Joined: Mar 2005
Posts: 15663
Outback
3/24/2016 at 10:10 AM
Pasting below a letter that the City sent to residents of the area yesterday. Please note from the wording that there is currently a dispute between the individual and the city that as yet is not resolved in the courts. This letter will be representative of one side of that dispute and it is certainly important to take in all information from all sides when forming an opinion. If anyone has contact information for Mr. Andrews and/or the letter that he has distributed I would very much like the opportunity for all sides in this to be represented in this discussion. I can be reached through the Contact link at the bottom of any page in the site.
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March 23, 2016
Dear Resident:
The City of Brandon is aware that Mr. Barry Andrews, on behalf of Executive Homes 2000 Ltd., has circulated a notice to residents of Oakridge Estates indicating his intent to stop traffic on Outback Drive and Bell Avenue.
It is unfortunate and disappointing that Mr. Andrews has taken this action. Nonetheless, the City of Brandon wishes to respond and assure area residents that the City of Brandon has been and will continue to undertake its best efforts to resolve this situation in a manner that is in the best interests of area residents and the City of Brandon as a whole.
So residents are fully aware, the facts described by Mr. Andrews in his notice are not accurate. The City of Brandon disagrees with Mr. Andrews’ assertion that he has no choice but to prevent traffic from accessing the area, as there are options available other than inconveniencing residents, some of whom had initially purchased their properties through Mr. Andrews. The City of Brandon has been attempting to reasonably settle this impasse and has not been bullying Mr. Andrews as he claims.
The City of Brandon has engaged in good faith negotiation practices with respect to this particular matter since it surfaced as an issue in the fall of 2015. However, since there has been no settlement reached, there is litigation pending and all outstanding matters between Mr. Andrews and the City of Brandon will be determined by the courts.
In order to receive initial approval to develop Oakridge Estates, Executive Homes 2000 Ltd. had to construct and provide a means of access to and from its residential development and constructed Outback Drive, over which the City of Brandon maintains it has easement rights. Executive Homes 2000 Ltd. is also contractually committed, within an agreement with the current developer, to ensure that Bell Avenue remains open for use by the public and to provide access to and from Oakridge Estates. In addition, the portions of Outback Drive and Bell Avenue for which Mr. Andrews has alleged he should receive compensation from the City of Brandon are located within what is intended to be, pursuant to present designs, the eventual realignment of 18th Street North by the Department of Manitoba Infrastructure and Transportation. Purchase or expropriation of those lands in question is an issue for Mr. Andrews to work on with the Province of Manitoba.
The particular location on which Mr. Andrews’ vehicle and trailer are presently parked is not on the City’s right-of-way and is technically upon the property of Executive Homes 2000 Ltd. Mr. Andrews cannot live in this trailer at this location pursuant to the City of Brandon’s Zoning Bylaw. Further, Mr. Andrews’ previously identified intent to demand a toll from individuals attempting to use Outback Drive and Bell Avenue is not legally authorized.
During this continued litigation process, residents of Oakridge Estates should be comforted in knowing that the City of Brandon will not allow their properties to become landlocked and will ensure access to their properties will be maintained in a safe manner. In addition, the City of Brandon will address whatever circumstances are created by Mr. Andrews to ensure the safety of area residents and the general public. Residents and those accessing Oakridge Estates are encouraged to call the Brandon Police Service directly at 204-729-2345 if any safety concerns arise.
The City of Brandon will not be intimidated by Mr. Andrews’ ill-advised threats to barricade traffic from having access to Outback Drive or Bell Avenue and disputes his inaccurate claims of bullying tactics.
Should you have any concerns about this matter, please contact my office.
Sincerely,
Scott Hildebrand
City Manager
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