City Council Regular Meeting

CITY OF NORMAN, OK CITY COUNCIL REGULAR MEETING Municipal Building, Council Chambers, 201 West Gray, Norman, OK 73069 Tuesday, April 11, 2023 at 6:30 PM AGENDA – AMENDED 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 AWARDS AND PRESENTATIONS 1. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT AND/OR POSTPONEMENT OF RESOLUTION R-2223-122: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AWARDING THE INAUGURAL JAMES O. HARP ENVIRONMENTAL RECOGNITION AWARD, IN CONJUNCTION WITH THE NORMAN ENVIRONMENTAL CONTROL ADVISORY BOARD. CITY COUNCIL REGULAR MEETING - Tuesday, April 11, 2023 Page |1 PROCLAMATIONS 2. CONSIDERATION OF ACKNOWLEDGMENT, APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF PROCLAMATION P-2223-18: A PROCLAMATION OF THE MAYOR OF THE CITY OF NORMAN PROCLAIMING THE WEEK OF APRIL 10 THROUGH 14, 2023, AS NATIONAL COMMUNITY DEVELOPMENT WEEK IN THE CITY OF NORMAN. 3. CONSIDERATION OF ACKNOWLEDGMENT, APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF PROCLAMATION P-2223-19: A PROCLAMATION OF THE MAYOR OF THE CITY OF NORMAN PROCLAIMING THE MONTH OF APRIL, 2023, AS FAIR HOUSING MONTH 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 4 through Item 17 be placed on the consent docket. Reports/Communications 4. CONSIDERATION OF ACKNOWLEDGEMENT, APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF THE CITY MANAGER’S CONTRACT AND CHANGE ORDER REPORT. 5. CONSIDERATION OF ACKNOWLEDGEMENT, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RECEIPT OF THE NORMAN FORWARD FINANCIAL OVERSIGHT BOARD ANNUAL REPORT FROM JANUARY 1, 2022, THROUGH MARCH 31, 2023. Bids 6. CONSIDERATION OF AWARDING, ACCEPTANCE, REJECTION. AMENDMENT, AND/OR POSTPONEMENT OF BID-2223-48: SUBMITTED BY BOB CUNNINGHAM, INC., FOR THE PURCHASE OF SCREENED TOPSOIL IN THE AMOUNT OF $35.00 PER CUBIC YARD FOR THE LINE MAINTENANCE DIVISION Ratification of Declaration of an Emergency 7. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AND/OR POSTPONEMENT OF RATIFICATION OF THE DECLARATION OF AN EMERGENCY DUE TO A TORNADO ON FEBRUARY 27, 2023, AND REPAIRS DONE TO THE NORMAN POLICE FIRING RANGE AT 4328 SOUTH JENKINS AVENUE, WHICH WAS DAMAGED BY THE TORNADO ON FEBRUARY 27, 2023, AND BUDGET APPROPRIATION AS OUTLINED IN THE STAFF REPORT. CITY COUNCIL REGULAR MEETING - Tuesday, April 11, 2023 Page |2  Contracts 8. AMENDMENT TWO TO CONTRACT K-1819-99: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, THE NORMAN MUNICIPAL AUTHORITY, AND THE MCKINNEY PARTNERSHIP ARCHITECTS INCREASING THE CONTRACT IN AN AMOUNT NOT-TO-EXCEED $187,500 FOR A REVISED CONTRACT AMOUNT OF $1,688,242 FOR THE SECOND PHASE OF DESIGN SERVICES RELATED TO THE NORMAN MUNICIPAL COMPLEX RENOVATION PROJECT FOR BUILDING C, HUMAN RESOURCES AND INFORMATION TECHNOLOGY. 9. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CHANGE ORDER NO. ONE TO CONTRACT K-2122-86: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND MATTHEWS TRENCHING COMPANY, INC., INCREASING THE CONTRACT AMOUNT BY $22,811 FOR A REVISED CONTRACT AMOUNT OF $822,441 AND ADDING 139 CALENDAR DAYS TO THE CONTRACT FOR THE 36TH AVENUE N.W. WATER LINE PROJECT, PHASE 2, FINAL ACCEPTANCE OF THE PROJECT, AND FINAL PAYMENT IN THE AMOUNT OF $78,386.75. 10. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF THE FINAL ACCEPTANCE OF CONTRACT K-2122-97: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND HAPPY PLAYGROUNDS L.L.C., FOR THE CHERRY CREEK PARK PLAYGROUND PROJECT AND FINAL PAYMENT OF $11,900. 11. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CHANGE ORDER NO. TWO TO CONTRACT K-2223-8: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND CIMARRON CONSTRUCTION COMPANY DECREASING THE CONTRACT BY $114,271.75 FOR A REVISED CONTRACT AMOUNT OF $394,332.25 FOR THE FYE 2023 BRIDGE MAINTENANCE PROGRAM, FINAL ACCEPTANCE OF THE PROJECT, AND FINAL PAYMENT IN THE AMOUNT OF $19,716.61. 12. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CHANGE ORDER NO. ONE TO CONTRACT K-2223-72 BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND STRONGHOLD CONSTRUCTION, LLC, INCREASING THE CONTRACT AMOUNT BY $52,980.13, FOR A REVISED CONTRACT AMOUNT OF $928,314.13 FOR COSTS ASSOCIATED WITH ASBESTOS REMEDIATION; AND APPROPRIATION OF CAPITAL FUND BALANCE. 13. CONSIDERATION OF APPROVAL, ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CONTRACT K-2223-136: 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 J3-7939(004) AG, STATE JOB 37939(04), TO PROVIDE AMERICANS WITH DISABILITIES ACT (ADA) TRANSITION ALONG LINDSEY STREET FROM 12TH AVENUE S.E. TO 24TH AVENUE S.E. AND RESOLUTION R-2223-118. CITY COUNCIL REGULAR MEETING - Tuesday, April 11, 2023 Page |3  14. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CONTRACT K-2223-142: A CONTRACT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, THE NORMAN MUNICIPAL AUTHORITY, AND IMAGENET CONSULTING IN THE AMOUNT OF $701,169.23 TO PROVIDE AN AUDIOVISUAL (A/V) SYSTEM FOR THE NORMAN FORWARD YOUNG FAMILY ATHLETIC CENTER PROJECT. Resolutions 15. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2223-114: A RESOLUTION OF THE NORMAN UTILITIES AUTHORITY APPROPRIATING $65,000 FROM THE WATER FUND BALANCE TO BE USED FOR WATER LINE REPAIRS AND RESTORATIONS. 16. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2223-116: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF TRANSPORTATION’S FYE 2022 GRANTS FOR BUSES AND BUS FACILITIES PROGRAM (5339(B)) FOR SIX (6) NEW CUTAWAY TRANSIT BUSES FOR THE PARATRANSIT FLEET; EXPRESSING ITS COMMITMENT TO SEEK FUNDING FOR THE LOCAL MATCH ($258,905) IF SUCH GRANT IS AWARDED AND PROJECT APPROVED. 17. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2223-117: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A GRANT APPLICATION TO THE U.S. DEPARTMENT OF TRANSPORTATION’S FYE 2023 LOW- OR NO-EMISSION VEHICLE PROGRAM GRANT PROGRAM (5339(C)) FOR SIX (6) NEW CUTAWAY TRANSIT BUSES FOR THE PARATRANSIT FLEET; EXPRESSING ITS COMMITMENT TO SEEK FUNDING FOR THE LOCAL MATCH ($258,905) IF SUCH GRANT IS AWARDED AND PROJECT APPROVED. NON-CONSENT ITEMS 18. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF ORDINANCE O-2223-27 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, TO BE RENUMBERED AS SECTION 36-201 EFFECTIVE MARCH 30, 2023, SO AS TO REMOVE PART OF THE SOUTHWEST QUARTER (SW/4) OF SECTION THREE (3), TOWNSHIP NINE (9) NORTH, RANGE TWO (2) WEST OF THE INDIAN MERIDIAN, TO NORMAN, CLEVELAND COUNTY, OKLAHOMA, FROM THE A-2, RURAL AGRICULTURAL DISTRICT, AND PLACE SAME IN THE PUD, PLANNED UNIT DEVELOPMENT DISTRICT; AND PROVIDING FOR THE SEVERABILITY THEREOF. (5201 24TH AVENUE N.E.) CITY COUNCIL REGULAR MEETING - Tuesday, April 11, 2023 Page |4  19. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF ORDINANCE O-2223-36 UPON SECOND AND FINAL READING: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA AMENDING SECTION 21-113 OF THE CODE OF THE CITY OF NORMAN, TO BE RENUMBERED AS SECTION 34-214 EFFECTIVE MARCH 30, 2023, CONTINGENT ON VOTER APPROVAL OF ORDINANCE O-2223-37, INCREASING THE MONTHLY BASE FEE FOR RESIDENTIAL METERED USERS TO TEN DOLLARS AND NINETY CENTS ($10.90); INCREASING THE MONTHLY WATER RATES FOR RESIDENTIAL METERED USERS TO THREE DOLLARS AND FORTY-SIX CENTS ($3.46) PER 1,000 GALLONS FOR THE FIRST 5,000 GALLONS OF WATER USED, FOUR DOLLARS AND FIFTY CENTS ($4.50) PER 1,000 GALLONS FOR 5,001 TO 15,000 GALLONS USED, SIX DOLLARS AND SEVENTY- FIVE CENTS ($6.75) PER 1,000 GALLONS FOR 15,001 TO 20,000 GALLONS USED, AND NINE DOLLARS AND FIFTY-ONE CENTS ($9.51) PER 1,000 GALLONS FOR WATER USED IN EXCESS OF 20,000 GALLONS; INCREASING THE MONTHLY BASE FEE FOR NON-RESIDENTIAL METERED USERS TO TEN DOLLARS AND NINETY CENTS ($10.90); INCREASING THE MONTHLY WATER RATES FOR NON-RESIDENTIAL METERED USERS TO FOUR DOLLARS AND SIXTY-NINE CENTS ($4.69) PER 1,000 GALLONS OF WATER USED UP TO SUCH CUSTOMER'S AVERAGE WINTER CONSUMPTION AS DEFINED HEREIN, AND SEVEN DOLLARS AND FOUR CENTS ($7.04) PER 1,000 GALLONS OF WATER USED IN EXCESS OF SUCH CUSTOMER'S AVERAGE WINTER CONSUMPTION; PROVIDING AN EFFECTIVE DATE FOR SAID INCREASE SUBJECT TO VOTER APPROVAL; AND PROVIDING FOR THE SEVERABILITY THEREOF. 20. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF ORDINANCE O-2223-37 UPON SECOND AND FINAL READING: 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 13TH DAY OF JUNE, 2023, FOR THE PURPOSE OF SUBMITTING TO THE REGISTERED VOTERS OF THE CITY OF NORMAN THE QUESTION OF APPROVING OR REJECTING ORDINANCE NO. O-2223-36, WHICH ORDINANCE AMENDS SECTION 21-113 OF THE CODE OF THE CITY OF NORMAN, TO BE RENUMBERED AS SECTION 34-214 EFFECTIVE MARCH 30, 2023, CONTINGENT ON VOTER APPROVAL OF ORDINANCE O-2223-37, INCREASING THE MONTHLY BASE FEE FOR RESIDENTIAL METERED USERS TO TEN DOLLARS AND NINETY CENTS ($10.90); INCREASING THE MONTHLY WATER RATES FOR RESIDENTIAL METERED USERS TO THREE DOLLARS AND FORTY-SIX CENTS ($3.46) PER 1,000 GALLONS FOR THE FIRST 5,000 GALLONS OF WATER USED, FOUR DOLLARS AND FIFTY CENTS ($4.50) PER 1,000 GALLONS FOR 5,001 TO 15,000 GALLONS USED, SIX DOLLARS AND SEVENTY-FIVE CENTS ($6.75) PER 1,000 GALLONS FOR 15,001 TO 20,000 GALLONS USED, AND NINE DOLLARS AND FIFTY-ONE CENTS ($9.51) PER 1,000 GALLONS FOR WATER USED IN EXCESS OF 20,000 GALLONS; INCREASING THE MONTHLY BASE FEE FOR NON-RESIDENTIAL METERED USERS TO TEN DOLLARS AND NINETY CENTS ($10.90); INCREASING THE MONTHLY WATER RATES FOR NON-RESIDENTIAL METERED USERS TO FOUR DOLLARS AND SIXTY-NINE CENTS ($4.69) PER 1,000 GALLONS OF WATER USED UP TO SUCH CUSTOMER'S AVERAGE WINTER CONSUMPTION AS DEFINED HEREIN, AND SEVEN DOLLARS AND FOUR CENTS ($7.04) PER 1,000 GALLONS OF WATER USED IN EXCESS OF SUCH CUSTOMER'S AVERAGE WINTER CONSUMPTION; PROVIDING AN EFFECTIVE DATE FOR SAID INCREASE SUBJECT TO VOTER APPROVAL; AND PROVIDING FOR THE SEVERABILITY THEREOF. CITY COUNCIL REGULAR MEETING - Tuesday, April 11, 2023 Page |5  21. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2223-121: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, GIVING THE SECRETARY OF THE CLEVELAND COUNTY ELECTION BOARD NOTICE OF A SPECIAL ELECTION TO BE HELD ON JUNE 13, 2023. 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, April 11, 2023 Page |6