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Opinion: Can Polis and the Legislature tell Home Rule cities how to run their communities?

Note: This column has been updated to reflect that six cities are a part of the lawsuit against the state to protect local authority. A key story in Monday’s Camera was about Lafayette having joined Aurora, Arvada, Glendale, Greenwood Village, and Westminster in a critically important lawsuit that will decide whether home rule cities, including Boulder, get to determine their own land use, or if the Legislature and governor can dictate how to zone and manage our cities. I’ve put a fair amount of time into researching this issue; here’s what I’ve found to date: The Colorado Constitution allows cities to become “home rule” and in effect, self-governing by the citizens passing a charter defining their form of government, with certain basic structural rules. Article XX, Sec.6 provides that the laws of home rule cities “supersede … any state law in conflict therewith.” The case law refining this system started in the late 1800s on topics relevant to all cities, like how courts operated. The...
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Opinion: Boulder’s ‘new experiment in democracy’ is off to a shaky start

The first meeting of the group of 48 volunteers to discuss “15-minute neighborhoods” was Saturday, May 10. According to one of the many pages on the city’s website devoted to this subject, “15-minute neighborhoods are neighborhoods where daily goods, services and transit are within a 15-minute walk (about a 1/4 mile) of where people live or work.” Unfortunately, because much of the city’s material comes across as being biased towards establishing these neighborhoods (which require massive densification of most residential areas), the people who volunteered were possibly biased toward that outcome. But the rest of us will not know, and have no way to determine, the extent of such bias in this process, because the meetings’ locations, names of participants, agendas and materials are secret. So, those of us who were not among the chosen cannot attend these “Citizen Assembly” meetings even as observers. I think that is terrible. A process this consequential should be done openly! The argum...
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Opinion: The Legislature is trying to end TABOR without putting it on the ballot

I was surprised by a recent move in our Legislature by some Democrats who are pursuing House Joint Resolution 25-1023. This resolution, if passed by both houses, would initiate a lawsuit in state court to invalidate Article X, Section 20, of our state constitution, commonly known as TABOR. Their objective apparently is to disempower our ability to vote on state-level tax increases, a power that we voted for ourselves over three decades ago. They want to do this without having to put it on the ballot so we get the final say. The politicians’ position is based on the U.S. Constitution’s Article IV, the “Guarantee Clause,” which requires that states have “a Republican Form of Government.” Their argument is that this does not include “direct democracy,” like citizen-sponsored initiatives. Although the resolution specifically targets TABOR, this could end up being applied to other direct democracy votes, because the arguments would be the same. My first research was to look at which states ...
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Opinion: A better way to address flooding in South Boulder

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Flooding in Boulder will get worse as climate change increases storm intensity and frequency. Thus, making good decisions about flood protection is critical; they should be based on facts, not speculation or defensiveness about past decisions. The assertion being made that the dam and floodwall currently proposed for South Boulder Creek will be “lifesaving” is a good sound bite. But it is not supported by the facts: No one died in South Boulder during the 2013 floods; the only deaths in or near the city were two people descending a flooded road in the North Boulder foothills. U.S. 36 is frequently closed by snowstorms and will flood anyway in storms larger than the dam is designed for. Boulder Community Hospital is accessible by many other routes. And the city can purchase a few high-water 4WD vehicles for emergency evacuations by first responders. The City’s 2014 flood survey shows that the proposed dam and floodwall will only address a fraction of the flooding damage in South Boulder...
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Opinion: Paying for a flawed dam with fees versus taxes

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A few weeks ago, the council authorized “by emergency” a $66 million dollar bond issue to cover (some of) the remaining costs of its attempts to protect downstream properties when South Boulder Creek floods again. SBC has had major floods in the past, including in 1893, 1934 and 1969. The City has a map of what buildings would and would not be “protected” by the proposed Phase 1 dam from a “100-year” flood. It shows that, in spite of the dam, a huge number of buildings will still be vulnerable to SBC flooding. Buildings/Removed Buildings in the S. Boulder Creek 100yr Floodplain proposed Project. (Photo credit / The City of Boulder) The Phase 2 and Phase 3 projects that are supposed to protect these buildings are not yet defined nor are there cost numbers, that I can find. Additionally, there is flooding from other sources, like Viele Channel and Anderson Ditch, that the dam won’t control at all. Also, I’ve been told that the City has none of the necessary regulatory body approvals for ...
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Opinion: Adventures in finding the flood numbers

In my last column, I provided some information that was inaccurate. Unfortunately, the real information is worse. I had said that the proposed South Boulder Creek dam along U.S. 36 and Table Mesa Drive would “protect” around 600 structures for a cost of around $90 million.  The 1/25/24 council memo states that 600 structures are in that floodplain and that the South Boulder Creek Flood Mitigation Project will protect only 260 of them from a 100-year flood. If 260 structures are “protected,” then that leaves 340 “unprotected.” Redoing the math, the $90,000,000 estimated cost figure I used divided by 260 structures is almost $350,000 per structure, over a third of a million dollars! I immediately communicated this much larger number to the City Council, figuring that the shock might stir some serious rethinking. I did not receive a single reply. I also made a request under the Colorado Open Records Act (CORA) for “the most recent detailed updated cost estimate for the project” (along...
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Opinion: ’15-minute’ neighborhoods, parking minimums and flood control money

I just read an excellent paper called  “The Questionable Economics of the 15-Minute City”  by Rachel Meltzer, a professor of planning and urban economics at Harvard. To quote her, “The economics of the 15-minute city don’t really work.” Her analysis points out that any kind of establishment, whether it is a supermarket or an urgent care clinic, has fixed costs. So, the “catchment area” needs to be big enough to have enough customers to cover those costs. Also, many stores have become bigger and contain a wider variety of goods than 20 or 50 years ago. Thus, any given area is now served by fewer stores with more goods per store. Looking at Boulder, we see these economics at work. For example, we have about 10 grocery stores, and over the last years, we’ve had two supermarkets close and a couple of new ones open, that I can think of. And they are mostly distributed geographically. So, even with all the planned growth in East Bo...
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Opinion: Truths, half-truths and other forms of what is called ‘communication’

Earlier this year, the February 6 city council agenda provided notice for Boulder’s first executive session with the opaque explanation: “pursuant to CRS 24-6-402(4)(b) for conference with attorneys for the City for the purpose of receiving legal advice on specific legal questions regarding meeting management and the First Amendment.” This behind-closed-door session was actually about how the council was finally going to wrest control of its meetings back from the protesters, after a year-plus of almost constant disruptions. I’m happy to see this finally happening, though, in my opinion, it did not require instituting executive sessions, which I don’t support because their privacy encourages bad behavior and deal cutting. Colorado statute 24-6-402(4) states that the public notice of an executive session requires “identification of the particular matter to be discussed in as much detail as possible without compromising the purpose for which the executive...
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Opinion: The Xcel franchise, the Valmont coal ash cleanup and a clarification

As many of you know, the city’s 2020 Franchise Agreement with Xcel grants Xcel exclusive rights to deliver electricity in Boulder for 20 years. But Xcel also agreed to give Boulder the right to exit the franchise every five years. This year, 2025, is the first opportunity. The money for undergrounding powerlines, which Xcel denied Boulder during the 10 years we were out of franchise, has been committed for that purpose. So that concern is resolved. And the Legislature finally clarified existing state law guaranteeing equal treatment for all customers to ensure that all Xcel-served areas get undergrounding money, whether in franchise or not. According to all reports I’ve received, the Xcel-Boulder advisory panel, created as part of the 2020 settlement with Xcel, has not produced much of consequence. Thus, there is a significant level of dissatisfaction with what Boulder has gotten, and some enthusiasm for pursuing an alternate path. This dissatisfaction was strongly amplified by Xcel’s ...
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Opinion: The Roman Colosseum approach to selling densification

I was reading last Sunday’s Camera and came across the City of Boulder’s public meeting schedule. It announced two Saturday events, at 7:00 p.m. on Jan. 25 at the library and at 2:00 p.m. on Feb. 08 at the council chambers. They’re called “You’re Invited to Shape Boulder’s Future Through Storytelling,” and described as follows: “Join the City of Boulder, Boulder County, and Motus Playback Theater … for a dynamic event where your stories help shape the Boulder Valley Comprehensive Plan update through interactive theatrical performance.” The link to the city’s website provided this info: “BOLDER. BOULDER. BETTER. With Motus Playback Theater. Join Motus Playback Theater, Boulder County and the City of Boulder for a fun and engaging event where your vision for Boulder comes to life on stage! Share your story or reflection about what matters most to you, and watch professional actors transform it into a theatrical performance with movement, music and spoken word.” But I found zero info on h...
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