Council Expected to Finalize Action for Initial “Local Control” Vote
Rick Langenberg
The possibility of the city of Cripple Creek gaining more local control and pursing its own destiny through adopting a home rule-style government is now in the hands of the citizens.
And with a growing rift between local cities and the state over the handling of land use matters in Colorado, the prospects appear promising for the home rule-bet to finally hit pay dirt, or at least get cast. But the real decision rests with Cripple Creek voters during a pivotal home-rule tally this November. According to political observers, the big unknown card deals with potential apathy or indifference toward an issue that has been actively discussed since Cripple Creek got gaming, but one that hasn’t advanced much “We have gotten some questions from residents who wonder why we are doing this,” admitted Councilman Cody Schwab.
But to date, the Schwab and his fellow council peers have definitely favored taking this route, based on comments made at public meetings. “We are really behind this,” stated Schwab, during the most recent home rule-based town hall.
However, this type of council support won’t be enough for home rule to net a winning wager.
“It is a community decision,” stressed City Administrator Frank Salvato, in a previous interview. “It is up to the citizens.”
But at the same time, he doesn’t see any real down sides to home rule. At the most recent town forum, Salvato cited two areas in which a home rule style of government would specifically help Cripple Creek. These are: The ability to crack down against operators and owners of dilapidated, vacant buildings in the main historic core of town; and a better way to work with the casino industry in tabulating device fee revenue. Both of these issues have generated much frustration with the city’s hands being hamstrung in developing reasonable solutions that most community and business leaders support.
However, Salvato cautioned that home rule would take a strong community commitment for a town with limited resources.
“It really is about public education,” said Geoff Wilson, a Colorado attorney and certified expert on the issue of home rule. “Public ignorance is really the main hurdle you will have to deal with.”
Wilson, a partner of the Wilson Williams Fellman Dittman firm, conducted the final public meeting on the topic recently at the Butte Theater. Besides outlining the various time deadlines involved in the process, he urged citizens and leaders to maintain strong community engagement, if they go down this path. If voters favor this approach and a home rule commission is formed, he stressed the importance of having at least two public hearings during the process of compiling a town charter.
This week, the Cripple Creek City Council is expected to take final action on an ordinance that sets the stage for a vote this November to determine whether citizens want to form a home rule commission for the purpose of drafting a home rule charter. If that verdict is “yes,” then voters will decide on nine at-large charter members. Candidates receiving the most tallies will get appointed to the commission.
Then, the commission has a set time line for adopting a charter. A subsequent vote on the proposed charter occurs in 2026.
Town Halls Outline Home Rule Details
The city has conducted several town halls on the subject. For the most part, these forums generated more ‘yeas’ than ‘nays’ about home rule. But they have not attracted large crowds. Schwab and other leaders, who have attended these meetings, though, say these forums have resulted in some home rule skeptics changing their stance.
But at a recent council meeting, Salvato cited definite concerns with false perceptions about home rule. More specifically, he noted that home rule does not give the elected leaders more power to raise taxes. “That is not what home rule is about,” said Salvato.
Other perceived concerns deal with the possibility of giving city council members too much power. But again, Salvato noted that local elected leaders can easily be removed through a vote, or even a recall, while citizens have little flexibility in dealing with laws passed by the state legislature.
The growing conflict between cities in Colorado and the state government is one driving push behind the home rule movement throughout the state.
The state’s mandates toward housing, gun control and green technology are raising many red flags, especially in rural areas.
A number of cities in the Front Range have recently filed a lawsuit against the state pertaining to the rights of home rule cities being challenged. This legal action deals with the state’s new mandates regarding housing initiatives that have concluded with a stern message by Governor Jarid Polis: Follow our guidelines for denser housing requirements, or face fines.
This is another political reason why some leaders say it’s time for Cripple Creek to join the home rule band wagon. In fact, the city is one of the few Colorado tourism and entertainment-based towns, boasting a population of 1,000-plus, that isn’t home rule. “We are definitely in the minority,” admitted Mayor Annie Durham, who expressed much surprise over the number of cities that have a home-rule designation.
“We get the benefit of the big cities (which are home rule),” said the city administrator at the final home rule town hall.
Salvato got the attention of meeting-goers at the Butte when he mentioned that with a home rule government, the city could finally do something about fixing its current problem with deteriorating commercial buildings in the main core of town. Some of these have reportedly been purchased by individuals who are awaiting unrealistic price offers from future casino owners. As a result, these properties sit idle and rot away, giving Cripple Creek a horrific image, according to city officials.
Plus, Salvato indicated that the city could get more creative in the handling of gaming device fee revenue, the main money source that funds the city government operations. With home rule, Salvato stated that the city could pursue a revenue stream, based more on adjusted gross proceeds. Under this system, when the casinos prosper, so does the city, and vice versa. “We are on the same boat together,” said the city administrator.
The disadvantage of the current system is that if a major catastrophe strikes, such as the COVID pandemic of five years, ago, the city could take a major hit and never really recover financially. This is exactly what happened to Cripple Creek during COVID and in the aftermath of the pandemic, as it lost approximately 25 percent in device fee revenue, as casinos were forced to do more with less games in the wake of COVID.
The first big home rule test comes during the general election in November.
