Daily Camera guest opinion: Guest Ben Binder: Don't allow CU to strong-arm Boulder: 'Yes' on 302

Oct. 28—By Ben Binder

For 25 years, we have known a South Boulder Creek flood control facility is needed to protect residents from flooding. The only feasible location for the facility is on CU South, a floodprone 308-acre depleted gravel pit purchased by CU in 1996.

Because of flooding, high groundwater, threatened and endangered species, poor access, and many other reasons, when CU acquired the property the Boulder Valley Comprehensive Plan designated 220 acres for open space. The remaining 88 acres were designated for low- and medium-density housing. Furthermore, there was a county approved reclamation plan which stated "After reclamation, the mine site will become suitable for wildlife habitat."

Against strong objections from the city and the county, CU selfishly used its political muscle to revise the reclamation plan to provide for maximum future development. CU bulldozed wetlands and added a 6,000-foot levee to the plan to divert floodwaters around the pit and onto neighboring properties. During the catastrophic 2013 flood, CU's sunken gravel pit remained dry.

Ft. Collins felt secure with protection against 100-year floods, but in 1997 it was hit by a 200-year flood, resulting in five deaths and $200 million in damages. Considering climate change, in 2018 the Boulder City Council wisely approved a 500-year flood protection plan. But on May 20, 2019, in spite of the urgent need for flood control, CU sent a letter to the city stating, "We are writing to you today to provide notice that the university, as the landowner, does not agree to Variant I 500. We are informing the city that any further expenditure for the development of preliminary designs for Variant I 500 should cease." CU endangered lives by creating a needless multi-year delay.

To meet CU's demands, the city downsized the project to only protect against short-duration floods with streamflows 60% of those measured during the 1938 flood. Moreover, the plan adds $3 million to our utility bills to pay for earthfill to raise portions of CU's land above the level of a 500-year flood. Do not believe statements CDOT will not approve the 500-year. The city has provided no evidence to support that claim.

The current 100-year flood protection plan only requires 36 acres of CU's land. The land is in the floodplain and has been valued at $1,350,000. Yes, the primary reason for the divisive complex annexation agreement is to get CU to sell a 36 acre floodprone parcel with the value of a single family home.

CU is using the need for its land to strong-arm Boulder into agreeing to 1,200 dwelling units, 750,000 square feet of non-residential buildings, a 3,000 seat stadium, and a hazardous intersection with State Highway 93 on the curve heading south to Golden. Because few vehicles will use that intersection, CU's transportation engineer stated there will be no traffic signal until five accidents have occurred.

Supporters of the annexation agreement praise the benefits of 1,200 homes. But they fail to mention that 750,000 square feet of non-residential buildings, which can accommodate thousands of employees, will require far more housing than will be constructed on the site — resulting in a net loss of housing for existing faculty and students. Nor do they mention the 3,000 seat stadium demanded by CU.

Annexation advocates also falsely claim CU will "donate" 80 acres for flood control and open space. In fact the agreement states CU will provide 80 acres "in exchange for the waiver of $3 million in City Capital Facility Impact Fees." Additional open space land, which is all in the floodplain and could not be developed, must be purchased.

With respect to the transfer of Dry Creek Ditch water, someone must have been asleep at the wheel. The city will receive 140 Acre Feet of intermittent raw water per year. In exchange, CU will receive 140 Acre Feet of treated municipal water annually in perpetuity plus a $4.3 million credit for Plant Investment Fees. I asked the city for a cost-benefit analysis of the transaction and received nothing.

The city's Planning Board did not recommend approval of the annexation, nor did the Open Space Board of Trustees, and Boulder County listed many serious concerns.

Our city council has caved in and refused to play hardball with CU. Let's send a strong message that we will not be strong-armed into accepting an annexation agreement that will provide inadequate flood protection and create a traffic nightmare on our already congested streets. Please vote YES on ballot question 302.

Ben Binder is a Professional Engineer and Land Surveyor residing in South Boulder