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Opinion: The City of Boulder goes after its own citizens … and loses!

As many of you already know, three Boulder citizens filed a lawsuit against the city over both the process and the substance of the city’s attempt in early March 2025 to sell $66 million worth of bonds to finance the ill-considered South Boulder Creek dam. The court ruled against the citizens. Then, in early July, the city filed a motion to go after these citizens for attorneys’ fees. But on Wednesday, Jan. 21, 2026, the judge ruled for the citizens and against the city. His excellent comments included the importance of preserving the citizens’ right to challenge the city’s actions (my words, not his). In the original lawsuit, the citizens alleged that the city (1) failed to follow the city charter in passing the bond issue at a single reading “by emergency” and (2) that the fees the city intended to charge calculated on “impervious surface” within the city were not legal to use to pay for the dam that, for the most part, would contain water coming from outside the city. In my opin...
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Opinion: The next steps toward a clean, resilient electric supply

·          The Boulder City Council, at the request of some members, has made its draft letter to Xcel even stronger. Good for them! I hope the council passed it last night. ·          I agree that Xcel needs to pay financial penalties for unnecessary and/or overly long shutdowns, and compensate businesses that are financially damaged and customers who suffer negative impacts. ·          But the question remains: What leverage, besides bailing out of the franchise, does the city really have to get Xcel to bring its grid up to snuff, both in terms of surviving the windstorms and providing cleaner, cheaper electricity? Local efforts to provide resilience hubs — more neighborhood-level solar-plus-batteries, etc. — are good angles to pursue. But they all run up against the difficulties associated with a century-old...
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Opinion: The critical focus for 2026: fixing our electric grid

We all have suffered, either directly or indirectly, from the failure of Xcel to provide us with a robust electric grid, one that can survive our windstorms, which are coming with increasing frequency and strength as our climate gets more extreme. And the Public Safety Power Shutoffs, which were conceived as emergency measures, are now apparently being viewed as standard procedure. The Boulder City Council is considering a letter to Xcel outlining the areas where it wants to see improvements. It accurately notes that Xcel has missed its 2022 and 2024 emissions milestones, made insufficient progress on fleet charging and other items, and, critically, keeps increasing our bills. Very significantly, the draft letter states, “we must address our community’s ongoing experience with electric reliability,” including the three Public Safety Power Shutoff events that had “inadequate coordination, unusable or overly broad outage maps, insufficient details to support emergency preparedness, and e...
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Opinion: Can we ever get reliable power from Xcel?

Last week’s windstorms showed how inadequate Xcel’s work on fixing our electric grid has been. Unless things change drastically, Boulder’s inevitable windstorms will continue to create recurring mini-disasters. Although the direction Xcel got in June from the Public Utilities Commission covered some transmission line work, overall it appears to be inadequate to fix what’s broken. Interestingly, the PUC’s latest communication, which can be found at tinyurl.com/55h2jccn, states, “The PUC received extensive public input following the 2024 event, much of it focusing on lack of notice, inadequate communication during the event, poor mapping of impacted areas and insufficient planning to identify and protect critical infrastructure and facilities.”  From my and many others’ observations, last week’s power shutoff maps Xcel supplied online were inaccurate and lacked timeliness. And the notifications we got came multiple times, but did not contain timely updates. It appears that the PUC’s ...
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Opinion: Thanks for being able to serve our community

It’s Thanksgiving week! I want to give thanks for being able to write this column and all the other opportunities I’ve had over the last 40-plus years to serve our Boulder community. My first political foray was in 1982, when I conceived Boulder’s solar access ordinance. This was way before I ever thought about running for the council. I had designed and helped build a few solar houses. And when I read about such ordinances elsewhere, it seemed like Boulder should also have one. I ended up working with Susan Osborne, then in the Planning Department, and later our mayor, on the concepts. And with help from then assistant city attorney Alan Boles, it got drafted and the council passed it. I was blown away — I could actually do something big that would make a positive difference to my community. That led to working at the Legislature, running for council, lots of other projects and eventually writing for the Daily Camera. As a kid, I hated listening to my parents talk politics. And my wor...
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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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