(Guest Opinion) Shari Malloy: “The what and why of Longmont open space ballot measure 3B”

Published in the Longmont Times Call on 9/27/26

What is 3B and why vote yes? The purpose of ballot measure 3B is to give Longmont taxpayers the right to vote on any sale or transfer of open space — just like parks and water. Longmont’s city charter requires the public vote on proposals involving parks and water before these assets can be sold or conveyed for some new use. Like our parks and water assets, open space is also an asset, so adding it to our charter makes sense. Including the words “open space” here honors voters’ intent to protect these lands and our investments. Adding open space to our charter is simple and straightforward; it does not raise taxes and has no fiscal impact. Including open space does not prevent City Councils from proposing future ideas for open space lands: It just moves the decision into voters’ hands.

Why is 3B necessary? In 2010, Longmont’s Transportation Department needed a small portion of open space that is now in the Dickens Nature Area to extend Martin Street to Ken Pratt Boulevard. This led, in 2011, to City Council passing an unnecessarily open-ended Open Space Disposition Ordinance (14.52.030), which allows Longmont government to dispose of open space land for virtually any public purpose it thinks is important so long as the sale or exchange “results in a net benefit to the Open Space program.” This means future City Councils can basically do whatever they want, while that ordinance is in effect. This ordinance is very opaque, giving the city virtually “carte blanche” ability to build whatever infrastructure it deems worthy on land purchased as open space, as was demonstrated last year when the city attempted to swap land in the flood-prone Tull property for open space land in the Distel property to build city industrial infrastructure. Hundreds of Longmont residents protested, as this is the antithesis of what they had in mind in 2024 when 75% voted yes to extending our open space tax indefinitely.

Fortunately, our current City Council recognized this potentially problematic situation and proposed a simple fix to allow voters more say on such matters in the future. In June they voted 6-1 in favor of referring a ballot measure asking voters to consider adding open space property to our city charter alongside parks and water. In referring this to voters, our current City Council created an opportunity to rebuild trust in Longmont city government by empowering voters. A Yes vote on 3B says we want our open space lands to be respected and protected.

Longmont residents shouldn’t take it for granted that we will always have mostly reasonable people in charge of and on City Council. The “net benefit” term in the current ordinance is a dangerous slippery slope! Until we supersede the current Open Space Disposition Ordinance through this simple city charter change, our open space program remains in jeopardy.

Why does it matter? Preserving our open space land is critical to Longmont’s ecological, economic, recreational, personal and cultural well-being. Longmont residents love our open space lands and program. In addition to the overwhelming support to tax ourselves, every city satisfaction survey demonstrates residents place high value on our open space.

Why now? Locally, one only need look at all the development happening to realize the importance of protecting our open space. Purchasing, preserving, maintaining and enhancing Open Space is essential to the riparian health of our St. Vrain and Lefthand Creeks and other waterways. Wildlife needs habitat to survive. Open space provides this. Pollinators need native plants to thrive. Open space provides this. People need open space for our well-being. Open space provides this.

Trust in government is abysmal these days. A yes vote on 3B helps us to have faith in our Longmont government. In a time of political discourse where many people feel frustrated and helpless, the practice of granting voters’ agency and participatory decision-making merits commendation.

Shari is a member of Longmont Friends of Open Space and retired Special Ed teacher with SVVSD.

Letters: Remove Distel from any/all future development plans

Published in the Times Call July 29, 2025

In January Longmont City Council directed staff to pursue a partnership with Boulder County who wants to build a large-scale composting operation, but use [Longmont] land. Longmont Public Works staff proposed a land exchange where land purchased by Open Space tax dollars (Distel) would be exchanged for land owned by Public Works (Tull). The proposal at Distel carves out just 8 acres for
Boulder County’s compost infrastructure and 57 acres for City of Longmont infrastructure.

Public Works staff has been merchandising this proposal as a solution for the real need for compost infrastructure. Only 12% of the Distel Open Space property is appropriated for compost and 88% for city infrastructure; including relocating the fire training center and building a driving range for city vehicles. This proposal presents as a bait and switch for the City to build industrial infrastructure on
land designated as Open Space.

I’m a member of Longmont Friends of Open Space (standwithourstvraincreek.com) We are residents committed to preserving St. Vrain Creek and all our Open Spaces. We initiated and campaigned for the extension of our Open Space tax ballot measure last November (passed with 74% approval). Voters supported taxing ourselves in perpetuity because we want our Open Space lands respected, protected and not developed. That includes not being bartered or traded for development. If you’re one of those voters, please contact City Council and suggest they remove Distel open space property from any/all development considerations of any kind.

We support partnering with Boulder County for regional compost infrastructure. I personally have advocated for decades for regional compost infrastructure. City Council’s initial direction was well intentioned. It’s unfortunate city staff opportunistically used green washing sales tactics and used Open Space as a commodity. Council has lost a lot of public trust. Removing Distel from this hot mess
would help repair some of that.

Shari Malloy, Longmont

Letters: Longmont Distel-Tull swap

Published in the Times Call on July 31, 2025

I have been recycling and composting for many decades. I am firmly in favor of a community-based composting facility, but the proposed Distel-Tull property swap is not the right location for one.

Swapping open space land in this manner sets a very bad precedent. As a member of the public whose taxes help pay for open space purchases, I would consider such a land swap to be a huge violation of my trust!

Bald eagles nest along the confluence of St. Vrain and Boulder creeks, just west of the proposed composting site. The area is also a winter roosting spot for both bald and golden eagles, and it provides rare wintertime open water feeding grounds for migratory waterfowl, including trumpeter and tundra swans and many species of ducks. The presence of a big composting operation nearby would be disruptive to these birds and other wildlife.

Then, there is the risk of flooding. Years ago, my son’s Boy Scout troop planned a weekend camping trip close to the Distell and Tull properties. The boys packed up their gear, excited about a big group camp. This was July, monsoon season. On first morning of this camping trip, there were three funnel clouds over Longmont. We parents got an emergency call that we needed to go pick up our kids. Everyone woke up with 2 inches of water in their tents!

It was just a normal monsoon rain. Now, imagine that site during the floods of 2013! Imagine if it flooded again with a big composting facility on it. The risk of water contamination is unacceptable.

Again, I’m in favor of a community composting facility, but not at the risk of losing bird habitat, of disrupting birds and wildlife, of setting bad land use precedents, and not on a site prone to flooding.

Kat Bradley-Bennett, Longmont

Letters: Distel property not suitable for city uses

Published in the Times Call on 7/25/25

It is very short sighted to see the currently blighted east Longmont Distel property as simply an industrial zone. While significant remediation of this site is needed, it will remain an unsuitable site for compost, fire training and other city maintenance facilities.

Rock gravel and sand deposits desired by quarry companies occur as deposits of ancient river beds. They are thus generally near groundwater aquifers and modern day floodways. This property is located between the St Vrain River and Boulder Creek and close to their confluence. The Boulder County floodplain map, which extends out into Weld County (where this property is located), seems to indicate that at least part of this property is in the actual FEMA floodway. Extra effort would need to be made to isolate the compost piles such that, during processing, potential contaminants did not spread into the local environment. Contaminants could include microbiota, microplastics, heavy metals, persistent pesticides, herbicides and their potentially toxic breakdown products. The compost leachate could also be carriers of any unremediated pollutants from past industrial use of this property.

If the Distel property is properly restored, it can join our premium local open space portfolio along with Golden Ponds, Walden Pond and Pella Crossing, which were originally quarries and are now highly regarded assets for both wildlife and human activities.

Of special concern is the difficulty many such facilities are having in keeping inappropriate materials out of the compost stream and then in distributing the finished compost. For example, online reports indicate that Chula Vista, California, one of the places visited by Longmont officials and touted as a shining example of composting, is not able to distribute the bulk of the compost materials produced.

Composting is a great idea, but one that requires much careful planning.

Gaythia Weis, Longmont

Letters: Criteria are clear on how open space should be used

Published in the Times Call on 7/24/25

At the April 9, 2024 regular session meeting, City Council approved a motion by Mayor Peck, directing staff “to engage in conversations Boulder County is having on a regional composting facility.” It was an ambiguously worded motion, but it would have far reaching consequences for our open space program, because it set the stage for an unprecedented proposal of disposing open space property for development.

Six months prior to the mayor’s motion, in a Oct. 12, 2023 email (Subject: Open Space Parcel for Composting Facility), the mayor and Public Works staff discussed requirements outlined in the municipal code “to remove the Distel property out from the Open Space program (and move the Tull property in) for the purpose of building a compost facility.” There was no mention in the email that Distel would be difficult to ecologically restore, an excuse that the city would later conjure up to justify the land swap. There was also no discussion in the email about the potential environmental risks of a composting facility on bald eagles and people living near Distel. The focus was finding a location for Boulder County’s composting facility.

In January 2025, the city publicly revealed the Distel Tull land swap plan, which included the composting facility and multiple city development projects at Distel.

It’s a violation of the public trust for the city to manipulate our open space program to serve its development aspirations. Our open space goals and criteria are clear on how our open space should be used. It unquestionably doesn’t include siting a composting facility on these properties. For the sake of defending the integrity of our open space program, City Council should strongly and soundly reject the land swap deal.

Ruby Bowman, Longmont

Letters: Longmont City Council should say no to Tull/Distel plan

Published in the Times Call 7/23/25

The Longmont City Council should say no to the Tull/Distel land exchange and the idea of locating a compost facility in the Tull/Distel area. Some of the reasons:

• As a resident of Longmont since 1997, I have voted for every open space tax. The land exchange would violate the spirit of the open space program, and I might not have voted for 3A last fall if I had known this was coming.

• Neither the county nor the city have made a serious attempt to address concerns raised by wildlife advocates about the impact of a compost facility and other development on the nearby confluence bald eagle roost. My assumption is that they do not want to undertake a formal impact assessment because they expect it to be unfavorable to development in the area.

• The Tull property may be a “Plan B” location for proponents of the composting facility and other development. The only advantage to this idea is that it does not involve a land exchange with open space. There is still the same potential for harm to bald eagles and other wildlife. Add to that the fact that Tull is in the floodway and it becomes even more unsuitable.

• Boulder County’s compost facility feasibility study update of 7/7/2025 contains the following statements: “Phase 2 of the study includes site exploration … The feasibility study will primarily focus on the Distel site.” Clearly they have already decided that Distel is a feasible site, even though they have not completed the feasibility study and have not disclosed other sites under consideration. If Distel is taken off the table, I expect they will focus on Tull. So much for transparency.

We should give our neighbors in Weld County a break and find a composting site in Boulder County.

Chris Boardman, Longmont

Letter: Disposing of open space is a violation of the public trust

Published in the Longmont Leader on July 15, 2025

I’m writing to urge Longmont’s City Council to defeat the City staff’s proposal to allow industrial development on open space. Longmont residents voted to tax themselves for open space 25 years ago. And for 25 years there has been no development on land purchased as open space. There’s no reason to change that now.

When we passed the Longmont Open Space Tax, we voted to keep land free from development in perpetuity. We didn’t vote to keep land in reserve for future development. And the open space in question is in the middle of hundreds of acres of protect rural land. It includes: Farmland. River corridor. Wildlife habitat.

The current proposal sets a horrible precedent that it is okay to dispose of open space. And that precedent, I’m afraid, will be used in the future to further degrade the open space that we taxed ourselves to protect.

Disposing of open space is a violation of the public trust and the City Council should avoid that at all cost.

Please join me in telling the City Council NO to open space development!

Sincerely,

Jana Mendez
Former State Senator – 1983-1992
Former Boulder County Commissioner – 1993-2002