City Council Regular Meeting

CITY OF NORMAN, OK CITY COUNCIL REGULAR MEETING Municipal Building, Council Chambers, 201 West Gray, Norman, OK 73069 Tuesday, October 25, 2022 at 6:30 PM AGENDA CITY COUNCIL, NORMAN UTILITIES AUTHORITY, NORMAN MUNICIPAL AUTHORITY, AND NORMAN TAX INCREMENT FINANCE AUTHORITY 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. 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, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF THE MINUTES AS FOLLOWS: CITY COUNCIL COMMUNITY PLANNING AND TRANSPORTATION COMMITTEE MINUTES OF AUGUST 25, 2022 CITY COUNCIL REGULAR MEETING - Tuesday, October 25, 2022 Page |1 PROCLAMATIONS 2. CONSIDERATION OF ACKNOWLEDGEMENT, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF PROCLAMATION P-2223-4: A PROCLAMATION OF THE MAYOR OF THE CITY OF NORMAN, OKLAHOMA, PROCLAIMING TUESDAY, NOVEMBER 1, 2022, AS NATIONAL FAMILY LITERACY DAY IN THE CITY OF NORMAN, OKLAHOMA. 3. CONSIDERATION OF APPROVAL, ACCEPTANCE, ACKNOWLEDGEMENT, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF PROCLAMATION P-2223-6: A PROCLAMATION OF THE MAYOR OF THE CITY OF NORMAN, OKLAHOMA, PROCLAIMING THE IMPORTANCE OF SUICIDE PREVENTION IN THE CITY OF NORMAN IN HONOR OF ZACH HARRINGTON. 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 4 through Item 22 be placed on the consent docket. First Reading Ordinance 4. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF ORDINANCE O-2223-10 UPON FIRST READING BY TITLE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, REQUESTING CLOSURE OF THE RIGHT-OF-WAY LOCATED EAST OF TOLLIE DRIVE BETWEEN LOT 4, BLOCK 7 AND LOT 1, BLOCK 8, HANLY ADDITION. 5. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF ORDINANCE O-2223-15 ON 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 LOTS SEVENTEEN (17) THROUGH NINETEEN (19), BLOCK ELEVEN (11), OF T.R. WAGGONER’S FIRST ADDITION, AND LOT TWENTY (20), BLOCK ELEVEN (11) COMBINED WITH T.R. WAGGONER’S FIRST ADDITION AND D.L. LARSH’S FIRST ADDITION, TO NORMAN, CLEVELAND COUNTY, OKLAHOMA, FROM THE CCFBC, CENTER CITY FORM-BASED CODE, AND PLACE SAME IN THE CCPUD, CENTER CITY PLANNED UNIT DEVELOPMENT; AND PROVIDING FOR THE SEVERABILITY THEREOF. (401 SOUTH UNIVERSITY BOULEVARD) CITY COUNCIL REGULAR MEETING - Tuesday, October 25, 2022 Page |2  6. CONSIDERATION OF APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF ORDINANCE O-2223-18 UPON FIRST READING BY TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AMENDING SECTION 10-502 OF ARTICLE V, CHAPTER 10 OF THE CODE OF CITY OF NORMAN AMENDING THE DEFINITION OF PUBLIC PARK AND ADDING DEFINITIONS FOR VAPING AND VAPOR PRODUCT; AMENDING SECTION 10-503 TO PROHIBIT SMOKING OR VAPING ON ANY MUNICIPAL PROPERTY; AND PROVIDING FOR THE SEVERABILITY THEREOF. Appointments 7. CONSIDERATION OF ACCEPTANCE, CONFIRMATION, ACKNOWLEDGEMENT, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF THE MAYOR’S APPOINTMENTS AS FOLLOWS: ENVIRONMENTAL CONTROL ADVISORY BOARD TERM: 10-27-22 TO 10-27-25: TOM FIGHTMASTER, WARD 6 TERM: 10-25-22 TO 10-27-25: INGER GUIFFRIDA, WARD 6 TERM: 10-27-22 TO 10-27-25: DEBRA CRETSINGER, WARD 2 GREENBELT COMMISSION TERM: 07-13-22 TO 07-13-25: ZACH DUFRAN, WARD 2 TERM: 07-13-22 TO 07-13-25: KRISTINA WYCKOFF, WARD 4 TERM: 07-13-22 TO 07-13-25: MARGUERITE LARSON, AT LARGE HISTORIC DISTRICT COMMISSION TERM: 10-26-22 TO 10-26-25: BARRETT WILLIAMSON, WARD 2 TERM: 10-25-22 TO 10-26-25: SARAH BREWER, WARD 4 TERM: 10-26-22 TO 10-26-25: EMILY WILKINS, WARD 4 NORMAN ELECTION COMMISSION TERM: 09-01-22 TO 09-01-25: JANE PURCELL, WARD 4 TERM: 09-01-22 TO 09-01-25: MICHAEL MOREHEAD, WARD 5 PUBLIC SAFETY OVERSIGHT COMMITTEE TERM: 10-25-22 TO 02-10-23: MARK EMERSON, WARD 5 Reports/Communications 8. CONSIDERATION OF ACKNOWLEDGEMENT, APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RECEIPT OF THE FINANCE DIRECTOR’S INVESTMENT REPORT AS OF SEPTEMBER 30, 2022 AND DIRECTING THE FILING THEREOF. 9. CONSIDERATION OF ACKNOWLEDGEMENT, APPROVAL, ACCEPTANCE, APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RECEIPT OF THE MONTHLY DEPARTMENTAL REPORTS FOR THE MONTH OF SEPTEMBER, 2022. CITY COUNCIL REGULAR MEETING - Tuesday, October 25, 2022 Page |3  10. 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. Final Plat 11. CONSIDERATION OF ACCEPTANCE, APPROVAL, REJECTION, POSTPONEMENT AND/OR AMENDMENT OF FP-2223-5: A FINAL SITE DEVELOPMENT PLAN AND FINAL PLAT FOR SPRINGS AT FLINT HILLS, SECTION 1, A PLANNED UNIT DEVELOPMENT, SUBJECT TO RECEIPT OF $371,437.20 FOR DEFERRAL OF STREET PAVING, DRAINAGE AND SIDEWALK IMPROVEMENTS IN CONNECTION WITH 12TH AVENUE N.W., RECEIPT OF TRAFFIC IMPACT FEE OF $17,727.07 AND PROOF OF PRIVATE PARK LAND DEEDED TO HOMEOWNERS ASSOCIATION AND COMPLETION AND ACCEPTANCE OF ALL REQUIRED PUBLIC IMPROVEMENTS. (GENERALLY LOCATED 580 FEET NORTH OF TECUMSEH ROAD ON THE WEST SIDE OF 12TH AVENUE NW). 12. CONSIDERATION OF ACCEPTANCE, APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF FP-2223-6: A FINAL SITE DEVELOPMENT PLAN AND FINAL PLAT FOR BELLATONA ADDITION, SECTION 4, A PLANNED UNIT DEVELOPMENT. (GENERALLY LOCATED ON THE NORTH SIDE OF STATE HIGHWAY 9 EAST OF 36TH AVENUE S.E.). Certificate of Survey 13. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT AND/OR POSTPONEMENT OF NORMAN RURAL CERTIFICATE OF SURVEY COS-2223-3: FOR J&D ACRES AND EASEMENT E-2223-14. (GENERALLY LOCATED ONE-HALF MILE EAST OF 108TH AVENUE N.E. ON THE NORTH SIDE OF EAST TECUMSEH ROAD) Contracts 14. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF THE FINAL ACCEPTANCE OF CONTRACT K-2122-64: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND HAPPY PLAYGROUNDS L.L.C., FOR THE URBAN VINEYARD PARK PLAYGROUND PROJECT AND FINAL PAYMENT OF $7,936.15. 15. CONSIDERATION OF AWARDING, ACCEPTANCE, APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF BID 2223-21 AND CONTRACT K-2223-6: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND SILVER STAR CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $1,455,000 FOR THE ASPHALT PAVEMENT PROJECT, FYE 2023 LOCATIONS, PERFORMANCE BOND B-2223-7; STATUTORY BOND B-2223-8; MAINTENANCE BOND MB-2223-4, AND RESOLUTION R-2223-4 GRANTING TAX-EXEMPT STATUS CITY COUNCIL REGULAR MEETING - Tuesday, October 25, 2022 Page |4  16. CONSIDERATION OF APPROVAL, AWARDING, ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF REQUEST FOR PROPOSAL RFP-2223-28 AND CONTRACT K-2223-64: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND SWIFTCO DEVELOPMENT, L.L.C., IN THE AMOUNT OF $108,500, PERFORMANCE BOND B-2223-31; STATUTORY BOND B-2223-32, AND MAINTENANCE BOND MB-2223-31 FOR THE MOORE-LINDSAY HISTORIC HOUSE ROOF REPLACEMENT PROJECT, AND RESOLUTION R-2223-58 GRANTING TAX-EXEMPT STATUS. Resolutions 17. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2223-43: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, APPROPRIATING $571,703 FROM THE PUBLIC SAFETY SALES TAX FUND BALANCE; $3,766,466 FROM THE ROOM TAX FUND BALANCE; $518 FROM THE SEIZURE AND RESTITUTION FUND BALANCE; $2,551,784 FROM THE PUBLIC TRANSPORTATION FUND BALANCE; $301,648 FROM THE WESTWOOD FUND BALANCE; $109,484 FROM THE SANITATION FUND BALANCE; $2,088,927 FROM THE RISK MANAGEMENT FUND BALANCE; $370,688 FROM THE UNIVERSITY NORTH PARK TAX INCREMENT FINANCE FUND BALANCE; AND $100,040 FROM THE DEBT SERVICE FUND BALANCE TO CLOSE OUT YEAR END ACCOUNTING ENTRIES FOR FYE 2022. 18. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2223-45: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, REQUESTING OKLAHOMA GOVERNMENTS (ACOG) TRANSPORTATION ALTERNATIVES FUNDING FOR THE CONSTRUCTION OF SIDEWALKS ON THE EAST SIDE OF BERRY ROAD FROM BOYD STREET NORTH TO GROVER LANE, THE SOUTH SIDE OF BOYD STREET FROM BERRY ROAD TO FLOOD AVENUE AND THE RAMPS AT THE INTERSECTION OF BERRY ROAD AND BOYD STREET. 19. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2223-46: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN REQUESTING ASSOCIATION OF CENTRAL OKLAHOMA GOVERNMENTS TRANSPORTATION ALTERNATIVE PROGRAM (ACOG TAP) FUNDING FOR THE LINDSEY STREET FROM 12TH AVENUE S.E. TO 24TH AVENUE S.E. SIDEWALK PROJECT. CITY COUNCIL REGULAR MEETING - Tuesday, October 25, 2022 Page |5  20. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2223-49: A RESOLUTION OF THE NORMAN UTILITIES AUTHORITY (THE “AUTHORITY”) APPROVING AND AUTHORIZING A CLEAN WATER SRF LOAN FROM THE OKLAHOMA WATER RESOURCES BOARD IN THE TOTAL AGGREGATE PRINCIPAL AMOUNT OF $15,000,000; APPROVING THE ISSUANCE OF A PROMISSORY NOTE IN THE TOTAL AGGREGATE PRINCIPAL AMOUNT OF $15,000,000, SECURED BY A PLEDGE OF REVENUES AND AUTHORIZING ITS EXECUTION; APPROVING AND AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT FOR CLEAN WATER SRF LOAN; DESIGNATING A LOCAL TRUSTEE AND APPROVING AND AUTHORIZING THE EXECUTION OF A TRUST AGREEMENT; APPROVING AND AUTHORIZING THE EXECUTION OF A SECURITY AGREEMENT; RATIFYING AND CONFIRMING AN AMENDED LEASE AGREEMENT WHEREBY THE CITY OF NORMAN, OKLAHOMA LEASED ITS WATER AND SANITARY SEWER SYSTEMS TO THE AUTHORITY; APPROVING VARIOUS COVENANTS; APPROVING AND AUTHORIZING THE ESTABLISHMENT OF A PROJECT COSTS DISBURSEMENT ACCOUNT; APPROVING AND AUTHORIZING PAYMENT OF FEES AND EXPENSES; AND CONTAINING OTHER PROVISIONS RELATING THERETO. 21. CONSIDERATION OF APPROVAL, ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2223-50: A RESOLUTION OF THE CITY OF NORMAN, OKLAHOMA (THE “CITY”) APPROVING ACTION TAKEN BY THE NORMAN UTILITIES AUTHORITY (THE “AUTHORITY”) AUTHORIZING ISSUANCE, SALE AND DELIVERY OF A CLEAN WATER SRF PROMISSORY NOTE OF THE AUTHORITY TO THE OKLAHOMA WATER RESOURCES BOARD; RATIFYING AND CONFIRMING AN AMENDED LEASE AGREEMENT WHEREBY THE CITY LEASES ITS WATER AND SANITARY SEWER SYSTEMS TO THE AUTHORITY; AND CONTAINING OTHER PROVISIONS RELATED THERETO. 22. CONSIDERATION OF ADOPTION, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2223-52: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, IMPLEMENTING TWO-HOUR PARKING LIMITS ON THE NORTH SIDE OF EUFAULA STREET BETWEEN PORTER AVENUE AND CRAWFORD AVENUE. NON-CONSENT ITEMS 23. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2223-30: 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 NORTH HALF (N/2) OF SECTION TWENTY-SIX (26), TOWNSHIP NINE (9) NORTH, RANGE TWO (2) WEST OF THE INDIAN MERIDIAN (I.M.), CLEVELAND COUNTY, OKLAHOMA, FROM THE SPECIAL ENTERPRISE ZONE. (4000 EAST ROBINSON STREET) CITY COUNCIL REGULAR MEETING - Tuesday, October 25, 2022 Page |6  Second Reading Ordinance 24. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF ORDINANCE O-2223-9 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 PART OF THE NORTH HALF (N/2) OF SECTION TWENTY-SIX (26), TOWNSHIP NINE (9) NORTH, RANGE TWO (2) WEST OF THE INDIAN MERIDIAN, TO NORMAN, CLEVELAND COUNTY, OKLAHOMA, FROM THE PUD, PLANNED UNIT DEVELOPMENT DISTRICT AND PLACE THE SAME IN THE A-1, GENERAL AGRICULTURAL DISTRICT, OF SAID CITY; AND PROVIDING FOR THE SEVERABILITY THEREOF. (4000 EAST ROBINSON STREET) 25. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF ORDINANCE O-2223-11 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 GRANT SPECIAL USE FOR A CHURCH, TEMPLE, OR OTHER PLACE OF WORSHIP IN THE R-1, SINGLE FAMILY DWELLING DISTRICT FOR LOT ONE (1), BLOCK ONE (1), NORTHHAVEN CHURCH ADDITION, TO NORMAN, CLEVELAND COUNTY, OKLAHOMA; AND PROVIDING FOR THE SEVERABILITY THEREOF. (4600 36TH AVENUE N.W.) 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, October 25, 2022 Page |7