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Additions 2009/06/08 ~ ADDITIONS TO COU~DC9L, MONDAX Jl1NE 8, 2009 COUIVCIL Minutes 1. Clarification on Counciilor Diodati's motion re: Residential parking permit Deputations/Presentations 1. Memo from Clerk on revised recommendation for MW-2009-37 - Architect Selection, Niagara Falls Museum Project. PLANNING 1. PD-2009-43 - AM-2008-033, Proposed Residential Condominium a) Correspondence from the Niagara Peninsula Conservation Authority b) Correspondence from the Niagara Parks Commission , c) Letter from Pastor Stuart McDonald d) Memo fo Municipaf Heritage Commitfee/MHC report e) Council minutes from October 14, 2005 fl Letters of support e) Letter of opposition from Dean Leila Cruikshank REPORTS 1. ~-2009-26 - Declare Surplus - 6592 Dunro Street a) Background from Municipal Heritage Committee b) Additional info from the Barclay's c) Letters opposed to the declaration of surplus 2. PD-2009-46 - Sign By-9a~nr Arnendment a) Email from Ken Beaman 3. Re: TS-2009-30 - Go 1'rain Service/ Niagara Falls Transit Update Proposed schedule for service Council Info 1. Announcement $2.3 Billion to Municipal Infrastructure in Ontario. 2. Niagara Falls Soccer Club 50"' Anniversary, Friday June 19, 2009. ~ ~ 6%$/ 009) Dean lorfida Motion ~ Page 1~ . fi= From: "Jim Diodati" <jdiodati@cogeco.ca> To: "Dean lorFida" <diorfida@niagarafalls.ca> Date: 6/8/2009 4:48 PM Subject: Motion Dean, My motion from last meeting should have been as follows... 1) That a Residential Convenience Pass Program for up to 2 hours parking at On-Street parking meters/machines be instituted, at a cost of $52/yr (plus taxes); based on a pro-rated and sliding scale as per the # of weeks valid; and 2) That this program be advertised, implemented and monitored on a trial basis until Dec. 31, 2010; and 3) This program commence ASAP, within the coming weeks. Thanks, Jim Jim Diodati P THINK GREEN.... Do you really have to print this message? . Corporate Services Departrnen# CBerk's Divisoon ~ Inter-Depa~trnera$ IVlemora~duarm Niagara~alls ~~~aun TO: His Worship Mayor Ted Salci DATE: June 8, 2009 & Members of Council FEZOAVI: Dean Iorfida City Clerk Ext. 4271 ~tE: g2e: M[W-2009-37 - A~-clnitect Selec~ion, Niag~ra ~a~ls M[useue~n P~-oject Further to the report noted above, some negotiation has taken place with the preferred proponent. As a result, please see the modified recommendation below. RECOMMENDATION: That the firm of Moriyama & Teshima be awarded the architectural assignment for the construction of the Niagara Falls IVluseum, at ac~ up~set Gi~oit of $947,000. That the Mayor and City Clerk be authorized to execute the agreement. 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C~r?t~t~ t~~ f~,'~ai~tbt;k l.,'}; t>.I.;~ t~r:E±ar r~al:~1;~r~< .;,:3~ i~,~~,'~, 1c>txu twi;s},~sst ~j?:~t'l:~:s~t~it5 ~u. _...._w_...~.:~~~~,.~,;~,:~ ,~(6/4/2009) Dean lorf~da Fw Loretto Centre % Page 1~ From: "Janice Wing" <janice_wing@cogeco.ca> To: "Dean lorfida" <diorfida@niagarafalls.ca>, "Alex Herlovitch" <aherlovitc... Date: 6/4/2009 1:35 PM Subject: Fw: Loretto Centre CC: "Fr. Stuart MacDonald" <pastorstthomas@cogeco.net> Hi Dean and Alex, When I received this email earlier today, I responded, asking Father MacDonald's permission to forward it to you to ensure its inclusion as a formal submission regarding AM-2008-033, Official Plan Amendment Application, 6881 Stanley Avenue. He has assented to this. janice Original Message From: Fr. Stuart MacDonald To: Ted Salci ; jdiodati@niagarafalls.ca ; sfisher@niagarafalls.ca ; ioannoni@niagarafalls.ca ; kerrio@overlookingthefalls.com ; bartmaves@niagarafalls.ca ; vpietrangelo@niagarafalls.ca ; wthomson@niagarafalls.ca ; jwing@niagarafalls.ca Sent: Thursday, June 04, 2009 11:48 AM Subject: Loretto Centre Dear Council Members I am writing to oppose the Official Plan amendment request which is on the agenda for the Council Meeting on June 8, 2009. I realise that this is not yet at the stage of making by-law amendments and further modifications to the proposed plan may be required once studies have been conducted. However, before this plan progresses too far, it is better to think wisely about its impact. My opposition to what I call the high-rise concrete jungle of the Fallsview Tourist area is already well known. My concern for this plan for the former Loretto Convent goes further. It is clear that the south building proposal comes significantly close to Our Lady of Peace Church. It should be noted that this is not a chapel (so-described in the Council Agenda) in the common understanding of that word. This is a fully functioning, canonically erected parish which serves the Catholic citizens of its territorial boundaries. It is not merely a quaint historical grade building on some beautiful land that is open to the passer-by. It is a parish church, which according to the plan will have a four storey parking structure (the podium of the hi-rise building) approximately 15 feet from the wall of the church building. The unsightliness and inappropriateness of that needs to be considered fully. Needles to say, construction so close to the building will be a major disturbance to the life of the parish. Please be aware that parish churches function seven days a week and notjust on Sundays. There are funerals, weddings, daily Masses, meetings, prayer groups, devotions that occur regularly during the week. More importantly the building is only feet away from a Catholic cemetery. There is no physical way for the building to be constructed so closely without desecrating the graves. While I understand that many of you are not Catholic and may not understand the seriousness of this fact, it needs to be considered. This is consecrated ground where human remains are meant to be left undisturbed. No one would even consider this move if it were a question of a First Nation burial g~ound. We respect their notions of sacrality. The same consideration needs to be extended to Catholic notions. Unfortunately ( am unable to attend the meeting. I wifl be notifying my parishioners of this plan and the meeting on Monday night, encouraging them to voice their opposition and to attend the Council meeting. ~~(6(4l2009) Dean lorfida Fw Lore4to Centre P~ ~ ` Page 2_~ Yours faithfully, (Rev.) Stuart MacDonald Pastor St. Thomas More Catholic Church 6548 Dorchester Road Niagara Falls, ON L2G 5T5 tel: 905-356-7533 Corr~munity Sec~rices Depa~trx~e¢~t Planning and Deve@oprnerot Inter-Depa~tonent Mera~oorandum TO: Sharon Shearing, Chair DATE: May 27, 2009 and Members of the Municipal Heritage Committee FE201VE: Alex Herlovitch Director of Planning & Development Ext. 4231 RE: AIlternatives ffo~ the Preservation of Loa~etto Report PD-2009-42 on the Committee's agenda tonight, outlines the proposal to amend the Niagara Falls Official Plan for the former Loretto Christian Life Centre which will be considered by City Council on June 8, 2009. Paraphrasing from Recommendation 1, staff advice is that the Committee could request Council designate the Loretto building under the Heritage Act. While this recommendation was made by Planning staff, this may not be the wisest choice for the Committee to pursue. As Members are aware, the Committee made a similar request to City Council in 2005 (as noted in PD-2009-42) which was turned down by City Council. To make the same recommendation now, may actually be seen as offensive by some members of Council who may view the Committee as not being attuned to its wishes. Further Council may see this as an eleventh hour attempt to intervene rather than having followed the approach outlined in the memo to the Committee dated October 20, 2005 which advised "...that the City work with the future owners of Loretto to encourage preservation of all or part of the significant elements into the redevelopment of the property." That same memo suggests that the Committee "...suffered a dent in its credibility..." at that time, it would unfortunate to suffer further damage in reputation. In the alternative, Staff have been working with the applicants to protect the Loretto building through additional provisions afforded the City and Committee to protect properties. Policy 3.2.14 of the Official Plan says "Council may utilize other measures to pursue heritage preservation such as but not limited to, the following: a) a special policy provision The proponent has in fact been pursuing this approach with the assistance of the Current Development staf£ Accordingly, the draft Official Plan Amendment submitted by the proponent includes a site specific policy to be applied to these lands which reads: "The additional height above 30 storeys is in return for: retaining, conserving and/or restoring the former Loretto building as per the requirements of its new use on the lands...". Furthermore, the draft amendment states "When a zoning by-law amendment application is submitted in conjunction with the provisions of Part 3, Section 3.2, Section 3.2.19 a heritage impact assessment will be undertaken to determine the significance of the building and lands and what actions are required to minimize any adverse impacts." Such policies serve to protect the Loretto building and lands while facilitating new development as well. This is the approach the development staff will be recommending to City Council. AH:gd C:~Documents and Settings\di202\Local Settings\Teinp\XPgrpwise\Mem to MHC-Alternatives.wpd Working Together to Serve Our Community M~y ~7, 2t3t~~ PI3`w~~~~-?~~ ~ 3 ~ . ~ ~ A ~'~~~~fi:l~`~i~ ~ ~ ,~.~~=f t ~ ~ ~ ~ ~ ' ~ ~h~r~an ~~~ari~~t ~~a~ir ~ ~s ; & 1+,~~~~~rs ~f ~f~e ~iian's~~~~l N~ri#~c~e ~~mmi:~~~~ ~ity af h~i~~~r~ ~~~~s„ ~n~ari~ ~~mb~rs: ~te: F~~~~~?€~~-~~ .~l~-~~~~-~~~, ~~8°~, ~tan~~y Aue~u~ ~t~~s~; t~e L~~~t~~a ~~n~~~ ~ECC~d§~l~9 E t~~A~`I'(~~: i~ r~~~r~~~r~d~c~ t~~t t~~ ~u~ici~~l ~~rit~~e C~r~~i~~~~ r~qra~st: 1. fh~t C~un~i! d~~i~~~~~ the ~~a~e~t~ ~entr~ ~r~d~r #he t~r~t~ri~ F~~~~~t~c~~ A~t ft~c~ its a~~chil~ct~r~1 ~~lu~, it~ ~i~taric~~ v~~~a~ ~r~d i~s ~~~t~x~aa~l v~~~r~ tc~ th~ ~ity ~f ~1i~g~r~ ~~~ls ~~d ~h~t #his ~fr~ne ~r~~,r~ i€~ t~~ ~~~ptaart ~f th~ ~~fi~i~l ~i~r~ ~~~~nc~m~nt; ~~c3 t~iat C~~i~acil rr~~~ud~ ~s ~~1i~i~s ii~ tfa~ ~ff~~ia1 I?~ar~ arn~~c~rr~e~~ r~q~aire~~ni th~t i~~ +~vi~~l~ af tt~~ ~rop~~~ c~r~ th~ ~ast sid~ ~f ~.~reitv, irr a~ir~~ ev~;~ ~~t~ t~~ east ~fi tt7~ ~~ir~ buil~i~r~~, b~ ir~~l~tded in ~i~virt~r~~r~nt~! ~'r~#~cti~~ ~r~~, a tr~~ ~reseruat~on ~lan b~ r~q~ired as ~a~t of t~~ su~r~issiar~ ~f ~ fufur~ ,~pnin:c~ a~~l~~~tit~r~ ~~d a~~ arc~a~i~~~~~cal stut~~ ~~k~mitt~~i ~ia~t ~f tl~~: s~~~ir~i~sio~ r~qi~irer~t~rtt~ far ~ r~~c~nirag app3i~at~r~n:. _ ~3AC~CC~~t~U~CJ: fn t~ct~b~r 20~15, C~ur~~~~ ~~n~i~~red a~~q~~~~ t~ d~~i~ra~t~ th~ f~rm~r Lt~r~tt~ ~c~nv~~i. b~t de~id~d ri~t t~ ~~~i~n~t~ t~e prt~p~r~y ~snc~ it ~~s ~Ist~d f~r ~~1~ tiy the €~~vr~~rs ~~c~ tt~at t~~ d~~~gr~atit~r~ v~to~tl~! ~e ~~`t~tsght franru~rd v~~th t~c~ f~t~r~ v~r~~r, In (~~~~rri~~~ 2~}(~6, ~'s~~rr~cii ~~~~te~ th~ l~unicip~J R~~~ster af }~erit~~~ Pr~p~~ti~s t~~ v~~~cf~ tt~~ Lor~ttt~ ~~nt~~ i~ in~~u~~~ ~ li~t~~ pr~p~rty. L~reCt~ :G~ntre l~~~ds ~re con~~d~r~ed t~ b~ ~a~t ~f ~ larger ~ulturai H~rita~~ t~an~s~~~e ~ri~i~f~ ~~t~(ut~~s tl~~ ~~d~s#~ian et~ek t~~~{~ tt~ t~~ nort~, C~u~ Lady t~f Pe~~~ (~r~ds ~~t~t ti~~ I~n+~s ~f Nlac~r~t C~irr~~l ~Ic~t~a~t~ry tt~ ~quth and ~he ~'~~~s to tk~~.~~sf. - ~`t~e Gity ~~as rece~~~~ appiic~tic~n 4c~ arr~~nd t~~ ~3~~i~~~1 ~1~r~ f~r th~ ~~t~tt~ lar~~~. T'~e ~ppli~~t'sta~ has be~r~ ~itc~l~~~d t1~t~ Mun~ci~~~ N~rit~g~ C~r~rriitt~~ ~~ar ~t~~nrra~nl.: Ti~~ ~urr~~r~t dev~l~prner~t pr~~~sal is 1"or ~n C7ff~c~ai F'!an ~m~~dn~~r~t f~ ~~rmi~ ~n in~re~s~ "rr~ l~e~ght f~r built~in~~ ai~~ ~~ar~ni~ re~ici~rtti~~ u~~s t~n sur~aPtr~ fit~~~rist ~~am~~r~ia# ~~r,ds. T~~ (~fii~i~~ PJ~n am~ndrr~~~~ wi~l set t~e st~g~ fr~r ~#t~fure r~z~r~ir~~ ~ppl~~~tit~r~ wl~~~r~ ti~~;~cts~~( ~~r~~s~c~ ~r~vi~iar~s ar~d ~e~ign w~ll b~ d~t~~°~i~~~. £ , ~ ~ c ; _ . ~ • ~ Cpr~arnuniiy ~uervlcas.t~a~.~rrtinar~t : . ° ~~~'crr~krr~~r 1'r~~,+~~'1~~Fr ~r~ ~S~r~cF l,lrrz~ G"r~rtt~~rrt~rrt~t ~,~~,~,~~c~ ~ ~c~~~i~~~~~~~r~~ ~ ~ c €~s ~ ~.-ai ~ ~ ~ 4' ~ < ,A~'~ t ~ „z y~ ~ ~ ~ ~ , ~ ~F ~M ~ ~ ~ .~ay' 3 -g . ~ . K ` ~ k _ e g ~ - ^ ~ ~ ? ~ . `:'6. ~x~ ` ~ ~ ~ t .F.a~. _ . . . . ~ . . : .~~2~Y ...~~,.'°4'~'.., h - ~ , x ~ , ~~2 _ . . ' t. . . . . _ . . ~ ~ ~ ~ ~ . ~ . , : ~ _ _ ~ 1Vl~y ~7', ~.~t~9 - 2 - ~'I~w2Elt39~2 ! ~'tT~~t~C~€'~`l~l~~ ~1"~t~~1CtS~~~ ~01' ~t~~? ~F~C{~d~~ ~ tC3~N~*C~ 4~~1 f~i~ 51~£~ ~5 '~C~IIt?~NS: R~p~Fi S(t~ I ~.~~~~~-~~''YV"`?~ a~Y~~~~..~~'Ja t:+~i~l~c[I ~+~J~t~s L~~~~ ~I .'~f. L~~~~'J~ G~37~ 'C~ ~~~.~.i~ +~J~€~« ~ 1~~ ~~~~~a~S~.'~ G~~~~~! ~,~~'i~t t~~. L1~~~~i~t~i I"`~4~i r a~'l~{~~~a~3'l..~J~ C1 #~i ~`i~'',~s~s~€~~.~. C~i~;f~~~~~ E~~.+ f~~ight ~f th~ to~rer~ t~ ex~e~d 3C~ s~r~~~ys, i~~a d~v~loper wil1: 1 ~ r~;t~"sr~, cr~~s~rv+~ ~r~c~lc~r rc~st~r~ th~ ~~?rrr~~r Lc?r~t~a b~i1~l~r~g ~er t~~~ r~q~~r~~~r~ts c~f ~t~ ~~vv u~~ on t~~ I~r~~f~Y ~rtc~ retair~ ~~c3 ~t~r~~~r~~ tha pr~rti~r~ ~af t~t~ s~~~ ~frc~r°~~ ~~~~i'} r~ar~rti~~r~ ~~~#~~s~~tl~ ~r~ ~r~ ~~~~r~rr~~nt t~ tt~e e~~~ f~e~d~ c~~ t~~ ~x~st~n~ ~a~~lc~~~~. T~~ ~~~cifi~ ~irn~r~~i~r~s tc~ ~i~ ~t~t~rr~i~~d ~t ~i~e z~nin~ by-I~in~ ~rn~ncirrk~~t st~~~. St~ff Co~r~a~~t~ry ~e~~~e~t i~ ~r~ ~x~~n~i~ir~ t~e 3~ ~tc~r~~ h~i~~~t ~~r~Visic~n ~~utti~og,t~s~ ~it~ L.iuir~~sk~r~~ Str~~t: T~~ pr~pc~r~~r~ts ind~c~t~ tt~~; ~d~i~~r~i~~! h~i~~t is ~~~c~e~ to rn~~e prt~s~rv~ti~r~ Lr~r~ttn ~~nv~n~l~~~~~s~l btaiidi~g vi~~l~ ~~c~ t~a restt~r~ par~it~~s c~f tY~~ ~x~~~~r~r ~~d ir~i~rt~ve th~ ir~t~ric~r ka m~~~rn f~~~ckior~s: W~+il~ it +~rr~s~#d ~r~f~r~ble h~v~ ~ cr~mp~~t~d H~rit~~~ lnr~pact ~ssessrr~~nt pr~~~ tr~ t~~ ~~~}jJ~tf)~ C3~ ~~8 ~~IC~~~ ~~c~~i ~tT1~C~~tTt~:~t~ ~C) {~~t'1`7(~~I~~~'~k~ ~i{}'~I+J ~~1L ~t~~~C~ttlt,~ ~~'lt~ ~t'{9~~1"~}f ~Ill cor~ser~~~l ir~ t~~ ~~?r~t~x~ €if tt~~ pr~p~sez~ ~l~v~t~~rn~r~t, T~~ H~ritar~s ~rr~p~~~ A~ses~~~~tvuill be r~c~uir~d as part c~f t~a~ ~~~rrnissirin r~cairsr~tertts far tt~~ zr~ni~c~ ~m~r~d~~nt v+et~icl~ w"r11 ~t~C~l"E~3~S S~.T~~~{IC t~~Y~~i~~t'i't~~i~ ~1'C)'~dl~~~;3t'l~v:. 1S r~f3 ~`~5~~l~~~~ ~~l~iCj!.:~7~3t(:~t ~%C7lld'ICF~ ~a~t4~I.1~E;~ r~i:~(~~?~:~5 ~}~1l~ (3~ ~~ICi~~ ~~~t1 ~1Tl~llf~it'I~tl~ ~~7~1~lC~~lt~tl.. 1'h~ ea~t~nt ~f'~.~~ dev~l~pmet~t ~art~~~s~d ~iil ~Iter't~e ~~tfi~~ t~i~ ~.~~~tt~ C.c~n~t~se ~c~ ih~ ~~irst wh~r~ the ~~i~t~nc~ bu~l~iir~g r~ay b~ +~verwhelmed by th~ t~ir~e ~rc~p~~~d tc~w~rs. Ira t~rd~r ~a ~rotect ~ p~r#~or+ c~~ tt~e setting; #~e ~arr~pc~r~er~t~ ~rc~p~s~ ~r~ ~r±~~ tc~ ta~ prc~tect~d ~nd~r an Er~~irc~~m~r~t~! ~rcat~~tac~r~ ~rea ~~si~n~~i~art ~~c~~g th~ ~~~~~rCy. p~rt~~n caf t#~~ ~c~~ f~~in~ th~ ~iv~r. Tt~?~ ~€~tir~ ~it~ fvrms tl~~ ~anc3~e~pe ~~tting vf t~e I.~c~re~#i~ ~~r~~r~. 7'~i~ ~~prv~c~ ~~a p~-~serve t~~Py th~ ~~~t l~v,rri re~r~~ents ~~a~t`ti~i sa~~ti+~~, arc~~r n~t fa-c~['~prc~rt~is~ i~e €r€~nt )~wn further, no new ~uilc~~ngs s~ii~uld all~~r~d_tc~;~xt~nd f~r~t~~rr t~~~n a.lin~ +~x#~ndi~~ ~ca~t~/~autt~ align~t! ~t+rit~i" t~~ r~~ir~ f~~~i#>~ac~c~~ t~f ~::~r~t#~: 1IVh~1~ t~~ settin~ c~f t#~e ~t~rett~ ~~r~tr~ wi1~ rt~t~~~ ~It~r~~ t~y'this ~pp~ic~~leir~, ever}r ~#~art' s~tc~u~~ ~e ma~~ tt~ pre~~rv~ t~e ar~hlt~etura~ ~r~~lity,~nd F~at~€res ca€ t~~~ ~tist~rie ~c~ildi~r~. ~"h~~ ~p~fic~t~t c~nt~r~t~s th~~ ~xir~ ~eight and d~r~~~t~pr~ent rig~ts ~r~ i~~~d~~i ~s~ r~~t~are ~~d ~ar~s~rv~ fti~ Lt~r~ttc~ k~u~lding. tri c~~d~r t~ ~~si~r~ 1,vr~tta is ~r~t~et~d at~c! i~ ~a~rc c~f t~~ futur~. de+r~lr~pm~nt plaris, t~~~ b~ilc~in~ shc~uid b+~ d~sit~r~~t~d ~rl~ir tc~ ~~~tr~~i~ ad~i~tint~ t1i~ ~ffi~i~l P~~n ~t-~~ndrr~rt~r~t:. A~ the ~ite ctint~ins ~n~ny l~r~e tr~es, it v~r'rll t~~ irr~~acrr-t~nt t~i i~entify t~~ ~rt~r~b~r ar~~ ~~cl~~i1 c~f ~re~s that u~+il~;~r~ rnaintai~~d nn ~h+~ ~i~e. ~'~is tr~~: ~r~serrrat~~n ~3~n s~c~~r~d bt~ ~re~~r~ci ~r~°s~r ~c~ t~e re~ar~~ng ~~p~i~~t~~n., ~ ' Pr~~~r~d b~; _ _ m . ~ ~c~ : e, ~tssi~~~nt P~~~a~~r a.~~yra;ma S.1f~~3R0~Q#i9tPt?u2£~3-42> AM-2t}08-t333, 6t3~!'t Si~t~I~y A~., t~~usta r~1 #!ae lt~'c~ttca ~aet3r~;wpr# NINETEEtdTH RAEE'fiNG SPEGlAL C{7UNGiL IVIE~"fING Council Chambsrs October 94, 2~0~ Caunsil.me# an Fraday, Oetober 14, 2005 at 4;00 p.m. for a special meeting to ~eal with repa~t F'D-2005-80, Intent #o ~esignate Loretto, a report orig+nally sch~duled for #he Ociober 17`" meeting. AN meri~kiers were present. PLANNING MATTER PD-2005-80 - Chief Administra#ive Offi.cer - Intent to Designate ~ocetto. The report recommends that Council consider givingnotice of intention to designa#e the buildir~g and property at 6881 Stanley Avanue u~der F'ar# IV of the E7n#~ria Herifage Act. Dennis He#feron, lawyerfor Loretto, indica#ed thatthe:Loretto sisters could nolonger opera#~ tfie property as a Ctiristian Jiving eent~e. He felt that a heritage designation w~ald have a d~uastating impact an ttie property and questioneci s#aff's ccantention to the eontrary. Ivir. Hefferon questianed the att~rnpt ta designate the prapect~c wi#hout formal discussians with the sisters and any indication as to wha# was to be designated. Ne painted out that a fire had occur~ed in 193$, therefore, nothin~ in tlie interior is of histoni.eal ualue, Mr. Hefferon also pointed ~ut tfia# the prQperky. is institutionai noi ~ommercial :and any change would require a re-zoning a.nd any increase in lieight and density could happ .en in exchange for benefits. 7he Qirec#ar of Planning & Developmen# confirmed tha# any ctiange tn the property would require an Official f?lan and Zoning By-1aw amendment a~d a significan# planning review. He confirmed that there is a 4 storey iimit to the property naw and iha# in #he Officiai (?lan it is designated as tourist commeccia{. Michaei Czestocho.wski, realtor for GB Richard Eilis; indicated thatthe. property is being sold through a rnodi#ied tender pccicess, therefar~, na pcice has been.set. He did indicate, haweYer; that it is one af the 6est pcnperties he has seen and coultl exceed the appraised value his firrn .had d!etermined. Tiie reaitor gave. the opinic~n thai potsn#ia! purehasers do not want cornplicafions and any discussion of designation may scare of# buyers. Sister Ca.rmen Diston indieated #hat #tie Loretta sisters had besn laaking at their mission since 200d. The substantial c4sts to maintain, uPgrade and operate #he facility iead themto decide to sell the property. It was not a decision that was entered inko ligh#iy. The.Sister indicated that donations frorn aiwmni wers insufficient and even if a fund rafsing initiative was started it wouid no# heip with the on-going operation of the buiiding. Sister niston indicated that Loretto wowld continue to have a presenee in Niagara Fa11s. With regard to the upcom~ng auction, Sister Carmen indicated that what was being auctiflned were personal items, which were weli within their rights to auction. Uthefi items were being donated to museurns and other religioas groups. Window.s, that might be of interes# to alurrini, were removed #o prever~t vandalism. SMe pointed out #ha# a decision by Councii to designate would not p~event #he aucti~n from going ahead. d Margaret Mingle, a member of the MunicipatHeritage Committee, ga~e her opinion that the property shouid be designa#ed and spoke of the adaptiue reuse of historical properties and the potentia! for the si#e. ORDERED an the motion o#'Alderman Wing, secanded'by Alderman loannoni that Council give notice of i#s' intention to designafe>the building and properky at 6881 5tanley Avenue under Pari IV ofithe Ontario Heritage Act. Alderrnan Gampbell NAY Alderman Diodati AYE Alderrnan loannoni AYE Alderrnan Kerrio lVAY Aldermari Morocco AYE Alderman Pietrangelo NAY Alderman Volpatti NAY Aiderman Vlling AYE Mayor Saici NAY Motion ef ated ORDERED on the motian of Alderman Vofpatti, secanded by Alderman Campbeli that the meeting be adjourned at 6c5d p.m: Carried Wnanimauslv ~~e+~* .....~~~'t- . DEAN IORF A, .Cl ~CLERK MAYOR R:T. {TEOj SALCI 08=~un-Z009 10:25am From-Brodarick ~ Partners 805 356 6904 T-69B P.Op2/007 f-470 ~ARRIST~RS ANO SOLICITORS ~ ~ ~roderlCk~~a~ner~~~P ~ffe~tive Icg~! 5ervice in Ni~ ra since i i. ~ 95 ,~~ne s, ~ ou~rreaia e~.. r.asoxss7 ~y ~aa~w~nipe (9Q51 ~56-9(~83 1VIAGARAFALI,S, OAT ~:~TY ~IAQsA~A ~AQ,Q.,~ 4310 Qu~en ~treet cn~u~n~, r~ sv~ ~.0. S~x 1 Q~3 I~iagara F~IIs, Qntaria T~c ~eo~ sss•zszi L2E 6k5 FAX{905~35Gfi80~1 Attenfiian: pca~n IQ~fid~, ~I~rk's I~epartment bradariakpartners.cam C7ear ~ir: r„r.Ba.onEetcx Re: AfVIw20()8-033, OfFicial Plan Amendment Application, 6$81 Staniey aa„ i,.a~c, AvenuE: La~ Hoolrtty CeM1Hod o~vu"~san°°s,~°'a"a` Here are letters c?f support af the aaove noted Applicati~n from the fallawing: w.a. nn~u[o 1. Sister Evanne Hunter, IBVM, C~nadian Provincial Leader, Loretto a.B.~oPxnvs Sist~rs, dated f~ay 1~, 20~9; e~. x~s~ 2. Sis#er Carolin~ Dawsan, IBVIVI, of the Loretto Sisters, dafied June 3, l.A9. 0?LB£sRTI Flaaat w [ta~lua & 6eenan a.~ April P~t~ie f~rmer Laretfia student and Heritage exp~rt dat~d June 5, 2009; Is.F. LUSTiB M. D18IItOLAMO Fa~thc~r 7~ny MGNamara afi the ~armelite Order, dafied June 2, 20Q9; and D.F. ~ARINELLI 5. Rev. Tf~~mas M. Hakala, O. C~rm., I~as#~r c~f Our Lady af Pea~ce Parish (19~5~ 189~ Ut1C~~tEt~. Yaurs truly, B ~RICK & ARTNERS LLP f' EDWAI~D p. LUSTI~ Epua~ • ~ Enc(s. 08-Jun-2009 10:25am From-Brodarick & Partnars 905 356 6904 T-698 P.003/007 F-47~ ~ . . , , , ~ , , . , , , , ~ ~ , ~ . , . . , ~ , ; , , ~ ~ . . , , . ' . . . , f ;f~f` ~ 1'~. :~IF.{ 1 '1 4n 'L.1`^i~ ~ ~ ' . " . . I( ~(f;~ ~ f.;.,. ~r,' ~ 4 ~~~~.F ~ ~ . S ; ' . ~;i~,~ i .1;~,~J;•?`",~,i`~,4i~';'~;~r. ';{p~S)~~J~~(~ 6 Ijs ~;h ..ty~t' , u.:fi . ' ' . . . ' ~ ~ ~ ~ ~ • . . '.~917NF.,. ~~~h:)i~'~nf~~.. ~il'~iIF?~'~di'~~~i7L , . ~ . . . . . . . . i : . " ~ , ~ ~ . ; . . . . . . . . . , ~ , . , ~ . . . ~ ~ ~ . ~ . . . . ' . ' . , . . . . . _ . ' , .:~r~ke.'b.niviNr~..~Un~~ . ~ . . . . . . , , , . ' . . . . . . ~ . ' . , . . , . . ~ . . . 4 0..0 Y' ~ A fi' $''r t 6,p'~ ..z ~.b ~7 : , ~ , . . , , , . . , . . ~ , . . , . , , , . , . - , . . . , , ' . . ~ . , . , . IViay.,F2,.,'?OU9'. , . ! ~ ; , . , . , , , , . . . , , ~ ' : .To~Y ~1~P='t~1Xi~:: ~ ' ~ ~ , i . :Ro~zi~p.,L,xd,~ ~F!t~~a~tn~ , . . ; . . ~ , ~.ar~tt~ ~~ntro ~'aI'l~v.ifw . . , , . , ; . :.:6$S,1 St'~ta.l~~r ~venuo; ~ ~ . , ~ „ . : Nu~~a Fi~l1s, QI~: ~L2~ 7J3~ , , . ' ~c~ Mr:;.7~appi~elTi, . . • , , , . , . . , , : [.liave ~ju~t loolt~~d at th~ pcr~p~a;~~ fnr dcv~f~~a~n~a7t af,~~~. prcip~rt~ ~round our~:CorrYl~r ccatsve~nt in. , ' . ~ : , Naa~;ara FaTBs: . , . ~ . , , , . : : . . , . , . ~ ;:'T'fti~ P~~t Gh~t J~au-~ plan;ni~i~-tb Rir~~ery~ t17~:. Lc~r~tto~ 3~t~'rIcl~n~ and adj~~~?t ~r~~erty i~vql.! be ~ : ; ` ; , , ~ery i~v~lGOm:~ new~ td•tf~e,.:~,QretFo Si~'t~i~, , , . . . 1~7~~dle~s~ tv s~.y w~~ ~u~~ ~til~~ v~ry. ~d abou~.hawi.~r~~:1o~ 1'eay~ l;l~re: tii~ildii~g An~1. Ni~~a~. '~'I~4 .~'n~t ' ~ - ~ ~ tl~ut.you ate prapbsin~ tio'r~s~tor~~tlt~. buiJ,c~~n,~~a~~ incor~xr.iz?t~ it'i~to tiie d~v~Icrpit~~nt~i~,mtic~t . . , ~ , , , ~ „ aA~re~ciated. ; . . , ~ ~ . : . . . , , , , , , ~ , ' Sii~ceretyA . . : . _ ` ~ , , , , . , . . , ~ , , ~t'1~:..~~i~a: ~ . , , , .,'Evar~ie ~lun'~~r, ZBV4V[ , , , . . . '~.i'lfl~i~,1~,~V11]C1i~~ L.tIT(~4C , , , , • . . , ~ , ;,r ~ ~ . : : , . ~ 1.; ' , , i. , ' , . , . . , , , , . ' . . ° ;i i1r ~,~,.~'n~~,~~ ~°aJ;"~iiu~~(~~~~l~ ; ' , . , ~ ~n ; ri~~i~i, : ' ~ " . ~~!ul~,`, i~~~t'... • . . ; ~ ~ • ~ . , ~ . ~'I~^! . Y~ e : . , il~' ~ ~'ef°° '~3;~ 4~ ~ , , . ~ , . . ~~r ; ~ , , ~ . . . . ~ l1 , . . 1 1 , . .r.. . ~ ~ i I~~ ~l~II ~d , , d,',~~ ~n~ ; ` r1.,.,, ~ . ~ • . I• ~ " ~ ~ ~ . ~ ~ . . . . . , . . , . . , ~ ~ . ~ ~ . , C~~„ :I~iiril'n.,~-~ i.~...,.. I~Yfq..~ i ~ ~ I~~Il~, ,h:l~ • . ~ C, t ~ . : ~ . ' ' . . . . , . . . . . . . ~ . . . ~ . . ~ . . , . . . . , . . . ; ~ ~ . . : . . . . ~ ~ . ~ i~ . i i, ~ . ~ ' . : ; ' ' : ~ , ' ~ . . . . . . " , . ~ . . , , . . . . ~ ~ ~ . . . . . . . ~ : . , , . , . ~ ~ . . . . . . ~ ~ ~ ~ . , i . " . . ~ ~ , ~ . ~ ~ i . ~ • ~ ~ ~ ~ . . . ' . , ~ . . . ~ ~ ' . . , i . . . 08-Jun-2009 10:26am From-Broderick & Partners 905 356 8904 T-696 P.004/OOT F-470 ~ ~1'any ~apprtel~~ 1 , „L , ~roraao Caxoline l7awson [cjdawson(~7cogeco.ca] Sen~: Wednesday, June Q3, 2QQ9 11:21 AM '~'m: 'Tonmy and Connie Zappitell~' Subjec~; Tony Zappitelli Tony Zappitelli President, Romzap Ltd. ~ ' Nia~~ra Fa11s, ~mazio ~ Dear Tany and Connie: Thank yau very much for the fine pr~e~ntatYan 1V~onday evening an the proposed buildin~; and develapmen# on the Loretto site. Nat anly did I learn about your hopes for the future; I wa~s im~ressed witl~ the op~nness o~y~u an.d your team. All questions were answ~r~d, and I had na sense tha,t anythi~~g was hidden at tlus stage in your d~velopmei~t. T was particulruly iznpressed 'with the architacriual plans to r~store tlze Lareirto building to tlxe state prior to th~ 1~38 ~ir~. The developrnent of public green space at the front af the building i~ great, I wish you we11 and hape t1~e project gaes ahead. I vvill be lool~ing forvvarded to ~eein~ the sita cransform~i. Sincerely your~, Caroline Dawson T$V~ 306 - 6~05 Dunn Street Ni~~~ra, Falls Untario L2G 2P6 , , file://~:1Docurnent~ ~nd S~ttuigsldonnal~,oca1 ~SettingslTemparary Intern~t Files\QLiC4A1T_.. 6/3%2OQ~ 08-Jun-2009 10:26am From-Broderick ~ Partners 905 356 6904 T-696 P.005/OQZ F-474 ~ - - - ' To~ray Z~ppf#elli Frorrs: Bill & April Huxley [huxley~vaxxine.cam] Sen~: Friday, June ~5, 2009 3:10 PM Ta: tsalci~niagarafalls.aa Subj~ct: Loretto Academy ~ J"une 5, 2009 Mayor T. Salci and ~ouncil Your Worship and Members of C~~uneil: I am writins in support of the dev~lopment slated to tak~ place an the ~round~ of the for~ner Lor~tto ~lcademy. As a lifelang Nia.~ara Falls resident, when the atulouncement canxe that the LAppitelli fmrraily had purchased Loretto, T was ~reatly relieved that it did not ~o to an unknown corporation with no ties to the local community. They have b~~n ~ood corparat~ citizens, supporting ma~ny worthwhile lac~l arganizations and as fella~uv m~mbe~s of aur Lady ofiI~eac~ Farisil, have an a~pre~iation for the role tl~at Loretto l~as played in bath the OLP cl~urch carnmunity a~nd larger CathQlic cornmunity. 11~ave a persanal appreciation for the site, with my sister attending Loretto Acad~my for bath her elementary and secondary education and havin~ made weelcly trips rn~self talcin~ piano lessons from the Sist~rs at Laretka for many years. My historical appr~ci~tian was gainecl fram my late ftzther, former Offici~l. City Hi~toria.n, Franais 1. Petrie wha documented the history many times throu~h his r~vritin~s. A.s ~ herit~ge pro£essional (Superiniendent of Herita.g~ Resources for The Niagara Parks Commission, retired 2p06), I have firsthand knawledge af how historic ~tructur~s can be adapted for modern uses in a sympalliedG m~nner. I vave seen t11e model and heard th~ architect, planner and own~r's comments and am pleased with what has been plann~d for the site. It is di~icult io m~iGe de~isions regarding ~ites that have both an historic and emotianal attachment for many people, but I have every faith in the Zap~i~elli family to make appropriate choiees 1~oz~ the former Laretto Acaderny. Sincereiy yaurs, April ~Etrie ~Is/2oo9 , 08-Jun-2009 1U:28am Fram-Broderick & Partners 905 356 6904 T-B96 P.p06/OOT F-470 1 µ~4 1 vt i Fr~calo Tony McN~mara [tmcnarnare44~a h~tm~il.cam~ s~~~$e Tuesd~y, ]un~ Q2, ~U09 11:15 AM T~a zapC~a ~Qrnz~p.cam ~uB~,y~~~p ~hanks hi tany, thank~ fi~r the meeting anc~ intormatian la~t night. it wa~ gaQd tt~ get the compl~te pictur~, althaugh fr. Tom ~nd ~~and I think most ~arrnelites) have n~ ~oncerns with ~ny ~r~aje~k you ~re involved in. ~z sure lot~ks like art ~xciting d~vel~pmen~. God bless, fr. T~ny Creake a cool, new charac~er fQr yaur Wind~ws LiveT"' Messeng~r. Che~ it out fi1~://C:11~acuments and Sattin~,sltl~nnalT~ca1 SettingslTemparary int~rnet F'iles10~K4A\th... 6/3/21J0~ 08-Jun-2p09 1D:27am From-Broderick ~ Partners 905 356 6904 T-896 P.007/007 F-470 ~ , , SI^,t ; ,'.4' y,,. f' , F~ f , ~ . ~~L~~ ~G~~~ _ ~ a" , . ` l)((1~'r, 7U_'! ~IIfI1jCY ,~~'41'SLII' F:4~f.,:1t';~ f':111s~, l)ulafl~ ~ f.~l i'r 11 i "~l 1'clr~!~1~ willz u Lfisio~t - l~d. ~~U'i-i'Tri-37~)1 A C.ItdP[h wilh <i VICiv" I.ix'~t15.3'}M-lii;'? D~ar Tony: Th1s ~s a l~tt~r tp state that !~rr? in support o€ yaar plans ta dev~lop the former l.+arreto property. It was unfortunat~ thdt the Si.=,ters c?F loretto foa~nd it necessary ta sell their property and to discvntina,e th~ir valu~blt ministry to the ~~eQple oF l'he Niagara ~r~a. When it was annc~unced that yau had hought khe property I w~s rel;~yed. Lat~ted in this tourist area, th~re were a number of passibilitles, that ~rnbably would not have ~een beneficiaf to Clur ~ady af Peace parish or Mt.Carm~} Spiritu~l t.ife Centre, ~f sqmeotte whn was nat [oncemed with these places of ministry had purchased th~ praperty. Yau have been an active merrb~er of Our Lady of Peace and have been supportiue af buth the parish and the SpEritua! l.ife Centre far y~ars. l was canfdent that yau would keep their ~e~ds in mind in y~ur deVel~pment pfans. ARer taikin~ with you and s~e~~ng th~ plans, t am canvinced that yau have don~ just th~x. Father Stanley, the Dir~ctor of the Centre has e~xpses5ed c~ncerns an a number of issues. You have ~ddressed ih~s concerns to my $atisfaction and 1 see na r~ed to oppose your d~vetupmQnt p)ans. 1 wi5h you gvod lutk fn your ~~ndeavQUis_ ~ (f ~j O"!,'Y~„a'''7 Lr~ e~. C...~,..~. . , (R~v) l'hamas ~11. I-lakala, O.Carm. Pastor af Our ~ady of Peace I'~rish 7i ~i~I ~ ~ ~ t ~ f ~ ~ Nii'gara Realty Ltd., Rea~tor ~ z' ~ ~ ; ~ Real Estate Brokerage ~ I..IA~, i Independeotly Owned and Operated y F~ ~I te1905-356-9600 ~ fax 905-374-0241 aE~~,~a Toll Free: 1-877-219-9600 ; „ ~ L 0,,,,,,,~ 5627 Main Street Niagara Falls, Ontario y June 8~ 2~09 Frank Franze, MBA, FRI ~G 5Z3 E-mail: dfranze~yahoo.com Broker www.remax-niagara-on.Com His Worship Mayor Ted Salci And Members of the Municipal Council City ofNiagara Falls, Ontario Subject: I'D-2009-43 AM-2008-0333, Official Plan Amendment Application 6881 Stanley Avenue Applicant: 1149948 Ontario Ltd. (Tony Zappitelli) Agent: Richard F. Brady, UEM Consulting and Ed Lustig, Broderick and Partners Proposed Hotel/Residential Condominium Development As a parishionei- of Our Lady of Peace Church, I had an opportunity to attend an infortnation meeting after the June 6, 2009 4:00 pm mass at Tony Zappitelli's invitation with other parishioners, to look at the model. I~vas very impressed with the extensive amount of time, planning, and consultation with various stakeholders that the applicant has gone through. I have read the documents, circulation comments, recommendations ofthe planners, and, as such, I support the application totally as a balanced approach respecting the heritage of the Loretto building and the restoration making it central to the hotel development. With over 25 years of commercial real estate sales experience, as well as a development experience, to my mind the project would appear to meet the provincial, regional, municipal, and tourism sector objectives, and as such sl~ould be supported by all members of City Council. Yours Sincerely, ~ Frank Franze / MBA, FRI Broker Cc: Tony Zappitelli, President of Ro?nzap Ltd. ~~~p Niagara Realty Ltd. Real Estate Brokera e ;h office Independantly owned & operated 5F>27 M8111 StfB2t g ' Niagara Falls, Ontario L2G 5Z3 " Bus: 905-356-9600 - Fax: 905-374-0241 Toll Free: 1-877-219-9600 '(6/8/20~9) Dean lorfida Fwd Official plan amendment apphcation Tony Zappitelli Page 1; Fro~: Ted Salci Yo: Council Members ~~te: 6/8/2009 9:50 AM Subject: Fwd: Official plan amendment application-Tony Zappitelli CC: Dean Iorfida Dear Councillors: This email was addressed to Mayor Salci, with a request in the last paragraph to share the email with members of Council. Cathy john merrett <imerrettCu~coaeco.ca> 6/7/2009 7:04 PM This e-mail is in support of the proposed mixed used residential condominium/hotel development on the land of the former Loretto property next to Our Lady of Peace Church. We are pleased, as long time parishioners of the church, Jack for 80 years and Noreen for 64 years, that the properly will be developed without razing Loretto. For those of us who grew up at Falls View this is an historic landmark. We were concerned that someone wouid come in and develop this area with no thought for the church and it's parishioners. This seems not to be the case. We are very much pro the development and hope our city council will be also. Sincerely, Noreen and Jack Merrett. Please pass this to Shirley Fisher, Wayne Thomson, Vince Kerrio and I do not have a current e-mail address for them. Thank you, Noreen Merrett. , ~(6/8/2009) Dean lorfida FW Loretto Property - Page 1-~ From: "Ed Lustig" <elustig@broderickpartners.com> To: "Dean lorfida" <diorFida@niagarafalls.ca> Date: 6/8/2009 3:22 PM Subject: FW: Loretto Property From: Tony Zappitelli [mailto:zap@romzap.com] Sent: Monday, June 08, 2009 2:39 PM To: Ed Lustig; 'Rick Brady' Subject: FW: Loretto Property Mayor Ted Salci and Councit Members, I am writing today in regards to the property at 6881 Stanley Avenue known as the former Loretto Education Centre Building. I have seen the proposed plans to recondition and incorporate the existing building into a condominium/hotel development. The proposed new buildings are very stylish yet classic and have naturally flowing lines. It would be a majestic sight alongside our spectacular Falls. I think it is a wonderful use of this beautiful property, as it cannot be fully appreciated in its current state. The existing building is in need of restoration, but it is a huge endeavor. Being that it has significant historic value to many people, it is important that the existing building not be destroyed. In these times, it is unrealistic to think that someone would be able to achieve this without a major commitment and a plan for profitability. I believe that with these plan5, not only will the building be restored, keeping the landmark's integrity intact, but the site's reputation for beauty and wonder will be re-instated as well. This will also allow public access to this once exclusive setting. ~(6/8/2009) Dean lorfida FW Loretto Property Page 2, As a concerned resident, I thank you for your time and consideration in this matter. Mrs. Dolores Romanuk 6822 Cumberland Court Niagara Falis, ON L2H 2R6 905-354-2193 ;~(6/8/2009 Dean lorfida OBJECTION to ro osed develo ment of Loretto site p p p Page 1; From: "Second Wind... cycling for CF" <secondwindforcf@hotmail.com> To: <council@niagarafalls.ca>, Dean lorfida <diorfida@niagarafalis.ca>, <abr... Date: 6/7/2009 7:54 PM Subject: OBJECTION to proposed development of Loretto site To City Staff and Council members: We are writing to express our strong objection to the proposed (over)development of the existing Loretto property. We have many concerns, not the least of which is the extreme proximity to the cemetery and Our Lady of Peace Catholic Church. We do not see how this proposal could be completed without desecrating the cemetery and causing severe damage to the Church. We are also concerned that this proposal represents a severe overdevelopment of the subject lands. There is no need for such height or density. We urge Council to turn down the application. Sincerely, Dean and Leila Cruikshank ~(6/5/2009), Dean lorfida Fw L 2009 26 p 9 From: "Janice Wing" <janice_wing@cogeco.ca> To: "Dean lorfida" <diorfida@niagarafalls.ca> Date: 6/5/2009 9:39 AM 3ubject: Fw: L-2009-26 Attachments: Heritage Committee March 29.doc Oops! Meant to copy you on this too Original Message From: Janice Wing To: ken todd Cc: council@niagarafalis.ca ; audrey and todd barclay ; Ken Beaman ; Alex Herlovitch ; Peggy Boyle ; Marianne Tikky Sent: Friday, June 05, 2009 9:29 AM Subject: L-2009-26 Hi Ken, At the May 4th Community Services Committee meeting, I raised the matter of the Spence-Weaver House at 6590 Dunn Street, and gave a brief overview of the situation, including the fact that it was a designated property and the lot in question was conveyed (according to the subdivision agreement) to the City at no cost in order to preserve the public view of the front facade of this historic structure. I noted that the owners had asked the MHC to comment (which is fitting, given that during the 11.5 years I've been on the committee, the public view of the front facade of designated structures has always been a strong concern). I mentioned that the Barclays had been advised by Legal staff that a decision on whether to exercise right of first refusal was required within a couple of weeks,. but that the MHC was not scheduled to meet until after.that, and so an extension was needed in order to allow the committee to review and comment. I was assured by staff, af that meeting (Marianne Tikky may still have the audio tape), that there was no such pressure to decide quickly and that the City was not moving quickly on selling the lot located between the Barclay's house and the street. I was told to make a motion, which I did (with Vince Kerrio seconding). It passed and was recorded in the minutes as "that staff prepare a report on the City owned property on Dunn Street," which is certainly an abbreviation of what my motion actually was, but conveyed in a bare-bones fashion the basic sentiments that a full report on all the facts was needed for Council to properly understand this unusual situation. It was with very great surprise, therefore, that I have come across Report L-2009-26 "Declare Surplus 6592 Dunn Street Our File No.: 2008-113" in the June 8th Council agenda. This report advises that "public notice of the declaration of surplus and sale was given in the May 30, 2009 issue of the Niagara Falls Review in accordance with the City's By-law No. 2003-02," and recommends that the lot on which Council had asked for a full report simply "be declared surplus and proceed to sale" as a building lot. There is no copy of the subdivision agreement, which contains clauses speaking to the preservation of the house and trees, attached (which is one of the things I am quite sure I mentioned, at Community Services, as warranting consideration). There is no attached recommendatioh from the MHC, which considered the matter and made a recommendation.to Council at its May 27th meeting. There is no full report. Why has money been spent on adVertising when Council had indicated it.wanted a complete background on the situation and had been assured that there was no intention of moving to sale quickly? Who decided we should be moving to sale? The Barclays have indicated (see copy of email to Lynn Banks pasted below) that their preferred option is to enter into a new agreement. They have since, in the attached written submission to the MHC regarding their efforts to "keep this designated building from being lost from view," indicated that: ~rv(6/5/2009) Dean lorfida Fw L 2009 26 M~ Page 2 j We are willing to have the current agreement with the City which has expired, re-activated for a longer period of time, perhaps 25 years. Alternatively, we would be interested in pursuing a heritage easement or zoning change to ensure that no development could ever occur and a re-evaluation of the purchase price if the City still wanted to sell the land based on the value of that type of easement/zoning." Who decided that no options other than sale as a building lot should be presented to Council? Who decided to sidestep the direction for a full report? This is another instance of the problems I have mentioned to you about a lack of complete and timely flow of information from staff to Council and of staff reports requested which have taken a very long time to come back - if they came back at all. Perhaps MHC staff liaison Peggy Boyle could be so kind as to forward the MHC recommendation since it appears that, once again, Council will not get (or even be aware ofl the committee's advice unless I intervene to request it - which I should not have to do. janice March 31, 2008 Lynn, This e-mail is a follow up to the phone conversation we had on Friday March 28 following our receipt of a letter from Peggy Boyle, Assistant Planner, Re: By-law 91-244, authorizing an agreement regarding Lots 15 and 18 Reg. Plan N.S.25. It is with regard to the City of Niagara Falls owned lot in front of our house facing Dunn Street. We have had the pleasure of owning the historically designated Spence Weaver Homestead property at 6590 Dunn Street since 1993. When we purchased the property we were aware that the original subdivision agreement had been renewed in 1991 for a ten year period. Unfortunately we have overlooked the expiration of that agreement in 2001. We have lived up to the land use provisions of the agreement through the years, keeping the lot in a neat and orderly condition. We have also preserved and continue to maintain the architectural appearance of the structure. For any changes we have made to the exterior, we have gained the advice and approval of the Municipal Heritage Committee (formerly LACAC) Our preference in this matter is for the City of Niagara Falls to renew the existing extension of the original agreement for another ten year or longer term. We understand the premise of the original agreement was to permit the Spence Weaver Homestead to be seen from Dunn Street and to minimize the effects of any development of the lands. If the property were to be developed, any development would include cutting down four mature pine trees that were planted in the early 1900's and also involve building in front of the Homestead blocking the front of the house from Dunn Street. ;(6/5/2009) Dean lorfida Fw L 2009 26 Page 3:: We would consider the purchase of the lot from the City, and we understand that an initial offer would come to us after an appraisal was completed. Of course due to the above concerns we would never consider any development on the lot, it would be purchased simply to preserve the existing state of the property. There are a few concerns we have about the potential purchasing process that we hope you could clarify for us. 1) We do not know what type of zoning that the lot has right now, but we would be willing to permit a zoning that would not allow any development. If the lot were to be valued for our potential purchase, we would hope that its value be based on a non development type usage. 2) Is there a survey available that clarifies the property lines on the adjoining properties? 3) If we were to purchase this lot, could it be merged with the existing lot that the house is on to be come one larger lot? Would there be any barriers or complications to this? 4) If we were to purchase this lot, what would the property tax implications be? Would there be any other ongoing charges related to the ownership of that lot such as water or sewer charges? 5) We know that the water lines currently go through the lot in front of the house and connect to the Dunn Street services. This was confirmed when we had a water meter installed last year. I would assume that the sewer hook-up is also through that lot as it was originally part of the farm property. Would this create any issues if the lot were to be sold to anyone else? Thank-you very much, Todd and Audrey Barclay 6590 Dunn Street Niagara Falls, Ontario L2G2R1 905-356-0825 audtoddb@cogeco.ca April 27, 2009 To: The Niagara Falls Heritage Committee Re: Designated Property Spence-Weaver Homestead From : Audrey and Todd Barclay We are the current homeowners of the Spence-Weaver Homestead located at 6590 Dunn Street in Niagara Falls. The house was built in the 1830's by Henry Spence, a brick and stone mason from England for Haggai Skinner, the son of Haggai Skinner Sr. who had been deeded the land by the government in the late 1700's as a United Empire Loyalist. Recently the City of Niagara Falls approached us with regard to their desire to sell Lot 15 which is in front of our property that allows access and a view of the property from Dunn Street. Their intent is to sell Lot 15 for its maximum value as a building lot for development (currently zoned R2) . Below is a site plan of the property showing the residence and Lot 15. City owned Lot 15 in Front of House ' a;; 3~ t'>, E`~ T i.; ~ ~ . . . : _ _ . - - ~ . . . ;;~I x ~ s;. „ - . . . , ,~o,. o i N ' Front of House i ; , . _ _ ~ , : ~v ~ - < . ; . ~ .;•r : i,. , _ ~ . , . . . , < ° ~ , _ . . r t , < ~ ~ . : - ~ . , . , a i ~ ~ . j ~ i. „ ~ ; , ,a_r, , , ~ , ~ ~ ;i ; s z ~ _ . 'r /e i ~~i ,;o . ~ i , ~ - j. i x ~ ' p i r~~ ' a.~ , ti:~ ,1~.:._.; "'A~ ' , ~ . ,J N1 r II .~l , ~,r,i ~j~„f+C.cXr.Cra cQn.;r , i ~ '4.,~ _ ~ Nc~FCw~£ai%6 Nntk.'c. ~~~V~~.. ~ / ~ ~ ~'~k'~.37' .p5' e~ 4, ~ .~'tJr' r..a:~aC~-.~„ ' s~ • o. • : a ~ ~ ~ . . x : . ~iz"W~ ' . ' .m. ..r< /:.~e- a . ~ ; i r:.....r _ ' 3^ .._.......__......a..._,._.«.... , ~ . ' . Ni In the other documents emailed with this letter, we have attached a copy of one of the agreements that have been in place with the homeowners over the years. We have continued to care for the lot since we purchased the house in 1993. The purpose of the lot usage agreement with the City was to maintain the view of the designated property from Dunn Street. The lot currently contains four large pine trees that are shown as small trees in the attached pictures of the house from around the turn of the century. x ' : ~ ;n . ~ ~ , n ~ s ~ ~ z ~ ~ ~ ~z ~ ~ ~ ~ - ~ " . ~~y R~,: / ~ ~E ~~~~F z6 o'Y* 3~ ~ . 3^ ,r£• t.,~ aa""~~3' ~ ~ ~ ~ x:.~ 4 .~~g 4 ~3 2 ~ ~ 1 ~ ~ ~ 8 L~"~~~ ~M, ~ ~ ~ f~:, ~ ~ & $ a ~ R ~ - ' A . ~ n," *A-~"~ ~ ~ ~ 4E ~s , ~ A ~ ;ig 1'l 13s~' m ~ 5"~• , " ' -iz,P. ~ n - b ~ x ~ l . ~i :i ;~S , . y., . R 3~~~ ~ ~ ~ hr e' y: W f , f ~ ~x. 3~ .~'~~s ,t~ 3 ~ 3'~ . . - 3~ ~ _ . zt~ ~~~~y;~ iY r k~ . , , . . ~ : t, . R . M ; . . ~ . - . . ~ ~ _ . . ~ . _ . ' . " _ , . . ' ' - . _ - . ~ ' " . . ~ ~e~., ~ ~ ` ~ ~ ~ ' , ~ - ~ ~v ~i~ ~ y~ ~ ~ ~ ~ ~ ~ ~~~.,y ~ ~Yz ; "~3 ~ vx a "g~~ ~ y fy ~ ~ Y 1.K:} .g_ ~ : ~ " . . S ~ ~ ~ ~s ~ : '~k ~}a~; ~t 1 ~ a~ ~ ~ ? - ¢ t WS r 4 ~ ~ ~ x. ? ~ . ~s ~'~°.r~~ . r ~ ~ , ~ f ~~zs~ . ~ ~ ` ,z~~ s;' ~ :e~` . ~ ~ ~ ~ ~ ~ x~ ~,z ~ - , ~ ~ : ~ 7 ' ~ . ~ = I : -F ' s+~~ ~ ~w„s ~ ~ 1 XfG ~ g, ~ ~ I~ " '~,'za ~ K ~ ~S ~ y ~ l~.s~ S : . i_~ ~ j ~ 'T K~d~` f' . . z ~ y,r x~. ~ 3F~~~p. ~ "View from Dunn Street at the Turn of the Century" Here are a couple of pictures from the front of the house today. ~ ~ ~q,~,y} ~f 4 ~ ; : ~1,~*~ r~ a a p ~ r ~ ° = s r t ~ t~ . -S~, , ~ ~ ~ . r,~i zg : 4 "i ~ t ` g~ ~ ~ . k ~ . ~ ~ ~t vt' 4 F,. 1~ ~ f~.`%~ :e, . ii ~ ~v" ~ . ~ r:: u~~ 3 ' ' i~ ~ ~ ~ F , r;~~ And here is one that is a few years old but also shows the house in relation to the other houses on Dunn Street as well as the large pine trees that were shown as small trees in the earlier pictures. r4"~. . ~ _ ~=w, ~ ~ ~ ~ ~ ~ Y~f.~.~ ~ ~ e ; y .a ~ ~ f , ~ ~ 9 ~ ~ ~ ~ ~ . ~ ~ ~ ` ~a~~~~ ,t' H ~ ~k~' y . ~ ? y z ~d~ ~ ~ ~ ~a ~r. is~ ~ " ~ ~ g i ~ ~»k~ 1 p ~ , ~ ~ _ ~ , ~ ~ r ' ~ ~ ~ . . ` . ~~~,w-r_ , . ~ : ~ , - " . - : ~ ~ " ~ ~ ~ a5- ~ ~ - ~ ~,,..z..~~~~~ - ~ ~ ~ x~ ~ ~ a . , ~ , - ~ s~.. ~ ~vw~~ ~ : ~ - ,a ~ ° ~ ~.s~ ax.,3~ -a' , . ^s ~.~t . .~e,r fas ~ . m _ , ,~iW ws ~S*~~^-. afk'~~h _._..,.~.;;~r ~ -~§4 ~ ~g~~M+'~' ~-~a `^r,~,. a_d... ~r :..e, ,..a ~ ~ ~ . , m .,r:.....~. Ww+.~..-n : , . ~ ~ . ~ r~. - The current action by the city would allow a dwelling to be built in front of the house blocking it in forever. We are interested in the City's offer to sell the lot but the value that has been put on it, as a development lot, is too high for something that we would never develop. Obviously, all of the mature trees on the lot would also be lost. We are also currently working with an architect from the School of Restoration Arts at Willowbank on drawings that would ailow us to proceed with a presentation to the committee to seek approval to reconstruct some of the front porch that is seen in the earlier old photographs of the house. If we were to lose the front lot access, we would most likely not proceed with these plans. We are willing to have the current agreement with the City which has expired, re-activated for a longer period of time, perhaps 25 years. Alternatively, we would be interested in pursuing a heritage easement or zoning change to ensure that no development could ever occur and a re-evaluation of the purchase price if the City still wanted to sell the land based on the value of that type of easement/zoning. The City has stated that it is however not interested in any other options at this time. We are looking to have the Heritage Committee review the situation to see if they can be of any help in our efforts to have this situation resolved without the lot being developed and to help keep this designated building from being lost from view. Thank-you Audrey and Todd Barclay ~(6/5/20~09) Dean lorfida 6590 Dunn Street Spence Weaver House Surplus lot Pa~e 1 I ' g From: Peggy Boyle '~o: Dean Iorfida Date: 6/5/2009 3:05 PM Subject: 6590 Dunn Street - Spence Weaver House - Surplus lot Attaclh~nea~ots: Spencer Weaver House-Memo to MHC.wpd CC: audtoddb@cogeco.ca; Janice Wing; John Barnsley; Ken Beaman; Ken Todd... Hi Dean, As requested, I am attaching the Memo to MHC from me and the subsequent Motion from MHC is in the body of this email. MO~ED BY Kathleen Powell and SECONDED BYJanice Wing to recommend to Council that the /ot be rezoned to Open Space and combine the 2 parcels into 1/ot and make it avai/able at the reassessed va/ue, for the purpose of a//owing the existing use on/y in order to preserve the view of the front facade and natura/ heritage ualue of the property. Carried Unanimous/y Pe99Y ~(6/5/2009) Dean lorfida Spencer Weaver House Memo to MHC wpd Pa e 1' 9 Community Services Department Planning and Development Inter-Department Memorandum ~ ~ ~ € TO: Sharon Shearing, Chair ~ DATE: May 27, 2009 ' and Members of the Municipal Heritage Committee FROM: Peggy Boyle Assistant Planner Ext. 4334 RE: Spence Weaver House, 6590 Dunn Street The owners of the Spence Weaver House, have requested assistance from the Municipal Heritage Committee in their negotiations with the City regarding a lot which is located at the front (north) of the historic Spence Weaver Homestead. The City owns the 20 m x 27.4 m(66 ft. x 90 ft.) lot which fronts onto Dunn Street and is Iarge enough to be sold as a building lot. Map 1 attached shows the location of the Spence Weaver Homestead (Pai•cel 1) and the City held lands (Parcel 2). BACKGROUND: - a 4 acre parcel of land was subdivided in 1973; - the land in Parcel 2 was dedicated by the subdivision agreement in lieu of parkland dedication or cash in lieu of parkland; - the owners were given the right to use and enjoy the parcel in return for landscape maintenance; - the subdivision agreement provided that within the first 5 years of the agreement the City would offer the owners of the Spence Weaver House first right of refusal, at fair market value at its highest and best use; - the City retained the right to cancel the provisions upon 6 months notice which would have terminated any view or access to the Spence Weaver House from Dunn St. - the City and owners entered into subsequent agreements for first right of refusal ~ extending all the conditions and provisions of the subdivision agreement with the exception that the term would be for a 10 year period at a time; - the last agreement expired in 2001. f: Mr. & Mrs Barclay, the current owners, are requesting: 1. That they be given the same agreement and terms, but for a period of 25 years; or 2. A Heritage Easement agreement over the property; or 3. A zoning change. Staff Comments on the Barclay's requests: 1. This would provide the same rights as previous owners have enjoyed. Such rights included the ability to buy the lot at fair market value. Nonetheless, the City retains a Working Together to Serve Our Community :(6/5/2009) Dean lorfida Spencer Weaver House Memo to MHC wpd Page 2~ 2 cancellation clause on 6 months notice. Very little will be gained; the City has offered the property to the current owners of the Spence Weaver House. 2. A new form of 1ega1 agreement to freeze development of the land for the benefit of heritage purposes. Usually, this would involve a guarantee in return for something, usually maintenance. 3. This suggestion would likely involve, down zoning the property such that it could involve combining the 2 parcels into one lot for the purpose of allowing the existing use only. The value of the land would have to be re-assessed in order to set a value and complete the transaction. From the Municipal perspective, the lot is no longer subject to the first right of refusal provision and is viewed as a building lot for a semi-detached dwelling. The City is interested in selling the lot at the highest and best use to provide the best return to the tax payer. The current value is appraised at: $65,000 plus any costs associated with the transaction. The City Solicitor stated at the May 4, 2009 Community Services Committee meeting that there is no time limit, but would like to resolve the matter at the earliest possible time. CONC~,USION: The Committee should work with the landowner on any counter-offer they wish to make to the City. PB:gd Attach. ~ '~(6/5/2009) Dean lorFida Spencer Weaver House Memo to MHC wpd Pa e 3 g 3 Lsicatia n . Map ~ Pa'rcel 2 ~ ~ ,.n ~ ~ . ~ , ; .p , f, ~ ~ £f . Parcel 1 ~~~P ~ ais ~ p ' ~ a~ 411~:F5 ~ 1 I } ~ , f ~i @ a ~~:p. 14k~",~~ x~ ~ir s=^ ~ ~~z'.~ ~z;£~ °`m ~ - ; s,P ~U~f~Ct ~At1C~ ~ ' - ffi.itY::[,X±t: ,S:pence Weaver House 6590 Qunn Streef r ' !.j i i £ ~ ! ` f ?'-i i 1i-{ ~4'°°; r`j'.~:;°'~~- ~ a....~. ,._~!`.P,•:+~ _ _ i..:._. ~ _ City Council City Hall, Niagara Falls Re: 6592 Dunn Street, Lot 15, Plan NS25 We are the current homeowners of the Spence-Weaver Homestead located at 6590 Dunn Street in Niagara Falls. The house was built in the 1830's by Henry Spence, a brick and stone mason from England for Haggai Skinner, the son of Haggai Skinner Sr. who had been deeded the land by the government in the late 1700's as a United Empire Loyalist. The current action by the city would allow a dwelling to be built in front of the house blocking it in forever. We are interested in the City's offer to sell the lot but the value that has been put on it, as a development lot, is too high for something that we would never develop. Obviously, all of the mature trees on the lot would also be lost. We are also currently working with an architect from the School of Restoration Arts at Willowbank on drawings that would allow us to proceed with a presenta.tion to the Municipal Heritage Committee to seek approval to reconstruct some of the front porch that can be seen in the earlier old photographs of the house we have. If we were to lose the front lot access to Dunn Street, we would not proceed with these plans. We would be interested in pursuing a heritage easement or zoning change to ensure that no development could ever occur and a re-evaluation of the purchase price if the City still wanted to sell the land based on the value of that type of easement/zoning. The City has stated that it is however not interested in any other options at this time. We wish to address the items raised in the recommendation letter to declare the land surplus and proceed to sale. 1] The lands in question constitute a building lot and can bring considerable value to the City, in a time of need for funds. We have been advised that the appraised value of the land, as a building lot, is $65,000. While value is a relative term, in our view, this amvunt is not considerable for the City especially in light of the loss of the historical and natural heritage with any development of the land. The Parks in the City Committee and the MHC support a change to the zoning of the property in question to that of open space and the combination of the two parcels into one lot allowing it to be available far sale to us at the reassessed value of the property as adjoined. This would be on the proviso that the property never be developed and that the trees be maintained. We would request and hope that any surplus declaration at this time, would not preclude a rezoning and reassessment of value for sale, and otherwise to defer the surplus declaration for this lot until such time that the zoning can be further addressed. . 2] Acceptance of an agreement with the current owners of the Spence Weaver homestead would not allow for suitable use of the property as parkland. While the agreement terms prevent "parkland" use, the agreement ensures regular maintenance of the property at no cost to the City. If the City were to consider rezoning the land in question to open space, it would support the City's position in regards to the Communities in Bloom competition. However, sale of the land as a building lot is not in tune with the City's environmental policies or attitude toward preserving heritage properties. Any development would eliminate the view of a designated historical property "The Spence Weaver Homestead", for reason which, the City first acquired the property for $1. Supporting any sale for development of this property would negate any reason for the designatian of the property. It would also result in the destruction of several mature [>100 year old] trees on the property with negative environmental impacts. 3] The proposed agreement does not serve any public interest. An agreement that has limited time frames leaves uncertainty for both the City and us, the owners of the Spence Weaver Homestead. A resolution would be preferred that would result in a permanent decision, but that respects the interests of the public as well as the owners of the property in question. The original intention of the City's acquisition of the property was to maintain the historical view of the heritage property and maintain the lot in a good manner. This purpose was unchanged in the ongoing renewal of the agreements in the subsequent years. A sale of the property as a building lot is in direct contrast with this intention,. Rezoning the property and reassessing the value as open space in conjunction with our property i~ with exclusive rights-of-use, would be in the public interest for the following reasons: - Preservation of the 100+ year old trees which has positive environmental impacts - Maintenance of the property in clean, attractive manner is positive for the City and neighbourhood - Preserving the view of the herita,ge property is in keeping with the public interest to increase awareness of buildings and landscapes of architectural and/or historical importance We are prepared to work with the City in resolving this issue. Should the property be declared surplus and proceed to sale, as a develapment property, we request the City address the issue of our services before any sale. The City has apparently received information contrary to ours with respect to services on the lot. We have received confirmation that our gas services go through this property. We want certainty that our services will not be disrupted and otherwise protected should the lot be sold for development . F x Below is a recent picture of the view of the house frorn Dunn Street, and a picture of the house taken in 1904. , : ~"I 9 I ~ ~ J ~ Ii _ _ I , _ ~ t - I ~ ~.y ~ : r, ~ • . ~ - . 3":~a'3"~ $ ~ :f f _~t ~ t~ Z _ ~ ~ ' ~ _ ' _ , . . Y, .;r - _ - _ _ . , 1 . ~¢rw, i. ~ m~.'a~"~"~ €'~...a-~'~°"~.~ . ! .r~ . . ' ~ -~~a' _'a~-_ ...-"-°-~°--`s:..~~.aa~ac~; ~ - . ~ ~ ~ - . . . , 'Y ; ~ '.t~ ~ Q` 3;: # s~ ` ,..a~ ` - _ - . - - - _ Y- :i + - _ _ _ _ . . ~ _ - - ~ - - - . _ - _ - } : : a .I,,. a I , - ~ ~ . 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We have also attached the lot plan [obtained on the closing of our purchase of our property in 1993] showing a 4 foot wide Hydro Electric Commission easement along the West side of the property extending through to Dunn Street. Our information appears to contradict the information Lynne Banks had received from the utility companies, which troubles us. In addition to this, both neighbors - West and East of the City property have up to half of their driveways on the City property in question. I do not believe the issue has been raised with these neighbors by the City as to any easement concerns. While I am trying to notify them of the meeting and the potential issues, I have not been successful in doi~g so to-date. In response to our concerns, Lynne Banks emailed us May 29th to notify us that "Nothing has been decided yet, however, we will be declaring the lands surplus at the June 8/09 Council meeting. We are doing this only to save ourselves a step at a later date when the decision is made as to what will be done with the land." We are not familiar with the various legal and political procedures involved and thus are uncertain that this step will not actually facilitate but rather impede potential rezoning or other decisions that could be done with the land. We would appreciate a deferral of the surp~us land declaration and proposed sale if at all possible. At minimum we would request that even if the land be declared surplus on Monday's meeting, that the matters of potential rezoning, historical easement and/or natural heritage easement, restrictive use clause/agreement and reassessment of value still be available for consideration before any final sale of the land is concluded. We appreciate if you could ensure our concerns are presented to Council. Thank-you very much. 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P"`1 ~ ~ 3 ~ t. ~ I - . ^v ~ ~ !u v ""°i ~ ~p S° ~ ~ C7 ~ . a ~ " ° ~ ?F ,e ~ U ~ b t~, ~ • ~ ,r ~ : ~ ~ ~ ~ ~y - ~ o e+7 ; ~ ~ cp p ~ h ............~.....r.~_.,.. ~ O ~ fl ~ w3~.~w ktAt58 I ~.IUli~ ~ ~ ~~YabV V~~ 4.~6~~.i~~idit+ Xh@~Ytl. ~ . . . q ~ 7 a 0 ~ B ' ~ 1 e ~ , r~-` ' ~1 ~ _ _ _ _ _ _ _ _ _ _ . (6/8/2009) Teresa Fabbro - Fw: Fw: 6590 Property Easement issues Page 1 From: "Janice Wing" <janice_wing@cogeco.ca> To: "Teresa Fabbro" <tfabbro@niagarafalls.ca> Date: 6/8/2009 5:56 PM Subject: Fw: Fw: 6590 Property Easement issues Original Message From: "Dean lorfida" <diorfida@niagarafalls.ca> To: <janice_wing@cogeco.ca> Cc: "Teresa Fabbro" <tfabbro@niagarafalls.ca> Sent: Monday, June 08, 2009 5:42 PM Subject: Re: Fw: 6590 Property Easement issues We may have some of them, Janice, but if you could forward them to Teresa. I am in the Downtown Steering Committee meeting. Thanks Dean -----Original Message----- From: "Janice Wing" <janice_wing@cogeco.ca> To: Dean lorfida <diorfida@niagarafalls.ca> Sent: 6/8/2009 5:39:11 PM Subject: Re: Fw: 6590 Property Easement issues Thanks, Dean! On another note, I will be sending over an email on the Loretto issue which Council received this morning. I wrote back and asked if the author would like me to send it to you and Alex as a formal submission, and he has agreed. Several other emails have come in since then, but I haven't asked those writers the same question, so will just forward this one. janice Original Message From: "Dean lorfida" <diorfida@niagarafalls.ca> To: "Janice Wing" <janice_wing@cogeco.ca> Sent: Monday, June 08, 2009 9:49 AM Subject: Re: Fw: 6590 Property Easement issues Thanks Janice. I will include this in the handouts. The property is surplus to the City's needs and the comment from Lynne Banks is correct. A declaration of surplus does not necessarily lead to a sale. Dean "Janice Wing" <janice_wing@cogeco.ca> 6/6/2009 1:19 PM Original Message From: audrey and todd barclay To: Janice Wing Sent: Saturday, June 06, 2009 11:28 AM _ (6/8/2009) Teresa Fabbro - Fw: Fw: 6590 Property Easement issues Pa e 2 9 Subject: 6590 Property Easement issues Janice, For your reference, we are attaching the Auxiliary Locate Sheet we obtained in April 2009, showing our Gas Services would pass through the lot in question. We have also attached the lot plan [obtained on the closing of our purchase of our property in 1993] showing a 4 foot wide Hydro Electric Commission easement along the West side of the property extending through to Dunn Street. Our information appears to contradict the information Lynne Banks had received from the utility companies, which troubles us. In addition to this, both neighbors - West and East of the City property have up to half of their driveways on the City property in question. I do not believe the issue has been raised with these neighbors by the City as to any easement concerns. While I am trying to notify them of the meeting and the potential issues, I have not been successful in doing so to-date. In response to our concerns, Lynne Banks emailed us May 29th to notify us that "Nothing has been decided yet, however, we will be declaring the lands surplus at the June 8/09 Council meeting. We are doing this only to save ourselves a step at a later date when the decision is made as to what will be done with the land." We are not familiar with the various legal and political procedures involved and thus are uncertain that this step will not actually facilitate but rather impede potential rezoning or other decisions that could be done with the land. We would appreciate a deferral of the surplus land declaration and proposed sale if at all possible. At minimum we would request that even if the land be declared surplus on Monday's meeting, that the matters of potential rezoning, historical easement and/or natural heritage easement, restrictive use clause/agreement and reassessment of value still be available for consideration before any final sale of the land is concluded. We appreciate if you could ensure our concerns are presented to Council. Thank-you very much. P,udrey and Todd Barclay _ ~ _ (6/8/2009) Teresa Fabbro - Fw: Loretto property ~ Page 1 From: "Janice Wing" <janice_wing@cogeco.ca> To: "Dean lorfida" <diorfida@niagarafalls.ca> CC: "Alex Herlovitch" <aherlovitch@niagarafalls.ca> Date: 6/8/2009 5:40 PM Subject: Fw: Loretto property Mr. Rockx has agreed to this becoming a formal submission. Original Message From: Ron Rockx To: council@niagarafalls.ca Sent: Monday, June 08, 2009 9:18 AM Subject: Loretto property To all council members, In regards to the proposed development of the former Loretto nuns property. I picked up the paper this morning and was shocked to see the project the developers are proposing. I have no difficulties with Romzap developing the land and welcome the jobs and tax base it will generate. I do have difficulties with the size of the development. To build towers of that height right next to Our Lady of Peace church and the cemetery adjacent to it is offensive. It is a desecration of that space to say nothing of the damage that is very possible because of the depth of the foundations necessary for such large structures and the pounding of heavy machinery so close by. I agree with the Carmelites, such structures will change wind patterns and light for those properties as well as the atmosphere they are trying to cultivate. It is disturbing to see council rubber stamp amendments to the building plan and ram through development without regard for the neighbours of those developments. I would hope that the project could be scaled down in height and give a little breathing room for the people who have to live around it. Thanks and have a great day, Ron & Karen Rockx 6856 Sunrise Crt. Niagara Falis, Ontario L2G - 7V2 H(905) 357 - 5069 C(905)353 - 6907 ~';~i~~a: t"~'!i_y~_ '_~`r~ 1 ,j-~z; ~I;p{ S_I~_°~i,~~ivi Lynne Banks Law Clerk City Hall 4310 Queen Street Niagara Falls, Ontario Re: Lot 15 Plan NS25 We read the public notice on May 30, 2009 about the City's proposal to declare surplus this lot. We are the owners of 6580 Dunn Street which neighbours the subject property on the East side. We are opposed to any declaration that would allow the property to be sold as a development property. We have understood this land to be public land, maintained by the owners of the Weaver House behind it. We have been very pleased that the Barclays have taken such good care of the property over the last fifteen years. We are avid bird watchers and have enjoyed the variety of birds attracted to and nesting in the trees on the property. It would be a shame to lose such magnificent trees and a beautiful piece of land. Also, of large concern to us, is our driveway. More than half af our driveway is on this City property. We have no other location on our property to park our car if this becomes an issue. Before anything is done with the property, we request the City to give us something legal that would ensure we have no issue and our driveway is protected. ~ ~ , ~ ~ ~C-/~ ~.i!'t' t.fr I t i •j ~;-~':~_=.~i''S'~i ~'f{e ~~!w~i ''~VI`- . ~:!"24.°s i i°iL~e' ~.~m lV.~°7 ~4 ~i ~ 7, ~~"j~~, i Lynne Banks Law Clerk City Hall 4310 Queen Street Niagara Falis, Ontario Re: Proposed Declaration Surplus - Lot 15 Plan iVS25 We are the owners of 6602 & 6604 Dunn Street respectively. The proposed surplus land declaration is for the property adjacent to ours. We have the following concerns: According to the survey when we purchased the property, the driveway encroaches onto the subject property. We were in contact with the Niagara Falis Hydro Commission as the survey indicated that there was a 4 foot Hydro easement adjacent to ours. They noted no problem with the driveway. We assume and trust this Hydro easemen# prevents any development in this 4 foot area. We would like assurance, in writing, that if the property is declared surplus and sold, that we would have an easement or protection that our driveway is allowed to remain as it is currently. lf the property is sold as a development property, this would mean the removal of significant old pine trees on the property. This goes in direct opposition to the "Go Green" the City is purportedly supporting. We oppose any development that would result in the destruction of these trees. Thank you. Sue Hilston Kim Hilston < < c ~ ~ ~~,/l ~ ~ Gi~,~-~..~ ` ~ ; ~ ~r~u~~~.l~ss y' `(6/3/2f109) Dean lorfida Sign by law amendment Page~1^) ~n „ Froan: Ken Beaman ~'o: Dean Iorfida Date: 6/3/2009 3:43 PM S~abject: Sign by-law amendment CC: Ed Dujlovic; Ken Burden; Ken Todd Dean: I was away yesterday and this, combined with the press shop issue, has meant that I did not provide final comments on the draft report. 7he element of the stafF recommendation that I would like to bring to Council's attention relates to the encroachment by the sign on City streets. The information to be conveyed is as follows: The City is the keeper and owner of the public streets in Niagara Falls. As such it is responsible for keeping them safe for public passage. If the City allows a an object to be maintained and erected in a public street (an encroachment) and that object subsequently falls and injures some one using the road, the City is potentially liable for that injury. While it is possible to have a system in place that provides for insurance and indemniry from the owners of encroachments such as these awnings, such a system is cumbersome, expensive and time consuming. Staff are of the view that, due to the low risk of failure ant+cipated for this type of sign (awning), it is reasonable for Council to instruct staff to consider a sign (or building) permit for an awning to constitute the permission of Council for that awning to encroach upon the municipal road. In doing so, the City will accept the risk of potentially being found liable for an injury caused by the failure of the awning. Larger, more permanent and more dangerous types of encroachment would be subject to different rules. Ken ¦ ° ~C~'°' ~ Ro~ute ~tu ~ ber~~~ ~ ~ ~ ~ ~b~ $ G~ ~ C~ D I~ ~ 3 ~ ~ ~ ~ ~ E ' ~ ~ z,s: ri 0 o o ~ ,t? ~ ~W: No:mbre d'~ ~r~~~"r~~a~re~~ ~ - ~ ~ ~ ~ _ : ~ . ~ d ~ a_ . , o ~ N s Trip Number o ~ ~ a ~ W - ~ ~ ~ ~ : N ° de trajet y ~ ~ z N ~ . . < ~ N =k=~ ~ s , 1°oronto 2 ` ~ D ~ ~ ~ - cQ .~p ~ G~ ~ . . ~ ` ~ , ~ w N ~ o` ~ Union Stn -GO Bus Term. ~p ~~:-F ~ ~ Port Credit GO 11 ~ ~ . < y cn ~p ~ ° x o ~ ~ ~ ~ w ~ ~ ' Queen & Ann ` R ~ ~ 3 ~ ~ yi. . • ~ ~ Oakville GO 13 ~ J~. ~ - ~ ~ = ~ `D ° • Cross & Angus $ ~ , ~ ~ ~n r ~ ~ ~ ~ ~ ~ ' ~urlington GO 16 = Z y as z;- ~ o r z . s o ~ • Fairview & Brant k ~ ~ N , ~ fY ~ - . D N ~ ~--:~z; ~ o w ~ • St. Catharines ss ~ ~ ~ ~ • ,N-~• Q ~ p x ~,L~.j`~ ~ • ~ ~ ~ o - ~c~ ' 4 VIA Stn - Great Western St. ~ ~ ~ ~ =,v ~ , ~ cn ~ _ e, ~ ~ `D ~ o ~ ~ GViagara Falls s4 ~ = ~ ~ ~ ~ a ~ ~ Q ° ~a~ - w~= t VIA Stn - Bridge St. ¦ Ar ~ ~ ~ ~ ~ m ~ ' < c D r ~ , ~ ~ m ~ _ ~ P ~ z ~ Trip Number o a : ~ . Q ~ - N ° de trajet y ~ ~ ~ ~ - ~ ~ ~ - Niagara ~alls sa ~ ~ ~ ~ ~ ~~a t VIA Stn - Bridge St. ~p ~ ~ ~ . • • St. Catharines ss . t VIA Stn - Great Western St. ~ R _ _ . _ ~ ~ ` ~urlington GO 16 ~ ~ Fairview & Brant ~ ~ . ~ . ~ 5 . Oakville GO 13 . ~ „ ~ a ~ ~ Cross & Angus ~ _ , ~ . ~ o , Port CredBt GO 11 c R • Q ~ V Queen & Ann = cv a o ~s: _ ~ ~ Toronto 2 ~ ~ ~ ° HI Union Stn -GO Bus Term. ,4r ~ ~ ~ O ~ 200 University Ave, Suite 801 ~ Toronto, ON M5H 3C6 Tei.: (416) 971-9856 ~ Fax: (416) 971-6191 ~ E-mail: amo@amo.on.ca *t~ficrt^iatir~~ arf'~iw~~~d~r.~~it~~ e~fi E.~soE;~r~ce ~~~~~~~Q~MY ALERT P!°: 09/043 _ To the attention of the Clerk and Counci! FOR MORE INFORMATION CONTACT: June 5, 2009 Craig Reid , AMO Senior Policy Advisor . (416) 971-9856 ext 334 EederaO a~d Provu~caa8 Gove~~~e~~s ~~~~at $2e3 ~uDOuo~ ~o ~a~a~acupaB ~~f~°ast~°a~ctu~~°e en O~t~rio Issue: Infrastructure Stimulus Fund and Building Canada Fund - Communities Component funding for Ontario municipalities was announced today by the Governments of Canada and Ontario, totalling $3.4 billion when the one-third municipal contribution is added. Backgrounc9: Federal Minister of Transport, Infrastructure and Communities, the Honourable John Baird and Ontario Minister of Energy and Infrastructure, the Honourable George Smitherman announced 1,373 successful projects for federal and provincial funding under the Infrastructure Stimulus Fund (ISF) and the Building Canada Fund - Communities Component (BCF-CC). Comonunity aronour~ce~aents ffor andovidual successful projects are being rr~ade by loca9 IVlernbers of Parlsaoment, Provincial ParYiamen~ and rtx~unocip~l counciBs ove¢~ the corning d~ys. In Ontario, 425 municipalities submitted 2,700 project applications to the ISF for a total of $6 billion in project costs. Today's announcement commits $1.9 billion of federal and provincial support to Ontario municipalities under the ISF for 1,190 projects. When cost matched by municipalities, ISF projects will expend $2.79 billion in Ontario. Also announced were results of the second round of the BCF-CC which commits $408 million to 183 projects in Ontario communities with populations of 100,000 and under. With municipal contributions, $614 million will be invested under this program. Ontario municipalities made more than 420 applications with total funding in excess of $1 billion to the BCF-CC. The application window for these programs was announced on April 14, 2009 with a deadline of May 1, 2009. All projects supported by stimulus funding must be completed by March 31, 2011. Act6on: IlAunicipa9itoes are asked to contact ~~eir Boca9 IIAP or MPP regaa~dinc~ p~roject success. AMO will continue to advocate for long-term, sustainable funding for municipal infrastructure. Association of 1-1 Municipalities of Ontario , ` i ; ' 'r _ . l. ~ : ~ ~ ~ _ _ _ _ , ,i NIAOAMF/1LL! 40CCER CLIIB'~ ~ -3 ` ,,x~;,> ~:".11959 ' ~ ~{i~~`~ 49;,i ~ t~ p x ~ _,......r. i r ~ v t ~r. ~ ~ j ,~f X~ ¢ a ~ p " ? e - ~ , t # }jr ; ; - s y . ~ _ Y ~f . , _ 9 _"i . ' - $ - ~w-i ~ _ ~ . ' J ~ . - ~ , , .u„~.• ' ~ ~ ' r ~~~~~x J~7N~ 19, 20Q9 ~ ~~RICANA ~SOR~' AND S]PA l~C~~~~ON/S~:~,~N~' 1~~1CT~oN - 6:30~1v~ D~NN~it/I~A.NC~ - 7:3OP.tv~ CI-~~~,D~N (UNDER ~2) - $25.00 ~~L~I's (13 Ai~T~ ~7~~ - $40.4~ COI~'TA~~' 'I'fl~V~~; C~AC~I~S OR N~SC ~C~l~ TIC~T P~7R~HA.s~s. ~ _ ! ~t! ~ , F~a' ~~~l~~rj f`~~~~~j~ ~4J:~~~/~ 6~~~ A31~ r[ .~Y ai ~.eu t NIAGARA FALLO 90CCER CLUB 3800 Springdale Ave., PO Box Z2022 Niagara Falls, ON L2J 4J.3 +959 ~h Zoae 905-374-4040 Dear Community Partner, The Niagara Falls Soccer Club has been an integral part of the Niagara Falls Community since 1959. We pride ourselves in announcing that this year we are celebrating our SOth.4nnivers~ry~ In that time we have grown in capacity and boast a roster of up to 1,400 players playing competitive, recreational and instructional soccer. It is our hope to continue to bui~d on those strong community partnerships in future soccer seasons. We rely on our generous sponsors to assist and support our teams in order to accomplish these goals. On June 19t", at the Americana Conference Resort and Spa, in celebration of our 5~'' Annirrersary the NFSC is hosting a special celebratory gala dinner. One special attraction this evening is the NFSC's FirstAnnua/Si/ent.~uctian. All proceeds from the auction will be directed towacds our Indoor Faci/i~ Fund The NFSC intends to create an indoor facility which would provided an excellent practice venue for all of our teams and others within the Niagara Falls area interested in such a complex. If you should be interested in donating an item for our silent action please contact Tim Chamberlain at 905-401-2888 or Lorenzo Leone at 905-394-0112. Arrangements will be made to pick up the items. All sponsors will have their logos displayed on a poster at the silent auction tables. We thank you in advance for your generosity and your support. Respectfully yours in soccer, TIM CHAMBERLAIN IVICK MONTANARO PRESIDENT VICE-PRESIDENT Niagara Falls Soccer Club Gala Dinner Committee 2009