After City Council’s decision yesterday to not pass Ald. Ric McIver’s motion to extend Race City’s lease, there was talk about losing the battle but winning the war.  For the race track’s supporters this is the correct attitude.  It’s not too late.  There is still much that can be done.

Another motion to extend the lease probably isn’t on the table.  Ald. McIver is allowed to re-present his motion in six months for Council, but by then it will be too late.  City administration will have spent plenty of taxpayers’ dollars on the assumption it will have access to the Race City property after March, 2010.  At that point it’s like stopping a run away train.  Council, even the other six who voted with Ald. McIver, will be hard pressed to stand in the administration’s way.

Art Mackenzie, Race City owner, must decide if he wants to sue the City over the lease.  Leases can be complex contractual agreements.  In this case, there have been several extensions, making the situation more convoluted.  According to Mr. Mackenzie, his City lease agents over the years have communicated with him verbally, so there may not be a paper trail to support his position. 

The City says Mr. Mackenzie never acted upon the lease extension that began in 2000.  Mr. Mackenzie says he did and that he has the paperwork to prove it.  That sounds like a court battle waiting to happen.  But legal wrangling is expensive and, thanks to the decision of City administrators to boot Race City in 2010, the business is suffering, leaving less revenue to hire lawyers.  An unintended consequence the City never considered, we are sure.

And Mr. Mackenzie may not have the stomach for a fight.  He says his personal inclination is to look for compromises, find win-win scenarios and negotiate with the City.  A legal war with City Hall is distasteful to him.  In the end he’ll do what is necessary, but he is not a man spoiling for a fight.

That leaves Ald. McIver and the motorsport community to carry on the public and political scrap.  Are they up for it?  Both parties say yes, but that was yesterday after the shock of defeat.  And there is some confusion as to what to do next.

Ald. McIver can do several things.

The first is to have the Race City issue removed from its current in camera status at City Hall.  SECN has argued that treating the entire issue as confidential was suspect from the start.  There have always been many facets of the issue that should have been open for public discussion.  Allowing the administration to hide behind the Freedom of Information Act did not serve the public purpose.  Openness and transparency should be the first priorities of any government.  Yes, some issues, such as discussion of the legal implications of the lease with Race City, should have been considered confidential. 

But there are many technical questions that could have been asked.  In fact, the entire dispute hinges on City administration’s contention that it needs Race City property to build storm water retention ponds for Shepard Landfill.  Where are the technical studies to back up this argument?  Are they technically sound?  Are there alternatives?  Did Waste Services and Recycling consider other options or did it just take the easy way out?

Second, in the very near future Ald. McIver should introduce a motion asking the administration to contract an independent feasibility study to assess the integration of storm water retention ponds with a re-designed road race course at Race City.  Mr. Mackenzie says he suggested this to Waste Services and they have not even given him the courtesy of a response.  The managers at Waste Services clearly have their own agenda and cannot be trusted to undertake an objective internal review.  Their blinkers are on and only explicit direction from Council can turn them from their present course.

According to Mr. Mackenzie other race tracks across the globe have integrated their operations with municipal requirements, like retention ponds.  In fact, Mr. Mackenzie says he is prepared to invest considerable resources to re-design the course to take advantage of the ponds.  The road course could be upgraded to host international races, allowing Race City to stage even more prestigious events. 

Clearly, a win-win scenario for both parties.  City Hall gets its ponds, Calgary motorsport fans would enjoy international caliber races and southeast Calgary businesses would benefit from the influx of fans and race teams. 

At the very least this option should be considered by Council.  And it should have a feasibility study prepared by a competent engineering firm on which to base its decision.  Waste Services can’t be trusted.

Ald. McIver should not delay his motion.  Time is wasting.

Lastly, the motorsport community must continue to lobby Council.  The integrated retention ponds and road course is the best bet for short-term action by the City, but Council will not be happy to have issue come before it again.  Chances are good that most aldermen thought Monday’s vote put an end to the issue.  Politicians don’t like controversies that linger in the public eye.  They will want the Race City issue to die a quiet death.

Motorsport fans must ensure that doesn’t happen.  They should phone or email Ald. McIver to support the idea of a motion asking for the feasibility study on the integrated retention ponds and road course.  They should phone or email their aldermen to ask that the Race City issue be removed from in camera and that City administrators, especially those in Waste Services, be required to answer media questions, including making public any technical studies that are relevant to the issue. 

SE Calgary News will continue to support Race City.  Comments from our readers suggest there is considerable public support for Mr. Mackenzie and his race track.  Most importantly, losing Race City would be a blow to motorsport fans, race teams, Calgary businesses that support racing and southeast businesses that benefit from the influx of tourists during racing season.  And not to be forgotten is the additional benefit of helping to keep street racing to a minimum.

There is much to be lost by the community if Race City loses this fight.  But also much to be gained if the City can be persuaded to compromise with Mr. Mackenzie and find a solution that benefits both parties.

Ald. McIver and the motorsport community, the ball is now in your court.

Related posts:

1. CITY HALL TRIES TO IMPOSE 3,000% RENT INCREASE ON RACE CITY…AND RELATED NONSENSE By Markham Hislop, Editor Has City Hall declared war on...
2. VIDEO: RACE CITY SURVIVES CITY COUNCIL VOTE, ALD. McIVER'S MOTION PASSES 8-7 Race City's popular Secret Street program will continue for another...

Related posts brought to you by Yet Another Related Posts Plugin.