Hello,
I am forwarding this disturbing email that I just received from Save Cheyenne. Like the City they now deserve to be exposed publicly for their disgraceful actions. Is there collusion between the City and Save Cheyenne?
Thank you, Carl Strow
Sent from Mailbird
------ Forwarded Message --------
From: Save Cheyenne <savecheyennemountain@gmail.com>
Date: 2/13/2020 4:48:18 PM
Subject: Re: Please Answer My Questions About the Land Swap
To: Carl Strow <cstrow539@hotmail.com>
Cc: John Suthers <jsuthers@springsgov.com>, allCouncil@springsgov.com <allcouncil@springsgov.com>, jgraham@comsgov.com, citycouncil@comsgov.com, krdo <krdonews@krdo.com>, koaa <news@koaa.com>, kktv <news@kktv.com>, fox <news@fox21news.com>, citydesk@gazette.com, news@csindy.com
Dear Mr. Strow,
We applaud your perseverance in trying to get answers to your questions. While we do not agree with everything nor do we follow some of the questions, we want to offer a few comments and corrections to your email. We have added back in the colored text so that it is clearer who is speaking. Blue is City's responses to your questions. Maroon is our additional comments.
First correction: Richard Skorman did not found Save Cheyenne. Save Cheyenne was founded by Kathy Meinig and Dana Duggan; it mushroomed to a large group who opposed the Broadmoor's attempt to close W Cheyenne Mountain Blvd to expand the golf course for PGA tournaments. Fire safety was of paramount concern to the community, and after about 6 months of numerous meetings, the attempt was abandoned. Several months after Save Cheyenne began questioning the BLE (with lots of local news coverage), Richard Skorman approached Save Cheyenne and asked to join the board and be a spokesperson. We had a former local television news anchor as our spokesperson at the time who, eventually and graciously, bowed out to allow Mr. Skorman to own the spotlight.
The questions or comments we offer are merely for clarification from our understanding of issues you raised. We are of the opinion that there is nothing more that can be done besides changing the elected officials and, for this case, reversing Home Rule. We do, however, encourage the press to closely monitor the PK Zoning of Strawberry. It is curious to many that, though the Broadmoor convention expansion has been constructed in lickety split time, something as simple as two picnic barns and a small horseback riding stable has not. We find that odd. Based upon a conversation with the planning department during the Appeal of Convention Center expansion, we are under the impression that the PK Zoning of Strawberry is being controlled by the Parks Board and is skipping the Planning Department as is customarily the case. A bit of bafflement was expressed by the Planning Department as to why this is the case. It seems like this is a bit more challenging to monitor as one has to see the issue pop up on a Parks Board agenda which, historically, has proven to be ineffective at monitoring new developments (i.e. the BLE exchange, itself which we now know far predated the first announcement positioned as exploratory back in Jan of 2016 with the highly sought after appraisals being conducted the year before).
Warmest regards,
Save Cheyenne
On Wed, Feb 12, 2020 at 6:59 AM Carl Strow <cstrow539@hotmail.com> wrote:
Hello,
At the City Council meeting on September 10th 2019 President Richard Skorman told me that my questions about the land swap have already been answered. Since then I have sent repeated emails to the City Council and the Mayor's Office asking if they stand by that claim. They refuse to so much as answer.
Mr Skorman lied. I asked that the City disclose the details to the cost of the needed repairs to the section of the Barr Trail that we own. I asked for the cost of each specific category of repair that is needed. Britt Haley of our Parks Dept told me last summer that RMFI has communicated with the city on this subject.
As City Council President and the founder of Save Cheyenne Mr Skorman has to tell us the truth. He may not orchestrate a cover up of the flaws in the land swap. I have fought to get the truth out on this issue for years, Mr Skorman is seeking to put an end to my activism on this subject.
That crosses a line. He sat quietly listening to my comments at many, many meetings. I was shocked that he did nothing to act on the facts I presented before him. Now he is lying to the public, and obstructing the just process that has to reverse the land swap that he once claimed to oppose.
I am calling on the media to pressure Mr Skorman. If we allow this to stand, the public will have no right to oversight on city officials, and we will have given them permission to abandon all accountability. If Mr Skorman will not answer my questions honestly he should be exposed publicly and have to resign.
I include a copy of the email that Mr Skorman claims contains the answers to my questions below.
Thank you, Carl Strow
https://www.change.org/p/force-colorado-springs-to-repair-the-barr-trail
------ Forwarded Message --------
From: Haley, Britt I <britt.haley@coloradosprings.gov>
Date: 6/13/2019 5:09:22 PM
Subject: RE: Land Swap
To: Murray, Bill <bill.murray@coloradosprings.gov>, cstrow539@hotmail.com<cstrow539@hotmail.com>
Cc: Palus, Karen <karen.palus@coloradosprings.gov>, Schroeder, Kurt <kurt.schroeder@coloradosprings.gov>
Hello Councilman Murray:
Thank you for sending the questions from Mr. Strow to our office for response. Please find our responses to Mr. Strow’s questions in blue below. I am copying Mr. Strow as well.
Regards,
Britt Haley
Britt I. Haley CPRP
Parks Design and Development Manager / TOPS Program Manager
City of Colorado Springs Parks, Recreation and Cultural Services
1401 Recreation Way
Colorado Springs, CO 80905
Office: 719-385-6530
Email: britt.haley@springsgov.com
cid:image001.png@01D4E486.AE796950
From: Carl Strow [mailto:cstrow539@hotmail.com]
Sent: Tuesday, June 11, 2019 7:31 AM
To: Suthers, John; allCouncil@springsgov.com; kjaray@comsgov.com;citycouncil@comsgov.com; save cheyenne; krdo; koaa; kktv; fox;citydesk@gazette.com; news@csindy.com
Subject: Land Swap
CAUTION! - External Email. Malware is most commonly spread through unknown email attachments and links. DO NOT open attachments or click links from unknown senders or unexpected email!
Hello,
Here are my comments for the City Council today:
Good afternoon,
Did the City learn during the public comment process that the appraisal submitted by the Broadmoor for the land swap was flawed?
Parks Dept. answer:
The City does not agree with your premise.
Save Cheyenne comments:
Why did Mayor Suthers stand before council and argue to ignore the appraisals? Why was the appraiser sanctioned by the Board of Real Estate Appraisers? Why did the City Attorney also argue that council members could ignore the appraisals? Why were at least 4 CORAs filed to see the appraisals, and a lawsuit had to be filed to get the appraisals when, in Jones Park, for example, they were freely disclosed months before the council vote?
My statement:
Why did the City remove mention of these repairs from their presentations after the meeting of February 24th 2016?
Parks Dept answer:
It is nearly impossible to identify from the question what presentations you are referencing. With regard to the Broadmoor land exchange presentations, subsequent presentations focused on other issues pertinent to the subject being presented at the particular time.
My comment:
Why does the City refuse to even mention the repairs to this day?
Parks Dept. answer:
The City is more than willing to discuss repair and maintenance issues related to the Manitou Incline and has never hesitated to do so.
Save Cheyenne comment:
During the Broadmoor Land Exchange, numerous people, in writing, asked for specific costs as well as engineering reports on the Manitou Incline costs, and there was not only great hesitation, but many of those questions went unanswered.
My comment:
If members of this Council have learned that the land swap is legally flawed, you are each required by law to disclose this fact to the public.
Parks Dept. answer:
The City disagrees with your premise. The Colorado Supreme Court has determined that the Broadmoor land exchange was lawful. Based upon the fact that the Save Cheyenne organization took the issue of the land trade through the court system and the courts found nothing illegal about the trade, we would submit that the trade had no legal shortcomings.
Save Cheyenne comment:
Courts rule based upon arguments presented. The outcome of the court case only proved that, based upon the arguments presented, the court could find no legal basis to deny the exchange. Without question, Home Rule proved to be a significant hurdle which the voters should correct to avoid the will of the people being thwarted by a handful of elected officials.
My comment:
If the City is claiming that they have not looked into the cost of these repairs, you should know that such a claim is not believable.
Parks Dept. answer:
The City was well aware of the repair and maintenance issues associated with the Manitou Incline at the time of adoption of the agreements which served to legalize the trail and has taken the appropriate steps to address those issues.
My comment:
I asked and asked during the public comment process about the cost of the needed repairs on the land we were acquiring. If you are buying a used car and it needs engine work, do you not learn the cost of the repairs before purchasing the car?
Parks Dept. answer:
The City of Colorado Springs was responsible via intergovernmental agreement to conduct repairs on the Manitou Incline well before the land exchange occurred. The land that was acquired under the land exchange agreement did not affect those Manitou Incline maintenance and repair costs. It was always anticipated that the cost to repair the Manitou Incline would be significant. In as much that both City Councils were actively promoting legalization, until the legalization agreements were completed it would not have been prudent to have invested in the engineering investigation to determine those costs. That investigation was completed post legalization and the repairs were accomplished primarily through grants.
Save Cheyenne comment:
The City has been asked about the enormous costs, in perpetuity, of the Incline. It was shocking to many that there was no engineering study completed prior to the BLE even being proposed much less during the process. Still no answers have been provided regarding the inevitable failure of the replaced pressurized railroad ties which are the structural foundation to the Incline. The science is that those railroad ties are pressurized wood which has about a 20 year lifespan and will need to be replaced. They are nailed into the rock underneath to secure them. Water gets into the holes the nails create and freezes expanding which causes cracks in the rock foundation (some can become quite large). So, the Incline will literally have to be moved over to accommodate for new holes every 20 years or so. That's an incredibly costly endeavor...every 20 years, we spend millions moving the Incline? This is why an engineering study prior to even considering it should have been done and is both customary and prudent real estate transaction practice. Correction: based upon additional research just completed, it appears that there was an engineering study commissioned by the City and involved Parks employees (see below). Why was this not disclosed when it was repeatedly asked for? Was it to avoid the outrage it would create when the scope of the costs were revealed? What is still missing, however, is the 20 year replacement costs which will cost millions, in perpetuity.
My comment:
I spoke at public meetings. I spoke before this Council. I sent emails to the Mayor, the City Attorney, and to this Council. Karen Palus and Jack Damioli both heard me speak on more than one occasion. The claim that the City did not investigate this question before approving the land swap is not believable.
Parks Dept. answer:
The Department is unsure what question you are saying that was not investigated nor who may have claimed this. Please clarify. However, legalization of the Manitou Incline occurred years before the land swap was ever contemplated.
My comment:
Why is the City of Manitou Springs spending their own money to do repairs on the land that Colorado Springs now owns? When do they estimate that all repairs will be completed? What do they estimate the total cost of the needed repairs to be?
Parks Dept. answer:
The City of Manitou Springs has put $35,000 into the repairs of the Manitou Incline. They have put dollars into the maintenance of the Barr Trail. Their participation in Barr Trail and Manitou Incline maintenance was anticipated and discussed through the development of the master and management plan and identified in the license agreement they have with Colorado Springs Utilities for the management of the Barr Trail parking lot.
Save Cheyenne comment:
Exactly how is the Barr Trail still included in the Crags Colorado Land Exchange (it was also included in the CLE and the BLE at the same time!)? The Crags Amendment did not pass prior to the BLE and was just reintroduced again (been trying to pass it for years), on 1/9/2019 by sponsor GOP House Representative Lamborn. The current status is that it is sitting in the House subcommittee on National Parks & Public Lands waiting for review. The Crags Colorado Land Exchange was primarily to allow the Broadmoor to swap Crags land with Emerald Valley land so they could stop leasing and own the Emerald Valley land where they operate a high end hotel, Emerald Valley Ranch. The Barr Trail was but a small pork belly addition to that bill which legal experts felt was horribly written.
My comment:
When do they estimate that all repairs will be completed?
Repairs on the Manitou Incline have been completed.
Save Cheyenne comment:
The maintenance for any kind of infrastructure is ongoing. The cost of this can be variable depending on use, weather impacts, etc.
My comment:
What do they estimate the total cost of the needed repairs to be?
Parks Dept. answer:
Repairs to the Manitou Incline cost approximately $4,000,000 with the overwhelming majority of funding coming in the form of grants. Annual routine maintenance costs are very low due to the involvement of the Friends of the Manitou Incline. Rocky Mountain Field Institute (RMFI) estimates annual maintenance to the section of Barr Trail impacted by Incline return traffic to be approximately $40,000.
Save Cheyenne comment:
Incline repairs were reported as $5,000,000. Which is it, $4,000,000 or $5,000,000? Who will be ponying up the millions every 20 years (see above)? The Incline exists due to a rock slide which forced the Cog to move...it will forever be a problem due to the laws of physics and mother nature.
My comment:
Historically, has the City of Manitou Springs been pushed around or taken advantage of? Did the Broadmoor cross the line in obtaining tax breaks from them for the work being done on the Cog Railway? I email my comments to them, why have they not spoken up about the cost of future repairs on the Barr Trail? Have they been discouraged from telling what they know?
Parks Dept. answer:
These are all questions that would be most appropriately addressed to the City of Manitou Springs.
My comment:
Is it true that the original motivation for the land swap was to protect the Manitou Incline? No. My understanding is that the Federal Government never wanted the Incline to become legal, they preferred that it be shut down instead.
Parks Dept. answer:
Legalization of the Manitou Incline as a trail took a bi-partisan bill before Congress sponsored by Representative Lamborn (R) and Senator Bennett (D) and signed by President Obama. This is indicative of the federal government’s support of its legalization.
Save Cheyenne comment:
It was not co-sponsored. GOP House Rep Lamborn sponsored the bill. Senator Bennett presented it to the Senate. The bill was to over-rule the right of way passage that railroads have. It was not an endorsement of legalization. We just researched this issue, again, as we thought you were referring to the Crags Land Exchange. What we stumbled upon, however, is that there was an engineering study done (back in 2012, see Engineering Study towards the bottom of the page of the link) commissioned by the City of Colorado Springs. We were shocked by this news. Why was this not produced when numerous people not only emailed Parks asking for an engineering study but also filed CORA requests asking for it?