(Guest opinion) Jeff Lester: Honor our agreements, protect our open space

Published in the Times Call on September 7, 2025

When Longmont voters overwhelmingly approved the perpetual extension of our open space tax last November, they sent a clear message: Open space should mean permanent protection. These lands are not assets set aside for future industrial use — they are a lasting legacy for wildlife, recreation, and community well-being.

That is why the proposed Distel-Tull land exchange is troubling. It undermines voter trust and conflicts with an agreement Longmont made with our neighbor, the town of Frederick. In 2011, Longmont entered into an intergovernmental agreement (IGA) with Frederick to guide growth and prevent industrial intrusion into the St. Vrain River and Boulder Creek corridor. Though the IGA does not list Distel by name, the property lies within the corridor and the half-mile coordinated planning buffer, making it subject to the protections the IGA established.

The IGA committed both communities to open space buffers and community separators. It called for preserving riparian areas in their natural state, protecting water quality and safeguarding wildlife habitat — including a major bald eagle roost near the confluence of the St. Vrain and Boulder Creek. It required 150-foot setbacks from riparian areas and a quarter-mile setback from the eagle roost. It directed development away from rivers and open space while envisioning trails and recreation corridors linking the two communities.

This is not a forgotten document. The IGA is publicly available on the city of Longmont’s website at longmontcolorado.gov/planning-and-development-services/plans-and-reports and can also be reviewed at the city clerk’s office. Any resident can read the commitments our city made with the town of Frederick to protect open space, wildlife and community buffers.

The Distel parcel, purchased with open space funds, sits squarely in this sensitive corridor and within the IGA’s planning zone. Converting it into a regional composting facility — or any industrial use — would disregard the IGA’s requirements for coordination with Frederick and protection of open space and habitat. The natural buffer Distel provides between Frederick and Longmont would be lost. A compost facility would bring runoff, leachate, odor and heavy truck traffic, all of which threaten water quality and wildlife. Bald eagles, in particular, would be at risk. The IGA directs development away from rivers and open space, yet this proposal plants industry in the middle of the corridor. The agreement also envisioned regional trails through these lands — trails that an industrial site would block or limit.

Once open space is breached for industry, the precedent is set. Other facilities will follow. Future councils will point to Distel and say, “We did it once, why not again?” The IGA was designed to prevent this erosion. Ignoring it damages trust not only between Longmont and Frederick but also with Longmont voters who approved the open space tax expecting permanent protection.

At its core, this debate is about trust. Voters funded open space so that it would remain open space. Residents expect their tax dollars to protect land in perpetuity, not enable land swaps that weaken protections. Agreements like the IGA exist to ensure that promise endures across councils and election cycles. Rejecting the Distel-Tull exchange is not just about saying no to a compost facility. It is about saying yes to the commitments we made: yes to open space buffers, yes to wildlife habitat, yes to clean rivers, yes to trail corridors, and yes to honoring our word as a community.

Longmont has other options for addressing infrastructure needs. But open space — especially land purchased with voter-approved funds — is not the place to solve them. If a regional compost facility is essential, it should be located on land zoned for industry, not in the heart of our natural corridors.

(Guest opinion) Shari Malloy: City Council should reject Distel-Tull land swap and repair public trust

Published in the Times Call on September 6, 2025

Longmont Friends of Open Space believe preserving Open Space is critical to Longmont’s well-being — ecologically, economically and culturally. Last fall, 74% of Longmont voters said yes to the perpetual extension of our Open Space tax, conveying a clear mandate to respect and protect these lands. The proposed Distel-Tull land swap does the opposite. It opens the door for industrial uses on land purchased with Open Space dollars, and undermines what we voted for.

The Distel-Tull proposal gives the city broad discretion to develop industrial facilities on Open Space — whether a composting facility, a fire-training center or something else. The swap shifts acreage between Public Works’ “Tull” property and the almost adjoining “Distel” Open Space. Both are across the river southeast of Sandstone Ranch. City Council has tabled this decision citing negotiations with the mining operator at Distel. This ignores public outcry addressing the root of the problem which is using Open Space for purposes other than Open Space.

In August 2020, City Council adopted changes to the Open Space Disposition Ordinance (14.52.030), allowing consideration of sale or exchange of Open Space if it “results in a net benefit to the Open Space program.” That ordinance requires referral to the Parks and Recreation Advisory Board (PRAB) before council acts. When that happened in June, PRAB advised against the proposal — saying net benefit had not been adequately demonstrated and expressed concerns about precedent. Those arguments were well-founded, though sadly not respected by City Council which is proceeding anyway.

Our group proposes a constructive path forward protecting open space and repairing broken public trust. This includes:

1) Reject Distel-Tull land swap proposal ASAP.

2) Tighten the disposition ordinance. Demonstrating “net benefit” invites subjective interpretation. The cleaner, safer approach is to delete this term and simply limit disposals to right-of-way or utility easements. This helps guard against using Open Space as a land bank for future perceived “worthy” projects.

3) Put rare, exceptional disposal proposals to a vote by the people. City Charter 13.2 protects park lands and water rights by requiring voter approval before sale or repurpose. Adding “Open Space” to this charter provision would align the treatment of these three foundational assets and strengthen long- term public trust. A charter change codifies protections and requires a public vote. Then, if a future City Council believes an extraordinary case exists, the charter would give voters the power to decide.

If City Council approves this land swap they would set a terrible precedent. Once an industrial footprint is allowed, future pressures will follow. Indeed, the notion of using Open Space to “solve” other civic needs — such as housing — has already been floated. That slippery slope erodes the entire program’s purpose and violates the public’s trust.

At its core, this entire debate is about trust. Voters funded Open Space so that it stays Open Space. When residents see lands they paid to protect being positioned for a different purpose, confidence erodes. There is no reset when voters are betrayed. This puts passage of Boulder County’s extension on this fall’s ballot and any needed future Longmont Open Space ballot measures in jeopardy. Rejecting the proposed land swap, tightening the ordinance, and referring charter safeguards to voters would send an unmistakable message that City Council trusts residents to make good decisions.

I also want to acknowledge the breadth of community engagement on this issue. Hundreds of people across Longmont — neighbors, birders, trail users, families — have shown up to learn, testify, and write City Council. Whether concerns were wildlife habitat, recreation, fiscal stewardship or public confidence in government, the conclusion is the same: treating Open Space as flexible inventory is unacceptable. Our community deserves durable protections that match the commitment voters already made.

The Distel-Tull land swap and future of Open Space are at a crossroad. Choosing convenience today would set a precedent that invites similar exchanges tomorrow. Choosing prudence means recommitting to the original promise of Open Space — not as a bargaining chip, but as a legacy. Council should reject the swap, direct staff to tighten the disposition ordinance, and refer an Open Space charter protection ballot measure to voters. City Council can start rebuilding trust and insure future generations inherit what we pledged to protect.

Shari Malloy is a retired SVVSD special education teacher and core member of Longmont’s Friends of Open Space.