City Council Meeting

City of Norman, OK Municipal Building Council Chambers 201 West Gray Norman, OK 73069 Meeting Agenda Tuesday, July 23, 2019 6:30 PM AMENDED City Council, Norman Utilities Authority, Norman Municipal Authority, and Norman Tax Increment Finance Authority City Council It is the policy of the City of Norman that no person or groups of persons shall on the grounds of race, color, sex, religion, national origin, place of birth, age, familial status, disability, retaliation, or genetic information, be excluded from participation in, be denied the benefits of, or otherwise subjected to discrimination in employment activities or in all programs, services, or activities administered by the City, its recipients, sub-recipients, and contractors. In the event of any comments, complaints, modifications, accommodations, alternative formats, and auxiliary aids and services regarding accessibility or inclusion, please contact the ADA Technician at 405-366-5424, Relay Service: 711. To better serve you, five (5) business days' notice is preferred. City Council Meeting Agenda July 23, 2019 1 Roll Call 2 Pledge of Allegiance Minutes 3 GID-1920-7 APPROVAL OF THE MINUTES AS FOLLOWS: CITY COUNCIL STUDY SESSION MINUTES OF MAY 7, 2019 CITY COUNCIL STUDY SESSION MINUTES OF MAY 14, 2019 CITY COUNCIL STUDY SESSION MINUTES OF MAY 21, 2019 CITY COUNCIL CONFERENCE MINUTES OF MAY 27, 2019 CITY COUNCIL MINUTES OF JULY 2, 2019 CITY COUNCIL MINUTES OF JULY 9, 2019 NORMAN UTILITIES AUTHORITY MINUTES OF JULY 9, 2019 NORMAN MUNICIPAL AUTHORITY MINUTES OF JULY 9, 2019 NORMAN TAX INCREMENT FINANCE AUTHORITY MINUTES OF JULY 9, 2019 Attachments: Text File May 7 Study Session Minutes May 14 Study Session Minutes May 21 Study Session Minutes May 28 Conference Minutes July 2 CC Minutes July 9 CC Minutes ACTION NEEDED: Acting as the City Council, Norman Utilities Authority, Norman Municipal Authority, and Norman Tax Increment Finance Authority, motion to approve or reject the minutes; and, if approved, direct the filing thereof. ACTION TAKEN: __________________________________________ Proclamation 4 P-1920-2 PROCLAMATION P-1920-2: A PROCLAMATION OF THE MAYOR OF THE CITY OF NORMAN, OKLAHOMA, PROCLAIMING SATURDAY, JULY 27, 2019, AS “TOURIST FOR A DAY” IN THE CITY OF NORMAN. Attachments: Text File Tourist for a Day ACTION NEEDED: Motion to acknowledge receipt of Proclamation P-1920-2 proclaiming Saturday, July 27, 2019, as "Tourist for a Day" in the City of Norman and direct the filing thereof. ACTION TAKEN: __________________________________________ City of Norman, OK Page 2 Printed on 7/22/2019 City Council Meeting Agenda July 23, 2019 5 Consent Docket Consent Docket This item is placed on the agenda so that the City Council, by unanimous consent, can designate those routine agenda items that they wish to be approved or acknowledged by one motion. If any item proposed does not meet with approval of all Councilmembers, that item will be heard in regular order. Staff recommends that Item 6 through Item 21 be placed on the consent docket. ACTION NEEDED: Motion to place Item _____ through Item _____ on the Consent Docket by unanimous vote. ACTION TAKEN: ____________________________________________ ACTION NEEDED: Acting as the City Council, Norman Utilities Authority, Norman Municipal Authority, and Norman Tax Increment Finance Authority, motion to approve or acknowledge all items on the Consent Docket subject to any conditions included in the individual action needed by item. ACTION TAKEN: ______________________________________________ Ordinance City of Norman, OK Page 3 Printed on 7/22/2019 City Council Meeting Agenda July 23, 2019 6 O-1920-4 CONSIDERATION OF ORDINANCE O-1920-4 UPON FIRST READING BY TITLE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AMENDING SECTION 13-108, IN ARTICLE I OF CHAPTER 13 (LICENSES AND OCCUPATIONS); AMENDING ARTICLE XXXIV, SECTIONS 13-3401 THROUGH 13-3407, IN CHAPTER 13 (LICENSES AND OCCUPATIONS); AMENDING SECTIONS 420.1 (A-1, GENERAL AGRICULTURAL DISTRICT), 420.2 (A-2, RURAL AGRICULTURAL DISTRICT), 422.7 (RO, RESIDENCE-OFFICE DISTRICT), 422.9 (O-1, OFFICE INSTITUTIONAL DISTRICT), 423.1 (CO, SUBURBAN OFFICE COMMERCIAL DISTRICT), 423.2 (C-1, LOCAL COMMERCIAL DISTRICT), 424.1 (C-2, GENERAL COMMERCIAL DISTRICT), 424.2 (TC, TOURIST COMMERCIAL DISTRICT), 424.3 (CR, RURAL COMMERCIAL DISTRICT), 425.1 (C-3, INTENSIVE COMMERCIAL DISTRICT), 426.1 (I-1, LIGHT INDUSTRIAL DISTRICT), 428.1 (M-1, RESTRICTED INDUSTRIAL DISTRICT), 429 (MUD, MIXED USE DEVELOPMENT DISTRICT), ALL IN ARTICLE XI OF CHAPTER 22 (ZONING ORDINANCE); AND AMENDING SECTION 450 (DEFINITIONS), IN ARTICLE XIV OF CHAPTER 22 (ZONING ORDINANCE); ALL IN ORDER TO UPDATE LICENSING FOR MEDICAL MARIJUANA ESTABLISHMENTS AS ALLOWED BY STATE LAW, TO ADD AND UPDATE PERMITTED AND SPECIAL USES TO THE ZONING ORDINANCE TO ALLOW FOR THE LOCATION OF MEDICAL MARIJUANA ESTABLISHMENTS AND USES IN CONFORMANCE WITH STATE LAW, AND TO ADD DEFINITIONS AND OTHER RELATED PROVISIONS; DECLARING AN EMERGENCY AS PROVIDED BY ARTICLE XII, SECTION 5 OF THE CHARTER OF THE CITY OF NORMAN; AND PROVIDING FOR THE SEVERABILITY THEREOF. Attachments: Text File Staff Report O-1920-4 Annotated O-1920-4 Clean 7-11-19 PC Minutes ACTION NEEDED: Motion to Introduce and adopt Ordinance O-1920-4 upon First Reading by title. ACTION TAKEN: _______________________________________ Report/Communication City of Norman, OK Page 4 Printed on 7/22/2019 City Council Meeting Agenda July 23, 2019 7 RPT-1920-1 SUBMISSION AND ACKNOWLEDGING RECEIPT OF THE FINANCE DIRECTOR’S INVESTMENT REPORT AS OF JUNE 30, 2019, AND DIRECTING THE FILING THEREOF. Attachments: Text File Finance Investment Report ACTION NEEDED: Motion to acknowledge receipt of the report and direct the filing thereof. ACTION TAKEN: _________________________________ 8 RPT-1920-3 SUBMISSION AND ACKNOWLEDGING RECEIPT OF THE MONTHLY DEPARTMENTAL REPORTS FOR THE MONTH OF JUNE, 2019, AND DIRECTING THE FILING THEREOF. Attachments: Text File Monthly Report June 2019 ACTION NEEDED: Motion to acknowledge receipt of the reports and direct the filing thereof. ACTION TAKEN: _________________________________ 9 RPT-1920-7 SUBMISSION AND ACKNOWLEDGING RECEIPT OF THE CITY MANAGER’S CHANGE ORDER REPORT AND DIRECTING THE FILING THEREOF. Attachments: Text File Change Order 18- Central Library ACTION NEEDED: Motion to acknowledge receipt of the report and direct the filing thereof. ACTION TAKEN: _________________________________ 10 RPT-1920-6 SUBMISSION OF THE NORMAN REGIONAL HEALTH SYSTEM 2020 BUDGET. Attachments: Text File NRHS Budget ACTION NEEDED: Motion to acknowledge receipt of the report and direct the filing thereof. ACTION TAKEN: _________________________________ Request for Payment City of Norman, OK Page 5 Printed on 7/22/2019 City Council Meeting Agenda July 23, 2019 11 GID-1920-3 CONSIDERATION OF PAYMENT OF FYE 2020 DUES ASSESSMENT IN THE AMOUNT OF $65,394 TO THE ASSOCIATION OF CENTRAL OKLAHOMA GOVERNMENTS (ACOG) FOR THE PERIOD OF JULY 1, 2019, THROUGH JUNE 30, 2020. Attachments: Text File ACOG Dues ACTION NEEDED: Motion to approve or reject payment of FYE 2019 dues assessment in the amount of $65,394 to the Association of Central Oklahoma Governments through June 30, 2020. ACTION TAKEN: __________________________________________ Contract City of Norman, OK Page 6 Printed on 7/22/2019 City Council Meeting Agenda July 23, 2019 12 K-1819-136 CONSIDERATION OF AWARDING BID 1819-48, GROUPS C, F, H, J, K, P, R, U, V, W, Y, AND CC; CONTRACT K-1819-136 BY AND BETWEEN THE NORMAN MUNICIPAL AUTHORITY AND MCKINNEY OFFICE SUPPLY, INC., IN THE AMOUNT OF $167,024.38, AND ACCEPTANCE OF AN ASSOCIATED LETTER OF CREDIT IN LIEU OF REQUIREMENT FOR PERFORMANCE BOND, STATUTORY BOND, AND MAINTENANCE BOND FOR THE PURCHASE AMD INSTALLATION OF FURNITURE AND ACCESSORIES FOR THE NORMAN PUBLIC LIBRARY CENTRAL. Attachments: Text File Contract K-1819-136 - McKinney Office Supply - Central Library Furniture Contract Irrevocable Letter of Credit - signed Group C Group F Group H Group J Group K Group P Group R Group U Group V Group W Group Y Group CC PR McKinney ACTION NEEDED: Acting as the Norman Municipal Authority, motion to accept or reject all bids meeting specifications for Groups C, F, H, J, K, P, R, U, V, W, Y, and CC; and, if accepted, award the bid in the amount of $167,024.38 to McKinney Office Supply, Inc., as the lowest and best bidder meeting specifications; approve Contract K-1819-136 and the performance, statutory, and maintenance bonds; authorize execution of the contract and bonds; and direct the filing of the bonds. ACTION TAKEN: ________________________ City of Norman, OK Page 7 Printed on 7/22/2019 City Council Meeting Agenda July 23, 2019 13 K-1819-132 AMENDMENT NO. ONE TO CONTRACT K-1819-132: BY AND AMD #1 BETWEEN THE NORMAN MUNICIPAL AUTHORITY AND FLINTCO, L.L.C., INCREASING THE CONTRACT AMOUNT BY $789,352 FOR A REVISED CONTRACT AMOUNT OF $844,352 FOR CONSTRUCTION MANAGEMENT AT RISK SERVICES TO PROVIDE CONSTRUCTION OF THE NORMAN FORWARD GRIFFIN PARK PHASE III PROJECT. Attachments: Text File Flintco Amendment 1 - Griffin Park Ph III - Revised ACTION NEEDED: Acting as the Norman Municipal Authority, motion to approve or reject Amendment No. One to Contract K-1819-132 with Flintco, L.L.C., increasing the contract amount by $789,352 for a revised contract amount of $844,352; and, if approved, authorize the execution thereof and the Mayor to sign performance, statutory, and maintenance bonds contingent upon the City Attorney's approval. ACTION TAKEN: ____________________________________ 14 K-1920-22 CONTRACT K-1920-22: A CONTRACT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND OLSSON, INC., IN AN AMOUNT NOT-TO-EXCEED $750,459,84 TO PROVIDE PROGRAM MANAGEMENT SERVICES FOR THE 2019 BOND PROJECTS, AND ADOPTION OF RESOLUTION R-1920-19 APPROPRIATING AND TRANSFERRING FUNDS FOR THE PROJECT. Attachments: Text File Contract K-1920-22 R-1920-19 Appropriation Table 2019 Bond Projects List and Map Requisition ACTION NEEDED: Motion to approve or reject Contract K-1920-22 with Olsson, Inc., in an amount not-to-exceed $750,569.84; and, if approved, authorize the execution thereof and adopt Resolution R-1920-19. ACTION TAKEN:___________________________________ City of Norman, OK Page 8 Printed on 7/22/2019 City Council Meeting Agenda July 23, 2019 15 K-1920-24 CONTRACT K-1920-24: A CONTRACT BY AND BETWEEN THE NORMAN UTILITIES AUTHORITY, THE OKLAHOMA WATER RESOURCES BOARD AND THE U.S. GEOLOGICAL SURVEY IN THE AMOUNT OF $5,900 TO PROVIDE FOR CANADIAN RIVER WATER QUALITY AND WATER QUANTITY MONITORING THROUGH JUNE 30, 2020. Attachments: Text File FYE20 USGS-OWRB Stream Monitoring Agreement.pdf ACTION NEEDED: Acting as the Norman Utilities Authority, motion to approve or reject Contract K-1910-24 with the Oklahoma Water Resources Board and the U.S. Geological Survey in the amount of $5,900 for Fiscal Year 2020; and, if accepted authorize the execution thereof. ACTION TAKEN: _______________________________________________ 16 K-1920-27 CONTRACT K-1920-27: A CONTRACT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND THE ALTERNATIVE DISPUTE RESOLUTION SYSTEM OF THE STATE OF OKLAHOMA FOR THE PURPOSE OF CERTIFYING NORMAN’S DISPUTE MEDIATION PROGRAM BEGINNING JULY 1, 2019, AND ENDING JUNE 30, 2020. Attachments: Text File K-1920-27 ACTION NEEDED: Motion to approve or reject Contract K-1920-27 with the Alternative Dispute Resolution System of the State of Oklahoma through June 30, 2020; and, if approved, authorize the execution thereof. ACTION TAKEN:___________________________________ 17 K-1920-29 CONTRACT K-1920-29: A CONTRACT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND CENTER FOR CHILDREN AND FAMILIES, INC., IN THE AMOUNT OF $120,000 FOR USE IN THE BOYS & GIRLS CLUB OF NORMAN. Attachments: Text Files K-1920-29 ACTION NEEDED: Motion to approve or reject Contract K-1920-29 with Center for Children and Families, Inc., in the amount of $120,000; and, if approved, authorize the execution thereof. ACTION TAKEN:___________________________________ WCC Court City of Norman, OK Page 9 Printed on 7/22/2019 City Council Meeting Agenda July 23, 2019 18 GID-1920-6 CONSIDERATION OF THE CITY ATTORNEY’S RECOMMENDATION FOR APPROVAL OF A COURT ORDER IN THE AMOUNT OF $16,957.50 REGARDING KYLE L. BERNHARDT V. THE CITY OF NORMAN, WORKERS’ COMPENSATION COMMISSION CASE 2018-00235 R (BACK). Attachments: Text File June 27, 2019 Order-Kyle Bernhardt Bernhardt Order - PRs - CC 7-23-19 ACTION NEEDED: Motion to approve or reject the City Attorney's recommendation; and if approved, authorize compliance with the Workers' Compensation Court Order and direct payment of claims in the amount of $16,957.50, which will constitute judgment against the City of Norman. ACTION TAKEN: ___________________________________ Resolution 19 R-1819-66 AMENDMENT NO. ONE TO RESOLUTION R-1819-66: A RESOLUTION Amd #1 OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, ESTABLISHING A CHARTER REVIEW COMMISSION FOR THE PURPOSE OF CONDUCTING A TARGETED REVIEW OF THE NORMAN CITY CHARTER AND TO REPORT ITS FINDINGS TO THE CITY COUNCIL. Attachments: Text File Amendment to R-1819-66 Clean Amdment R-1819-66 annotated ACTION NEEDED: Motion to approve or reject Amendment No. One to Resolution R-1819-66. ACTION TAKEN: _________________________________ 20 R-1920-11 RESOLUTION R-1920-11: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, APPROPRIATING $90,289.75 REFUNDED FROM THE OKLAHOMA DEPARTMENT OF TRANSPORTATION TO BE USED FOR THE 24TH AVENUE EAST WIDENING PROJECT. Attachments: text File R-1920-11 Location Map ODOT Refund Letter ACTION NEEDED: Motion to adopt or reject Resolution R-1920-11. ACTION TAKEN: _______________________________________ City of Norman, OK Page 10 Printed on 7/22/2019 City Council Meeting Agenda July 23, 2019 Resolution WCC 21 R-1920-16 RESOLUTION R-1920-16: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AUTHORIZING JOINT PETITION SETTLEMENTS OF THE CLAIMS FILED BY CHRIS KOSCINSKI UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION STATUTES OF THE STATE OF OKLAHOMA IN THE CASES OF CHRIS KOSCINSKI V. THE CITY OF NORMAN, WORKERS’ COMPENSATION COMMISSION CASE NOS. 2015-06809 A; 2015-06363 K; 2016-00738 H; and 2017-00239 Q; DIRECTING THE LEGAL DEPARTMENT TO THEN FILE SUCH SETTLEMENT AND ALL ATTENDANT COSTS IN THE WORKERS' COMPENSATION COMMISSION, OKLAHOMA CITY, OKLAHOMA; AND AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO SUBSEQUENTLY PURCHASE SUCH WORKERS' COMPENSATION COMMISSION JUDGMENT FROM THE RISK MANAGEMENT INSURANCE FUND. Attachments: text File Koscinski Res-1920-16 cc 7-23-19 Koscinski-Release R-1920-16 Koscinski PR R-1920-16 cc 7-23-19 ACTION NEEDED: Motion to adopt or reject Resolution R-1910-16. ACTION TAKEN: _______________________________________ Non-Consent Items City of Norman, OK Page 11 Printed on 7/22/2019 City Council Meeting Agenda July 23, 2019 22 O-1920-3 CONSIDERATION OF ORDINANCE O-1920-3 UPON SECOND AND FINAL READING: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA IMPLEMENTING AMENDMENTS THROUGHOUT THE CENTER CITY FORM BASED CODE (“CCFBC”), WHICH IS INCORPORATED BY REFERENCE IN CHAPTER 22 OF THE CITY CODE AT SECTION 429.7, TO REPLACE, SUPPLEMENT, OR CORRECT LANGUAGE THROUGHOUT THE CCFBC TO RESOLVE INCONSISTENCIES OR INACCURACIES, INCLUDING THE INTRODUCTION, PART 2 (“ADMINISTRATION, APPLICATION PROCESS & APPEALS”), PART 3 (“THE REGULATING PLAN”), PART 4 (“BUILDING FORM STANDARDS”), PART 5 (“URBAN SPACE STANDARDS”), AND PART 8 (“DEFINITIONS”); TO AMEND REFERENCES TO BUILDING FORM STANDARDS AND AMEND SECTION 303 (“THE ILLUSTRATIVE REGULATING PLAN”) WITHIN PART 3 (“THE REGULATING PLAN”); TO AMEND AND SUPPLEMENT GENERAL PROVISIONS AND THE BUILDING FORM STANDARDS IN PART 4 (“BUILDING FORM STANDARDS”); TO AMEND REQUIREMENTS IN PART 6 (“PARKING AND LOADING STANDARDS”); TO AMEND AND SUPPLEMENT USES IDENTIFIED IN PART 7 (“BUILDING FUNCTIONS”), INCLUDING THE ADDITION OF A SPECIAL USE FOR DWELLING UNITS WITH FOUR OR MORE BEDROOMS TO SECTION 704 (“DEVELOPMENT AND PERFORMANCE STANDARDS”); TO AMEND AND ADD DEFINITIONS TO PART 8 (“DEFINITIONS”); TO ADD PART 9 (“SITE DEVELOPMENT REQUIREMENTS”); AND TO MAKE OTHER LANGUAGE ALTERATIONS AS NECESSITATED BY OR CONSISTENT WITH THESE AMENDMENTS, DECLARING AN EMERGENCY, AND PROVIDING FOR THE SEVERABILITY THEREOF. Attachments: text File Staff Report O-1920-3 CCFBC Clean Copy Annotated O-1920-3 - CCFBC Amendments 6-27-19 Pre-Development Minutes - CCFBC 7-8-19 PC Minutes - CCFBC CCFBC Final 7-23-19 ACTION NEEDED: Motion to adopt or reject Ordinance O-1920-3 upon Second Reading section by section. ACTION TAKEN: _____________________________________ ACTION NEEDED: Motion to approve Emergency Section No. 8. ACTION TAKEN: _____________________________________ ACTION NEEDED: Motion to adopt or reject Ordinance No. O-1920-3 upon Final City of Norman, OK Page 12 Printed on 7/22/2019 City Council Meeting Agenda July 23, 2019 Reading as a whole. ACTION TAKEN: _____________________________________ 23 Council Comments Miscellaneous Discussion This is an opportunity for citizens to address City Council. Remarks should be directed to the Council as a whole and limited to three minutes or less. 24 GID-1920-9 CONSIDERATION OF ADJOURNING INTO AN EXECUTIVE SESSION AS AUTHORIZED BY OKLAHOMA STATUTES, TITLE 25 § 307(B)(4) TO DISCUSS PENDING LITIGATION ASSOCIATED WITH GOLDEN TRIBE, L.L.C., VS. CITY OF NORMAN, CLEVELAND COUNTY COURT CASE CV-2018-1142; AND FLESKE HOLDING COMPANY, L.L.C., VS. CITY OF NORMAN, CLEVELAND COUNTY COURT CASE CV-2018-956; AND AS AUTHORIZED BY OKLAHOMA STATUTES TITLE 25 § 307(B) (1) AND § 307(B)(4) JENNIFER SCHMIDT VS. CITY OF NORMAN, WORKER’S COMPENSATION COMMISSION CASE CM-2019-02577 AND JENNIFER SCHMIDT AND IAFF VS. THE CITY OF NORMAN, GRIEVANCE FYE 2019-SCH. Attachments: text file ACTION NEEDED: Motion to adjourn out of the City Council Meeting and convene into an Executive Session in order to discuss pending litigation associated with Golden Tribe, L.L.C.,vs. City of Norman, Cleveland County Court Case CV-2018-1142, and Fleske Holding Company, L.L.C., vs. City of Norman, Cleveland County Court Case CV-2018-956, and as authorized by Oklahoma Statutes Title 25 § 307(B)(1) and § 307(B) (4) Jennifer Schmidt vs. City of Norman, Workers' Compensation Commission Case CM-2019-02577 and Jennifer Schmidt and IAFF vs. the City of Norman, Grievance FYE 2019-SCH. ACTION TAKEN: ______________________________________ ACTION NEEDED: Motion to adjourn out of Executive Session and reconvene the City Council Meeting. ACTION TAKEN: ______________________________________ 25 Adjournment City of Norman, OK Page 13 Printed on 7/22/2019