Special Open Space Bond Meeting Tonight

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.”

Photo credit: Frankie Roberto, Flickr, Photo Taken: November 28, 2002, Link to photo: https://www.flickr.com/photos/frankieroberto/3066083912/in/photolist-5EWtVJ-dM1hyH-8XQXgM-bixSbH-peRVcs-4VRMBd-8XQXhH-8XQXj4-9EPnXg-9ESjSY-cpFEaC-8XU1zm-nfgtWd-9ESkNs-8XU1Dh-p7CgC6-J1EfkS-7yWuna-q1qzfu-8XQXiD-7z1euw-7z1h8C-6RWVPg-VGZ4rp-nNuKo9-JjQHNb-VGZ4JZ-dM6ReL-9FYNNg-9FYJ9V-p9A5Xh-7yZYu5-5JbQFT-ny3WgQ-7yW6vD-ny3JwD-ny4wcp-oX2qEa-ny3RQr-2JL8X-nNuYSo-7z1f9L-2ta9T-nNuSn9-9G2AyN-enma5W-ny4Dq2-nQtG4S-ny3Tqw-ny4wwT

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.