Norman City Council discussed the possibility of a public vote on a Rock Creek Entertainment District ordinance and heard a presentation on the addition of a monarch butterfly habitat in a study session Tuesday.
Entertainment district discussion
The news: City Attorney Rick Knighton told council he did not believe the city had the authority to bring a tax increment financing ordinance for the Rock Creek Entertainment District to a vote of the people.
The ordinance would seek to adopt the TIF districts project plan, according to the presentation.
Knighton raised concerns about the possibility of sending the ordinance to a public vote after the Oklahoma Supreme Court rejected the gist of Oklahomans for Responsible Economic Development’s petition earlier this month.
Knighton said in order for the city to exercise power, it has to be expressed in writing, citing a 1972 Oklahoma Supreme Court case regarding city and town authority.
Knighton said the city does not have the statutory authority, as set out by a 1983 opinion from a former Oklahoma attorney general, required to hold an election for the TIF ordinance.
“If there is no statutory authority, then essentially if we called an election and it was challenged judicially, … the courts are going to rule that the city does not have the authority to call that election,” Knighton said.
Knighton said he would anticipate legal action if council sought to repeal the TIF ordinance due to the economic development agreement already being approved by the Cleveland County Board of Commissioners' recreational and entertainment facilities authority.
Article I, Section 10, Clause 1 of the U.S. Constitution states “no state shall … pass any … law impairing the obligation of contracts.”
Knighton said council could not pass a law breaching or modifying a preexisting contract.
In the event of a lawsuit, Knighton estimated the city’s minimum liability would be $230 million.
He said the city would likely have to pay through property tax over a three-year time period. Knighton said such a cost would add $6,088.37 to a homeowner’s property tax on a home valued at $300,000.
What they’re saying: Mayor Stephen Tyler Holman asked Knighton how the city of Bethany is able to vote publicly on TIFs.
Knighton said Bethany officials amended city charter to prohibit any incentives from going to private developers.
Knighton asked Bethany's city attorney if the amended charter violated voter rights. The Bethany city attorney told Knighton that Bethany officials didn't consider that.
Holman asked Knighton what council’s next steps would be if the petition were to go back to the Oklahoma Supreme Court and the decision stood.
Knighton said council would have to meet with the Cleveland County officials and the entertainment district’s land owner to discuss amending deadlines set in the economic development agreement.
Monarch butterfly partnership
The news: The city will receive a monarch butterfly habitat and a mural at city hall as part of a partnership between Norman and the Oklahoma Monarch Society.
Michele Loudenback, Norman’s environmental and sustainability manager, presented details of the partnership to council.
The Oklahoma Monarch Society, which is funded by the Kirkpatrick Foundation, chose to partner with Norman and Edmond in the program, according to Loudenbeck.
Norman will receive $11,000 in grant support to go toward projects including the addition of native plants, educational signage and a monarch mural, according to the presentation.
The city will receive pollinator gardens at the entrance and north side of city hall, which will include 34 native plant species, natural elements like mossy boulders and over 500 other types of plants, Loudenbeck said.
A monarch mural will be installed by Oklahoma artist Rick Sinnett on the city’s development center wall facing Gray Street, according to the presentation. Sinnett has painted other murals in Norman, such as the red-tailed hawk mural on the financial services building downtown.
Workers will begin planting the garden April 11 with the help of OU Big Event volunteers. The Big Event is OU’s official day of community service where students, faculty and staff volunteer to complete service projects throughout Norman, according to the website.
The gardens will be completed by the fall, Loudenback said.
What they’re saying: Loudenback said Oklahoma is in the heart of the monarch butterfly migration corridor and the butterflies are facing habitat loss and pesticide use, making the population decrease.
Loudenback said it's important to protect pollinators, stating one in three bites of food depends on pollination.
Ward 2 Councilmember Matthew Peacock asked if the gardens will require any maintenance other than cleaning.
Loudenbeck said it takes about two years for native plants to be established in their environment and that maintenance of the garden will decrease after this period. She confirmed no fertilizer or chemicals will be used in the area.
This story was edited by Audrey McClour.
