If the City of Moose Jaw can fix other bridges damaged by floodwaters promptly, then why can’t it fix the Seventh Avenue Southwest Bridge just as efficiently?
That’s one issue lawyer David Chow has raised in an analysis of why the City of Moose Jaw has an obligation and duty to restore vehicle access over that bridge. Chow is representing the Avery and Thorn families in their fight to have city hall repair or replace the bridge so they can access their properties near the Valley View Centre (VVC) complex.
Other issues that Chow raised about why the municipality should fix the bridge include future development near the VVC property, the availability of provincial funding, and a property subdivision application from Jim Thorn asking for an easement to access his property.
The Moose Jaw Express is chronicling the families’ struggles with city hall over the closure of the Seventh Avenue Southwest Bridge by running a multi-part series on this situation. This article is part 6 in the series.
Click here for part 1, here for part 2, here for part 3 and here for part 4, and here for part 5.
Other bridge replacements
There are two other bridges that floodwaters and ice damaged that the municipality replaced without dragging its feet, Chow pointed out.
City hall replaced the Blackfoot Bridge in 1999 after it was damaged. The bridge provides access for two residences to the south of the bridge and some group recreational areas.
The Blackfoot Bridge is located past the Burger Cabin.
Meanwhile, the municipality replaced the Corstorphine Bridge in 2003 after floods damaged that structure. The bridge serves as access to about five residences but not to any collective or group recreational areas for the public.
The Corstorphine Bridge is located near the intersection of Corstorphine Avenue East and Fairford Street East.
Future development
The City of Moose Jaw should want to encourage the development of residential or commercial development on the former VVC property, Chow continued. Development would mean new and exciting opportunities for the municipality and result in tax dollars and employment, along with other spinoff benefits.
During a meeting between municipal officials and Chow and his clients, officials mentioned that a project consultant had discussed potential funding for the construction of an Aboriginal interpretive centre in the old Wild Animal Park, now known as Tatawaw Park. That presentation is said to have occurred before the closure of the bridge.
It’s unknown if funding is still available for this initiative; however, it’s reasonable to assume that the city wouldn’t invest money in that park without some form of vehicle access, said Chow. The only way to access the park is on foot, by parking illegally on the side of Ninth Avenue Southwest, or by walking across the barricaded bridge.
Wakamow Valley Authority is also investing in the same area with the intent of having residents access an eco-park, he continued. However, the authority has no way to legally access its new eco-park with mowers or other maintenance equipment.
Provincial funding
The province announced on May 6 that it would provide $150 million in funding through the Municipal Economic Enhancement Program (MEEP) for infrastructure projects.
Chow and the families were hopeful that city hall might use some of the $4.8 million that Moose Jaw received to repair or replace the bridge. Chow even sent a letter on May 13 to city solicitor/city clerk Myron Gulka-Tiechko about the issue.
During the June 15 regular meeting, city administration put forward a report that listed six projects that MEEP could support; the Seventh Avenue Southwest Bridge was not on the list. However, city council tabled that report to the June 29 meeting, so it’s possible the list could be updated to include the bridge.
Subdivision application
Through Sunflower Developments, Jim Thorn submitted a property subdivision application to city hall that asked for physical and subdivided legal access between his property near Seventh Avenue Southwest and Valley View Centre. This would connect his property to that street.
City council reviewed the application in April, Chow said. However, city administration has used the subdivision application to leverage the provincial government to supply access to Seventh Avenue Southwest through the VVC property by way of a formal easement.
The province has said it is not interested in providing a formal easement over the property.
“City administration has indicated that the requested subdivision cannot be granted because there is no ‘physical’ access,” Chow said. “It is inappropriate to delay or deny the subdivision application on such grounds when, for the last five years, it is the City of Moose Jaw that has neglected to restore physical access over the legal access roadway of the Seventh Avenue Southwest Bridge.”
This series will continue.
