Correction: This story was updated at 10:12 a.m. Thursday to make clear that a Norman voter — not Kelly Lynn — filed a restraining order to stop the city council from swearing in Lynn's successor in Ward 3. This story was also updated to correct the spelling of neighborhood resident Benjamin Alpers' name.
Norman City Council delayed Bree Montoya’s inauguration due to a restraining order filed by a city resident who voted for Ward 3 Councilmember Kelly Lynn.
The council received papers at approximately 6:25 p.m. that would make all members defendants if they were to swear in Montoya, according to City Manager Darrel Pyle.
“A local judge provided for a stay in the ruling until the 25th,” Pyle said. “My guess it will be wrapped up by Thursday.”
Montoya won the Ward 3 seat in February against Lynn earning 53.14% of votes compared to Lynn’s 46.86% according to online results from the Oklahoma State Election Board.
The council intended to seat Montoya earlier than her term would typically allow due to Lynn’s dismissal from council by a McClain County district judge. Lynn was found to be illegally holding dual office by accepting a municipal judgeship in Wewoka.
Due to the filing on behalf of voter David Ballard the council moved to the fourth item on its agenda: approving the Norman Utilities Authority, the Norman Municipal Authority and the Norman Tax Increment Finance Authority minutes of March 14.
The council then recognized the 2023 Norman Youth Council, made up of students from Norman High and Norman North High School. The council is meant to promote civic engagement among Norman’s high schools. Five students spoke before the council and reminisced about their visits to multiple areas of Norman such as the water treatment plant, fire station, animal welfare center and homeless shelter.
After the presentation Mayor Larry Heikkila awarded each student with a certificate and was photographed with each member.
The council then approved items 6-25 on the consent document with no opposition from any councilmember.
The Fiscal Year 2024 budget was approved unanimously after the council heard from three members of the public with comments on the proposed budget.
Russell Rice from Food and Shelter suggested to the council that the civil asset forfeiture funds be allocated to the fire department rather than law enforcement.
Ward 8 Councilmember Matthew Peacock asked City Attorney Kathryn Walker if Rice’s proposition was possible.
Walker said she believed the proposition would be possible if the funds are going toward public safety.
The adoption of the budget will take place in a special council meeting on Tuesday, June 13.
After closing public comment for the fiscal year budget, the council was given a presentation over rezoning property on South Berry Road from a single family dwelling district to a SPUD (single planning development district).
The intention is to make a creative layout that allows for two houses to fit on a single acre site. The council moved to approve the ordinance unanimously.
The council also approved a rezoning to modify the landscaping and allow the tenants' proposed signage for when the lot at 231 W. Main St. is developed. Peacock was granted permission to omit himself from voting and discussion on this ordinance due to having worked on the project personally.
The council adopted the 2018 international fire code after Greg Clark, building inspector and building official presented the code to the council along with a property maintenance code and a building code.
The council adopted an ordinance for the 2018 international property and maintenance code.
The next ordinance adopted the 2018 international building code, 2018 international existing building code, the 2006 energy conservation code, the 2018 international mechanical code, the 2018 international electric code, the 2018 international fuel gas code, the 2020 national electric code and the 2018 international residential code.
After a short break, the owner of Midway Deli, Bob Thompson, appeared before the council to request a rezoning of the property from a C-1 commercial district to a special zoning district. Thompson has previously hosted live music at his Deli, but ceased to do so after finding out his property was no longer within the appropriate zoning parameters. Rezoning to a special zoning district would allow Thompson to have catered events with amplified music whether they be indoors or outdoors.
Several residents near Midway Deli have expressed discomfort with the music Thompson has previously hosted at the Deli, citing noise, parking and alcohol as the biggest reasons for not approving. Thompson proposed the occurrence of events would be from Thursday to Saturday.
“And it's very important to me so that you guys understand that we're not asking for a variance on the noise ordinance,” Thompson said. “We're not asking for any variances as a part of this but our commitment is to either meet or exceed the requirements of the ordinances”
Seventeen different members of the public chose to speak to the council in regard to the Midway Deli decision. Ten were against it while seven were in favor.
Those opposing the decision wore blue stickers on their chest labeled “We are a neighborhood” in solidarity.
“Your job as a city is to have ordinances that function for neighbors as well as businesses. And right now the noise ordinance does not function to abate the noise from the music coming from nearby. It can work. It's not working now and simply permitting Bob to have three events a week like this is just going to make matters worse,” neighborhood resident Benjamin Alpers said.
Despite the public backlash, the council decided to adopt the Midway Deli ordinance unanimously.
“Given everything we've heard tonight, I will be in support of this. I recognize we have some issues to work out. But we have a 30-day window to knock out some of that. And I do feel after hearing about disturbing the peace part, there are still mechanisms for the residents to make their displeasure known,” Ward 4 Councilmember Helen Grant said.
The council addressed the final items of the agenda by unanimously adopting an ordinance that would fix the compensation with the city attorney. The council also adopted a contract between Norman, the Norman Utilities Authority, the Norman Municipal Authority, the Norman Tax Increment Finance Authority and the Norman Economic Development Authority and Walker.
This story was edited by Teegan Smith. Mary Ann Livingood copy edited this story.
