Eaton's Building
320 Portage Avenue
Update as of April 15th, 2002:
RE: True North proposal to demolish the Eaton's building
and replace it with an arena
The following are matters that any party considering financing
the proposed True North arena project should take into consideration:
Legal Challenges
The Save the Eaton's Building Coalition (SEBC) has two legal
challenges to the project pending:
1. An application was filed in the Federal Court in December
of 2001 regarding the process undertaken by Western Economic
Diversification and the Treasury Board in approving the federal
funds for the True North project. The coalition's contention
is that the federal authority did not adequately conduct the
requirements for the attribution of federal funds for the
project in accordance with legislation.
2. An application was filed in the Court of Queen's Bench
on March 14th regarding the process that was undertaken by
the City of Winnipeg in approval of the Conditional Use Application
and the Text Amendment to the Downtown Zoning By-Law. The
Coalition has asked the Court to reject, on the basis and
bad faith, the City of Winnipeg's decision on the text amendment.
Inadequacy of proposed facility
A group of Hockey fans calling themselves Winnipeg's Arena
Quest have raised a number of concerns regarding the adequacy
of the proposed Arena. Questions for this group may be directed
to arenaquest@shaw.ca
Alternative Use for Eaton's Building
Architects and engineers have studied the building and agree
that it is quite suitable for renovation for mixed commercial
and residential use. A number of builders have expressed interest
in such adaptation of the building. One builder with extensive
experience has put forward a detailed plan. Such a development
would be very beneficial to the downtown area.
Alternative Sites for Arena
We have encouraged True North to consider alternative sites
for their arena. We believe that any alternative sites should
go through the proper site selection process that considers
facility access requirements, traffic, pedestrian safety and
neighborhood impact.
Environmental Concerns
Socially conscious organizations should be concerned about
the removal to landfills of the existing arena plus the Eaton's
Building. Tons of debris will be needlessly removed.
Downtown Impact
Economic analyses on downtown arenas show that they have a
negative impact on the immediate area. Downtown business and
residents will be severely impacted. A majority of Winnipeggers
agree that Portage Avenue is not the right place for an arena.
Public Safety
The Coalition's architect caucus has showed that the proposed
arena facility, which will encroach onto Hargrave Street,
will create serious safety concerns. A parking lot, laneway,
bus stop, and tunnel (created by the building overhang) create
"indefensible space" and threaten individual and
neighborhood safety.
Financial Viability of the True North Project
Price comparisons with similar projects in Canada and the
US suggest that the cost estimates of $125,000,000 may be
low. The Mayor himself said in 1995 that an arena could not
be built for less than $150 million dollars.
Public Subsidy
In order for the partners to make $3.7 million dollars a year
in profit, the public sector contributes a minimum of $3.2
million dollars per year (VLT revenues and tax rebates).
Public Support
Despite the entrenched support of the Winnipeg Free Press
and Winnipeg Sun for True North, the project does not have
significant public support. The better people are informed,
the less supportive they are. Our own professional poll results
indicated by 2/3 of Winnipeggers prefer the retention and
conversion of Eaton's into a mixed-use development that includes
a housing component.
Provincial Implications
The present arrangement with True North prohibits the three
level of government from funding a competing facility for
25 years. The exact clause in the May 14, 2001 termsheet reads:
Should some municipality outside Winnipeg, or Winnipeg itself
wants to build a larger facility, it would be prevented from
receiving public funds.
Information courtesy Save the Eaton's Building Coalition.
For more information see the Save the Eaton's Building Coalition
website: www.saveeatonsbuilding.ca
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Eaton's Building- 320 Portage Avenue
UPDATE:
Please visit the Save The Eaton's Building Website under our
Top Links for further information.
COURT INJUNCTION: Judge grants injunction to momentarily halt
demolition
The Save the Eaton's Building Coalition is pleased to announce
that it has received the judgment of Chief Justice Scott.
The decision, which grants injunction on the demolition permit,
disagrees with the contention of True North, the City of Winnipeg,
and Court of Queen's Bench that the Save the Eaton's Building
Coalition application "has no merit." The injunction
will prevent the demolition permit from being issued by the
City of Winnipeg until the Supreme Court of Canada decides
whether or not to hear the Coalition's case.
Three key findings by the Judge:
1. Regarding the Coalition's application to the Supreme Court
the judge stated, "Certainly, it cannot be said at this
stage despite the fact that the applicant has been unsuccessful
in all court proceedings to date, that its application is
entirely without merit as submitted by the respondent."
2. On the issue of the lack of information the judge stated,
"I am troubled by the lack of specificity in the information
provided by the developer on behalf of the City …the
fact remains that there still are, even after an 18 day adjournment,
some important unanswered questions."
3. With respect to the delay the judge stated, "there
is no evidence that withholding the demolition permit will
cause significant delay to the developer or the City."
"In a precise 11-page decision, the learned judge has
brought forward a decision of national importance, which advances
the rights of citizens and democracy," concludes Christine
Common-Singh.
.....................................................................
Zoning: Text Amendment Decision
Many of you have been following the drama around the issue
of zoning for the proposed arena. The appeal for the conditional
use was laid over due to unconventional actions undertaken
by True North's lawyer. In the end, the text amendment was
approved by City Hall in spite of hearing a day's worth of
delegations from those deeply troubled by the possibility
of allowing an arena to be a permitted use throughout more
of our downtown. The test amendment was ratified by City Council
on February 27, 2002.
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Survey Says Keep Eaton's Building
Public Prefers Converting the Eaton's Building and Constructing
Arena on an Alternative Site
The Save the Eaton's Building Coalition released results of
a public opinion survey conducted by Prairie Research Associates
during October 17 to 24, 2001. The results demonstrate very
strong support for building Eaton Square.
.....................................................................
Save The Eaton Building Coalition
The save the Eatons Building Coalition is an ad-hoc group
of architects, historians, planners, artists, activists and
downtown residents who have joined forces to plan for the
ongoing use of the former Eaton's Building at 320 Portage
Avenue. The group opposes the demolition and dereliction of
the Eaton's Building. The coalition believes that the building
should be protected because of its historical, architectural
and social significance. They believe that the adaptive re-use
of the Eaton's Building can play a role in promoting the health
of downtown Winnipeg.
For further information about the Save the Eatons Building
Coalition, visit www.saveeatonsbuilding.ca
History of The T. Eaton Company Store- In the spring of 1904,
John Craig Eaton (1876-1922), son of Timothy Eaton (1834-1907),
took a scouting trip to Winnipeg to spy out a potential location
for the Eaton’s store. Eaton’s saw that Portage
Avenue was at the beginning of its rise, at a time when Winnipeg
had boundless horizons in terms of prosperity. By summer of
1904, construction had started. The building was to be five-storeys
with a wooden, partial sixth floor, of steel frame construction
atop a pyramidal stone foundation. The total cost of the building
was $350,000.
Everything about the new store was large– the largest
building in the city, the most floor space and the most merchandise.
Even before the store opening, local commentators were stating
that Eaton’s had made a strong difference to Portage
Avenue, proclaiming that the area around Eaton’s was
now a strong rival to Main Street.
By November 1906, plans were already made to extend the store
along Donald Street. The new addition was to have another
entrance near the south end, as well as an interior broad
staircase, two new passenger elevators, two new freight elevators,
and a “magnificent” marble soda fountain opposite
the existing Donald Street elevators. Among the new features
of the addition was a churning department, where one could
get free samples of butter.
Late in 1908, it was once more announced that Eaton’s
was expanding. This entailed an additional floor on the existing
store, as well as a “brick and steel” warehouse
on Graham Avenue.
The death of Sir John Craig Eaton in 1922 has been described
as a “seismic event for Eaton’s”. The operation
was given to a cousin, Robert Young Eaton, and the proposed
expansion of a 12-storey Mail Order Building on the corner
of Graham Avenue and Hargrave Street was considered unnecessary
by him. This was in direct opposition to the late J. C. Eaton.
Eaton place was opened by Mrs. John David Eaton in 1979,
but financial problems and economic downturn in the 1980’s
brought the loss of Eaton Place in the 1980’s. Once
a flagship store, the Portage Avenue landmark survived cost-cutting
operations in 1997 which saw the closure of other Eaton’s
outlets. The final act came the summer of 1999 when Eaton’s
declared bankruptcy and a two-month sale of its assets ensued.
The once great retailing/mail order empire closed its doors
on 19 October 1999.
The Heated Eaton's Debate
A $125-million, 15,000 seat arena and entertainment complex
is scheduled to replace the existing Eaton’s building
on Portage Avenue. Here are some of the facts:
- The three levels of government will contribute a total
of $38-million of the $125-million (approx. $10-million per
level).
- The City of Winnipeg is also contributing $3.5-million from
its capital budget on road and sewer work, plus rebating the
amusement tax and exempting the new arena from business tax.
- Eaton’s closed its door in 1999, but City Council
would not give it historical status (only building owners
can apply for historic designation).
- The current owner of the Eaton’s building is Osmington
Inc.
- Investors of the True North project include the Chipman
family, Crocus Investment Fund, Osmington Inc., and David
Graves.
- Architects working on the project are Sinks Combs Dethlefs
of Denver.
Update on Important Issues from the Save the Eaton's Building
Coalition from January 2002:
The Battle Continues Into 2002
1. Important Public Hearing
Date: Tuesday, January 8, 2002, 1:30 p.m.
Place: Council Chamber, Council Building, City Hall, 510 Main
St.
The City of Winnipeg is proposing to amend the text of the
Downtown Winnipeg Zoning By-law to allow the construction
of the True North Arena project. A Public Hearing is a requirement
for an amendment to the text of the By-law and anyone who
attends has the right to speak. This will be the last chance
to express to City Councillors your views on the demolition
of the Eaton's Building and the building of the True North
Arena on its "too-small site".
Details of the application follow:
Committee: Standing Policy Committee on Property and Development
(Councillors Vandal (Chair), De Smedt, O'Shaunessy, Prystanski
and Mayor Murray)
Applicant: Director of Planning, Property and Development,
City of Winnipeg
File: DAZ 225/01
Proposal: The Director of Planning, Property and Development
proposes to amend the text of By-law No. 4800/88 to add the
use "Sports, Entertainment, Cultural Facility" as
a permitted principal use to the Non-residential Use Groups
designated as "NRc" and "NRd".
Information: Phone Mr. M. Sandhurst, Senior Planner at 986-5066.
He will fax the Planning Report to you.
Representations: Anyone who attends the hearing may request
to speak. However the Clerk of the Committee would prefer
that you notify her in advance: Ms. J. Park, Clerk of the
Committee on Property and Development - PH 204.986.3732; FX
204.947.3452; jpark@city.winnipeg.mb.ca
2. Legal Matters
a. Application to the Supreme Court of Canada
The Supreme Court is considering the Coalition's application
to hear its case against the City of Winnipeg. We contend
that there is evidence of bias and bad faith in the City's
manipulation of process to prevent the designation of the
Eaton's Building as a heritage structure. Our motion for an
injunction to prevent the demolition of the building until
the case has been decided has been sent back to Manitoba's
Court of Appeal. Chief Justice Scott will consider this motion
on Thursday, January 10, 2002 at the Law Courts Building at
Kennedy and York. (Time to follow)
b. Application to the Federal Court
The Coalition has also made application to the Federal Court
of Canada requesting a judicial review of the Environmental
Assessment process. Environmental Screening of the True North
Arena project was a requirement before the federal $millions
could be handed over to the private owners of the arena. The
Coalition contends that there were important errors and omissions
in the carrying out of the environmental process. It may be
six months before this case is heard.
c. Application to Manitoba's Court of Queen's Bench
When the City of Winnipeg was trying to push through approval
of the True North Arena by labelling it a permitted "retail
business", the Coalition made application to the Court
of Queen's Bench for a judicial interpretation of the Downtown
Winnipeg Zoning By-law. This case is scheduled to be heard
on Thursday, January 17, 2002. However, the City is now proposing
to amend the text of the By-law (see above) and the case may
not proceed.
3. Chronology of Coalition Initiatives
Although you have not heard from us for a while, members of
the Coalition have continued to meet with officials and carry
out other initiatives. David Lettner has prepared the following
chronology for your interest:
CHRONOLOGY OF KEY PLANNING MILESTONES AND MEETINGS
JUNE 2001
05.06.01: First organizing meeting of citizens at River Heights
C.C.
10.06.01: First organizing meeting of the SEBC
12.06.01: P&D Committee hearing on heritage designation
for T. Eaton Co. building
13.06.01: EPC meeting on heritage designation for T. Eaton
Co. building
20.06.01: Council decision to not designate T. Eaton Co. building
as Grade II structure
25.06.01: First meeting of Eaton Square (ESQ) concept development
team
JULY 2001
03.07.01: Meeting with NDP Caucus
04.07.01: Meeting with LIB and PC Caucus
17.07.01: Meeting with Mr. Duhamel’s MRO staff
17.07.01: Meeting with provincial staff of the CEDC of Cabinet
21.07.01: Meeting with Senator Carstair’s MRO staff
26.07.01: Media Conference No.1: ESQ Concept Launch
AUGUST 2001
08.08.01: Meeting with Ministers Friesen and Lemieux
10.08.01: SEBC release of 1997 LM reports supporting adaptive
reuse of the Eaton bldg
16.08.01: Media Conference No.2: SEBC release of True North
Biz Plan dated July/00
30.08.01: Media Conference No.3: SEBC announces legal challenge
to Appeal Court
SEPTEMBER 2001
05.09.01: SEBC delegations meet with MP Anita Neville and
WFP Editor Nick Hirst
OCTOBER 2001
03.10.01: Media Conference No.4: SEBC announces developer
interest in ESQ
10.10.01: Presentation to Downtown Rotary Club
30.10.01: Fundraising Event No.1: Luncheon with Allan Gotlieb
NOVEMBER 2001
01.11.01: Media Conference No. 5: SEBC announces results of
public opinion survey
13.11.01: SEBC application to Court of Queen’s Bench
on zoning matter
15.11.01: ZBL matters: Board of Adjustment Hearing
22.11.01: ZBL matters: P&D considers True North request
for text amendment
DECEMBER 2001
05.12.01: Fundraising Event No.2: SOS Art Sale
06.12.01: ZBL matters: P&D adjourns appeal hearing based
on TN manipulation
11.12.01: ZBL matters: P&D sets public hearing date for
TN text amendment
JANUARY 2002
08.01.02: ZBL matters: P&D public hearing on text amendment
09.01.02: ZBL matters: EPC to consider recommendations of
P&D on text amendment
17.01.02: ZBL matters: SEBC Court of Queen’s Bench date
on zoning matter
30.01.02: ZBL matters: Council decision on EPC recommendation
for text amendment
Prepared and compiled by David E. Lettner.
After hearing superb presentations from many of the Save the
Eaton's Building Coalition supporters today, the Standing
Committee on Property and Development voted to postpone its
decision on a text amendment to Downtown Winnipeg Zoning By-law
4800/88 until a meeting in three weeks time. The delay will
allow time for Planning Officials:
to develop a definition for the term "Sports, Entertainment,
Cultural Facility"
to clarify the intent of the addition to the By-law
to study possible detrimental effects of the text amendment
to establish a means of "checks and balances" (Councillor
Peter De Smedt's term) if the text amendment does go ahead
We do not think the City will issue the Demolition Permit
to True North until the zoning issues have been resolved.
It appears that our lobbying is finally starting to have
an effect. Councillors today appeared much less firm in their
resolve to push the arena through at all costs. Thanks for
all of the work that everyone continues to put into this effort.
Heritage Winnipeg would like to acknowledge this information
from members of the Save The Eaton's Coalition; taken from
their website at www.saveeatonsbuilding.ca. Thank you for
their ongoing efforts.
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