City Council Regular Meeting

CITY OF NORMAN, OK CITY COUNCIL REGULAR MEETING Municipal Building, Council Chambers, 201 West Gray, Norman, OK 73069 Tuesday, September 14, 2021 at 6:30 PM AGENDA It is the policy of the City of Norman that no person or groups of persons shall on the grounds of race, color, religion, ancestry, national origin, age, place of birth, sex, sexual orientation, gender identity or expression, familial status, marital status, including marriage to a person of the same sex, 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' advance notice is preferred. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1. CONSIDERATION OF APPROVAL, REJECTION, AMENDMENT AND/OR POSTPONEMENT OF THE MINUTES AS FOLLOWS: CITY COUNCIL SPECIAL SESSION MINUTES OF FEBRUARY 9, 2021 CITY COUNCIL STUDY SESSION MINUTES OF MARCH 2, 2021 CITY COUNCIL STUDY SESSION MINUTES OF MARCH 30, 2021 CITY COUNCIL STUDY SESSION MINUTES OF APRIL 6, 2021 CITY COUNCIL FINANCE COMMITTEE MINUTES OF JUNE 17, 2021 CITY COUNCIL SPECIAL SESSION MINUTES OF JULY 27, 2021 CITY COUNCIL MINUTES OF AUGUST 24, 2021 NORMAN UTILITIES AUTHORITY MINUTES OF AUGUST 24, 2021 NORMAN MUNICIPAL AUTHORITY MINUTES OF AUGUST 24, 2021 NORMAN TAX INCREMENT FINANCE AUTHORITY MINUTES OF AUGUST 24, 2021 CITY COUNCIL SPECIAL MEETING MINUTES OF AUGUST 31, 2021 PROCLAMATIONS 2. CONSIDERATION OF ACKNOWLEDGEMENT, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF PROCLAMATION P-2122-4: A PROCLAMATION OF THE MAYOR OF THE CITY OF NORMAN, OKLAHOMA, PROCLAIMING THE MONTH OF SEPTEMBER, 2021 AS PAIN AWARENESS MONTH IN THE CITY OF NORMAN CITY COUNCIL REGULAR MEETING - Tuesday, September 14, 2021 Page |1  3. CONSIDERATION OF ACKNOWLEDGEMENT, APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF PROCLAMATION P- 2122-5: A PROCLAMATION OF THE MAYOR OF THE CITY OF NORMAN, OKLAHOMA, PROCLAIMING THE MONTH OF SEPTEMBER, 2021, HISPANIC HERITAGE MONTH IN THE CITY OF NORMAN. 4. CONSIDERATION OF ACKNOWLEDGEMENT, APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF PROCLAMATION P- 2122-6: A PROCLAMATION OF THE MAYOR OF THE CITY OF NORMAN, OKLAHOMA, PROCLAIMING THE WEEK OF SEPTEMBER 17 THROUGH 23, 2021, AS CONSTITUTION WEEK IN THE CITY OF NORMAN. COUNCIL ANNOUNCEMENTS 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 5 through Item 22 be placed on the consent docket. First Reading Ordinance 5. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF ORDINANCE O-2122-1 UPON FIRST READING BY TITLE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, CLOSING A PORTION OF A 17-FOOT UTILITY EASEMENT LOCATED WITHIN LOT 1, BLOCK 1, TSTB ADDITION, SECTION 1, TO THE CITY OF NORMAN, CLEVELAND COUNTY, OKLAHOMA; AND PROVIDING FOR THE SEVERABILITY THEREOF. (601 12TH AVENUE N.E.). 6. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF ORDINANCE O-2122-19 UPON FIRST READING BY TITLE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AMENDING CHAPTER 20, ARTICLE VIII, SECTION 20-805, OF THE CODE OF THE CITY OF NORMAN, OKLAHOMA, TO PROHIBIT HEAD-IN PARKING IN SPACES RESERVED FOR REVERSE ANGLE BACK-IN PARKING; AND PROVIDING FOR THE SEVERABILITY THEREOF 7. CONSIDERATION OF ACCEPTANCE, REJECTION, AMENDMENT OR POSTPONEMENT O-2122-16: OF 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, SECTION 13-3401, IN CHAPTER 13 (LICENSES AND OCCUPATIONS); AMENDING SECTION 424.1 (C-2, GENERAL COMMERCIAL DISTRICT), AND SECTION 426.1 (I- 1, LIGHT INDUSTRIAL DISTRICT), BOTH IN ARTICLE XI OF CHAPTER 22 (ZONING ORDINANCE); AND AMENDING SECTION 450 (DEFINITIONS), IN ARTICLE XIV OF CHAPTER 22 (ZONING ORDINANCE); IN ORDER TO ADD PERMITTED AND SPECIAL USES FOR MEDICAL MARIJUANA WASTE FACILITIES, AND TO IMPLEMENT CHANGES AND RESOLVE INCONSISTENCIES RESULTING FROM CITY COUNCIL REGULAR MEETING - Tuesday, September 14, 2021 Page |2  2021 STATE LAW UPDATES REGARDING MEDICAL MARIJUANA; AND PROVIDING FOR THE SEVERABILITY THEREOF. Request for Payment 8. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF THE CITY’S APPLICATION FOR PERMISSION TO CARRY ITS OWN RISK WITHOUT WORKERS’ COMPENSATION INSURANCE IN THE AMOUNT OF $1,000. 9. CONSIDERATION OF APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF SPECIAL CLAIM SC-2122-1: SUBMITTED BY THE CLEVELAND COUNTY SHERIFF’S OFFICE IN THE TOTAL AMOUNT OF $14,744.64 FOR EXPENSES INCURRED AT THE CLEVELAND COUNTY DETENTION CENTER ON JULY 3, 2021. 10. CONSIDERATION OF APPROVAL, REJECTION, AMENDMENT AND/OR POSTPONEMENT OF PAYMENT OF QUALITY JOBS INCENTIVE TO THE NORMAN ECONOMIC DEVELOPMENT COALITION IN THE AMOUNT OF $94,776.25 IN ACCORDANCE WITH CONTRACT K-1314-106, UNIVERSITY NORTH PARK TAX INCREMENT FINANCE DISTRICT #2 (TIF) DEVELOPMENT AGREEMENT NO. 6, AS AMENDED. Donation 11. CONSIDERATION OF ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF A DONATION IN THE AMOUNT OF $1,600 FROM ARMSTRONG BANK TO BE USED TO PURCHASE SERVICES AND ITEMS FOR THE NORMAN POLICE DEPARTMENT’S NATIONAL NIGHT OUT EVENT AND BUDGET APPROPRIATION AS OUTLINED IN THE STAFF REPORT. Easement 12. CONSIDERATION OF GRANTING, APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF EASEMENT E-2122-15: TO OKLAHOMA GAS & ELECTRIC COMPANY RELATING TO THE CONSTRUCTION OF THE NORMAN PARKS MAINTENANCE FACILITY AND TRANSIT MAINTENANCE FACILITY BUILDINGS LOCATED AT THE NORTH BASE COMPLEX. Contracts 13. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CHANGE ORDER NO. FOUR TO CONTRACT K-1920-46: BY AND BETWEEN THE NORMAN UTILITIES AUTHORITY AND CIMARRON CONSTRUCTION COMPANY, L.L.C., DECREASING THE CONTRACT AMOUNT BY $47,723.76 FOR A REVISED CONTRACT AMOUNT OF $2,229,715.80 AND ADDING 60 CALENDAR DAYS TO THE CONTRACT FOR THE GRAY STREET AND TONHAWA STREET WATER LINE REPLACEMENT PROJECT, FINAL ACCEPTANCE OF THE PROJECT, AND FINAL PAYMENT IN THE AMOUNT OF $158,668.63. CITY COUNCIL REGULAR MEETING - Tuesday, September 14, 2021 Page |3  14. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CHANGE ORDER NO. TWO TO CONTRACT K-1920-123: BY AND BETWEEN THE NORMAN UTILITIES AUTHORITY AND JORDAN CONTRACTORS, INC., INCREASING THE CONTRACT AMOUNT BY $7,451.31 FOR A REVISED CONTRACT AMOUNT OF $469,885.31 AND ADDING 270 CALENDAR DAYS TO THE CONTRACT FOR THE FYE 2017 SEWER MAINTENANCE PROJECT PHASE 2, FINAL ACCEPTANCE OF THE PROJECT, AND FINAL PAYMENT IN THE AMOUNT OF $39,235.11. 15. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CONTRACT K-2122-15 BY AND BETWEEN THE NORMAN UTILITIES AUTHORITY AND THE UNITED STATES BUREAU OF RECLAMATION ACCEPTING A GRANT IN THE AMOUNT OF $700,109 TO CONDUCT A PILOT STUDY OF TREATMENT PROCESSES TO CONFIRM FEASIBILITY OF INDIRECT POTABLE REUSE. 16. CONSIDERATION OF APPROVAL, AUTHORIZATION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CONTRACT K-2122-24 BY AND BETWEEN THE NORMAN UTILITIES AUTHORITY AND SOUTHWEST WATER WORKS, L.L.C., IN THE AMOUNT OF $2,854,724.50; PERFORMANCE BOND B-2122-23; STATUTORY BOND B-2122-24, MAINTENANCE BOND MB-2122-13 FOR THE FLOOD AVENUE WATER LINE REPLACEMENT PROJECT AND BUDGET TRANSFER AS OUTLINED IN THE STAFF REPORT. 17. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CONTRACT K-2122-42 BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND PARKHILL CARDINAL ENGINEERING IN THE AMOUNT OF $34,366 FOR THE MCCULLOUGH STREET RECONSTRUCTION PROJECT AND BUDGET TRANSFER AS OUTLINED IN THE STAFF REPORT. 18. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CONTRACT K-2122-49 BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND ADG, P.C., IN THE AMOUNT OF $99,600 FOR THE DEVELOPMENT OF THE PUBLIC WORKS AND UTILITIES FACILITIES MASTER PLAN AND BUDGET APPROPRIATION AS OUTLINED IN THE STAFF REPORT. 19. CONSIDERATION OF ACCEPTANCE OF A 2020 CONTINUUM OF CARE PLANNING GRANT FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN THE AMOUNT OF $12,412 TO BE USED FOR THE COORDINATION OF ACTIVITIES RELATED TO HOMELESSNESS; APPROVAL OF CONTRACT K-2122-50; AND BUDGET APPROPRIATION FROM THE COMMUNITY DEVELOPMENT FUND BALANCE AS OUTLINED IN THE STAFF REPORT. 20. CONSIDERATION OF ACCEPTANCE, APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF COMMUNITY DEVELOPMENT BLOCK GRANT COVID-19 #2 (CDBG- CV2) AWARD FROM THE OKLAHOMA DEPARTMENT OF COMMERCE IN THE AMOUNT OF $1,516,500 TO BE USED TO PREVENT, PREPARE FOR, AND RESPOND TO THE CORONAVIRUS; APPROVAL OF CONTRACT K-2122-57; AND BUDGET APPROPRIATION FROM THE CAPTIAL FUND BALANCE AS OUTLINED IN THE STAFF REPORT. CITY COUNCIL REGULAR MEETING - Tuesday, September 14, 2021 Page |4  21. CONSIDERATION OF APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF AMENDMENT NO. ONE TO CONTRACT K-2021-97 BY AND BETWEEN THE NORMAN MUNICIPAL AUTHORITY AND GE JOHNSON CONSTRUCTION COMPANY INCREASING THE CONTRACT AMOUNT BY $3,404,474 FOR A REVISED CONTRACT AMOUNT OF $3,489,474 FOR CONSTRUCTION MANAGEMENT AT RISK SERVICES TO PROVIDE EARTHWORK, SITE CLEARING, MASS EXCAVATION AND CONSTRUCTION CONTINGENCY FOR THE CONSTRUCTION OF THE YOUNG FAMILY ATHLETIC CENTER. 22. DECLARATION OF AN EMERGENCY FOR EMERGENCY REPAIRS TO THE IMHOFF CREEK BRIDGE AND CONSIDERATION OF APPROVAL, ACCEPTANCE, ADOPTION, AUTHORIZATION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CONTRACT K-2122-59 BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA AND HASKELL LEMON CONSTRUCTION COMPANY FOR THE EMERGENCY REPAIR OF IMHOFF CREEK BRIDGE, RESOLUTION R-2021-40 GRANTING TAX-EXEMPT STATUS, AND BUDGET TRANSFERS AND APPROPRIATION AS OUTLINED IN THE STAFF REPORT. Resolutions NON-CONSENT ITEMS 23. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2122-34: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, APPROPRIATING $500,000 OF AMERICAN RESCUE PLAN ACT OF 2021 ENTITLEMENT FUNDS FROM THE SPECIAL GRANTS FUND BALANCE TO BE USED TO INCENTIVIZE COVID-19 VACCINATIONS. 24. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2021-115: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AMENDING THE NORMAN 2025 LAND USE AND TRANSPORTATION PLAN SO AS TO REMOVE PART OF THE SOUTH HALF OF SECTION SEVENTEEN (17), TOWNSHIP EIGHT NORTH (T8N), RANGE TWO WEST (R2W) OF THE INDIAN MERIDIAN (I.M.), CLEVELAND COUNTY, OKLAHOMA, AND PART OF THE SOUTHEAST QUARTER OF SECTION SEVENTEEN (17), TOWNSHIP EIGHT NORTH (T8N), RANGE TWO WEST (R2W) OF THE INDIAN MERIDIAN (I.M.), CLEVELAND COUNTY, OKLAHOMA, FROM THE FUTURE URBAN SERVICE AREA DESIGNATION AND PLACE THE SAME IN THE CURRENT URBAN SERVICE AREA DESIGNATION. (1/2 MILE SOUTH OF CEDAR LANE ROAD ON THE EAST SIDE OF JENKINS AVENUE AND EXTENDING SOUTHEAST TO 12TH AVENUE S.E.) 25. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF ORDINANCE O-2021-44 UPON SECOND AND FINAL READING: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AMENDING SECTION 460 OF CHAPTER 22 OF THE CODE OF THE CITY OF NORMAN SO AS TO REMOVE A TRACT OF LAND SITUATED IN THE SOUTHWEST QUARTER (SW/4) OF SECTION SEVENTEEN (17), TOWNSHIP EIGHT NORTH (T8N), RANGE TWO WEST (R2W) OF THE INDIAN MERIDIAN (I.M.), CITY COUNCIL REGULAR MEETING - Tuesday, September 14, 2021 Page |5  IN CLEVELAND COUNTY, OKLAHOMA, FROM THE A-2, RURAL AGRICULTURAL DISTRICT AND PLACE THE SAME IN THE R-1, SINGLE FAMILY DWELLING DISTRICT, OF SAID CITY; AND SO AS TO REMOVE A TRACT OF LAND SITUATED IN THE SOUTHEAST QUARTER (SE/4) OF SECTION SEVENTEEN (17), TOWNSHIP EIGHT NORTH (T8N), RANGE TWO WEST (R2W) OF THE INDIAN MERIDIAN (I.M.), IN CLEVELAND COUNTY, OKLAHOMA, FROM THE A-1, GENERAL AGRICULTURAL DISTRICT AND PLACE THE SAME IN THE R-1, SINGLE FAMILY DWELLING DISTRICT, OF SAID CITY; AND PROVIDING FOR THE SEVERABILITY THEREOF. (GENERALLY LOCATED ONE-HALF MILE SOUTH OF CEDAR LANE ROAD ON THE EAST SIDE OF JENKINS AVENUE AND EXTENDING SOUTHEAST TO 12TH AVENUE S.E.) 26. CONSIDERATION OF APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF A PRELIMINARY PLAT FOR EAGLE CLIFF WEST ADDITION FOR APPROXIMATELY 41.46 ACRES OF PROPERTY GENERALLY LOCATED ½ MILE SOUTH OF CEDAR LANE ROAD BETWEEN JENKINS AVENUE AND 12th AVENUE S.E. 27. CONSIDERATION OF APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CONTRACT K-2122-17 A CONTRACT BY AND BETWEEN THE NORMAN UTILITIES AUTHORITY AND SHAZ INVESTMENT GROUP, LLC AUTHORIZING COLLECTION OF A MONTHLY LIFT STATION FEE FROM DEVELOPED LOTS IN THE EAGLE CLIFF WEST DEVELOPMENT FOR THE OPERATION, MAINTENANCE AND REPLACEMENT OF THE EAGLE CLIFF LIFT STATION. MISCELLANEOUS COMMENTS 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. ADJOURNMENT CITY COUNCIL REGULAR MEETING - Tuesday, September 14, 2021 Page |6