Cripple Creek Voters to Decide Fate of Home-Rule Designation

Council Appoints First-Ever CC Main Street Board

Rick Langenberg

It’s now official.

Cripple Creek voters will decide this November whether to join most cities in Colorado in waving a home-rule banner and crafting its own mini-constitution.

With strong support from the city council, the town’s elected leaders recently approved the final reading of an ordinance that sets the wheels in motion for a vote at its next regular election (slated for Nov. 4) on whether the city should form a home rule charter committee. If the “yeas” win the day, then voters will also pick nine members to serve on this panel. The proposed representatives who get the most tallies will become part of the city’s first-ever home rule charter group.

Nine representatives must get named to serve on the charter committee.

If the home rule movement progresses, then the real work starts after election day as the charter group has a tight deadline for setting its first meeting and in developing an actual home rule charter.

If most voters say no to the idea of a charter committee, then the effort dies on Nov. 4.

Although the council can’t collectively lobby for home rule, most elected leaders have been quite vocal in their support for the idea, referred to as a push for local control.

As he has in past meetings, Cripple Creek City Administrator Frank Salvato, who has been involved with a variety of cities doing home rule in Texas, didn’t hesitate in expressing the advantages of this setup, at the council’s July 2 session. Moreover, he warned the council about the handcuffs imposed on the city under a statutory government, especially with a state legislature that loves to pass new laws and regulations.

He stressed that citizens would have a much better chance of conveying their views on issues of concern before a local elected body, then changing the minds of state lawmakers.  And if they don’t like what their council members are doing, they can vote them out of office, noted Salvato. “It is about local control…Under a statutory government, you have no control.”

Salvato, similar to the concerns echoed by the county commissioners and other elected officials, has raised a red flag over a state legislature that passes 600-plus bills a year, a number of which have negative consequences for small communities, such as Cripple Creek, and don’t take into consideration the views of local residents. And with a home-rule banner, Salvator noted that the city could ride on the coattails of other larger home rule municipalities that are currently fighting hefty legal battles with the state over local rights. “You don’t have to fight the battle,” said the city administrator.

Currently, a number of larger municipalities are legally challenging the state over certain mandates that take away local home rule rights regarding land use matters, such as affordable housing requirements.

Mayor Annie Durham agreed that home rule could amount to a big win for Cripple Creek.  At the same time, she cautioned that the city is not taking this route as a way to raise taxes, or to give more power to the city council. She agreed with Salvato that home rule will give the city more local control and flexibility.

And in citing a big plug for this idea, the mayor stated that no cities in Colorado that have become home rule have opted to revert back to a statutory status.

Past History Poses Obstacles

The big hurdle Cripple Creek faces in the push for home rule is its past history.  The idea of home rule has not exactly hit the political jackpot locally. The idea was rejected by the voters in its initial stage a number of years ago, shortly after limited stakes gaming got rolling in the 1990s.  Since then, it has been mulled over several times by city leaders and officials, but never really progressed to the ballot stage, as the local casino industry often gave the concept the cold shoulder.

But this time, the city conducted a lengthy public education process, featuring experts on the issue who have played a key role in the formation of home rule charters for other communities in Colorado.  These forums didn’t get that many participants but did not spark any negative feedback.

Still, a few council members are worried about potential apathy regarding this issue, with some residents posing the question, “Why are we doing this?” The council can’t actively lobby for the idea, but individual members can express their support for the concept as citizens.  The most probable way to lobby for home rule would be  to form a campaign-oriented issues group, according to home rule proponents.

To serve on the possible home rule charter group, a candidate just needs 25 signatures and must be a registered voter of Cripple Creek. There are no restrictions on ward representation, similar to what is in place for regular council positions.  All charter committee representatives will serve in a at-large capacity.

During the Nov. election, voters will also decide the seats of outgoing Councilwoman Melissa  Trenary (who can’t run again due to term limits) and Councilman Bruce Brown, who now also serves as mayor pro tem. Brown, who served as Cripple Creek’s mayor for about a decade, is eligible to run again.

If the voters say yes, and the charter group is formed, then another election will occur in 2026. This one will deal with the charter document itself.

City attorney Erin Smith and a few of the municipal experts who addressed the citizens at town hall meetings, suggested that the city possibly examine the charters of similar-type communities that have become home rule. One example cited was the city of Black Hawk, which is regarded as the dominant town in Colorado’s limited stakes gaming arena.

Main Street Board Announced

In other government action, the council approved seven citizens to serve on its first-ever Main Street advisory board. This group will include Ryan Bowman, Krystal Brown, Michael Duffy, Brandie Larsen, J.R. Gatlin, Tracy Koval, and Kathy Reynolds.   They represent a variety of business, development and community interests for Cripple Creek. The city is seeking to get the state’s blessing as a Main Street community. It currently has made an official bid as a Colorado Main Street candidate.

Under the Main Street program, the city could get more grants and use the state’s resources to revitalize its downtown.

The idea has been proposed by head representatives of the state’s Main Street program, which falls under the jurisdiction of the Department of Local Affairs.  The first step under a Main Street candidacy is to develop an overall plan, with the help of state experts.

“I am very excited to get rolling with this,” said Durham, at the July 2 council meeting. “I am very comfortable with this group.”

The city hopes to eventually hire a Main Street coordinator to direct the effort. Currently, the process is being led by Camille Krochta and J. Lynn Lyons, the city’s lead planning and historic preservation officials.