Let the Voters Decide
by Robin M Johnson
Last week in Midway City Council’s regular meeting,
Wednesday, August 9, the city council decided to hold a second meeting on the Open
Space Bond for Thursday, August 17. After hearing a presentation from Pure
Midway and other concerned citizens (the citizen group), asking questions of a
bond attorney, and receiving public input council determined the city needed
time for staff to work with a bond lawyer and prepare a resolution to place the
bond on the General Election ballot. Part of the resolution must include the actual
words of the referendum as it will appear on the ballot.
The citizen group made a presentation to the council and the
public. First Ken Mickelson briefly outlined public input from two meetings on
Open Space Preservation sponsored by this citizen group. Both meetings were
outlined in detail on this blog on the CITIZENbriefings page.
Next the citizen group invited Randy Larsen of Gilmore Bell,
a local bond attorney, to answer city council and public questions on bonding. In
answer to questions raised some of Larsen’s answers were: The city could bond for a specific amount and
describe the scope of intended projects in the Voter Information pamphlet
without identifying specific land or development rights for purchase. Language
used in the Voter Information pamphlet is binding; bond can only be used for
purpose described in the pamphlet. Voters approve bond, city council decides
what projects to fund within parameters described.
Spending the funds on just one
project is not necessary; money could be issued from the bond for individual
projects as long as each is within the scope described and used within ten
years. The bond will mature and must be paid off in twenty years. Bond money
can be used for upkeep and maintenance if an operations and maintenance description
is included. The bond cannot be promoted with funds from the bond. Fees
associated with bonding such as bond counsel (attorney) and bond advisor costs
can be paid from the bond. Attorney fees for preparing the referendum would be $2,500
to $3,000, and attorney fees for the bonding process itself would be from $15,000
to $30,000.
Next, J C Simonsen presented the findings of a survey
conducted by the citizen group. While
there were many questions posed the overall result showed about 20 percent of
respondents were opposed to a bond, the remaining 80 percent ranged from bonding
being somewhat important to very important as a tool for preserving open space.
About the same ratio of 20 percent were not willing to pay any amount toward a
bond, while a substantial majority was willing to pay enough to support a $6
million bond. Only about 14 percent were willing to pay enough to support a $10
million bond.
Finally, Public Comment was taken regarding a proposal to
bond for open space made by Pure Midway and other citizens interested in smart
growth and open space preservation. Overwhelmingly public comment approved
putting a referendum on the ballot to let the voters decide whether to bond or
not. Differences in what open space should look like or be used for were expressed
but despite varying views most were willing to put the bond question before
voters.
Paul Berg said the only harm in putting it on the ballot is
$3,000 and a little staff time. He said if it will only cost $3,000 and staff
time to move forward it is worth the price. Berg asked, “Does the city have
$3,000? If not I will pay it out of my own pocket” and maybe others would be
willing to help. Next he brought up the moratorium and asked, “Does staff have
the time to work on this resolution, if not I will offer my firm.”
Only a few spoke against putting a bond on the ballot. Clint
Coleman said he represented those who are appalled by the divide in the community
over open space issues. He said he knows many who are against the bond and will
not attend these meetings because of the contention creating the divide.
Coleman said, “We cannot bond our way out of growth …
bonding is a liberal idea, why should all bond for the benefit of the few?” He
cautioned against discrediting the county’s effort to preserve the north fields
that they have been working on for 20 years. “Hold off until the county comes
up with a plan … protecting the north fields is the single most important project,
it is significant historically. Why handicap the county and the state in this
effort?”
In an interview on Friday, August 10, Brad Wilson, city
recorder, said, “The question is what amount to bond for. We looked at the impact
on property owners for a $6 million bond and a $10 million. Those were numbers
originally proposed by Pure Midway. Their survey said most would favor a $6
million bond. I put in a call to a representative of Pure Midway and other concerned
citizens for their recommendation on the amount to bond for, but have not heard
back from them yet.” A good indication of the citizens’ recommendations would be
that the city council agenda item states bonding for up to $10 million.
In regards to identifying open space Wilson said the citizens "have
not identified any specific pieces of property they would like to preserve.” When asked if the bond would be used for preserving
agricultural land and main view corridors in the city Wilson said, “That is one
of the biggest unanswered questions; what will the criteria for determining
open space be? I think that is probably one of the tasks for the planned open
space committee. It would not surprise me if it took many meetings to establish
open space criteria. I don’t think you can establish that before the General
Election.”
Wilson prepared a timeline including steps the city must
take to put an Open Space Bond on the ballot:
Aug 17 – City council approves resolution and ballot
language
Aug 24 – Resolution provided to Lt. Governor and Election
Officer
Aug 30 – Public Notice of intent to issue bonds, first
notice
Sep 03 – Deadline to submit arguments
Sep 06 – Public Notice of intent to issue bonds, second
notice
Sep 08 – Deadline for city council to submit argument in
favor
Sep 08 – Deadline for city council to submit argument in
opposition
Sep 10 – Arguments sent to opposing sides
Sep 13 – City council holds public hearing
Sep 18 – Deadline to submit rebuttal arguments
Voter Information pamphlets prepared
Sep 23 to Oct 23 – Voter Information pamphlet mailed
Oct 04, 11, and 18 – Publish Election Notice
Oct 06 – City council posts arguments
Oct 25 – City council conducts public meeting
Nov 07 – General Election
Nov 21 – City council canvasses ballots
Later in the meeting the council directed Brad Wilson to
contact Randy Larson and members of the citizen group in order to prepare a
resolution and ballot language for the special meeting on the Open Space bond
to be held tonight.
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