throughout the building. Mr. Witmer gave notice that as the Chief Building Official for the City and in accordance with the Building Code Act he will be serving an Order that the building is unsafe and requiring demolition of most of the building as soon as possible. Mr. Witmer explained that the Forsyth Building was constructed around the original house in five phases over a number of years during the early part of the 1900s. Phases 1 and 2 which face the south side of the property must be demolished due to the lack of structural integrity and, due to the fact that the two phases both share common walls with Phase 4; that Phase 4 will also be required to be demolished. He SPECIAL COUNCIL MINUTES JANUARY 9, 2006 - 2 - CITY OF KITCHENER pointed out that Phase 3 was previously demolished when the City took ownership two years ago. Mr. Witmer added that Phase 5 which fronts onto Duke Street and includes the Art Deco structure and the house abutting the factory may be structurally sound enough to remain but this will have to be determined when the rest of the building is removed. Councillor M. Galloway asked if Mr. Witmer required Council approval for the Order. Mr. Witmer responded that in his capacity as Chief Building Official and working in accordance with the Ontario Building Code Act he did not require approval from Council and that his actions were being taken to ensure the safety of the community. Councillor J. Gazzola asked if there was time to obtain a second opinion from another engineering firm. Mr. Witmer responded that a second opinion could be sought but he was not comfortable waiting for a second opinion in this matter and in order to reduce any liability to the City and to ensure public safety, the demolition will have to take place as soon as possible. Councillor B. Vrbanovic asked if there is any appeal process that could be undertaken with respect to the Order. Mr. Witmer advised that under Section 25 of the Building Code Act, the City could appeal to a judge but in this case and due to the severe deterioration of the building, he would invoke the emergency measures outlined in the Act and any appeal would be heard after the building was demolished. Mr. Witmer added that options for saving the building were discussed with the consulting engineer and although the consultant advised that the entire building should be demolished, it was agreed to leave Phase 5, fronting onto Duke Street, for further assessment once the demolition was completed. C. Ladd, Chief Administrative Officer, advised that as staff are preparing for the demolition they will also undertake an investigation and review of the Phase 5 portion of the property and report back to Council with any recommendation at the January 16, 2006 Council meeting. Councillor Galloway asked whether the designation under the Ontario Heritage Act would that have any bearing on the Order given. Mr. Witmer advised that due to the unsafe condition the Building Code Act takes precedent. Councillor Gazzola questioned why no advance warning of the imminent collapse of the building was given. L. Proulx, Director of Facilities Management, advised that staff arranged for the engineering consultant to make a detailed assessment of the building when there was physical evidence to suggest the deterioration had progressed significantly. He noted evidence of large cracks, missing bricks and loose sills which precipitated the detailed engineering assessment. He noted that the consulting engineer`s report was only received this date. G. Sosnoski, General Manager of Corporate Services, added that the last assessment of the property which took place in May 2005 was a less in- depth analysis of the buildings structural condition. Councillor Vrbanovic requested that staff provide Council with a copy of the most recent engineering report for their information. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "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 2006-01 by the Clerk." Carried. On motion, the meeting adjourned at 6:07 p.m. MAYOR CLERK