Dear Action Line,
The municipal elections are just a couple of weeks away, and thus, the “silly season” is in full spin. So, I beseech Action Line and its occasional, sometimes reliable information and wisdom to help me sort out opposing information I am being force-fed. Can this Ballot Question 2A thing actually fund the, uh, hugely controversial Next Step initiative or not? – Taxpayer
Dear Taxpayer,
It’s always the small towns that have the most drama. You wouldn’t think that the relatively boring Ballot Issue 2A would be so controversial. The city of Durango already has a sales tax, and it is simply asking voters to extend the tax to fund a much-needed new police station and parks and rec projects, which are hugely popular among the public. In the post-COVID-19 social media era, there’s always some sort of debate, whether or not the basis for debate are facts or the cringe-inducing term “alternative facts.” At least 2A gives me job security for another week.
If you’re not up to speed, like all those lifted trucks going 20 mph over the speed limit down Main Avenue, some who oppose 2A claim that there is a “hidden agenda” and that the tax revenue could be diverted to fund Downtown’s Next Step, the project that could redesign Main Avenue for the sake of pedestrian safety.
By all accounts on the city side, this claim is false.
“The sales tax cannot be used for Downtown’s Next Steps,” Tom Sluis, city of Durango public information officer, said. “The ballot language clearly states that half goes to Parks and Recreation projects, half goes to capital projects which include debt, and the debt is specifically $61 million for the PD/City Hall renovations at the historic high school.”
The city also says there may be confusion about the 2015 sales tax fund (Sec. 23-71 of the city Code of Ordinances) which says revenues can be used for “pedestrian and bicycle improvements.” This is not the case in the 2025 Ballot Issue 2A, which we are discussing here.
To play devil’s advocate – not that the devil needs more advocates – Action Line wondered what mechanism there is to ensure the city only uses money for what it says it will use it for.
Sluis parlayed an answer from City Attorney Mark Morgan, who said that the Colorado Taxpayer’s Bill of Rights – also known as TABOR – is the legal framework the city must stick to. You can find that in the Colorado Constitution Article X Section 20 (7) (d), if you’re up for some light reading. Approved by voters in 1992, TABOR requires voters to approve tax increases.
If it has to do with taxes, TABOR is involved.
Beyond the risk of lawsuits for violating TABOR, the city would be unwise to spend the money for projects unrelated to a police station or parks and rec, if the issue passes. That would be going against the will of the voters. As Sluis wrote: “If we do not follow the will of the people that’s when the guillotines are broken out and the tree of liberty gets watered with the blood of patriots and tyrants.”
C’est la vie.
Action Line also wonders why Next Step is so controversial that it has inspired folks to use it as a scare tactic for an unrelated ballot issue.
The city’s Devin King said that Next Step “has seen significantly more participation from the public,” compared to other projects. He said that city meetings and surveys usually attract only around 30 to 60 attendees or responses, while the Next Steps meetings and surveys brought in hundreds of attendees and thousands of responses.
Why is this? Action Line finds it understandable that people are scared of change, especially in our beloved downtown area. Main streets are an iconic symbol of Americana and an important social and economic hub. Just don’t call it Main Street in Durango. It’s an avenue.
The entire Next Step project is a topic for another column, but one thing that’s gotten people riled up is the potential decrease in parking spots. There’s lots to say about this, but for today I’ll say that when Main or Second Avenue shut down for festivals or parades throughout the year, plenty of people find a place to park.
That paragraph may upset people, but if you are feeling stressed about Next Step and tax season, I say: Take a walk along Main, enjoy the spring weather, listen to the birds chirping, stop for an ice cream, study the TABOR amendment and chill out.
Email questions to actionline@durangoherald.com or mail them to Action Line, The Durango Herald, 1275 Main Ave., Durango, CO 81301. If you’re asking about tax return advice, we won’t be of much help.
