Published in the Times Call on September 14, 2025
The City Council, the city manager and Public Works Department have been locked in controversy over their desire to turn the Distel open space into an industrial development — a compost facility. A group of local residents known as the friends of Longmont open space have vigorously opposed the proposal.
Despite the opposition, including a rejection of the proposal by the Parks and Recreation Advisory Board (PRAB), the only advisory body to which the council referred the matter, the City Council seems determined to plunge ahead because Boulder County is willing to partner with the city to construct the compost facility on city of Longmont open space. Boulder County would never convert any of its open space to an industrial use.
In 2000, Longmont voters approved an open space ballot measure submitted to them by the City Council via Ordinance 2000-41. The voters approved Ordinance 2000-41 complete with a tax increase to fund it, definition of open space and a list of functions open space must serve. Section I of Ordinance 2000-41 states that open space SHALL serve one or more of the following functions:
• Preservation of natural areas, wildlife habitat, wetlands, agriculture and visual corridors.
• Linkage and trails, access to public lakes, streams, and other open spaces lands.
• Conservation of natural resources.
• District parks.
• Implementing greenways and open spaces policies in the comprehensive plan.
• Urban shaping buffers between and around municipalities.
Industrial development for a compost facility is not on the list.
Section J of ordinance 2000-41 is a critical part of the ordinance. It states: ONCE ACQUIRED, OPEN SPACE MAY BE USED ONLY FOR PURPOSES SET FORTH ABOVE.
In 2011, the City Council approved Ordinance 2011-10 regarding rare situations where disposing of open space might be necessary. This ordinance was not submitted for voter approval although it provides a means to change the essence of Ordinance 2000-41 which was approved by Longmont voters. The current City Council is attempting to use that disposition ordinance to obviate section J of Ordinance 2000-41. I was city manager when the disposition ordinance was adopted. I believe the city attorney and I mistakenly did not catch the need to refer this ordinance to the voters because we did not imagine a future council would try to nullify any parts of an ordinance approved by Longmont voters. The open space disposition ordinance was intended to clarify the future need for the acquisition of street rights of way owned by the open space program. Construction of Martin Street had required purchase of open space right of way to construct the bridge at St. Vrain Creek. Again, not for industrial development, which was inconceivable in 2011.
If the current City Council moves forward to convert land purchased for open space, which the Distel property was, it seems to me to run up against a number of legal issues such as a voter approved ordinance containing section J. It is my understanding that Colorado case law requires local governments to spend tax dollars in strict conformity with ballot language. If and when the City Council votes to convert land purchased as open space to an industrial use (not in conformity with ballot language) then, it will be time to challenge the legality of the open space disposition ordinance which was not referred to the voters. The Friends of Longmont open space and anyone opposed to a compost facility on the Distel open space will need to step up to pay for legal action. I will be first in line with my checkbook.
Gordon Pedrow served as city manager in Longmont from 1993 to 2012.
