Hello,
This is my contribution for Citizen's Discussion at Tuesday's City Council meeting:
Good morning,
During the public comment process for the land swap I asked for the estimated cost of the needed repairs to the section of the Barr Trail that the City wanted to acquire. I asked the same question many times.
I specifically asked if those costs were considered when the Broadmoor's appraisal was prepared.
I spoke in person before the City Council, and at public meetings.
I repeatedly sent emails to the Mayor and the City Council.
I sent at least one email to the City Attorney.
All of this is documented on my “COS Land Swap” Facebook page.
The City of Manitou Springs leases the Barr Trail parking lot from CSU. They are required to spend some of the revenue from the parking fees to make repairs to the Barr Trail.
Does the City claim that they were not aware of that?
RMFI had already done over a hundred thousand dollars of work on that land at the time of the public comment process.
If the City was not aware of this it would mean that the public comment process was incomplete, and legally inadequate.
At best the public comment process is invalid because the City failed to provide relevant financial information.
I posed a specific challenge to the validity of the appraisal that was submitted by the Broadmoor.
The City could not legally approve the land swap without addressing the issue that I had raised.
That issue does not go away, you have a legal obligation to address my challenge to that appraisal today.
During the public comment process the City said that they were concerned that if the Cog Railway was ever sold the new owner would be able to close the Barr Trail.
Why would anyone want to close the Barr Trail?
The Barr Trail is a National Recreation Trail, and I doubt that anyone could legally keep it closed.
However, a new owner of the Cog Railway would have had a revocable license for the Manitou Incline, and could have easily closed the Incline permanently.
The Incline, was a parking and traffic nightmare, there was much more justification to close the Incline than the Barr Trail.
Why did the City not mention this more likely scenario?
Had the City become aware of some legal flaw in the Incline?
If the City was aware of some problem with the Incline they would have been legally obligated to disclose this to the public.
Did the City conspire to gain ownership of the revocable license that was owned by the Cog Railway, but deceive the public about their motives?
The City was claiming to have great concern and respect for the Barr Trail.
They have owned the first two and one quarter miles of the Barr Trail for over four years, and they are showing a complete disrespect for its condition.
On the Summit the City claims to be “Proud Stewards of America's Mountain”.
Great! How much will it cost to fix the drainage problems and erosion damage on the part of America's Mountain that you own?
The City is legally obligated to disclose to the public all known flaws in the land swap, and the Manitou Incline.
Thank you, Carl Strow