City Council Regular Meeting

City of Norman, OK Municipal Building Council Chambers 201 West Gray Norman, OK 73069 Meeting Agenda Tuesday, August 13, 2019 6:30 PM 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 August 13, 2019 1 Roll Call 2 Pledge of Allegiance Minutes 3 GID-1920-10 APPROVAL OF THE MINUTES AS FOLLOWS: CITY COUNCIL OVERSIGHT COMMITTEE MINUTES OF FEBRUARY 14, 2019 CITY COUNCIL STUDY SESSION MINUTES OF JUNE 4, 2019 CITY COUNCIL STUDY SESSION MINUTES OF JUNE 18, 2019 CITY COUNCIL SPECIAL SESSION MINUTES OF JUNE 18, 2019 CITY COUNCIL FINANCE COMMITTEE MINUTES OF JUNE 20, 2019 CITY COUNCIL MINUTES OF JULY 23, 2019 NORMAN UTILITIES AUTHORITY MINUTES OF JULY 23, 2019 NORMAN MUNICIPAL AUTHORITY MINUTES OF JULY 23, 2019 NORMAN TAX INCREMENT FINANCE AUTHORITY MINUTES OF JULY 23, 2019 CITY COUNCIL SPECIAL SESSION MINUTES OF JULY 30, 2019 Attachments: text File February 14 Oversight Minutes June 4 Study Session minutes June 18 Study Session minutes June 18 Special Session minutes June 20 CC Finance Committee Minutes July 23 CC Minutes July 30 Special Session minutes Proclamation 4 P-1920-3 PROCLAMATION P-1920-3: A PROCLAMATION OF THE MAYOR OF THE CITY OF NORMAN, OKLAHOMA, PROCLAIMING WEDNESDAY, AUGUST 21, 2019, AS SENIOR CITIZENS DAY IN THE CITY OF NORMAN. Attachments: Text File P-1920-3 ACTION NEEDED: Motion to acknowledge receipt of Proclamation P-1920-3 proclaiming Wednesday, August 21, 2019, as Senior Citizens Day in the City of Norman and direct the filing thereof. ACTION TAKEN: __________________________________________ City of Norman, OK Page 2 Printed on 8/9/2019 City Council Meeting Agenda August 13, 2019 5 P-1920-4 PROCLAMATION P-1920-4: A PROCLAMATION OF THE MAYOR OF THE CITY OF NORMAN, OKLAHOMA, PROCLAIMING MONDAY, AUGUST 26, 2019, AS WOMEN’S EQUALITY DAY IN THE CITY OF NORMAN. Attachments: Text File P-1920-4 ACTION NEEDED: Motion to acknowledge receipt of Proclamation P-1920-4 proclaiming Monday, August 26, 2019, as Women's Equality Day in the City of Norman and direct the filing thereof. ACTION TAKEN: __________________________________________ 6 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 7 through Item 20 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 8/9/2019 City Council Meeting Agenda August 13, 2019 7 O-1920-2 CONSIDERATION OF ORDINANCE O-1920-2 UPON FIRST READING: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AMENDING SECTION 4-1001 OF CHAPTER 4 OF THE CODE TO CLARIFY THE DUTIES OF THE HUMAN RIGHTS COMMISSION CONSISTENT WITH THE DUTIES LISTED IN CHAPTER 7 OF THE CODE; AMENDING SECTIONS 7-101 THROUGH 7-128 OF CHAPTER 7 OF THE CODE TO ADD SPECIFIC PROTECTIONS AGAINST DISCRIMINATION AND RETALIATION ON THE BASIS OF SEXUAL ORIENTATION, GENDER IDENTITY OR EXPRESSION, OR MARITAL STATUS, INCLUDING MARRIAGE TO A PERSON OF THE SAME SEX, IN THE AREAS OF EMPLOYMENT, HOUSING, AND PUBLIC ACCOMMODATIONS; AMENDING SECTION 7-102 TO ADD PROVISION AND PROMOTION OF EDUCATION AND AWARENESS OF THE RIGHTS PROVIDED IN THE CODE AND SUBMISSION OF AN ANNUAL REPORT OF COMPLAINTS TO CITY COUNCIL TO THE DUTIES OF THE HUMAN RIGHTS COMMISSION; AMENDING SECTION 7-103 TO MODIFY THE DEFINITION OF AGE AND ADD NEW LANGUAGE TO THE DEFINITION OF SEXUAL HARASSMENT; ADD DEFINITIONS OF DISABILITY, DISCRIMINATE OR DISCRIMINATION, GENDER IDENTITY OR EXPRESSION, AND SEXUAL ORIENTATION; REMOVE DEFINITIONS OF DWELLING, EMPLOYMENT, HOUSING ACCOMMODATION, LENDING INSTITUTION, REAL ESTATE BROKER, AND HANDICAPPED PERSON; AND AMEND THE DEFINITION OF EMPLOYER TO REMOVE THE MINIMUM NUMBER OF EMPLOYEES; AND RENUMBER REMAINING DEFINITIONS; ADD A NEW AND RENUMBERED SECTION 7-104 TO PROVIDE A GENERAL PROHIBITION OF DISCRMINATION AND RETALIATION; DELETE SECTIONS 7-104 THROUGH 7-118; ADD A NEW AND RENUMBERED SECTION 7-105 TO PROVIDE SPECIFIC EMPLOYMENT AND HOUSING EXCEPTIONS; AMEND AND RENUMBER SECTION 7-119 REGARDING THE FILING OF COMPLAINTS TO PROVIDE FOR FILING IN THE CITY CLERK’S OFFICE ON A FORM APPROVED BY THE HUMAN RIGHTS COMMISSION; AMENDING AND RENUMBERING SECTIONS 7-120 THROUGH 7-121 TO CLARIFY AND STREAMLINE THE HUMAN RIGHTS COMMISSION’S ADMINISTRATIVE REVIEW AND RESOLUTION OF COMPLAINTS PROCESS; DELETING SECTIONS 7-122 THROUGH 7-127; ADDING A NEW SECTION 7-110 TO PRESERVE A COMPLAINANT’S RIGHT TO PURSUE OTHER ADMINISTRATIVE REMEDIES AND/OR A PRIVATE CIVIL ACTION; RENUMBERING SECTIONS NOT DELETED; AND PROVIDING FOR THE SEVERABILITY THEREOF. Attachments: Text File O-1920-2 Annotated O-1920-2 Clean 01-28-19 HRC Minutes City of Norman, OK Page 4 Printed on 8/9/2019 City Council Meeting Agenda August 13, 2019 04-22-19 HRC Minutes ACTION NEEDED: Motion to Introduce and adopt Ordinance O-1920-2 upon First Reading by title. ACTION TAKEN: _______________________________________ 8 O-1920-7 CONSIDERATION OF ORDINANCE O-1920-7 UPON FIRST READING BY TITLE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AMENDING SECTION 14-311(C) RELATED TO THE FINE AMOUNT FOR ACCESSIBLE PARKING; AMENDING SECTIONS 20-202(5) AND 20-701(9) RELATING TO THE CITY MANAGERS AUTHORITY AND THE AUTHORITY TO IMPOUND VEHICLES; ADDING SECTION 20-803(D) ALLOWING MOTORISTS WITH A DISABILITY AND DISPLAYING STATE ISSUED PLACARD OR PLATE TO PARK FREE OF CHARGE IN METERED PARKING SPACES; AMENDING AND RENUMBERING SEC. 20-807 AND DELETING 20-807(8) RELATING TO THE PARKING, STOPPING AND STANDING A VEHICLE; AMENDING SECTIONS 20-202, 20-802, 20-803 AND 20-813 TO INCLUDE PAY STATIONS; AMENDING 20-807(10)(A) BY REMOVING DEBARR AND REPLACING WITH DEAN’S ROW; ADDING 20-817 PROHIBITING PARKING IN ACCESSIBLE SPACES; AND PROVIDING FOR THE SEVERABIITY THEREOF. Attachments: Text File O-1920-7-Annotated-CC-8-13-19 O-1920-7-Clean-CC-8-13-19 ACTION NEEDED: Motion to Introduce and adopt Ordinance O-1920-7 upon First Reading by title. ACTION TAKEN: _______________________________________ Appointment 9 AP-1920-10 CONSIDERATION OF THE MAYOR'S APPOINTMENTS AS FOLLOWS: INDOOR AQUATIC AND MULTI-SPORT FACILITIES AD HOC ADVISORY GROUP COURTNEY TRAYLOR NORMAN CONVENTION AND VISITORS BUREAU TERM: 08-13-19 TO 07-31-22: STEVE GILLIS PUBLIC SAFETY OVERSIGHT COMMITTEE TERM: 08-13-19 TO 02-10-21: ANN GALLAGHER, WARD 6 Attachments: Text File ACTION NEEDED: Motion to confirm or reject the appointments. ACTION TAKEN: _____________________________________ City of Norman, OK Page 5 Printed on 8/9/2019 City Council Meeting Agenda August 13, 2019 Report/Communication 10 RPT-1920-9 SUBMISSION AND ACKNOWLEDGING RECEIPT OF THE CITY MANAGER’S CHANGE ORDER REPORT AND DIRECTING THE FILING THEREOF. Attachments: Text File Change Order ACTION NEEDED: Motion to acknowledge receipt of the report and direct the filing thereof. ACTION TAKEN: _________________________________ 11 RPT-1920-8 SUBMISSION OF THE ANNUAL REPORT OF THE NORMAN 2025 LAND USE AND TRANSPORTATION PLAN. Attachments: Text File Annual Development Report 2018 7-11-19 PC Minutes ACTION NEEDED: Motion to acknowledge receipt of the report and direct the filing thereof. ACTION TAKEN: _________________________________ Bid 12 BID-1819-74 CONSIDERATION AND AWARDING OF BID 1819-74 FOR THE PURCHASE OF CATIONIC POLYMER FOR THE WATER TREATMENT FACILITY. Attachments: Text File Bid Tabulation ACTION NEEDED: Acting as the Norman Utilities Authority, motion to accept or reject all bids meeting specifications; and, if accepted, award the bid to Mid America Hydrotech in the amount of $0.599 per pound as the lowest and best bidder meeting specifications. ACTION TAKEN: ________________________________ City of Norman, OK Page 6 Printed on 8/9/2019 City Council Meeting Agenda August 13, 2019 13 K-1920-4 CONSIDERATION OF AWARDING BID 1920-1, APPROVAL OF CONTRACT K-1920-4 BY AND BETWEEN THE NORMAN UTILITIES AUTHORITY AND MATTHEWS TRENCHING COMPANY, INC., IN THE AMOUNT OF $579,975; PERFORMANCE BOND B-1920-5; STATUTORY BOND B-1920-6; AND MAINTENANCE BOND MB-1920-3 FOR THE SUMMIT VALLEY INTERCEPTOR PROJECT AND BUDGET TRANSFER BETWEEN PROJECT ACCOUNTS. Attachments: Text File Project Location Map Bid Tabulation SMC Award Recommendation Bid Evaluation Young Contracting Contract - K-1920-4 Performance Bond - B-1920-5 Statutory Bond - B-1920-6 Maintenance Bond - MB-1920-3 Requisition ACTION NEEDED: Acting as the Norman Utilities Authority, motion to accept or reject all bids meeting specifications; and, if accepted, award the bid in the amount of $579,975 to Matthews Trenching Company, Inc., as the lowest and best bidder meeting specifications; approve Contract K-1920-4 and the performance, statutory, and maintenance bonds; authorize execution of the contract and bonds and the Norman Utilities Authority as part of the contract to pay subcontractors for equipment and supplies for the Summit Valley Interceptor Project; direct the filing of the bonds; and appropriate $94,000 from the Water Reclamation Fund Balance (032-0000-253.00-00) to Project WW0278, Summit Valley Interceptor, Construction (032-9048-432.61-01) and appropriate $64,000 from Sewer New Development Excise Tax Fund Balance (322-0000-253.00-00) to WW0278, Summit Valley Interceptor, Construction (322-9048-432.61-01). ACTION TAKEN: _____________________________________ City of Norman, OK Page 7 Printed on 8/9/2019 City Council Meeting Agenda August 13, 2019 14 K-1920-26 CONSIDERATION OF THE RATIFICATION OF THE DECLARATION OF AN EMERGENCY TO REPAIR AND REPLACE THE IMPELLER AND INLET PIPING ON SOLIDS CONTACT CLARIFIER #3 AT THE VERNON CAMPBELL WATER TREATMENT PLANT; APPROVAL OF CONTRACT K-1920-26 BY AND BETWEEN THE NORMAN UTILITIES AUTHORITY AND RUDY BOX & ASSOCIATES, INC., IN THE AMOUNT OF $82,368 WITH ASSOCIATED PERFORMANCE BOND B-1920-25, STATUTORY BOND B-1920-26, AND MAINTENANCE BOND MB-1920-12, AND BUDGET TRANSFER BETWEEN ACCOUNTS. Attachments: Text File Bid Tab Clarifier City Manager Emergency Repair memo K-1920-26 Perf Bond B-1920-25 Stat B-1920-26 MB-1920-12 ACTION NEEDED: Acting as sthe Norman Utilities Authority, motion to ratify the declaration of an emergency to repair and replace the impeller and inlet piping on Solids Contact Clarifier #3 at the Vernon Campbell Water Treatment Plant; and, if ratified, approve Contract K-1920-26 with Rudy Box & Associates, Inc., in the amount of $82,368 and the performance, statutory, and maintenance bonds; authorize execution the contract and bonds; direct the filing of the bonds and transfer $82,368 from Outside Water (031-5534-461.31-23) to Machinery & Equipment Parts (031-5534-461.32-04). ACTION TAKEN: ____________________________________ Special Claim 15 SC-1920-1 SPECIAL CLAIM SC-1920-1: SUBMITTED BY DEBORAH N. MAUPIN IN THE REDUCED AMOUNT OF $1,750.00 FOR DAMAGE TO HER VEHICLE AS A RESULT OF AN INCIDENT WITH A SANITATION DEPARTMENT TRUCK AT 3312 GREENWOOD DRIVE. Attachments: Text File City Clerk memo Notice of Tort Claim Estimate Summary Photo Police Report - redacted ACTION NEEDED: Motion to approve or reject Special Claim SC-1920-1; and, if approved, direct payment in the reduced amount of $1,750.00 contingent upon obtaining a Release and Covenant Not to Sue from Deborah N. Maupin. ACTION TAKEN: ____________________________________ City of Norman, OK Page 8 Printed on 8/9/2019 City Council Meeting Agenda August 13, 2019 Contract 16 K-1920-35 CONSIDERATION OF ACCEPTANCE OF AN OKLAHOMA OFFICE OF HOMELAND SECURITY PROGRAM GRANT IN THE AMOUNT OF $15,880.23 TO BE USED BY THE POLICE DEPARTMENT TO PURCHASE MONITORING EQUIPMENT FOR SPECIAL EVENTS, APPROVAL OF CONTRACT K-1920-35, AND BUDGET APPROPRIATION FROM THE SPECIAL GRANTS FUND BALANCE. Attachments: Text File Award Packet (combined) ACTION NEEDED: Motion to accept or reject a grant in the amount of $15,880.23 from the State of Oklahoma Office of Homeland Security for the Police Department; and, if accepted, approve Contract K-1920-35; authorize the execution thereof, appropriate $15,880.23 from the Special Fund Balance (022-0000-253.20-00) to Project GP0042, Miscellaneous Equipment (022-6040-421.31-99); and, upon reimbursement, deposit $15,880.23 into Other Revenue/Homeland Security (022-0000-331.13-52). ACTION TAKEN: __________________________________________ 17 K-1314-102 AUTHORIZATION FOR EXPENDITURE NO. TWO UNDER CONTRACT EXP#2 K-1314-102 BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND SMITH ROBERTS LAND SERVICES, INC., IN AN AMOUNT NOT-TO-EXCEED $65,230 TO PROVIDE RIGHT-OF-WAY ACQUISITION SERVICES UNDER AN ON-CALL CONTRACT FOR THE PORTER AVENUE AND ACRES STREET INTERSECTION BOND PROJECT. Attachments: Text File Location Map Bid Proposal Requisition ACTION NEEDED: Motion to approve or reject Expenditure No. Two in an amount not-to-exceed $65,230 under Contract K-1314-102 with Smith Roberts Land Services, Inc. and if approved, authorize the execution thereof. ACTION TAKEN: ___________________________________ City of Norman, OK Page 9 Printed on 8/9/2019 City Council Meeting Agenda August 13, 2019 18 K-1819-8 CHANGE ORDER NO. ONE TO CONTRACT K-1819-8: BY AND CO#1 BETWEEN THE CITY OF NORMAN, OKLAHOMA AND W.E.B. CONSTRUCTION, INC., DECREASING THE CONTRACT AMOUNT BY $1,530.12 FOR A REVISED CONTRACT AMOUNT OF $1,581,620.38 FOR THE 24TH AVENUE S.E. WATER LINE RELOCATION PROJECT (PHASE 1) AND FINAL ACCEPTANCE OF THE PROJECT. Attachments: Text File Location Map Change Order No. 1 ACTION NEEDED: Motion to approve or reject Change Order No. One to Contract K-1819-8 with W.E.B. Construction, Inc., decreasing the contract amount by $1,530.12 for a revised contract amount of $1,581,620.38; and, if approved, authorize the execution thereof, accept the project, and direct final payment in the amount of $6,000 to W.E.B. Construction. ACTION TAKEN: _____________________________________ Settlement 19 GID-1920-11 CONSIDERATION OF A RECOMMENDATION FROM THE CITY ATTORNEY THAT THE CITY COUNCIL APPROVE A SETTLEMENT OF JENNIFER SCHMIDT VS. AND THE CITY OF NORMAN, OKLAHOMA, WORKERS’ COMPENSATION COMMISSION CASE CM-2019-02577 K AND GRIEVANCE NO. FYE 2019-SCH IN THE AMOUNT OF $15,000. Attachments: Text File PR-Schmidt-Sttlmt-CC8-13-19 ACTION NEEDED: Motion to approve or reject the City Attorney's recommendation; and if approved, authorize compliance with the Workers' Compensation Order and direct payment of claims in the amount of $15,000, which will constitute judgment against the City of Norman. ACTION TAKEN: ___________________________________ Resolution 20 R-1920-18 RESOLUTION R-1920-18: A RESOLUTION OF THE NORMAN UTILITIES AUTHORITY AUTHORIZING THE CHAIRMAN TO SUBMIT A WATERSMART TITLE XVI WATER RECLAMATION AND REUSE RESEARCH GRANT APPLICATION TO THE BUREAU OF RECLAMATION Attachments: Text File R-1920-18 ACTION NEEDED: Acting as the Norman Utilities Authority, motion to adopt or reject Resolution R-1920-18. ACTION TAKEN: _______________________________________ City of Norman, OK Page 10 Printed on 8/9/2019 City Council Meeting Agenda August 13, 2019 Non-Consent Items City of Norman, OK Page 11 Printed on 8/9/2019 City Council Meeting Agenda August 13, 2019 21 O-1920-4 CONSIDERATION OF ORDINANCE O-1920-4 UPON SECOND AND FINAL READING: 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 Testing Laboratory Amendment ACTION NEEDED: Motion to adopt or reject Ordinance O-1920-4 upon Second Reading section by section. ACTION TAKEN: _____________________________________ ACTION NEEDED: Motion to approve Emergency Section No. 17. ACTION TAKEN: _____________________________________ ACTION NEEDED: Motion to adopt or reject Ordinance No. O-1920-4 upon Final Reading as a whole. ACTION TAKEN: _____________________________________ City of Norman, OK Page 12 Printed on 8/9/2019 City Council Meeting Agenda August 13, 2019 22 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. 23 Adjournment City of Norman, OK Page 13 Printed on 8/9/2019