City Council Regular Meeting

CITY OF NORMAN, OK CITY COUNCIL REGULAR MEETING Municipal Building, Council Chambers, 201 West Gray, Norman, OK 73069 Tuesday, January 10, 2023 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 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 1 through Item 22 be placed on the consent docket. CITY COUNCIL REGULAR MEETING - Tuesday, January 10, 2023 Page |1 APPROVAL OF MINUTES 1. CONSIDERATION OF APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF THE MINUTES AS FOLLOWS: CITY COUNCIL MINUTES OF OCTOBER 11, 2022 NORMAN UTILITIES AUTHORITY MINUTES OF OCTOBER 11, 2022 NORMAN MUNICIPAL AUTHORITY MINUTES OF OCTOBER 11, 2022 NORMAN TAX INCREMENT FINANCE AUTHORITY MINUTES OF OCTOBER 11, 2022 CITY COUNCIL CONFERENCE MINUTES OF OCTOBER 25, 2022 CITY COUNCIL MINUTES OF OCTOBER 25, 2022 NORMAN UTILITIES AUTHORITY MINUTES OF OCTOBER 25, 2022 NORMAN MUNICIPAL AUTHORITY MINUTES OF OCTOBER 25, 2022 NORMAN TAX INCREMENT FINANCE AUTHORITY MINUTES OF OCTOBER 25, 2022 CITY COUNCIL STUDY SESSION MINUTES OF NOVEMBER 1, 2022 CITY COUNCIL CONFERENCE MINUTES OF NOVEMBER 8, 2022 CITY COUNCIL MINUTES OF NOVEMBER 8, 2022 NORMAN UTILITIES AUTHORITY MINUTES OF NOVEMBER 8, 2022 NORMAN MUNICIPAL AUTHORITY MINUTES OF NOVEMBER 8, 2022 NORMAN TAX INCREMENT FINANCE AUTHORITY MINUTES OF NOVEMBER 8, 2022 First Reading Ordinance 2. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF ORDINANCE O-2223-17 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 FIVE (5), TOWNSHIP EIGHT (8) NORTH, RANGE TWO (2) WEST OF THE INDIAN MERIDIAN, TO NORMAN, CLEVELAND COUNTY, OKLAHOMA, FROM THE C-2, GENERAL COMMERCIAL DISTRICT, AND A-2, RURAL AGRICULTURAL DISTRICT, AND PLACE SAME IN THE PUD, PLANNED UNIT DEVELOPMENT DISTRICT; AND PROVIDING FOR THE SEVERABILITY THEREOF. (WEST SIDE OF CLASSEN BOULEVARD NORTH OF EAST CONSTITUTION STREET) 3. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF ORDINANCE O-2223-20 UPON FIRST READING BY TITLE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AMENDING SECTION 5-401 (1) CARPORT DEFINITION, AMENDING SECTION 5-403 OF ARTICLE IV OF CHAPTER 5 (“BUILDING CONSTRUCTION”) TO ADD REGULATIONS FOR CONSTRUCTION OF CARPORTS, AND DELETING SECTION 22-431.10 (“RESIDENTIAL CARPORTS”) IN CHAPTER 22 (“ZONING ORDINANCE”); AND AMENDING SECTION 22-441 (“BOARD OF ADJUSTMENT”) TO CHAPTER 22 (“ZONING ORDINANCE”) TO REMOVE THE SPECIAL EXCEPTION REQUIREMENT FOR CARPORTS IN CHAPTER 22 (“ZONING ORDINANCE”) OF THE CODE OF THE CITY OF NORMAN AND TO ESTABLISH NEW CARPORT STANDARDS IN ARTICLE IV OF CHAPTER 5; AND PROVIDING FOR THE SEVERABILITY THEREOF. CITY COUNCIL REGULAR MEETING - Tuesday, January 10, 2023 Page |2  Reports/Communications 4. CONSIDERATION OF ACKNOWLEDGEMENT, APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RECEIPT OF THE MONTHLY DEPARTMENTAL REPORTS FOR THE MONTH OF NOVEMBER, 2022. 5. 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. Donation 6. CONSIDERATION OF ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF A DONATION IN THE AMOUNT OF $1,500 FROM OG&E ELECTRIC SERVICES TO BE USED TO PURCHASE SERVICES OR ITEMS FOR THE POLICE DEPARTMENT PROACTIVE CRIME ENFORCEMENT SECTION [PACE] AND BUDGET APPROPRIATION AS OUTLINED IN THE STAFF REPORT. Contracts 7. CONSIDERATION OF APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF AMENDMENT NO. ONE TO CONTRACT K-1920-22: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND OLSSON, INC., INCREASING THE CONTRACT AMOUNT BY $353,504.93 FOR A REVISED CONTRACT AMOUNT OF $1,103,964.77 TO PROVIDE CONTINUED 2019 BOND PROGRAM MANAGEMENT THROUGH DECEMBER 31, 2025, AND BUDGET APPROPRIATIONS AS OUTLINED IN THE STAFF REPORT. 8. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF AMENDMENT NO. ONE TO CONTRACT K-2122-49: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND ADG BLATT (FORMERLY ADG, P.C.) INCREASING THE CONTRACT AMOUNT BY AN AMOUNT NOT-TO-EXCEED $44,000 FOR A REVISED CONTRACT AMOUNT NOT-TO- EXCEED $143,600 TO PROVIDE ADDITIONAL DESIGN SERVICES FOR THE FLEET MAINTENANCE FACILITIES LOCATED ON NORTH BASE. 9. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CHANGE ORDER NO. ONE TO CONTRACT K-2223-8: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND CIMARRON CONSTRUCTION COMPANY INCREASING THE CONTRACT AMOUNT BY $84,180 FOR A REVISED AMOUNT OF $508,604 FOR THE FYE 2023 BRIDGE MAINTENANCE PROGRAM. CITY COUNCIL REGULAR MEETING - Tuesday, January 10, 2023 Page |3  10. CONSIDERATION OF AWARDING, APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF BID 2225-35 AND CONTRACT K-2223-12: BY AND BETWEEN THE NORMAN UTILITIES AUTHORITY AND CIMARRON CONSTRUCTION COMPANY, L.L.C., IN THE AMOUNT OF $584,950 FOR THE BLENDING OF WELLS 5, 6, AND 52 AT THE WATER TREATMENT PLANT, PERFORMANCE BOND B-2223-13, STATUTORY BOND B-2223-14, MAINTENANCE BOND MB-2223-6 AND BUDGET TRANSFER AS OUTLINED IN THE STAFF REPORT. 11. CONSIDERATION OF APPROVAL, ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CONTRACT K-2223-78: A PROJECT MAINTENANCE, FINANCING, AND RIGHT-OF-WAY AGREEMENT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION FOR PROJECT J3-6014(004)AG, STATE JOB 36014(04),TO PROVIDE PAVEMENT MARKINGS IN THE CITY OF NORMAN AND RESOLUTION R-2223-80. 12. CONSIDERATION OF APPROVAL, ADOPTION, ACCEPTANCE, REJECTION, AMENDMENT AND/OR POSTPONEMENT OF CONTRACT K-2223-79: A PROJECT AGREEMENT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION FOR J/P 35856(04), THE INTERSECTION OF U.S. HIGHWAY-77 AND HIGH MEADOWS DRIVE AND RESOLUTION R-2223-81 13. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CONTRACT K-2223-80 BY AND BETWEEN THE ASSOCIATION OF CENTRAL OKLAHOMA GOVERNMENTS AND THE CITY OF NORMAN FOR THE COLLECTION OF TRAFFIC DATA FOR REIMBURSEMENT NOT TO EXCEED $20,000.00. 14. CONSIDERATION OF APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CONTRACT K-2223-84: A CONTRACT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND DIBARI INNOVATIVE DESIGN, L.L.C., IN THE AMOUNT OF $192,000 FOR THE DESIGN AND CREATION OF A SCULPTURE TO BE PLACED AT THE YOUNG FAMILY ATHLETIC CENTER FUNDED THROUGH THE NORMAN FORWARD PUBLIC ARTS FUND. 15. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CONTRACT K-2223-85 WITH OLSSON, INC. FOR DESIGN ENGINEERING OF THE 36TH AVENUE SE WIDENING PROJECT FROM CEDAR LANE ROAD TO STATE HIGHWAY 9 IN THE AMOUNT OF $559,500 FOR THE 2019 BOND PROJECT. CITY COUNCIL REGULAR MEETING - Tuesday, January 10, 2023 Page |4  16. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CONTRACT K-2223-81: A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NORMAN, OKLAHOMA AND THE ABSENTEE SHAWNEE TRIBE, RECOGNIZING THE CITY OF NORMAN’S MUNICIPAL RESPONSIBILITY FOR PORTIONS OF CEDAR LANE ROAD AND POST OAK ROAD AND SUPPORTING THE ADDITION OF THESE PORTIONS TO THE TRIBE’S INVENTORY OF ROUTES ELIGIBLE FOR TRIBAL TRANSPORTATION PROGRAM SAFETY FUNDS. Resolutions 17. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2223-82: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA SUPPORTING THE ABSENTEE SHAWNEE TRIBE’S PURSUIT OF TRIBAL TRANSPORTATION PROGRAM (TTP) SAFETY FUNDS FOR IMPROVEMENTS ALONG TTP ROUTES 72ND AVENUE S.E., 168TH AVENUE N.E., AND 156TH AVENUE N.E. 18. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT AND/OR POSTPONEMENT OF RESOLUTION R-2223-84: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, APPROPRIATING $49,047.99 FROM THE RISK MANAGEMENT MISCELLANEOUS REIMBURSEMENTS/ REFUNDS ACCOUNT TO REPAIR AND REPLACE DAMAGED TRAFFIC SIGNAL EQUIPMENT OR TRAFFIC SIGNS DAMAGED IN TRAFFIC COLLISIONS. 19. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT AND/OR POSTPONEMENT OF RESOLUTION R-2223-85: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA PROGRAMMING FEDERAL SURFACE TRANSPORTATION BLOCK GRANT URBANIZED AREA (STBG-UZA) FUNDS FOR ROADWAY IMPROVEMENTS ALONG JAMES GARNER AVENUE BETWEEN ACRES STREET AND DUFFY STREET IN NORMAN. 20. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT AND/OR POSTPONEMENT OF RESOLUTION R-2223-86: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA PROGRAMMING FEDERAL SURFACE TRANSPORTATION PROGRAM URBANIZED AREA (STP-UZA) FUNDS FOR WIDENING AND RECONSTRUCTION OF 36TH AVENUE N.W., FROM NORTH OF TECUMSEH ROAD TO FRANKLIN ROAD (PHASE I). 21. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT AND/OR POSTPONEMENT OF RESOLUTION R-2223-87: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA PROGRAMMING SURFACE TRANSPORTATION BLOCK GRANT URBANIZED AREA (STBG-UZA) FUNDS FOR ROADWAY AND TRAFFIC SIGNAL MODIFICATIONS AT THE INTERSECTION OF 36TH AVENUE N.W. AND TECUMSEH ROAD. CITY COUNCIL REGULAR MEETING - Tuesday, January 10, 2023 Page |5  22. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2223-88: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, PROGRAMMING FEDERAL SURFACE TRANSPORTATION BLOCK GRANT URBANIZED AREA (STBG-UZA) FUNDS FOR ROADWAY AND TRAFFIC SIGNAL MODIFICATIONS AT THE INTERSECTIONS OF TECUMSEH ROAD WITH FLOOD AVENUE AND 24TH AVENUE N.W. IN NORMAN. NON-CONSENT ITEMS Land Use Plan Amendment 23. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2223-53: 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 EAST HALF (E/2) OF THE SOUTHWEST QUARTER (SW/4), OF SECTION THIRTY-FOUR (34), TOWNSHIP TEN NORTH (T-10-N), RANGE THREE WEST (R-3-W) OF THE INDIAN MERIDIAN (I.M.), CLEVELAND COUNTY, OKLAHOMA, FROM THE LOW DENSITY RESIDENTIAL DESIGNATION AND OFFICE DESIGNATION AND PLACE THE SAME IN THE MIXED USE DESIGNATION. (NORTH OF INDIAN HILLS ROAD AND ¼ MILE EAST OF 48TH AVENUE N.W.) Second Reading Ordinance 24. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF ORDINANCE O-2223-16 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 THE EAST HALF (E/2) OF THE SOUTHWEST QUARTER (SW/4) OF SECTION THIRTY-FOUR (34), TOWNSHIP TEN NORTH (T-10-N), RANGE THREE WEST (R-3-W) OF THE INDIAN MERIDIAN, TO NORMAN, CLEVELAND COUNTY, OKLAHOMA, FROM THE R-1, SINGLE FAMILY DWELLING DISTRICT, AND CO, SUBURBAN OFFICE COMMERCIAL DISTRICT, AND PLACE SAME IN THE PUD, PLANNED UNIT DEVELOPMENT DISTRICT; AND PROVIDING FOR THE SEVERABILITY THEREOF. (NORTH OF INDIAN HILLS ROAD AND ONE-FOURTH MILE EAST OF 48TH AVENUE N.W.) Preliminary Plats 25. CONSIDERATION OF ACCEPTANCE, APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF PRELIMINARY PLAT PP-2223-3: FOR REDLANDS ADDITION, A PLANNED UNIT DEVELOPMENT. (GENERALLY LOCATED ONE-HALF MILE WEST OF 36TH AVENUE N.W. ON THE NORTH SIDE OF INDIAN HILLS ROAD). CITY COUNCIL REGULAR MEETING - Tuesday, January 10, 2023 Page |6  Grant Recommendation and Approval 26. CONSIDERATION OF APPROVAL, REJECTION, AMENDMENT AND/OR POSTPONEMENT OF THE RECOMMENDATION FROM THE UNITED WAY OF NORMAN TO PROVIDE GRANTS USING AMERICAN RESCUE PLAN ACT (ARPA) FUNDS TO QUALIFYING LOCAL NON-PROFITS, CONTRACTS K-2223-88 THROUGH K-2223-107 ALLOCATING ARPA FUNDS TO NON-PROFIT RECIPIENTS AS RECOMMENDED BY THE UNITED WAY OF NORMAN AND AS OUTLINED IN THE STAFF REPORT AND SETTING FORTH OBLIGATIONS RELATED THERETO, AND BUDGET APPROPRIATIONS AS OUTLINED IN THE STAFF REPORT. EXECUTIVE SESSION 27. CONSIDERATION OF ADJOURNING INTO AN EXECUTIVE SESSION AS AUTHORIZED BY OKLAHOMA STATUTES, TITLE 25 § 307(B)(4) TO DISCUSS PENDING LITIGATION ASSOCIATED WITH THE CITY OF NORMAN VS. UPLANDS DEVELOPMENT COMPANY, ET AL, CLEVELAND COUNTY COURT CASE CJ-2021-227, AND CITY OF NORMAN VS. HALLBROOKE DEVELOPMENT GROUP ONE, L.L.C., ET AL, CLEVELAND COUNTY COURT CASE CV-2021-228, AND TITLE 25 § 307(B)(3) TO DISCUSS THE POSSIBLE ACQUISITION OF REAL PROPERTY LOCATED AT 309 NORMAN CENTER COURT. 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, January 10, 2023 Page |7