City Council Regular Meeting

CITY OF NORMAN, OK CITY COUNCIL REGULAR MEETING Municipal Building, Council Chambers, 201 West Gray, Norman, OK 73069 Tuesday, February 22, 2022 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. CITY COUNCIL, NORMAN UTILITIES AUTHORITY, NORMAN MUNICIPAL AUTHORITY, AND NORMAN TAX INCREMENT FINANCE AUTHORITY You are required to sign up in advance of the meeting on the City’s webpage, by calling the City Clerk's Office (405-366-5406), or at the Council Chambers prior to the start of the meeting with your name, ward, and item you wish to speak to including whether you are a proponent or opponent. When the time comes for public comments, the Clerk will call your name and you can make your way to the podium. Comments may be limited on items of higher interest, if so, the Mayor will announce that at the beginning of the meeting. Participants may speak one time only up to 3 minutes per person per item. There will be no yielding of time to another person. Sign up does not guarantee you will get to speak if the allotted time for that item has already been exhausted. If there is time remaining after those registered to speak have spoken, persons not previously signed up may have the opportunity to speak. Comments received must be limited to the motion on the floor only. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PROCLAMATIONS 1. CONSIDERATION OF ACKNOWLEDGEMENT, APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF PROCLAMATION P-2121-23: A PROCLAMATION OF THE MAYOR OF THE CITY OF NORMAN, OKLAHOMA, PROCLAIMING THE MONTH OF MARCH AS IRISH AMERICAN HERITAGE MONTH IN THE CITY OF NORMAN. CITY COUNCIL REGULAR MEETING - Tuesday, February 22, 2022 Page |1 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 2 through Item 27 be placed on the consent docket. Reports/Communications 2. CONSIDERATION OF ACKNOWLEDGEMENT, APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RECEIPT OF THE FINANCE DIRECTOR'S INVESTMENT REPORT AS OF DECEMBER 31, 2021, AND DIRECTING THE FILING THEREOF. 3. CONSIDERATION OF ACKNOWLEDGEMENT, APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF THE MONTHLY DEPARTMENTAL REPORT FOR THE MONTH OF JANUARY, 2022. 4. CONSIDERATION OF ACKNOWLEDGEMENT, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RECEIPT OF THE NORMAN FORWARD FINANCIAL OVERSIGHT BOARD ANNUAL REPORT FROM OCTOBER 1, 2020, THROUGH DECEMBER 31, 2021. Special Claim 5. CONSIDERATION OF APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF SPECIAL CLAIM SC-2122-3: SUBMITTED BY BETHEL BAPTIST CHURCH IN THE AMOUNT OF $13,937 FOR DAMAGE TO AN ENTRYWAY AWNING BY A CITY SANITATION TRUCK ON JANUARY 17, 2022, AT 1717 WEST LINDSEY STREET. Donation 6. CONSIDERATION OF THE ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF A DONATION OF REIMAGINED MURAL ENTITLED “PROMISED LAND” TO BE PLACED ON THE RETAINING WALL ALONG 12TH AVENUE N.E. AND ROCK CREEK ROAD. Easement 7. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF EASEMENT E-2122-13 A PERMANENT WATER LINE EASEMENT FROM HERMAN ROBERT USRY REVOCABLE TRUST IN THE AMOUNT OF $8,500 FOR THE FLOOD AVENUE WATER LINE REPLACEMENT PROJECT. CITY COUNCIL REGULAR MEETING - Tuesday, February 22, 2022 Page |2  Contracts 8. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT AND/OR POSTPONEMENT OF CHANGE ORDER NO. TWO TO CONTRACT K-2021-01: BY AND BETWEEN THE NORMAN UTILITIES AUTHORITY AND GARNEY COMPANIES, INC., INCREASING THE CONTRACT AMOUNT BY $59,043.05 FOR A REVISED CONTRACT AMOUNT OF $2,070,994.85 AND ADDING 127 DAYS TO THE CONTRACT FOR THE ROBINSON WATER LINE REPLACEMENT PROJECT, PHASE III, FINAL ACCEPTANCE OF THE PROJECT, AND FINAL PAYMENT IN THE AMOUNT OF $177,882.27. 9. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CHANGE ORDER NO. TWO TO CONTRACT K-2021-53: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND RUDY CONSTRUCTION COMPANY. INCREASING THE CONTRACT AMOUNT BY $184,533.80 FOR A REVISED CONTRACT AMOUNT OF $2,810,441.45 FOR VARIOUS CHANGES TO PROJECT DESIGN FOR STORMWATER REMEDIATION FOR THE PORTER AND ACRES INTERSECTION PROJECT, AND BUDGET TRANSFER AS OUTLINED IN THE STAFF REPORT. 10. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CHANGE ORDER NO. ONE TO CONTRACT K-2021-68: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND PM CONSTRUCTION & REHAB, L.L.C., INCREASING THE CONTRACT AMOUNT BY $16,426.17 FOR A REVISED CONTRACT AMOUNT OF $1,094,204.17 FOR THE FYE2021 STORMWATER PIPE REPLACEMENT PROJECT, VICKSBURG AVENUE/SAWGRASS DRIVE/BUCKHORN DRIVE, FINAL ACCEPTANCE OF THE PROJECT AND FINAL PAYMENT IN THE AMOUNT $88,619.67 11. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CHANGE ORDER NO. ONE TO CONTRACT K-2021-70: BY AND BETWEEN THE NORMAN UTILITIES AUTHORITY AND SOONER SIGHT UTILITY AND CONSTRUCTION DECREASING THE CONTRACT AMOUNT BY $22,800 FOR A REVISED CONTRACT AMOUNT OF $62,300 AND ADDING 64 CALENDAR DAYS TO THE CONTRACT FOR THE WATER DISTRIBUTION SYSTEM SAMPLING STATIONS PROJECT, FINAL ACCEPTANCE OF THE PROJECT, AND FINAL PAYMENT IN THE AMOUNT OF $5,110. 12. CONSIDERATION OF APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF AMENDMENT NO. THREE TO CONTRACT K-2021-97: BY AND BETWEEN THE NORMAN MUNICIPAL AUTHORITY AND GE JOHNSON CONSTRUCTION COMPANY INCREASING THE CONTRACT AMOUNT BY $22,659,079 FOR A REVISED CONTRACT AMOUNT OF $39,024,185 FOR CONSTRUCTION MANAGEMENT AT-RISK SERVICES FOR THE CONSTRUCTION OF THE YOUNG FAMILY ATHLETIC CENTER; APPROPRIATION OF NORMAN FORWARD SALES TAX FUND BALANCE; AND BUDGET TRANSFER, AS OUTLINED IN THE STAFF REPORT. CITY COUNCIL REGULAR MEETING - Tuesday, February 22, 2022 Page |3  13. CONSIDERATION OF APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF AMENDMENT NO. TWO TO CONTRACT K-2021-115: BY AND BETWEEN THE NORMAN MUNICIPAL AUTHORITY AND CROSSLAND CONSTRUCTION COMPANY, INC., INCREASING THE CONTRACT AMOUNT BY $2,758,145 FOR A REVISED CONTRACT AMOUNT OF $4,804,873 FOR CONSTRUCTION OF THE NORMAN FORWARD SENIOR WELLNESS CENTER PROJECT. 14. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CHANGE ORDER NO. THREE TO CONTRACT K-2122-2: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND EMC SERVICES, L.L.C., INCREASING THE CONTRACT AMOUNT BY $16,016.13 FOR A REVISED CONTRACT AMOUNT OF $891,264.13 FOR THE URBAN CONCRETE FYE 2022 LOCATIONS PROJECT, BID #1, FINAL ACCEPTANCE OF THE PROJECT, AND FINAL PAYMENT IN THE AMOUNT OF $44,563.21. 15. CONSIDERATION OF AWARDING, ACCEPTANCE, APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF BID 2122-45, CONTRACT K-2122-48 BY AND BETWEEN THE NORMAN UTILITIES AUTHORITY AND CIMARRON CONSTRUCTION COMPANY, L.L.C. IN THE AMOUNT OF $2,039,328; PERFORMANCE BOND B-2122-36; STATUTORY BOND B-2122-37, MAINTENANCE BOND MB-2122-28 FOR THE PORTER AVENUE WATER LINE REPLACEMENT PROJECT, PHASE II; AUTHORIZING THE UTILITIES DIRECTOR TO PURCHASE MATERIALS ON BEHALF OF THE CONTRACTOR; AND BUDGET TRANSFER AS OUTLINED IN THE STAFF REPORT. 16. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CHANGE ORDER NO. ONE TO CONTRACT K-2122-59: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, THE NORMAN UTILITIES AUTHORITY, AND HASKELL LEMON CONSTRUCTION COMPANY INCREASING THE CONTRACT AMOUNT BY $146,498, FOR A REVISED CONTRACT AMOUNT OF $1,587,193 TO ADD UTILITY AND DRAINAGE STRUCTURE INSTALLATION TO THE IMHOFF BRIDGE EMERGENCY REPAIRS PROJECT AND BUDGET APPROPRIATION AND BUDGET TRANSFERS AS OUTLINED IN THE STAFF REPORT. 17. CONSIDERATION OF APPROVAL, ACCEPTANCE, ADOPTION, REJECTION, AND/OR POSTPONEMENT OF AWARDING AMENDMENT NO. ONE TO CONTRACT K-2122-81: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, NORMAN MUNICIPAL AUTHORITY AND CROSSLAND CONSTRUCTION COMPANY INC., INCREASING THE CONTRACT AMOUNT OF $1,370,970 FOR A REVISED CONTRACT AMOUNT OF $1,385,542 FOR THE NORMAN FORWARD GRIFFIN RENOVATION PROJECT, PHASE 5. CITY COUNCIL REGULAR MEETING - Tuesday, February 22, 2022 Page |4  18. CONSIDERATION OF APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CONTRACT K-2122-93: BY AND BETWEEN THE NORMAN UTILITIES AUTHORITY AND KIMBERLY LOUISE BAXTER, 1/6 INTEREST; CLIFTON VAN BROWN, 1/6 INTEREST; DANIEL VAN BROWN, 1/6 INTEREST; RAYMOND JOSEPH SENDELBACH, REVOCABLE LIVING TRUST, 1/4 INTEREST; STANLEY RAY SENDELBACH, 1/8 INTEREST; AND SANDRA SENDELBACH LUNDMARK, 1/8 INTEREST; IN THE AMOUNT OF $800,000 FOR THE PURCHASE OF REAL PROPERTY LOCATED AT 4020 E TECUMSEH ROAD, PLUS CLOSING COSTS TO BE DETERMINED PRIOR TO CLOSING, FOR THE GROUNDWATER TREATMENT SITE AND AUTHORIZE THE GENERAL MANAGER TO EXECUTE ALL CLOSING DOCUMENTS. 19. CONSIDERATION OF APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CONTRACT K-2122-96: A REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF NORMAN, A MUNICIPAL CORPORATION, AND WESTERN FARMERS ELECTRIC COOPERATIVE IN THE AMOUNT OF $446,469.13, AND PROVIDING FOR THE SHARING OF COSTS FOR TRANSMISSION LINE RELOCATION OCCASIONED BY THE 36TH AVENUE BOND PROJECT AND BUDGET TRANSFER AS OUTLINED IN THE STAFF REPORT. 20. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF REQUEST FOR PROPOSAL RFP-2122-33, CONTRACT K-2122-97 BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND HAPPY PLAYGROUNDS, L.L.C., IN THE AMOUNT OF $200,000, PERFORMANCE BOND B-2122-69; STATUTORY BOND B-2122-70; AND MAINTENANCE BOND MB-2122-51 FOR THE CHERRY CREEK PARK PLAYGROUND PROJECT; AND RESOLUTION R-2122-91 GRANTING TAX-EXEMPT STATUS. 21. CONSIDERATION OF ACCEPTANCE, APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF AWARDING REQUEST FOR PROPOSAL RFP-2122-48, CONTRACT K-2122-98 BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND TRICORE GROUP, L.L.C., IN THE AMOUNT OF $83,083.88, PERFORMANCE BOND B-2122-71; STATUTORY BOND B-2122-72, AND MAINTENANCE BOND MB-2122-52 FOR THE LIONS PARK RESTROOM REMODEL PROJECT; AND RESOLUTION R-2122-92 GRANTING TAX EXEMPT STATUS. 22. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CONTRACT K-2122-99: A LETTER OF UNDERSTANDING BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND SELECTRON TECHNOLOGIES, INC., IN THE AMOUNT OF $40,000 TO PROVIDE SOFTWARE INSTALLATION, IMPLEMENTATION, AND THE FIRST YEAR HOSTING AND MAINTENANCE OF THE PERMITTING INTERACTIVE VOICE RESPONSE SYSTEM USED FOR INSPECTION RESULTS, MESSAGING, SCHEDULING, CANCELLATIONS, AND ALL RELATED PERMITTING PROCESSES FOR INSPECTORS AND CONTRACTORS. CITY COUNCIL REGULAR MEETING - Tuesday, February 22, 2022 Page |5  23. CONSIDERATION OF APPROVAL, REJECTION, POSTPONEMENT AND/OR AMENDMENT OF CONTRACT K-2122-108: A CONTRACT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA AND NORMAN REGIONAL HOSPITAL AUTHORITY AFFIRMING THE VACATION OF CERTAIN EASEMENTS CONTAINED IN THE ORIGINAL PLAT WITH THE FILING OF THE REPLAT OF N.R.H. MEDICAL PARK WEST, SECTION 2. WCC Court Order 24. CONSIDERATION OF APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF A COURT ORDER: CITY ATTORNEY’S RECOMMENDATION IN THE AMOUNT OF $17,600 REGARDING SEAN LANDRUM VS. THE CITY OF NORMAN, OKLAHOMA WORKERS’ COMPENSATION COMMISSION CASE NO. 2019-05618L. Resolutions 25. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2122-84: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, EXPANDING THE EXISTING EXCEPTIONS TO THE GENERAL PROHIBITION OF THE DISTRIBUTION OR SALE FOR PUBLIC CONSUMPTION OF ANY ALCOHOLIC BEVERAGES AT CERTAIN CITY PARKS TO INCLUDE RUBY GRANT PARK. 26. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2122-96: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN APPROPRIATING $183,039 FROM THE GENERAL FUND BALANCE TO BE DEPOSITED INTO THE NET REVENUE STABILIZATION FUND (RAINY DAY FUND). 27. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2122-97: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, APPROPRIATING $350,000 FROM THE GENERAL FUND BALANCE TO UPDATE AND IMPROVE ANDREWS PARK PLAYGROUND TO BRING IT UP TO FULL AMERICANS WITH DISABILITIES (ADA) STANDARDS. CITY COUNCIL REGULAR MEETING - Tuesday, February 22, 2022 Page |6 NON-CONSENT ITEMS 28. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF ORDINANCE O-2122-33 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 LOTS THIRTY-TWO (32), AND THIRTY- THREE (33), LESS THE EAST 25 FEET THEREOF, BLOCK THIRTEEN (13), OF M.C. RUNYAN SUBDIVISION, TO NORMAN, CLEVELAND COUNTY, OKLAHOMA, FROM THE C-3, INTENSIVE COMMERCIAL DISTRICT, AND PLACE SAME IN THE SPUD, SIMPLE PLANNED UNIT DEVELOPMENT DISTRICT; AND PROVIDING FOR THE SEVERABILITY THEREOF. (115 SOUTH PETERS AVENUE) MISCELLANEOUS COMMENTS This is an opportunity for citizens to address City Council. Due to Open Meeting Act regulations, Council is not able to participate in discussion during miscellaneous comments. Remarks should be directed to the Council as a whole and limited to three minutes or less. NON-CONSENT ITEMS 29. CONSIDERATION OF ADJOURNING INTO AN EXECUTIVE SESSION AS AUTHORIZED BY OKLAHOMA STATUTES, TITLE 25 § 307(B)(3) TO DISCUSS THE ACQUISITION OF REAL PROPERTY LOCATED AT 1210 WEST ROBINSON STREET AND RIGHT-OF-WAY ACQUISITION IN CONNECTION WITH THE PORTER AVENUE STREETSCAPE 2019 BOND PROJECT. ADJOURNMENT CITY COUNCIL REGULAR MEETING - Tuesday, February 22, 2022 Page |7