0:03We should play a game show called The Prices Right.
0:15I think if you're flashing on there, you're we flashing uh we are flashing.
0:20Good afternoon, everyone, and welcome to the City Council Finance Committee for the City of Norman, Thursday, October 16th, starting just after 4 p.m.
0:28Thank you to everyone in attendance and everyone who may be watching online.
0:33We'll go ahead and get into our agenda items.
0:35Number one is a discussion regarding trust structures, including the creation of a parking authority trust.
0:42So it's been um a couple of years at least since we talked about this, I think, and maybe even this committee, maybe another committee.
0:49Might have been yours.
0:51Um I wanted to talk a little bit about public trusts generally since we have some new faces, and then talk more specifically about the parking uh trust.
1:01So why do we create public trusts?
1:04Um they exist as legal entities separate and apart from the city that protects the city from liability for the trust activity, the trust activity or the trust is protected from liability for city activity, and that includes financial liability as well.
1:18Um that's why we have, for instance, the hospital operating in a separate authority so that the city and the general fund are not at risk for hospital activities and and vice versa.
1:28Um they exist for the public benefit as a public trust.
1:31You have to act uh on behalf and in furtherance of a public function and a beneficiary.
1:37Uh, you may issue debt.
1:39Uh, there's a constitutional provision that prohibits the city from issuing long-term obligations like debt, and so we use our trust to issue debt oftentimes uh so that we can commit to longer term uh financial obligations.
1:53They can they can uh sell property, exercise the power of an imminent domain, and you'll see I have an indenture I'll pass out in a little bit.
2:01Um the powers that a public trust can engage in are really broad, and what we typically put in these indentures are everything that the statute allows uh a trust to do so that if they ever wanted to do something uh in accordance with the purpose of the trust, they have the authority to do that in the trust indenture.
2:21Um the public trusts operate under the authority of a board of trustees that creates a fiduciary relationship.
2:28The trustees hold the title to the property and act as authorized in relation to the property for the benefit of the beneficiary.
2:35Um they have to file annual financial reports each year with the beneficiary, audits uh with the state auditor, they engage in competitive bidding just like the city would, and they have to comply with the open meeting and open records act just like the city does.
2:50Where the beneficiary comes into play is when they want to issue debt.
2:55And we saw this with Norman Regionals big uh I can't remember the name.
3:00Fire Health, thank you.
3:01I was wanting to say Vision Norman, but that's a different plan.
3:04Um Spire Health a few years ago, they had to come to the city, and the city as the beneficiary had to approve the debt before it could be issued, and and that requires two-thirds approval, so that always gives the beneficiary some control and some some uh influence over that.
3:20But other than that, it operates completely separately from the city.
3:25Uh when we create a public trust, you uh consider a trust indenture, and that's really just sort of like the charter for the trust authority.
3:34Um the council would adopt a resolution approving the trust indenture and accepting the beneficial interest in the trust as the beneficiary.
3:41That also requires two-thirds approval, and then we record the documents with the county, the secretary of state, and uh file a notice with the state auditor's office so they know to expect audits.
3:52If I make that for one thing about that two-thirds approval is whenever you're whenever we're issuing revenue bond debt, that's when you see me getting really nervous about all the council members are here because two-thirds for us is six votes, but in order to waive competitive bidding to issue the debt on a negotiated basis, you have to have three-fourths majority, which for us is seven votes, and it's seven votes, it doesn't matter how many are here.
4:18So that's why you know if there's something on the agenda about issuing revenue bonds, we're gonna pick everybody here.
4:29Um so we have quite a few public trusts as you all know, and the way we agendize it uh for your meetings, you're acting in as trustees of these trusts, except for the hospital, and uh this as a city council, so that items that come before you might be an NUA item, a Norman Utilities Authority item, City of Norman item, uh tax increment finance authority item, all in one meeting.
4:52Uh we have five trusts right now that operate.
4:57Only one is governed differently from the others.
5:00Uh the Norman Municipal Authority, we really use to issue debt uh revenue bonds.
5:06It's used for sanitation and golf course operations.
5:10Uh Norman Utilities Authority is water and sewer projects.
5:13Uh the hospital authority is obviously the hospital system.
5:17Uh the tax increment finance authority is any TIFF revenues or TIFF projects funded with TIFF revenues, and then the Norman Economic Development Authority is one we created back in uh 20, I want to say 14.
5:31Um I think that's right, um, to do citywide economic development projects.
5:36At that time we discussed a permanent funding source that's never really gotten off the ground, but it's still out there and could be available for use if needed.
5:45Um each trust is has its own uh system of governance.
5:50Uh ours are all very similar except for the hospital authority.
5:54They are the mayor appoints the board members with the consent of council, and those operations thankfully are managed entirely by the board for the hospital.
6:01And so you'll see people on that board who are very specialized in hospital operations, financial issues, things like that, uh, because that is such a specialized area.
6:11As a beneficiary, we receive those annual financial reports.
6:14We've, as I said, approve issuance of debt and things like that.
6:18Um, with our other trusts, you all serve as the trustees, and the city manager is the general general manager, the city attorneys, general counsel, city clerk is your board secretary.
6:28So we kind of duplicate everyone's roles uh with most of our trust.
6:32All of our trusts right now, the city is the sole beneficiary.
6:35So if we need to issue debt, the city only needs to, or the trust only needs to get action uh taken by by the city.
6:44Um and they follow the same policies that we use for other things, contracts that go to the trustees for approval, uh competitive bidding, all of those things.
6:52And I want to point out though that what's interesting about this setup is when you put on your, I'm gonna use Anthony's terminology here.
7:00When you put on your Norman Utilities Authority hat, you're no longer thinking about what's the best for the city.
7:06You're thinking about what's best for this business that we're running this utilities authority.
7:11And so you have a duty of care as a council member, but you have a whole separate duty of care as a trustee.
7:17And so that's really uh important when you are acting as a trustee for these um trusts.
7:26Um they they all have different uh revenue sources for NMA, the municipal authority.
7:32We use revenues from the golf course and sanitation operations, uh, revenue bond debt issuances that are backed by dedicated revenue sources.
7:40We've used this for public safety sales tax uh debt and Norman forward related debt.
7:50Um, NUA is the water and sewer ratepayers, hospital revenues for the hospital authority, incremental tax revenues for the TIFF Authority, and then as I said before, for the economic development authority, that we don't really have an identified funding source, but it's still there if we need to do something long term.
8:08So we started talking about a parking trust a long time ago.
8:13Even before before 2014, I mean we did our first parking study, I think in 2003.
8:19Um, but in 2014, the economic development advisory board was created and appointed by council, and they gave them a task list to start with, one of those being come up with some financing mechanisms for some campus corner and downtown parking solutions.
8:33Uh so we took that 2003 parking study, and that was updated and sort of redone by Jacobs Engineering in 2015-2016 with EDAB involved in review throughout, and then the county participating.
8:47Then the county uh hired Kimley Horn to do another parking study in 2017, and the city participated in that, and we accepted that parking study at the end of 2018.
8:59EDAB, uh the Economic Development Advisory Board, as a result of all those efforts, looked at creating a multi-jurisdictional parking authority that would be co-managed by county and city appointees to implement the plan and better manage parking.
9:14At that time, the county was really interested in doing its own parking garage, and so there was this idea that if we put all of these parking structures and resources into one pot, we might be a little more effective at how we can manage it.
9:28Um and EDAP supported that unanimously, but it never really got off the ground.
9:33Um and I don't think that parking garage is the same priority for the current commissioners as it was back in 2015.
9:39Uh, they've had almost complete turnover.
9:42So it's never really gotten off the ground.
9:45We talked about it again probably two years ago, I think, uh, in terms of a parking and potentially transit authority uh when we took on transit and and had an adopted sales tax pass for that, those operations.
9:58We we talked a little bit about it then.
10:01Um so things to consider if we're talking about a possible parking trust.
10:05We want to think about what our purpose is.
10:08Are we going to just plan, develop and administer parking facilities?
10:11Are we going to manage parking lots on street, off-street, um metered parking, things like that?
10:18Um obviously we're going to fund actions related to public parking throughout Norman.
10:22I would recommend, and I'll go ahead and pass these around.
10:25This is the parking authority trust.
10:32So make that broad so that you have some flexibility for the different projects that may come up because you really want to think long term when you create a trust of what could be possible.
10:44And then you have to think about uh we need to decide whether we want to include transit or not.
10:48This is the draft I have that doesn't include transit.
10:50We also have a draft that does governance.
10:54Would that be council as trustees or something different?
10:58And then what revenues and expenses would be included within the trust.
11:02Oklahoma City has uh a similar trust called the Central Oklahoma Transportation and Parking Authority.
11:08That was real foreign to us back in 2014.
11:11Now we we all know it well because of NBARC and our relationship with them.
11:16Uh, this is the trust that operates NBAC and uh their parking system within Oklahoma City.
11:22You can see their purpose there, and it says Central Oklahoma and the indenture is written to allow for a regional approach, but they've historically limited their operations to Oklahoma City boundaries only, unless they're contracting for a service, and that's the situation we have with NBARC.
11:38Um and of course, only Oklahoma City is the beneficiary of that trust.
11:42So even if they had a regional approach, uh it wouldn't necessarily mean the city has a say without becoming a beneficiary of the trust.
11:53So revenues that we pay into NBARC, do they go to Copta?
11:59So our local tax revenues go into central Oklahoma.
12:06And that we did have a conversation with COTPA regarding uh the development of parking structures in Norman recently, and they recognize their system is designed to do exactly that.
12:21They've got multiple parking structures in operation and revenue flowing through it.
12:26Uh, and they said with the passage of the Oklahoma City Thunder uh new facility uh sales tax that all of their bonding capacity is consumed in building or probably be their biggest parking structure yet.
12:40So they're they were willing, they just didn't have capacity.
12:44And uh now we're staring at at demands coming in for vertical parking, and we we could wait um at council's retreat.
12:55There was interest in moving uh some trusts forward.
13:00Yeah, so on their board of trustees, Oklahoma City does it differently from how the city does it.
13:05Uh they I don't know that they have a single trust where the counts all of council serves as the trustees.
13:11Uh they this is a common approach for them where they'll have three members uh serve on the trust as trustees based on their position.
13:18So whoever's serving as mayor, city manager, and finance director uh in this case, and then five trustees that are appointed by the mayor and approved by council.
13:26In this case, because it is the central Oklahoma authority, one must live outside of Oklahoma City.
13:32Uh, the administrator, much like ours though, is a shared role.
13:35So the administrator of COPA is appointed by the city manager and approved by the trustees, but they also serve as a city employee as the director of Oklahoma City's parking and transit department.
13:45Uh City of Oklahoma City is the sole beneficiary, as I said.
13:50Tulsa also has a parking authority that's been around a long time, similar uh purpose.
13:55And um even a more different uh setup of trustees.
14:00So they have one mayor designee and then four mayoral appointees with council's approval.
14:05They operate only the off-street parking garages and lots, and any meters on street uh metered parking is managed by the city still.
14:14So they've just kind of separated that up differently.
14:18So when you look at what ours could include if we were to adopt a parking trust, these are the parking-related revenues that are in your FYE 26 budget.
14:28It's about 30 $364,600 between the parking lot leases for Grace Street and ASPS ASP Avenue lot, uh the parking meter revenue, and then parking enforcement revenue.
14:41I will say that I think in this year's budget, it's the first time that that we've started combining into one fund, the parking and the transit operations on the budgeting side.
14:52It does not include enforcement uh revenue or expenses.
15:00So that I wanted to give you that number, but make that note that currently that's not being allocated in the same way.
15:07Um, if we include included transit in the trust, all of those public safety sales tax revenues would go into uh the parking trust, but it would still be accounted for separately because those are really restricted based on the sales tax that was adopted by the citizens.
15:21They can only be spent on transit operations, then of course grants when whatever strings are attached to those.
15:27That is one eighth percent sales tax, which is why we are able to offer free transit service to our community.
15:35And so all of these are although accounted for in a separate fund, it is still part of the general fund currently.
15:44The expenses unfortunately exceed the income right now or the revenue.
15:50So we're at about 424,000 in annual expenses anticipated.
15:55That includes parking meter, pay station equipment.
15:58We we have to replace some of those uh facilities every so often, and so we've got some of those in the budget and uh maintenance at just under 80,000 a year.
16:07We have our parking enforcement staff.
16:09This doesn't include fuel or vehicles, just salaries and benefits is uh 200 and almost 67,000 a year.
16:16And then this year um we have started allocating uh the staff time between transit and parking because they they're sharing some staff operationally, and so you see that as an expense for parking now, too.
16:32Um obviously, if transits included, we'd be including uh any of those expenses, transit related expenses that are covered by the dedicated sales tax and FTA funding.
16:43You will be talking, those of you who are on CPTC or just plan to attend, you'll be talking next week about updates to the parking management plans, which is going to include um some increases to meter and lease rates, which would help that the revenue uh get a more a little more close to meeting some of these expenses.
17:02Um with the trust, any excess revenue that you have could be used for parking related projects.
17:08And I know for years, going back to our studies, at least in 2015-2016, and I a need was identified for a garage potentially on campus corner or in the vicinity of it, and uh in downtown Norman.
17:23And so as we look at how we can achieve that, you could use the parking trust to issue revenue bonds and the revenues within the trust that aren't dedicated to transit, you know, with the strings attached from the FTA or the sales tax, could be pledged for debt financing.
17:40Um, but we would probably have to structure that debt a little creatively so to minimize payments on the front end because we really need the revenues from the garage to help support that debt.
17:50And so we'd want to do something that's you know, interest only or capitalized interest in the beginning until it's in operation, and then look at uh pledging those other revenues from the garage back to the debt.
18:02Um if this concept is in alignment with council's ideas, during goals and objectives, obviously, but the establishment of the trust is step one.
18:16We did have recent conversation with uh county commissioners about it, you know, is this gonna be a Cleveland county?
18:23Are you in or are you out?
18:26And we are definitely more nimble as a Norman city trust with council members participating as those trustees.
18:36You're just able to make decisions and you don't have to wait for anybody else.
18:40So step two for us would be to bring you what that financing uh would look like.
18:50We've also been in conversation with uh Mr.
18:53David Floyd and some of his associates that all they do is parking structures so they could show you what that financing would look like.
19:03Councilmember Creek.
19:05Yes, and to your point about having to get some money on the front end if there let's say it's the um ASP Street parking lot plus some land, and there are developers who are willing to like pre-lease.
19:22Um does that help us like with getting across the line?
19:26We really think it would, and I that's actually my next bullet up here is those long-term parking leases for majority of the parking spaces might be needed to help back the debt issuance because we don't have parking garages with approving history in Norman.
19:40Uh, it would be really good to have uh long-term leases for a lot of these spaces to take to a bank and say we've got guaranteed revenue that can come in.
19:51Um we do think that would be helpful.
19:54It's important, I think, to understand though that even if they're signing those leases, I would suspect that they're not gonna start to pay for parking that doesn't exist yet.
20:04So yes, we could sell a bank that yeah, we have these long-term leases, but you're still going to have to borrow some money up front to build the garage.
20:14And so you're increasing the amount of debt.
20:16That's what's capitalized interest rate.
20:19So say that we were able to structure it where we had interest only payments for five years or something like that.
20:24Would that the funds from that come out of the general fund to cover the interest only payments monthly, or would we be using the revenue from that would be a decision you all would have to make.
20:36Um I will say historically we have not used the the general fund.
20:41Um I want to say this the right way.
20:46Uh we have we have not um pledged the general fund towards any debt of a trust authority because that's a risk we cannot take.
20:58But there may be a situation if you identify funding within the general fund that you could dedicate towards towards that a finite amount, and that might be something that would work.
21:06We'd need more information on what the financing looks like.
21:09I think one of the reasons we found Shannon was because of her uh previous life in ACOC's equivalent down in uh Dallas Fort Worth.
21:23The ability to um ultimately include our transit operation in the parking and transit trust provides uh more avenues for funding in the world of public transit.
21:39Uh when we talk about things like transit-oriented development, the the transportation side and the parking side go hand in hand to say this is park and ride for Amtrak, and it opens up doors for grant funding and may reduce our or our need to borrow if we if we'll take grants all day long.
21:58So um there will be some strategy we'll bring you in the ultimate uh action to adopt and formalize the trust and we'll show you the pros and cons of what our recommendation is.
22:11But we it there's I think that's why you say in Oklahoma City, it's transportation and parking.
22:16There's there's advantages to doing it that way.
22:18Definitely member Peacock had a question.
22:21Uh, it was more just a comment.
22:22Um that last point I think is what makes made me so interested in this topic today.
22:27Because just you know, in my work as professional, um, I have gathered that there's probably a hundred million dollars worth of construction that is on the precipice, if not for a parking solution.
22:39So, like these projects would be coming online today if they were able to park this.
22:44So they're all housing projects.
22:46We desperately need housing, housing generates sales tax, housing generates people spending money here, and so I would love to see this entire idea, this entire concept fast-tracked, figure out how we can get the trust off the ground and start planning the first garage.
23:01And um I have preferences where that would be, but I um each one would stand the the financing would be financially independent of others, although once in the fund, all of a sudden the available revenue grows and it makes the first one's a little bigger hurdle, the second one city can do them all day long.
23:25Now they've got a wonderful track record.
23:28So uh there is really not a reason other than the construction capacity to say you couldn't have two uh moving simultaneously.
23:40They would have different revenue profiles, um, different designs, different capacities.
23:46Um what we'll do if council says this is the track we're on, um, staff will begin to meet with uh property owners around the two sites identified initially at Aspen, Peters and Gray to start verifying interest in long-term, how many spaces could we count on to that or you to that question?
24:07I think if you had a thousand spaces in a parking garage today, you could lease them today.
24:12All of them that's just with today's demand, not including any future development.
24:17Those are prop projects that land is acquired, plans are already developed, they just are not building them because they don't see if I build 100 units on a property and I can only park 20 of them.
24:28Where you can put the other 80.
24:30And I know we don't have parking requirements in Norman, and that's not really what we're referring to.
24:33It's just the ability of being able to provide every person, every bed a parking space.
24:38The market knows that.
24:40The market is telling us we need to build parking garages.
24:45Yeah, uh housing is a need, but also there are businesses that would like places for their employees, and some businesses might actually rehab an old building and move into it if it had parking available.
25:01So yeah, I think in the con all the conversations we've had about density, this is definitely a missing piece that we have.
25:08Um I really want to see the pros and cons of it just being parking in it or it including transportation, because it seems like I don't know, maybe I have to look at Tuls more, I guess, to see.
25:23Um but I kind of envision this, you know, say Norman is done with parking garages down the road, and um we still have this trust going, we're not dissolving it.
25:36Maybe we can incentivize developers to build more vertically with the parking garages.
25:41We could help put on their structures uh or mixed-use retail at the bottom of the parking structure and housing at the top.
25:48We've seen that in a lot of cities that we've gone to.
25:52Um, and then I would like to go ahead and explore a third site and uh that the young family athletic center.
25:59I think that that is that needs a parking garage really bad right away, and it will turn over a lot, maybe a lot more than the other ones.
26:09Uh that that the connectivity, the inclusion of um transit, the the whole federal transportation authority, the FTA dollar access.
26:19Um what we're talking about is uh very common in cities across the country, and they do access FTA dollars, and that's the primary plus for us is just a whole new portfolio of grant funds to go pursue because uh related but sort of a different topic.
26:41Um we had talked about the idea of parking maximums a few years back, and I'd really like to revisit that because the whole my whole idea behind that was that you put a you put essentially a soft cap.
26:52We say you can only build X amount of parking spaces, but if you want to go over that, you've got to pay a luxury fee.
26:57And to me, a luxury fee would go very much into this as a revenue source.
27:02And so again, as to your point, disincentivizing surface parking lots, but incentivizing vertical structured parking and using almost the carrot as a stick.
27:13So stick with the carrot.
27:16Yeah, so the cost per space to so like maybe on campus corner or downtown, it would be a taller, have more levels to it, but it like the Wi-Fi could just be one deck that's above the parking that's already there, maybe two, but is it that much more expensive to do one deck versus having to do five?
27:40It's you know because regardless of how many stories you have to build the footings and the foundation to to carry a bunch of cars and move them.
27:52So it really isn't a question of three stories versus two, or you know, it's it's vertical.
27:58It's vertical scales.
28:00Yeah, at the hospital after two, the price even down after two.
28:04And it's already fire sprinkled and you've already got all the trades involved.
28:08Most of it's pre-fab on site, and then they're kind of yeah, build the erector site.
28:13So like McAllister Oklahoma has new parking garages in their downtown.
28:19Town of 20,000 people.
28:21And they're not like Grotage Mahals, they're very they're clearly built in the 80s, it looks like or 70s, even.
28:28But they're like one deck, so it's a service parking lot with a roof where they're parking on top of it.
28:33And so um, I've always felt like if McAllister, Oklahoma can have the parking garages.
28:39How can Norman not have a single one?
28:41Um that's not a private development or outside of OU.
28:45So uh, but yeah, I'm lean more towards including transit and parking together, even if our transit tax is only for transit, maybe that revenue helps it just being there on paper.
29:00There's revenue we get from transit dedicated, in addition to parking uh revenue that we get.
29:07And like you're saying, there's I mean, there's a four-story commercial building downtown on Main Street that has never had a tenant.
29:15It would if they could lease 50 parking spots right now.
29:20Um, but you know, we we could lease out all of the Gray Street parking lot right now, I'm pretty sure if we wanted to, but then we'd have a public parking lot that has no public spaces on the so I don't think that would go over very well.
29:31But um, but I I do think we are we I don't think we want to see more surface parking lots or buildings be torn down to add more parking downtown or campus corner, but if we can get the parking structures in there, and then we could start getting the vertical development we would want to see.
29:48Well, it's a council member Engels point, you know, when you go to most big cities, the parking garage is not just parking garage, it's ground floor commercial, then four floors parking, then four floors of residential, so it's the whole ecosystem.
30:00Um you start dropping those in places, then you've got some anchors and some things that really drive development investment.
30:07So I guess that was our questions portion.
30:14So uh what we'll do is we'll uh coordinate with uh Mr.
30:19Floyd and his parking structure folks to bring you those concepts as we finalize the indenture document.
30:28We'll probably do uh study session, followed by the adoption of the resolution enacting that trust study session just to see the final document, make sure it it meets all of your daughter dives and cross T's, and uh we'll be working simultaneously on what the structure of the financing looks like.
30:49We'll have an idea about how many uh spaces are in demand before we make our first call to the bone market.
30:59Councilman Government.
31:00Last thing I'll say on this is that we've got two intersecting timelines.
31:03One, the RTA and our ability to provide parking ride with the RTA.
31:08So if the RTA is online before we have a public parking garage downtown, I think we've missed a huge opportunity.
31:14So are there any thoughts on governance?
31:17Would you want to do it like we we do most of other trusts where council serves as trustees or okay?
31:23So this has that exact structure.
31:27Really, the the one that combines parking and transit, it's it's almost identical with just some additional purposes related to transit.
31:35Um if you'll take a look at that and let me know if you have any questions, and we'll bring it back to last year also to a study session.
31:46Okay, no further questions.
31:47We'll move on to item two, which is a discussion regarding a potential amendment to the guest room tax ordinance to include recreational vehicle parks.
31:58Again, thank you for scheduling them both on the same meeting.
32:02Um so just for the history here, we've had our our uh room tax since uh 1980, it was approved by the voters and then implemented in July of that year.
32:11Our original ballot question imposed an excise tax of four percent on rents received from the occupancy of hotel rooms, set up the whole structure for that collection of that tax, payment of that tax, exemptions and things like that.
32:25Uh it was all about the four percent on the occupancy of hotel rooms.
32:29Um and in the ordinance that was adopted by council and and part of this was uh limited the use of those receipts for encouraging promoting and fostering the convention and tourism development of the city.
32:42It also explicitly says uses in park development and in promotion of arts and humanities encourage promote and foster the convention and tourism development.
32:51So those are also purposes uh of the for the revenues of this uh from this tax.
32:58The original proposal in 1980 was two percent would go to the chamber of commerce for the promotion of conventional tourism, one percent of the tax would be for arts and humanities, and one for capital expenditures and administration related to parks.
33:12Um we the council at that time adopted an initial contract with the chamber.
33:18This was before we had a visit Norman or uh Norman Convention Visitors Bureau, and so the chamber administered that tax uh for a number of years uh for the promotion of convention and tourism.
33:30Um our contract our code also requires you to contract with someone for that service.
33:35Uh so it was never envisioned to be done in-house that we would contract with a not-for-profit to administer those funds for that to uh for that purpose in 1989.
33:46The Norman Arts and Humanities Council, which is now the Norman Arts Council, uh, was first contracted with for 25% of those uh remaining room tax revenues and those initial contracts.
33:57We took a three percent uh cut off the top to cover the administration of the tax, and then the remainder of it was split between uh the Norman Arts Council later with uh visit Norman who received 50% of the remaining room tax revenues, and then 25 the remaining 25 percent uh was allocated to the parks department.
34:18We've only increased it twice.
34:20Uh 2013 it went from four to five percent, and then in 2023 we increased it from five to eight percent.
34:27And 2023 that really changed the allocation uh because the reason for the increase was to fund the sports commission part of visit Norman.
34:36And so we came to council back then once it passed and and got uh revised contracts adopted by council.
34:44We increased the amount to cover the city's administrative costs to four percent, and so up the remaining 96%.
34:50You see some funky percentages in here, but uh this is just kind of how ended up initially they wanted to take percentages at the additional three percent.
35:01We'd had to kind of do some math to work out what that means for the remaining 96% when you kind of bring that down to the full 8% of the tax.
35:11Uh so it's 59.375% allocated to visit Norman of that a little less than 16%.
35:16It's dedicated to the promotion of sports tourism and improvements to Norman Sports Facilities specifically.
35:22Norman Arts Council still gets 25%, and the remainder, which is 15.6%, is allocated to the parks department.
35:31It's levied upon the gross proceeds or gross receipts derived from all rent for every occupancy of a room or rooms in a hotel and Norman enlisted rent is less than three dollars a day.
35:41I don't know where we might have rent less than three dollars a day at this point.
35:45Um, but certainly wouldn't want to add anything on top of that.
35:48You need something that cheap.
35:50Uh, there are some exceptions.
35:51So Norman residents do not pay this tax.
35:54Uh federal, state, local, and tribal government, if it's paid for directly by the government or the tribal nation, they're exempt from this tax.
36:02And then nonprofit organizations would pay directly by the organization.
36:06And that was modified back in 2021 to include tribal governments and also to make sure it's not just you know, hey, I work for the city, I'm here for vacation, I don't have to pay.
36:17We want it to be governmental events or nonprofit events uh that is necessitating the stay in order to exempt them from the tax.
36:25Hotel is defined very broadly.
36:28Building structures, trailers, other facilities where you can rent sleeping accommodations, includes hotels, tourist homes, houses, courts, motels, it goes on and on.
36:36It covers a lot of things.
36:38Uh, it does not include permanent resident facilities, which are uh rentals for more than 30 days that matches with our short-term rental ordinance.
36:46It's not a short-term rental if it's more than 30 days either.
36:53So does a university visiting basketball team playing OU and stays the night at Mbassy Suites.
37:03Are they paying the visitor tax?
37:05No, they're government and they're not employees of the government.
37:09So is the university itself paying.
37:14Technically speaking, like if the coach is an employee of the university, which sometimes they are, sometimes they aren't, and paying with a university credit card sort of thing, then the coach might be.
37:25But because the players are not employees, they would not be.
37:29Yeah, we think the athletic department and the school because they're separate entities that wouldn't benefit, right?
37:36What about in the NIL area?
37:38And I will tell you the employee.
37:46That question has never come up.
37:48Yeah, yeah, I'm just wondering, like, yeah, well uh who we got next week.
37:55Uh they'll probably not stay in Norman, I assume.
37:59But if they were staying in Norman at the embassy suites, the whole openness football team.
38:04The university itself or the athletic department is the one renting the rooms out and paying the bill on them, not the players, but it's usually the athletic department, which usually is a separate entity.
38:14It's usually and would be.
38:24And federal or they don't receive any federal or state funding like the university does.
38:29Mainly are we always trying to tell the hotels when in doubt collect the tax.
38:34And if someone wants to contest it, then they can.
38:39Okay, so assuming it probably might apply more to base or basketball and softball or other sports besides football, perhaps.
38:46But since the smaller teams are more likely to probably stay in a hotel in Norman.
38:51But uh, yeah, I was wondering, are we collecting the main point being are we collecting visitor tax from all the visiting sports teams that cover Norman?
38:59That are university affiliated.
39:04So when I read through the definition, you probably noticed it doesn't say anything about renting parking spaces for recreational vehicles.
39:11So those are not currently included in the tax rate or the application of the room tax.
39:16It would require an amendment to the code, section 12-502 to add uh a levy of eight percent upon spaces occupied by any recreational vehicle overnight in the city.
39:27Um it would also require voter approval because it is an expansion of the tax.
39:34And this this particular section was the ballot question.
39:37Uh, so we would have to go to voters to get approval for that.
39:41And I looked around and I was surprised that we we only have two RV parks.
39:47I'm obviously not driving around in RV and Norman, I guess, looking for one, so it was surprising to me.
39:52But they're both at uh governmental facilities, basically.
40:02They have 270 spaces.
40:04University properties generally going to be exempt from taxation, but this is a tax paid by the person renting this space.
40:10And so we need to work with the university if this were to go through and make sure that that's getting collected and remitted correctly.
40:18But I looked up to see how much it would cost to rent a space there for the old miss game.
40:23This is without uh electric connection.
40:25That's all that's left if you're interested in a space.
40:28Uh from Friday, October 24th at noon through Sunday at noon, it's 300.
40:33So to break that down for the room tax, 24 dollars would be the room tax per space rented, and then you could see the breakdown there for each of the um groups that receive some of that tax.
40:44Uh if every space was rented for the week weekend, it would represent uh six six thousand four hundred and eighty in room tax revenue.
40:52Um non-weekends, they rent them out for sixty-five dollars a night.
40:56Uh so same example, but for two nights.
40:59It's a ten dollar and forty cent room tax uh remittance, and then you see how it would be split between the various entities there.
41:07We also have the Cleveland County Fairgrounds, which has 51 spaces.
41:11Uh again, same issue, county properties generally going to be exempt from taxation, but this is paid by the person bringing the space, so we'd work with them to make sure that that's gonna be uh administered, collected and remitted to us.
41:23Uh that's a $35 per night rental rate, and you can kind of see some of how that would be um broken down between the various entities.
41:31The only other one I'm aware of is the Liberty Point RV Resort and Adventure Park.
41:36I know they're undergoing some revisions to the PUD that'll come to you at some point uh in the near future.
41:42So I don't know the timeline for that.
41:43I pulled the preliminary plat and a site development plan, and I couldn't figure out they have RVs, cabins, um the lamping and some other things they provide.
41:55I'm not sure how much of that is for recreational vehicles, and of course, there aren't any rates posted yet.
42:02So I don't know what kind of revenue we'd be looking at there potentially, but it is a very large development with a lot of spaces if it moves forward.
42:10So that that's the other uh location that we know of that that could be impacted if that project continues to move forward.
42:19So I think that was it.
42:21And it wasn't long ago when Airbnbs weren't part of our vernacular and the RBOs and all that kind of stuff.
42:31And now we've got I'm trying to remember the last number Jeannie gave us, but there's a bunch of them, and it really is advantageous to help close the gap between the demand and the hotel rooms available in Norman.
42:45It's new hotel projects are coming out of the ground.
42:49Um, and this is just the next, I think, one of those spaces that helps helps us make up for our hotel room deficit.
42:58Councilmember Dixon, I think you um I don't know if there's spots for them in Canadian shores over on Main Street or at the mobile home park at um over by Whittier on Brooks.
43:13But um fun fact um I used to live for two years in college in a 32-foot fifth wheel travel trailer.
43:21Um at the I don't remember the name of the park, but it's now where the Walmart is.
43:27One point my address was 7A Street, and then it changed to a couple different ones, and it was 2601 Class and lot 7A.
43:34But um and I drove a four torus, I couldn't even move the thing if I wanted to.
43:40Um I think I don't know if these have spots, but if there's you know, somebody and I people are living in Fifth Wheels these days.
43:51So I I would think maybe if it's gonna be you know longer than 30 days, kind of like with the actual hotel you know tax where an Airbnb doesn't qualify or I'm confusing myself as I'm talking, but would we do the same rate on somebody's RV that's there greater than 30 days or 60 or 90?
44:14It's I think if it's considered uh longer, if it's longer than 30 days, it's considered to be a long-term rental and not a hotel, subject to not a hotel or in this case recreation vehicles subject to the tax.
44:28That bears a question that was in my mind about okay.
44:31So there's a distinction between RVs and mobile homes here, right?
44:36Where there's a lot of mobile home parking.
44:39That's not what this addresses, correct?
44:44Um, I wanted to, and if you guys have some ideas, please tell me.
44:49I started thinking about all these uh camper vans and uh sprinter vans that people convert and and does recreational vehicle really um cover all those, so we probably want to add a definition of recreational vehicle to the code just to make it clear what would it apply to, but we want to capture all of those that are being used for travel.
45:09Um I played around with some language, you know, for sleeping vehicles that have sleeping accommodations in them, and then as I'm Googling, well, a lot of cars advertise their sleeping accommodations that are not recreational vehicles or not camper vans or things like that.
45:22So like Scottsport tours.
45:26Don't use the term transient lodging, I think, in some sections of the code because room tests.
45:33Yeah, and in that definition of hotel, it's it's explicitly says it does not need permanent resident facilities over 30 days.
45:40So we would want to include that in the uh recreational vehicle definition too.
45:47Um heard from Norman Arts Council community and others um that they would support that.
45:54Uh and one person I'm thinking of specifically with the round table was like, you need to get this on the ballot now.
46:02So um, so yeah, I'm favorable to and I also like the idea of sussing out what a recreational vehicle is, and also to say that Norman residents are exempt from this.
46:13So if you're long-term living in something that could be considered a recreational vehicle, it still doesn't apply to you.
46:21And even um when we were discussing rates in the 2023 election, Oklahoma City, they said we're gonna watch you, we're gonna see how you guys do, and if you guys are successful, we're gonna raise ours.
46:33Well then they raise theirs higher than ours.
46:36So I think they're I don't know if they're at nine.
46:39Um, but it's it's it would not be unheard of to think we should be the same uh here in Norman.
46:49So something to consider when that ordinance comes forward.
46:52Something else I'd like to consider just because we are talking about uh parking garages and things like that with the new trend of like sprinter vans and things being converted.
47:02Maybe we have lighter hookups and parking garages where people can have spaces for the vans that are covered and still have hookups and things like that.
47:12I don't know if that all if that all can jive, but then you would have kind of a destination around those.
47:18If you're already doing active street frontage, all your utilities are already in.
47:24Councilmember Dixon.
47:25Just to piggyback on that, if if we're gonna I mean, if we're gonna put a Tesla charger and in any of these, super easy to you know, just add a 30 amp or 50 amp RV hookup.
47:37I mean, it costs an extra 50 bucks, probably to me, nothing to do.
47:43Um I like the idea of hookups in the garage, and I was just thinking about Gray and Peters.
47:48If you're having a festival like Norman Music Fest, and you've got people coming in, uh vendors especially, yeah, that's not a bad idea.
48:00This is going to that's why we have these little notes.
48:04Is your next slide question?
48:12So uh explore the feasibility of that and can we get it on a ballot?
48:20Uh Catherine's recovering from Tommy John's surgery.
48:23She's been throwing that knuckleball far too often.
48:27So Councilmember Peacock, did you have to do that?
48:30I was just gonna say very much like Council Mr.
48:32Grant said we've got we were trying to fill a ballot for April with items.
48:36I think this you know makes perfect sense to throw on a ballot with potential charter changes and street band spawn potentially.
48:44I don't know if you're overloading it at that point, but would you rather have it overloaded or would you rather go 17 times to the polling place?
48:53That's a good qu I holdman's talked about this a lot about you know when we did our last charter provisions, charter election.
49:01First page ballot, all the questions get filled out, and then you flip it over, and it's like 80% filled it out, 60%.
49:08Like the further you get down the questionnaire, the less return you have on answers.
49:13So I don't know that I gotta well and and our ability to try to figure that out.
49:17I think Oklahoma City had 11 questions 75 to 85 percent all the way down.
49:23So fast if the if the percentage of yeses and no's doesn't change.
49:29Is I wonder from question one to question 11.
49:32We do find the difference.
49:33I don't know the answer to that either, but I can tell you that they don't care.
49:37Right, just go, baby.
49:43But I think we're thinking about like four or five more.
49:47No further questions on this topic.
49:49Uh we will move to Mr.
49:51Francisco for his report.
49:53And in the interest of your time, I will just you know try to respond to any questions that you have.
50:00Um you've seen the October sales tax, and I would just remind you that the October sales tax was reflective of August with the adjustment for the um supposed credit to our sales tax for the sales tax holiday weekend, um, which I'm never hate.
50:20Yeah, well, first that I hate, but second, I'm I'm uncertain about what how they do that credit.
50:27It might actually work to our benefit.
50:30And I've never been very comfortable with that.
50:32So but we're still flat, amazingly flat.
50:41Again, we budgeted for flat, so we're on budget, but still um one of the things, and in you know, I'll tell you you'll always hear from your finance director always here, city manager, or you know, job one protect the general fund, and in these times of insanely flat sales tax revenue, and it's not just Norman.
51:00I mean, it's we're talking to all of our metro partners, and when the sales tax report shows up, there's a tab for every city across the bottom, so you get to see everybody else uh year to year, and uh you know, month over same month prior year and all that stuff.
51:13So um all the city managers in the metro, we we sat around and scratched our heads and thought, what where's it where's it going?
51:24Um activity appears to be at all-time highs.
51:29I mean, our restaurants are busy, we know our you know, national pastime is baseball and going out to eat, darn it.
51:35Uh the mall's busy, um UNP is busy.
51:42Uh the university population continues to grow, and we kind of conclude, well, you know, there's only three individuals for the entire state of Oklahoma that go around and make sure everybody's paying their taxes on time.
51:55So is there not really an incentive to be that speedy with your reporting and your filing?
52:02Uh statistically speaking, however many points of sale there may be in the state of Oklahoma.
52:06You got three people watching to make sure your returns are coming in and the checks are attached and all that kind of stuff.
52:13So it we know with all the experience Mr.
52:18Francisco has tracking this thing uh in the state of Oklahoma specifically, it's so different all the time.
52:28I don't know if 30 years' experience really even gives you an edge at this point, just the way that's a good idea.
52:33Well, I know we're all have a lot more auditors, so there's a tax commission used to have a lot more auditors than we do now, and that was a budget cut, several budget cuts.
52:41Um which reduced revenue to the state of Oklahoma.
52:44I mean, though that's a position you shouldn't be getting.
52:49They're still doing quite a few audits every month, though, specifically.
52:52I mean, in all cities, but in Norman, I see like 10 audits a month.
52:56We'd love to see AI maybe play a role for the state in that.
53:00Francisco um and Kim, they put together a report.
53:05Uh we're pulling data on a on a per pay period basis.
53:09Um, and in order to uh ensure that that we stay uh well within budget.
53:18Um, we've slow played filling vacancies and uh take into account of you know vacation buyout for a retiree, that kind of thing.
53:29And I think um as per last payday, and I'll Kim she can hit me in the back of that.
53:35This is right, we were about 38% of the payroll budget year completed, and we were like 30.8 percent of the budget spent, and that's because those vacancies aren't getting filled immediately, so that's kind of our control rod.
53:53Council adopts a budget, the ability to slow down the hiring, and slows down the expenditure, and it's 80 plus percent of what makes up the budget is bodies, so um, we we're watching that not just monthly, but every pay period running that report, and everybody's plowing in to see how we're doing.
54:10And usually we let our department directors when the water hits their lower lip and they're just about ready to go under, then we might squeeze through a recruitment, but we make them sweat it out pretty good before they uh get one through.
54:25The unrestricted sales tax graph is the one that I really want to encourage residents and all of us to pay attention to when thinking about the context of our budget situation.
54:38So August is the fourth best month we've ever had on record, and uh is the best month we've had so far, FYE 2026.
55:00It is down compared to the highest last October was the highest October we've have on record.
55:04Because anything prior to 2019 isn't to the levels that we're bringing in now, at least as far as I know.
55:10And so we're comparing it like when we say that we have negative 1.08%, but that's compared to the highest month we've ever had.
55:26Yeah, or highest October we've ever had, which was last October.
55:30Because it last August, I guess.
55:32Yeah, when you look at that graph and you go back far enough, we we we had a relatively steady slow growth rate, and then this seven and a half, eight million dollar jump to a new plateau.
55:45Yeah, and uh, I mean, we were counting how many people bought Pelotons instead of went on vacation during COVID, and you know, then CARES Act money and ARPA and those kinds of things, which are now pretty well dried up in the economy, and that that may be keeping downward pressure on what that growth looks like.
56:04Well, in this October chart, too, um the bar graphs going back to FYE 2022 are just almost a straight line all the way across last October being the higher, but in all the other months, there's a little bit of more variation, but this October one shows almost a straight line across the top uh for whatever reason.
56:25But um, and then like I've said before, last January, when you look at it on this chart, reflecting November, I guess the best month we've ever had on record in sales tax revenue, and that was bumping up to almost eight million dollars collected in one month compared to uh FYE 2019 through 21.
56:50You're looking at right at six million dollars.
56:52So we're bringing in almost two million dollars more per month in revenue compared to where we were at five years ago.
56:59So that the rate's not declining, it's just relative to the rate.
57:04The rate is declining.
57:05The rate really increased in fiscal year 21.
57:08The coming out of COVID and the and the inflation factor was built in that year, and it's kind of as Mayor Holm says it was kind of stayed flat from there.
57:20August, October sales tax has become the second largest month of the fiscal year, period.
57:28That's moving on, yeah, yeah.
57:30February is not nearly what it used to be, tracking December.
57:34Um November is tracking now as the second biggest month.
57:38So it's the when you're comparing one month to the same month in the prior fiscal year, um, the trends start to play themselves out.
57:48Okay, but the trends of that, you know, COVID.
57:55Well, that's what I was just about to say.
57:57What we you know, what is really and I'm you know, I have this bad habit of drawing grass with my hands.
58:03But but I I hope that I can demonstrate what I'm talking about.
58:08I think what I was really trying to say is that it's it's still relative to historic growth.
58:12I mean, it's still higher than we produced in 2019, 2018, 2017 years ago back.
58:17So to say that we say that Norman's in decline, I think is a misnomer.
58:22Say that Norman is in revenue decline is a bit of a misnomer.
58:26Yes, but from recording from record highs again.
58:29We really should start to show some grass like that for expenditures because again, well, that's good.
58:34That's that was about to follow that up with.
58:36Um prices have got up, buying power stay the same.
58:39Future reports and prices of goods should come down.
58:41And when we look when we look at all of our neighboring agencies, and you'll see some of the smaller agencies, and while we're flat in the metro, one of our smaller neighboring agencies will see this huge jump.
58:52And you can call them and ask them what happened.
58:54Oh, we open a Chick-fil-A.
58:55I mean, and they'll tell you exactly the store, and it changes the entire revenue picture for uh one of those communities.
59:02So um there is in in the smaller agencies, it's easier to identify those change activities.
59:09I I'm kind of thinking about man, with a federal shutdown, what what might happen in Midwest City with so many tinker uh residents uh there, and that you know, they're we're gonna start tightening up the belts in anticipation of not getting a paycheck for a while, and you know that that's just kind of the it it weighs on you mentally when you're preparing to go out and spend council member beacon.
59:29To the point of all these metro cities are kind of in the same boat, everybody's seeing the same numbers.
59:34Uh what's different about those cities and us is they can raise utility rates.
59:38So I think that's just uh something else to keep in mind as we look at flat, we have no other mechanism to raise like other cities do.
59:48So we are operating at a disadvantage because I just put a chick-fil-a in every parking garage.
59:54Yeah, so this is sales tax.
59:56So when we're building like housing, are we regenerating sales tax off of that?
1:00:00Yes, to the extent that the whoever is building up the structures, you know, having their lumber delivered here or having the shingles delivered here.
1:00:15Depending on where they're delivered.
1:00:17Yeah, to me, it's always been a bit of a mystery what change activities actually impact us because I know some of the things I think probably like downtown having a art walker, it's like a drop in the bucket compared to the rest of the city.
1:00:31So it's kind of curious to like like when the new when the new super target opens down south, it'll be interesting to see.
1:00:38I mean, it's just anecdote.
1:00:41But but how much business will go from the existing super target to that one versus how much business will come from no one?
1:00:48I'm just about saying that.
1:00:49So there and we recognize that Target does all kinds of data analytics to determine we need a second store, we're overshopped.
1:00:59If they were only going to consume their existing store, they wouldn't show out 14 million dollars and build another one.
1:01:05I think they're gonna double it.
1:01:06So they they recognize the the demand is there and continues to grow.
1:01:11So um we it's really hard for us to second guess you know corporate investment.
1:01:18Um they they don't miss very often.
1:01:21Well, I think it's the same kind of activity you see with North Park is there's nothing really like that in between here and Artmore Denton.
1:01:28So what's the furthest south target from the metro?
1:01:32I don't think Target I don't think Armor has one.
1:01:35Oh, I thought you meant like what's the furthest up south target like people.
1:01:39There may be people in Ada that are in person.
1:01:42I don't know if it's a super bowl.
1:01:44There may not be anybody from ADA that's ever gone to Target because it's too far away, and we may get it a little closer.
1:01:50So when we see jumps, could we kind of guess where it's coming from?
1:01:54Whether it's a new store opening, when we see jumps in revenue, yes.
1:01:58We we have the ability to track revenue by by permit by individual store.
1:02:04But how do we determine what caused this jump is a separate question?
1:02:10Um, so and and as Darrell says, it's much harder to move the Titanic of Norman than the paddle boat of Slaughterville.
1:02:21You know, they put in a Chick-fil-A in you know an Isabel.
1:02:24We put in a Chick-fil-A in here.
1:02:26We put in a Chick-fil-A.
1:02:27I mean, you know, it's franchise Mark.
1:02:31Uh also the city, the city comparison to again, all these numbers are compared to whatever their numbers were last year.
1:02:39I don't know what those are, but every city except for Tulsa has a negative in front of their number, and like Edmund negative 5.4 percent, more negative 3.5, yeah.
1:02:52Oklahoma City negative 1.87, us negative 1.8.
1:02:56So Tulsa was just a plus 1.02 percent.
1:03:02So and then state hasn't reported since the August, and that they were down negative nine nine point seven eight percent, negative nine percent overalls you know uh Norman City Council, the reason for all those cities being sure.
1:03:19Oh, but is that their grocery sales tax reduction?
1:03:22If only we had taken the Warren Theater, all of uh all these cities would have higher sales taxes.
1:03:27Are there any other questions for Mr.
1:03:29Francisco or his staff?
1:03:32This meeting is adjourned.
1:03:35Um, and just note with uh