City Council Regular Meeting

CITY OF NORMAN, OK CITY COUNCIL REGULAR MEETING Municipal Building, Council Chambers, 201 West Gray, Norman, OK 73069 Tuesday, May 10, 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 APPROVAL OF MINUTES 1. CONSIDERATION OF APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF THE MINUTES AS FOLLOWS: CITY COUNCIL CONFERENCE MINUTES OF AUGUST 24, 2021 CITY COUNCIL STUDY SESSION MINUTES OF JANUARY 4, 2022 CITY COUNCIL REGULAR MEETING - Tuesday, May 10, 2022 Page |1  CITY COUNCIL MINUTES OF MARCH 22, 2022 NORMAN UTILITIES AUTHORITY MINUTES OF MARCH 22, 2022 NORMAN MUNICIPAL AUTHORITY MINUTES OF MARCH 22, 2022 NORMAN TAX INCREMENT FINANCE AUTHORITY MINUTES OF MARCH 22, 2022 AWARDS AND PRESENTATIONS 2. RECOGNITION OF THE 2021-2022 NORMAN YOUTH COUNCIL PROCLAMATIONS 3. CONSIDERATION OF ACKNOWLEDGMENT, APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF PROCLAMATION P2122-32: A PROCLAMATION OF THE MAYOR OF THE CITY OF NORMAN, OKLAHOMA, PROCLAIMING SATURDAY, MAY 21, 2022, AS KIDS TO PARKS DAY IN THE CITY OF NORMAN. 4. CONSIDERATION OF ACKNOWLEDGMENT, APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF PROCLAMATION P-2122-36: A PROCLAMATION OF THE MAYOR OF THE CITY OF NORMAN, OKLAHOMA, PROCLAIMING THE MONTH OF MAY, 2022, AS ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH IN THE CITY OF NORMAN, OKLAHOMA. 5. CONSIDERATION OF ACKNOWLEDGMENT, APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF PROCLAMATION P-2122-37: A PROCLAMATION OF THE MAYOR OF THE CITY OF NORMAN, OKLAHOMA, PROCLAIMING THE MONTH OF MAY, 2022, AS JEWISH AMERICAN HERITAGE MONTH IN THE CITY OF NORMAN, OKLAHOMA. 6. CONSIDERATION OF ACKNOWLEDGEMENT, APPROVAL, AMENDMENT, AND/OR POSTPONEMENT OF PROCLAMATION P212238: A PROCLAMATION OF THE MAYOR OF THE CITY OF NORMAN, OKLAHOMA, PROCLAIMING SUNDAY, MAY 15, 2022, AS PEACE OFFICERS MEMORIAL DAY AND THE WEEK OF MAY 15 THROUGH MAY 21, 2022, AS NATIONAL POLICE WEEK IN THE CITY OF NORMAN. 7. CONSIDERATION OF ACKNOWLEDGEMENT, APPROVAL, AMENDMENT, AND/OR POSTPONEMENT OF PROCLAMATION P-2122-41: A PROCLAMATION OF THE MAYOR OF THE CITY OF NORMAN, OKLAHOMA, PROCLAIMING THE WEEK OF MAY 1 THROUGH MAY 7, 2022, AS INTERNATIONAL COMPOSTING AWARENESS WEEK IN THE CITY OF NORMAN. 8. CONSIDERATION OF ACKNOWLEDGMENT, APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF PROCLAMATION P-2122-42: A PROCLAMATION OF THE MAYOR OF THE CITY OF NORMAN, OKLAHOMA, CITY COUNCIL REGULAR MEETING - Tuesday, May 10, 2022 Page |2  PROCLAIMING THE MONTH OF MAY, 2022, AS BIKE MONTH AND FRIDAY, MAY 20, 2022, AS BIKE-TO-WORK DAY IN THE CITY OF NORMAN. 9. CONSIDERATION OF ACKNOWLEDGING RECEIPT, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF PROCLAMATION P-2122-43: A PROCLAMATION OF THE MAYOR OF THE CITY OF NORMAN, OKLAHOMA, PROCLAIMING THE WEEK OF MAY 9 THROUGH MAY 13, 2022, AS ECONOMIC DEVELOPMENT 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 10 through Item 22 be placed on the consent docket. First Reading Ordinance 10. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF ORDINANCE O-2122-41 UPON FIRST READING BY TITLE 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 PART OF THE SOUTHEAST QUARTER (SE/4) OF SECTION NINETEEN (19), TOWNSHIP NINE (9) NORTH, RANGE TWO (2) WEST OF THE INDIAN MERIDIAN, CLEVELAND COUNTY, OKLAHOMA, FROM THE R-1, SINGLE FAMILY DWELLING DISTRICT, AND PLACE SAME IN THE SPUD, SIMPLE PLANNED UNIT DEVELOPMENT DISTRICT; AND PROVIDING FOR THE SEVERABILITY THEREOF. (NORTH OF 1700 NORTH PORTER AVENUE) 11. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT OR POSTPONEMENT OF ORDINANCE O-2122-45 UPON READING BY TITLE:: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA AMENDING ARTICLE II, SECTION 1 OF THE CHARTER OF THE CITY OF NORMAN BY INCREASING THE STIPEND RECEIVED BY COUNCILMEMBERS AND THE MAYOR AND CREATING A COMPENSATION COMMISSION; AMENDING SECTIONS 2, 5, 6, AND 14 OF ARTICLE II OF THE CHARTER OF THE CITY OF NORMAN TO INCREASE COUNCILMEMBER TERMS FROM TWO TO THREE YEARS BEGINNING WITH THE 2026 ELECTIONS, CHANGING THE BEGINNING OF THE COUNCILMEMBER AND MAYORAL TERMS TO FOLLOW THE DESIGNATED RUN-OFF ELECTION DATE BEGINNING WITH THE 2025 WARD ELECTIONS AND THE 2028 MAYORAL ELECTION, AND REQUIRING WARD REPRESENTATIVES TO LIVE IN THE WARD SIX MONTHS PRIOR TO SEEKING ELECTION AND PROVIDING EXCEPTIONS WHEN WARD BOUNDARIES CHANGE; AMENDING SECTION 22 OF ARTICLE II OF THE CHARTER OF THE CITY OF NORMAN TO CLARIFY THAT VACANCIES ON COUNCIL FILLED BY COUNCIL VOTE SHALL BE FILLED FOR THE REMAINDER OF THE TERM IN QUESTION; ADDING ARTICLE V PROVIDING FOR CITY COUNCIL REGULAR MEETING - Tuesday, May 10, 2022 Page |3  THE CREATION OF THE OFFICE OF THE CITY AUDITOR, PROVIDING FOR THE APPOINTMENT AND REMOVAL OF THE CITY AUDITOR BY CITY COUNCIL, SETTING FOR THE DUTIES OF THE CITY AUDITOR, AND PROVIDING FOR THE RENUMBERING OF SUBSEQUENT ARTICLES; AMENDING SECTION 2 OF ARTICLE VII PROVIDING FOR THE APPOINTMENT AND REMOVAL OF THE CITY ATTORNEY BY CITY COUNCIL INSTEAD OF THE CITY MANAGER; AMENDING SECTION 1 OF ARTICLE IX TO INCREASE THE NUMBER OF BOARD MEMBERS ON THE NORMAN REGIONAL HOSPITAL AUTHORITY FROM NINE TO ELEVEN AND ALLOWING A MAXIMUM OF TWO BOARD MEMBERS TO BE APPOINTED FROM OTHER COMMUNITIES; AMENDING SECTIONS 1, 2, 3, 4 AND 5 OF ARTICLE XIII OF THE CHARTER OF THE CITY OF NORMAN TO LIMIT THE TIME OF COMMENCING RECALL PROCEEDINGS, TO MODIFY THE PROCESS TO BE CONSISTENT OKLAHOMA STATE LAW, AND TO ALLOW FOR ADDITIONAL TIME TO REVIEW PETITIONS WHEN MULTIPLE PETITIONS ARE RECEIVED; AMENDING SECTION 2 OF ARTICLE XVI TO ALLOW CITY COUNCIL TO IMPOSE A MAXIMUM THREE PERCENT (3%) INCREASE IN UTILITY RATES ONLY AFTER A RATE STUDY AND A RECOMMENDATION FROM A UTILITY RATE COMMISSION; AND AMENDING SECTIONS 2, 3, 4 AND 5 OF ARTICLE XX MODIFYING DEADLINES AND PROCESS FOR THE REAPPORTIONMENT AD HOC COMMITTEE IN CONSIDERATION OF THE STATE’S TIMELINE FOR MODIFYING PRECINCT BOUNDARIES AND LIMITING COUNCIL’S ACTION ON THE COMMITTEE’S RECOMMENDATION; AND PROVIDING FOR THE SEVERABILITY THEREOF. 12. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT OR POSTPONEMENT OF ORDINANCE O-2122-46 UPON FIRST READING BY TITLE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AUTHORIZING THE CALLING AND HOLDING OF A SPECIAL ELECTION IN THE CITY OF NORMAN, COUNTY OF CLEVELAND, STATE OF OKLAHOMA, ON THE 23RD DAY OF AUGUST, 2022, FOR THE PURPOSE OF SUBMITTING TO THE REGISTERED VOTERS OF THE CITY OF NORMAN THE QUESTION OF APPROVING OR REJECTING ORDINANCE O-2122-45, WHICH ORDINANCE AMENDS ARTICLE II, SECTION 1 OF THE CHARTER OF THE CITY OF NORMAN BY INCREASING THE STIPEND RECEIVED BY COUNCILMEMBERS AND THE MAYOR AND CREATING A COMPENSATION COMMISSION; AMENDS SECTIONS 2, 5, 6, AND 14 OF ARTICLE II OF THE CHARTER OF THE CITY OF NORMAN TO INCREASE COUNCILMEMBER TERMS FROM TWO TO THREE YEARS BEGINNING WITH THE 2026 ELECTIONS, CHANGING THE BEGINNING OF THE COUNCILMEMBER AND MAYORAL TERMS TO FOLLOW THE DESIGNATED RUN- OFF ELECTION DATE BEGINNING WITH THE 2025 WARD ELECTIONS AND THE 2028 MAYORAL ELECTION, AND REQUIRING WARD REPRESENTATIVES TO LIVE IN THE WARD SIX MONTHS PRIOR TO SEEKING ELECTION AND PROVIDING EXCEPTIONS WHEN WARD BOUNDARIES CHANGE; AMENDS SECTION 22 OF ARTICLE II OF THE CHARTER OF THE CITY OF NORMAN TO CLARIFY THAT VACANCIES ON COUNCIL FILLED BY COUNCIL VOTE SHALL BE FILLED FOR THE REMAINDER OF THE TERM IN QUESTION; ADDS ARTICLE V PROVIDING FOR THE CREATION OF THE OFFICE OF THE CITY AUDITOR, PROVIDING FOR THE APPOINTMENT AND REMOVAL OF THE CITY AUDITOR BY CITY COUNCIL, SETTING FOR THE DUTIES OF THE CITY AUDITOR, AND CITY COUNCIL REGULAR MEETING - Tuesday, May 10, 2022 Page |4  PROVIDING FOR THE RENUMBERING OF SUBSEQUENT ARTICLES; AMENDS SECTION 2 OF ARTICLE VII PROVIDING FOR THE APPOINTMENT AND REMOVAL OF THE CITY ATTORNEY BY CITY COUNCIL INSTEAD OF THE CITY MANAGER; AMENDS SECTION 1 OF ARTICLE IX TO INCREASE THE NUMBER OF BOARD MEMBERS ON THE NORMAN REGIONAL HOSPITAL AUTHORITY FROM NINE TO ELEVEN AND ALLOWING A MAXIMUM OF TWO BOARD MEMBERS TO BE APPOINTED FROM OTHER COMMUNITIES; AMENDS SECTIONS 1, 2, 3, 4 AND 5 OF ARTICLE XIII OF THE CHARTER OF THE CITY OF NORMAN TO LIMIT THE TIME OF COMMENCING RECALL PROCEEDINGS, TO MODIFY THE PROCESS TO BE CONSISTENT OKLAHOMA STATE LAW, AND TO ALLOW FOR ADDITIONAL TIME TO REVIEW PETITIONS WHEN MULTIPLE PETITIONS ARE RECEIVED; AMENDS SECTION 2 OF ARTICLE XVI TO ALLOW CITY COUNCIL TO IMPOSE A MAXIMUM THREE PERCENT (3%) INCREASE IN UTILITY RATES ONLY AFTER A RATE STUDY AND A RECOMMENDATION FROM A UTILITY RATE COMMISSION; AND AMENDS SECTIONS 2, 3, 4 AND 5 OF ARTICLE XX MODIFYING DEADLINES AND PROCESS FOR THE REAPPORTIONMENT AD HOC COMMITTEE IN CONSIDERATION OF THE STATE’S TIMELINE FOR MODIFYING PRECINCT BOUNDARIES AND LIMITING COUNCIL’S ACTION ON THE COMMITTEE’S RECOMMENDATION; AND PROVIDING FOR THE SEVERABILITY THEREOF. Reports/Communications 13. CONSIDERATION OF SUBMISSION, ACKNOWLEDGEMENT, APPROVAL, REJECTION, AMENDMENT, AND/OR REJECTION OF RECEIPT OF THE CITY MANAGER’S CONTRACT AND CHANGE ORDER REPORT AND DIRECTING THE FILING THEREOF. Certificate of Survey 14. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF NORMAN RURAL CERTIFICATE OF SURVEY COS- 2122-10: FOR ECHAD WAY ESTATES WITH A VARIANCE IN THE PRIVATE ROAD WIDTH REQUIREMENT FROM 20-FEET TO 12-FEET AND EASEMENT E-2122-61 (LOCATED ONE-HALF MILE EAST OF 84TH AVENUE N.E. ON THE NORTH SIDE OF TECUMSEH ROAD.) 15. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF NORMAN RURAL CERTIFICATE OF SURVEY COS- 2122-12: FOR HALEY ESTATES II AND EASEMENTS E-2122-62, E-2122-63, AND E- 2122-64. (LOCATED AT THE NORTHWEST CORNER OF LINDSEY STREET AND 60TH AVENUE SE.) Contracts 16. CONSIDERATION OF AUTHORIZATION, APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF EXPENDITURE NO ONE UNDER CONTRACT K-1920-63: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND THE MCKINNEY PARTNERSHIP ARCHITECTS, P.C. IN THE AMOUNT OF CITY COUNCIL REGULAR MEETING - Tuesday, May 10, 2022 Page |5  $111,475 TO PROVIDE PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE RENOVATION OF REAL PROPERTY LOCATED AT 320 EAST COMANCHE STREET. 17. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CHANGE ORDER NO. TWO TO CONTRACT K-2122- 3: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND RDNJ, L.L.C., D/B/A A-TECH PAVING, DECREASING THE CONTRACT AMOUNT BY $28,073.69 FOR A REVISED AMOUNT OF $825,812.30 FOR THE URBAN CONCRETE PROJECT, FYE 2022 LOCATIONS, BID 2, FINAL ACCEPTANCE OF THE PROJECT, AND FINAL PAYMENT IN THE AMOUNT OF $41,256.72. 18. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT AND/OR POSTPONEMENT OF BID 2122-54; CONTRACT K-2122-95: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND EMC SERVICES, INC., IN THE AMOUNT OF $169,619 FOR THE FLOOD AVENUE SIDEWALK CONSTRUCTION PROJECT FROM GRAY STREET TO DAKOTA STREET, PERFORMANCE BOND B-2122-68, STATUTORY BOND B-2122-69, MAINTENANCE BOND MB-2122-50, AND RESOLUTION R-2122-90 GRANTING TAX-EXEMPT STATUS. 19. CONSIDERATION OF ACCEPTANCE, APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF A GRANT IN THE AMOUNT OF $75,000 FROM THE NATIONAL ASSOCIATION OF CITY AND COUNTY HEALTH OFFICIALS (NACCHO) TO SUPPORT THE EFFORTS OF THE MEDICAL RESERVE CORPS VOLUNTEER PROGRAM FOR THE FIRE DEPARTMENT IN COLLABORATION WITH THE CLEVELAND COUNTY HEALTH DEPARTMENT, APPROVAL OF CONTRACT K- 2122-124; AND BUDGET TRANSFER AS OUTLINED IN THE STAFF REPORT. 20. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT AND/OR POSTPONEMENT OF AMENDMENT NO. ONE TO CONTRACT K-1920-49: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA AND STANTEC CONSULTING SERVICES, INC., INCREASING THE CONTRACT AMOUNT BY $302,134.25 FOR A REVISED CONTRACT AMOUNT OF $576,156.56 TO PROVIDE ENGINEERING DESIGN SERVICES FOR THE TRAFFIC MANAGEMENT CENTER AND BUDGET TRANSFER AS OUTLINED IN THE STAFF REPORT Resolutions 21. CONSIDERATION OF APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2122-115 A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, SUPPORTING THE EXISTING HEARTLAND FLYER RAIL SERVICE AND THE EXPANSION OF AMTRAK PASSENGER RAIL SERVICE IN OKLAHOMA AND KANSAS. 22. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2122-116: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, THE NORMAN MUNICIPAL CITY COUNCIL REGULAR MEETING - Tuesday, May 10, 2022 Page |6  AUTHORITY, AND THE NORMAN UTILITIES AUTHORITY APPROPRIATING $5,700,000 FROM THE GENERAL FUND BALANCE; $100,000 FROM THE CENTER CITY TAX INCREMENT FINANCE DISTRICT FUND BALANCE; $1,922,372 FROM THE NORMAN FORWARD FUND BALANCE; TRANSFERRING $25,000 FROM THE FIRE STATION 1, 2, AND 4 PROJECT; REDUCING APPROPRIATIONS FROM THE NORMAN FORWARD FUND BALANCE BY $10,290,817, AND REDUCING APPROPRIATIONS FROM THE WATER RECLAMATION FUND BALANCE BY $3,300,000 IN ORDER TO COMPLETE SEVERAL ONGOING PROJECTS AND TO MOVE SURPLUS FUNDS FROM COMPLETED PROJECTS. 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. ADJOURNMENT CITY COUNCIL REGULAR MEETING - Tuesday, May 10, 2022 Page |7