Winnipeg Free Press (Newspaper) - February 15, 2014, Winnipeg, Manitoba
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A 4 WINNIPEG FREE PRESS, SATURDAY, FEBRUARY 15, 2014 TOP NEWS winnipegfreepress. com
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Why risk selling your car privately? Come see us today. THE pending sale of three civic properties reveals
senior administrators had badly miscalculated
the value of the land when negotiating with
developer Shindico.
City hall is about to sell the three parcels of
land for almost $ 1.7 million - properties the administration
wanted to trade to Shindico for the
company's land on Taylor Avenue where the new
No. 22 fire paramedic station was built, which
Shindico had valued at $ 900,000.
" Our ( administration) should not have gone
down the road of a straight- up land swap ( with
Shindico)," Coun. Jeff Browaty said. " We should
have put the properties up for an open bid in the
first place."
An administrative report states two old fireparamedic
halls will be sold for a combined
$ 686,000 and a third parcel of vacant land will be
sold for $ 1 million.
Details of the three deals are contained in next
week's agenda of the property, planning and development
committee report.
Browaty, chairman of that committee, said the
sale prices of the three parcels do not support
Shindico's claim in its dispute with the city over
the value of the Taylor Avenue land.
Browaty ( North Kildonan) said city staff was
willing to throw in a third parcel of land in the
Shindico deal, without knowing its market value.
The fire- paramedic hall replacement program
went $ 3.2 million over budget ($ 18.5 million versus
the original $ 15.3 million) and could go higher
if the city has to pay more than $ 1 million to
Shindico for the Taylor Avenue property, which is
now going to an expropriation process.
The Ernst & Young audit into the program was
critical of the decision by former CAO Phil Sheegl
to let former fire chief Reid Douglas handle
the negotiations with Shindico, finding Douglas
didn't have the expertise or the staff resources to
negotiate with Shindico.
Shindico has disputed the audit findings, claiming
its actions saved the city millions of dollars.
Coun. John Orlikow said he takes little comfort in
knowing the proceeds from the sale will be going to
cover the cost of the Taylor Avenue purchase.
- Santin
What's up for sale
A look at the sale of three civic properties:
. 200 Berry St.
The old St. James fire station.
Proposed sale price $ 257,000.
The buyer plans to use the property for multifamily
residential or a single- family residence.
. 1710 Grosvenor Ave.
The old River Heights fire station.
Proposed sale price $ 429,000.
The buyer plans to convert the building into
a daycare operation.
. 409 Mulvey Ave. East
A vacant parcel of city land thrown into the
Shindico land deal without the city knowing
its market value.
Proposed sale price $ 1 million.
Developer plans to construct a 12- storey,
68- unit apartment block on the site.
Planned sale of city lands
shows value miscalculation
C ITY hall is taking developer Shindico
to the expropriation process
over the firm's Taylor Avenue
land where it built the new No. 12
fire- paramedic station.
City officials said negotiations that
have been ongoing for 14 months have
reached " a stalemate" after Shindico
wanted to be compensated for what it
claims is loss in value to other land it
owns adjacent to the new fire- paramedic
station.
" We haven't been able to agree on
a final price," Barry Thorgrimson,
director of planning and property
development, told a news conference
Friday. " We believe the values that
we are coming up with and the offers
we are presenting are reasonable and
what would be expected and they are
not agreeing to it."
An administrative report to the
property and development committee
shows the two sides are not far apart
on the value of the land where the station
sits. The city offered Shindico
a little more than $ 1 million for the
Taylor property; Shindico placed the
value at $ 1.2 million.
However, Shindico also wants an
additional $ 844,000 thrown into the
deal for what it says is the loss in
value in the adjacent land Shindico
still owns, because the hall was built
beside it.
Thorgrimson said Shindico is being
unreasonable, adding they weren't
concerned about the presence of the
fire- paramedic hall when they first
offered the land to the city.
The report states Shindico has refused
council's proposal to engage
an independent appraiser to act as a
final arbiter on the value of the hall
property.
The city has been negotiating with
Shindico to buy the Taylor Avenue property
since November 2012, after council
killed an administrative proposal to
swap three city properties for
the Taylor site.
The Taylor fire- paramedic hall
was one of four new halls Shindico
was contracted to build in a program
that was several million dollars over
budget and that a team of forensic
auditors from consulting firm Ernst
& Young concluded was mismanaged
by city officials and plagued by unfair
contract awards to Shindico.
Shindico has disputed the E & Y
findings, arguing the firm offered the
city the lowest possible price.
Council only learned of the land
swap after Shindico prematurely
marketed one of the city properties
before the deal was finished.
Council was also upset to learn
the administration had authorized
construction of the Taylor Avenue
hall before the city had taken ownership
of the land - councillors were
under the impression the city already
owned the land before construction
had begun.
Council was prepared to split the
difference with Shindico if their respective
appraised values were within
10 per cent of each other but if the
spread was greater, suggested it go to
binding arbitration as a way to avoid
the messy and costly expropriation
process.
Shindico general manager Bob
Downs said the company would not
comment on the possible expropriation.
Coun. Jeff Browaty, chairman of the
property and development committee,
said the city is reluctantly going
the expropriation route only after all
reasonable efforts to reach a fair deal
with Shindico have been frustrated.
" We have a fire hall on land that we
don't own," Browaty ( North Kildonan)
said, adding the city has to acquire
ownership of the property.
The expropriation
process will add
more to the cost of
the land, Browaty
said, explaining
the city will have
to pay Shindico's
reasonable legal costs during the process
and other costs needed to determine
fair value for the property.
Browaty said he can't support Shindico's
claim for an additional $ 844,000
related to what they say is loss in
value to their adjacent property.
Browaty said in this instance, Shindico
offered the Taylor property to
the city knowing the impact it would
have on their property.
" Shindico knew very, very much
what was going on there," Browaty
said. " Would they honestly do something
that would cause that much
injury ($ 844,000) to their own land?
That number is unfair."
Thorgrimson said Shindico is being
unreasonable by claiming its remaining
land on Taylor has suffered
as a result of the construction of the
fire- paramedic station. The remaining
Shindico property has frontage
on Taylor, Thorgrimson said, adding
it's of sufficient size to be subdivided
and developed.
Thorgrimson said the expropriation
process could take 12 to 24
months but the decision of the Land
Value Appraisal Commission is final
and cannot be appealed. He said it's
still possible both sides could reach a
settlement before the case goes to the
hearing.
The expropriation process freezes
the value of the land at its current
worth and it cannot be affected by
market conditions as the process
drags on.
The city has received offers for the
three parcels of land it was originally
going to swap with Shindico. The combined
sale price for all three is $ 1.686
million - money that will eventually
be used to offset the cost of Shindico's
Taylor Avenue property.
Coun. John Orlikow said the audit
and ongoing dispute with Shindico
have detracted from what should be
a celebration over the construction of
four new fire- paramedic facilities.
Orlikow ( River Heights- Fort Garry)
said the administration created the
mess by circumventing council and
negotiating deals " in the backroom."
" We should all be concerned how
a project that is so beneficial to Winnipeg
went off in such a poor manner,"
Orlikow said. " What
this shows... is we don't
have the ( administrative)
leadership managing
these projects."
aldo. santin@
freepress. mb. ca
Shindico faces expropriation
City taking new route amid stalemate over fire- paramedic hall price
By Aldo Santin
' Shindico knew very, very
much what was going on
there. Would they honestly do
something that would cause
that much injury ($ 844,000) to
their own land?'
- Coun. Jeff Browaty
Audit's findings
on the transactions
FROM the Oct. 7, 2013 Ernst &
Young audit into the fire- paramedic
stations construction project:
. Shindico had originally offered the
city the Taylor Avenue land in June
2010 for $ 900,000 but said it would
prefer to do a land swap rather than
take cash.
. Administration added a third parcel
( 409 Mulvey Ave. East) into the swap,
without knowing its value but knew
the three parcels combined were
worth more than Shindico's Taylor
property.
. When administration agreed to the
land swap, it violated a city bylaw that
states only council can declare city
land surplus.
. Administration allowed Shindico to
begin construction of the Taylor fire
station before arrangements were in
place to acquire ownership of the land
from Shindico.
. The city already owns land on
Taylor that could accommodate
construction of a fire- paramedic station
but it was never considered by
administration as an alternative to the
Shindico property.
. The fire- paramedic hall replacement
program is $ 3.2 million over
budget, which includes an estimated
cost of $ 1 million for the Taylor
property. The over- expenditure will
increase further if the city is forced
to spend more than $ 1 million for the
property.
. The city still plans to sell the three
civic properties originally included
in the land swap, but instead of
allocating the proceeds to the city's
land reserve account, administration
recommends the proceeds be used to
offset costs associated to purchase
Shindico's Taylor land.
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