Polis doubles down on housing ideas in front of his biggest policy foes

Gov. Jared Polis made an unannounced visit to the 2023 Colorado Municipal League conference in Aurora on Monday, with remarks characterized by one person as a "lecture" to elected municipal officials.

Polis has had few friends lately among municipal government leaders due to their opposition to his 2023 housing plan, which unsuccessfully sought to strip away local control on zoning issues from city and town governments. That change would have likely been felt the most by the 105 cities and towns with home rule authority granted under the state constitution.

That opposition didn't deter the governor from attempting to sell his housing ideas to the Colorado Municipal League audience, immediately launching into a pitch for the proposals but also drawing criticism for some of his comments.

"There's no need for endless assessments and planning, we just simply need to cut red tape," Polis said, saying that's particularly true for affordable housing such as duplexes, fourplexes and other options, and building units close to job centers around the state.

Polis asked for cities and towns struggling with affordable housing to see the state as a "tool" for achieving their goals. 

But the governor's comments to the group, in particular, asking its members to be at the table for the next round of talks, were not well-received by officials, who maintain they have always been at the table to discuss the governor's housing plan but their input was not welcome.

Polis extended that invitation to the group and others to find common ground on policy that he said will move the state forward. But "if CML chooses not to, we're not offended by that," the governor added.

Polis said there are many ways to engage and his administration would "welcome direct engagement with CML," but he also directly appealed to the city and town councils officials in attendance.

"We want you to use the tool of the state to recognize your goals around housing and how your communities grow," Polis said. "Without action, housing will continue to be less affordable."

That scenario, he said, would push Colorado into looking more like California, which he said is about 10 years too late in addressing its affordable housing issues. 

Polis pointed to an example from Montana, which he said "values local control" more than in Colorado, but where the legislature passed a "by-right" legislation for duplexes that covers cities of more than 5,000 population and multi-family housing by-right for cities more than 7,000 in population.

Polis said he's "very envious of Montana."

A 2022 study of Montana zoning recommended to state lawmakers that they consider incentive programs that would tie state housing funding to successful local zoning reforms; allow for 2-4 unit housing and accessory dwelling units (or granny flats) by-right; place limits on "harmful aspects of zoning," such as residential parking mandates; and, streamline permit processes.

Many of those ideas are similar to what was included in Senate Bill 23-213, the governor's housing proposal that failed to make it out of the legislature this year.  

"We can help you solve your frustrations, reduce the cost of housing regionally," Polis concluded. "We ask for your help ... our constituents are your constituents."

The remarks didn't exactly go over well with some.

Sens. Rachel Zenzinger, D-Arvada, said she was surprised she hadn't been asked to the table on discussions around SB 213, given that she had been a member of the task force on affordable housing in the previous year and the prime sponsor of much of the legislation on the issue over the past six years.

"I kind of thought they would like to have me at the table to discuss next steps for the task force's work. But, as it turned out, not so much," she said. 

She was not asked to join a single stakeholder discussion prior to to the bill's introduction, she said.

"But as it turns out, neither were you," she told the audience.

The Colorado Municipal League conference had included awards presentations, including saluting their "Legislative Heroes," Zenzinger and Barbara Kirkmeyer, R-Brighton, who led the opposition to SB 213's on the issue of state preemption.

Kirkmeyer said she, too, was never invited to sit down with the proponents, but that came as no surprise to her.

"The governor came to CML to lecture the cities," Kirkmeyer said of the governor remarks, adding that he continues to double down on his housing ideas.

What disappointed Zenzinger most was not that she wasn't included but "the enormous opportunity that was lost" because Polis insisted on his ideas.

"I can't think of a single opponent of SB 213 that doesn't believe" more should be done, she said in her remarks, adding SB 213 gave them preemption, not partnership, and mandates, not collaboration.

Zenzinger 

"We lost out on an opportunity for state and local governments to join forces in order to tackle this problem in a more forceful way," Zenzinger said. 

She urged municipalities need not to wait "for a bad bill to begin telling your story."

"You must offer up ways in which, we as a state, can work with local governments in a unified approach to tackle this issue now," she said.

She added that local governments should not use home rule or local control as a way to say "no," but as a powerful tool to address the statewide issue of housing affordability and partner with all groups with a voice in housing issues, which, she added, should include even those with whom they disagree.

"Local governments need to come together and aggressively demonstrate to the governor and the legislature that you accept the challenge and will lead the way on affordable housing," she said.

CML Executive Director Kevin Bommer said no one was happy SB 213 failed.

"I'm glad it didn't pass because of all the damage it would have done," he said but added that, in failing to pass a measure, "we lost a huge opportunity." 

He lamented how people had to focus all their energy on ensuring an "unconstitutional" and "inappropriate" preemption didn't happen.

"It won't be that way going forward," he said. "There is a table. When we're invited that doesn't include preemption, we'll be more than happy to be part of the discussion,"

If not, he said, "we'll build our own table with partnership, with people who want to work together on affordable housing."

He said he would also challenge state legislators to take a pledge for partnership instead of preemption.

Cities and towns are a tight-knit group, Bommer said, adding, "I thank the governor for bringing us a little closer together."

Editor's note: a previous version incorrectly listed the number of home rule cities and towns.