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Opinion: Fees and more fees – the insatiable quest for more money

The Boulder City Council majority is about to approve a charge on homeowners who build additions to pay for more affordable housing. As with other recent fee decisions, it means more money for the council without a citizen vote, since TABOR requires a vote on taxes, but not on fees. And again, the fee’s logic and legality are sketchy, in my opinion. Here’s my take: Per last year’s U.S. Supreme Court’s decision, all fees, including those legislatively enacted (i.e. generally applicable), should be able to meet the Nollan/Dolan case standards: (1) there must be a “rational nexus,” a logical connection between what the fee is being charged for and the impact the fee will pay to mitigate (the Nollan case), and (2) “rough proportionality,” a close equivalence between the cost being covered and the amount of the fee (the Dolan case). Last year, the council approved using stormwater fees to pay for the South Boulder Creek dam. These fees are calculated on the “impervious area” (the area t...
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Opinion: A job for the next council: improve our democracy

Winston Churchill once said, “Democracy is the worst form of government, except for all the others,” or words to that effect. But there is a wide range of forms of democracy — from what are, in effect, elected dictatorships, to those where direct democracy works in parallel with elected democracy. The Scandinavian countries’ democracies are rated best, along with Switzerland, and almost all have accessible processes for national and/or local initiatives. In Switzerland, citizen initiatives only require 100,000 signatures in a country of almost 9 million — slightly over 1% — and the signature gathering process is relatively simple. Also, Switzerland allows initiative votes up to four times per year. In Boulder, non-charter legislative initiatives require the signatures of 10% of the average number of voters in the last two municipal candidate elections. In 2023, over 33,000 people voted. This will likely increase substantially in 202...
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Opinion: Louisville citizens get to vote on their future. Why not us?

This election, Louisville citizens get two sterling opportunities to help set the direction of their city, courtesy of citizen initiatives. Ballot Measure 300 will help decide what happens in two relatively undeveloped areas, Redtail Ridge and the McCaslin Corridor. It would require at least 30% of any housing be affordable to persons earning at or below 80% of median income.  Thirty percent is stronger than Boulder’s requirement. It also eliminates Boulder’s loophole that allows developers to pay a fee instead, which requires matching funds from external sources (like tax breaks, etc.) to generate enough for the housing to be affordable. So, rather than increasing developer profits, the Louisville measure actually benefits the people who need affordable housing. Ballot Measure 301 expands Louisville’s current set of development impact fees to specifically include library, transportation, parks and trails, open space, recreation, emergency services and municipal buildings (along wi...
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Opinion: We desperately need new City Council members

Let’s start with the city budget. In the last 10 years, Boulder’s budget went up 85% — 39% after adjusting for inflation — mostly in the last 5-6 years. And we had almost no population growth. My first thought was that there must have been a backlog of capital projects to be done. But then a friend did an analysis of the city’s staffing levels. This is measured in “full-time equivalent” staff members, or FTEs. Here’s what he found: In 2019, Boulder had 1,252 FTE’s per 100,000 residents. In 2025, we had 1,493 FTE’s per 100,000. That’s an increase of 19% per capita in six years! And during that time, the city stopped running the library; that accounted for a decrease in need of approximately 78 FTEs. For comparison, Fort Collins has only about three-fourths as many FTEs per 100,000. Are our council members even aware of this massive increase in money spent and staff hired? For a test, some months ago, I sent my analysis to an apparently knowledgeable council member. After clarifyin...
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Opinion: Short-term rentals for Sundance, or more?

When the council decided to try to get the Sundance Film Festival to move to Boulder, there were obvious issues. One big one was that Boulder does not have the hotel and other lodging space of a resort community like Park City, Utah, where Sundance was located and grew for almost 50 years. But now we are faced with an ordinance that would allow a potentially massive increase in short-term rentals (STRs) to attempt to accommodate this influx. Here are the numbers: Per the Web, around 24,000 people attend the Sundance Film Festival from out of state. The staff memo says there are 2,900 hotel rooms in Boulder, with an additional 74,000 rooms within 40 miles. So, for additional STRs to make a difference in the number of people in-commuting to Sundance, we will need thousands more. Is that what you want for Boulder? The ordinance the council is considering allows many properties to become STRs for “festivals” by being issued special “festival lodging rental licenses.” This ordinance states ...
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Opinion: Will we have more uranium in our water?

I recently read about the Northern Colorado Water Conservancy District’s  discovery of uranium in the rocks in the just-completed Chimney Rock Reservoir .  For background, the Colorado-Big Thompson system (built by the Bureau of Reclamation) was started in the 1930s, some years after the 1922 Colorado River Compact was signed. The C-BT delivers water from the upper Colorado River to cities and farms in the northern Front Range, including Boulder. Much later, Northern built the much smaller Windy Gap reservoir on the Colorado, completed in 1985, which Boulder and other Front Range cities bought into. Windy Gap’s water rights are junior to the C-BT, which is junior to the Compact. Colorado River water constitutes about a third of Boulder’s supply. Northern apparently contemplated early on the idea of building a reservoir on the Front Range to store the water collected in Windy Gap and piped across the mountains. This led to the construction of...
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Opinion: Boulder’s water supply and climate change

From observing the recent city council discussions on water, I thought it would be useful to go over some of the basics. Boulder’s water comes from three sources: North Boulder Creek (the “Watershed” below Arapahoe Glacier), Middle Boulder Creek (flows into Barker Reservoir near Nederland), and the Colorado-Big Thompson project (from the Colorado River, includes Windy Gap reservoir). North Boulder Creek drains the east side of Arapahoe Peak; the water is stored in multiple small lakes/reservoirs within the Watershed. The water flows into the Betasso Pipeline, starting on the west side of the Peak-to-Peak Highway near Caribou Ranch, then to the Betasso Treatment Plant near Sugarloaf. Barker Reservoir water is piped to Koessler Lake, west of Green Mountain, and then down a pipeline to Boulder Canyon and up to the Betasso plant. Some of this water runs down to the hydro plant in Boulder Canyon. The C-BT water flows from the Colorado River headwa...
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Opinion: The need for more debate at council meeting

In my last Camera piece, I said, “If all it takes is the council similarly claiming something is an ’emergency,’ then the council could pass most anything ‘by emergency’ and avoid public hearings completely.” Well, the council did exactly that at their next opportunity, abusing Charter Section 17 by passing “by emergency” the new rules for council meetings’ start times and schedules. Almost every definition of “emergency” I’ve found requires an event to be “unexpected” or “sudden,” and “demanding immediate attention” to prevent loss of life, property, etc. But the situation with “open comment” has been a mess since the war in Gaza got going. And after well over a year of failed attempts to fix the situation, it is hardly “sudden” or “unexpected.” If it is so serious, why weren’t these new fixes proposed two weeks sooner? Or why not wait one more meeting and get some public input? All this raises the serious question of why the council doe...
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Opinion: Boulder going after citizens will not resolve South Boulder Creek flood issues

On July 1, the City of Boulder filed a motion in the lawsuit brought in early April by Boulder citizens regarding the bonding of the South Boulder Creek flood control dam. The City’s motion claims that the citizens’ lawsuit is “frivolous” and asks them to pay over $46,000 in attorneys’ fees. When I heard about this, I inquired of the city attorney, the mayor and councilmembers. The city attorney only said she “authorized the filing of the motion.” But councilmembers either didn’t respond or refused to even say whether they had discussed this with her. Apparently, no one wants to own what seems a blatant attempt to suppress citizens’ dissent. The fundamental legal issues in the citizens’ original lawsuit are clear, and in my opinion, the exact opposite of “frivolous.” Can the City charge fees based on the “impervious surface area” of people’s lots within the City to pay for this dam, when the floodwater being controlled comes (almost) totally from outside the city? Can the City pass the...
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Opinion: The importance of good communication, citizen involvement and discussion

In Sunday’s Camera, I noticed the huge disparity in information content between the City and County meetings announcements. The City’s had only four column-inches, versus the County, which had 20 column-inches. The City’s had date, time and name of board or commission, but zero content as to what the meeting was about. The County’s, in contrast, were very detailed. Then I noticed a line in the City’s ad, in small print, saying that an asterisk indicates that the complete agenda is in the Public Notice part of the classifieds. Three of the six boards’ names had asterisks, so I went to the Public Notice section and looked. But there was only one agenda; two were missing. One of the two missing ones was Open Space, so I went online and, after some searching, found that meeting’s agenda outline, but the individual items had no content. I dug further but was frustrated by a notice that I needed to allow cookies, but provided no way to allow them. My second try, using a different set of page...
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