Martensville City Council is weighing the question of whether to allocate $15,300, plus legal costs, to alleviate a long-standing drainage problem at the Gateway Plaza.
The issue was raised at the city council committee of the whole meeting on Tuesday, July 11. Council is expected to vote on the question at its upcoming regular council meeting on Tuesday, July 18.
The shopping mall, located at the intersection of Centennial Drive South and 4th Street South, has been plagued by water pooling in the parking lot and the lane behind the property every spring and after heavy rainfall events for more than two decades.
The owners of the property say the problem started prior to the year 2000, when the Ministry of Highways and Infrastructure (MHI) realigned and upgraded Centennial Drive, which at that time was still Highway 12 and under provincial jurisdiction. Improvements were also made to 4th Street South at that time.
Later, when the Highway 12 bypass was built, responsibility for Centennial Drive was turned over to the City of Martensville.
According to a report from the city administration to the July 11 council committee of the whole meeting, the property owners say the road grade of Centennial Drive and 4th Street South was raised by MHI, resulting in a situation where the property cannot drain properly. The property owners say this was a basic design flaw and have been attempting to get a resolution from the province for years, but MHI has consistently denied any liability.
Over the past two decades, the city administration has provided assistance to the property owners in their efforts to receive compensation from MHI. But discussions with MHI have now concluded.
“The property owners have indicated they are reluctant to pursue litigation against the City of Martensville, however their legal council has advised them that this may be their only option moving forward,” stated the city administration report.
A compromise agreement, pegged at $15,300, plus legal fees, which would see the city cover the cost of replacing three concrete sidewalk crossings on 4th Street South adjacent to the property has been proposed by the Gateway Plaza owners. Lowering the sidewalk crossings would allow surface water to drain onto 4th Street South, and alleviate the property owners’ concerns.
The Gateway Plaza owners are looking to pave the shopping mall’s parking lot, at their own expense, later this summer or early fall, and are hopeful the replacement of the three concrete sidewalk crossings could be done at the same time.
The cost of replacing the concrete sidewalk crossings was not included in this year’s city budget.
Martensville City Councillor Darren MacDonald said before agreeing to the deal, the city needs to ensure that the drainage problem is indeed caused by a flawed road grade design, and not simply from lack of maintenance of the parking lot itself. He also wanted confirmation that the property owner is agreeing to pave the entire parking lot, including a section that currently has a gravel surface, as well as the north portion of the lot.
“This is the owner’s chance to address those potential issues with the entire property,” said MacDonald. “We don’t want to set a precedent that could be held against the city in the future.”
Martensville City Councillor Tyson Chillog said the city also needs a guarantee from the property owners in the agreement that the parking lot will be paved within an acceptable time frame.