City Council Regular Meeting

CITY OF NORMAN, OK CITY COUNCIL REGULAR MEETING Municipal Building, Council Chambers, 201 West Gray, Norman, OK 73069 Tuesday, April 25, 2023 at 6:30 PM AGENDA AS AMENDED 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, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF THE MINUTES AS FOLLOWS: CITY COUNCIL MINUTES OF JANUARY 24, 2023 NORMAN UTILITIES AUTHORITY MINUTES OF JANUARY 24, 2023 CITY COUNCIL REGULAR MEETING - Tuesday, April 25, 2023 Page |1  NORMAN MUNICIPAL AUTHORITY MINUTES OF JANUARY 24, 2023 NORMAN TAX INCREMENT FINANCE AUTHORITY MINUTES OF JANUARY 24, 2023 CITY COUNCIL MINUTES OF FEBRUARY 14, 2023 NORMAN UTILITIES AUTHORITY MINUTES OF FEBRUARY 14, 2023 NORMAN MUNICIPAL AUTHORITY MINUTES OF FEBRUARY 14, 2023 NORMAN TAX INCREMENT FINANCE AUTHORITY MINUTES OF FEBRUARY 14, 2023 PROCLAMATIONS 2. CONSIDERATION OF ACKNOWLEDGEMENT, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF PROCLAMATION P-2223-20: A PROCLAMATION OF THE MAYOR OF THE CITY OF NORMAN, OKLAHOMA, PROCLAIMING THE MONTH OF MAY, 2023, AS TREATMENT COURT MONTH IN THE CITY OF NORMAN. 3. CONSIDERATION OF ACKNOWLEDGEMENT, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF PROCLAMATION P-2223-23: A PROCLAMATION OF THE MAYOR OF THE CITY OF NORMAN, OKLAHOMA, PROCLAIMING THURSDAY, APRIL 27, 2023, AS LEADERSHIP OKLAHOMA DAY 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 25 be placed on the consent docket. First Reading Ordinance 4. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF ORDINANCE O-2223-28 UPON FIRST READING BY TITLE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AMENDING SECTION 36-201 OF THE CODE OF THE CITY OF NORMAN SO AS TO REMOVE PART OF LOT TEN (10) OF SECTION TWO (2), TOWNSHIP EIGHT (8) NORTH, RANGE THREE (3) WEST OF THE INDIAN MERIDIAN, TO NORMAN, CLEVELAND COUNTY, OKLAHOMA, FROM THE R-1, SINGLE FAMILY DWELLING DISTRICT AND PLACE THE SAME IN THE C-2, GENERAL COMMERCIAL DISTRICT, OF SAID CITY; AND PROVIDING FOR THE SEVERABILITY THEREOF. (2516 BRIGGS STREET) Reports/Communications CITY COUNCIL REGULAR MEETING - Tuesday, April 25, 2023 Page |2  5. CONSIDERATION OF ACKNOWLEDGEMENT, APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RECEIPT OF THE FINANCE DIRECTOR'S INVESTMENT REPORT AS OF MARCH 31, 2023, AND DIRECTING THE FILING THEREOF. 6. CONSIDERATION OF ACKNOWLEDGEMENT, APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF THE MONTHLY DEPARTMENTAL REPORTS FOR THE MONTH OF MARCH, 2023. ACCEPTANCE OF A GRANT 7. CONSIDERATION OF ACCEPTANCE, APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF A GRANT IN THE AMOUNT OF $10,000 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 AND BUDGET APPROPRIATION AS OUTLINED IN THE STAFF REPORT. Contracts 8. CONSIDERATION OF APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF AMENDMENT NO. TEN TO CONTRACT K-1516-110: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, THE NORMAN MUNICIPAL AUTHORITY, AND ADG, P.C.,/BLATT INCREASING THE CONTRACT BY $29,800 FOR A REVISED CONTRACT AMOUNT OF $4,911,863.14 TO PROVIDE AUDIO/VIDEO CONSULTING SERVICES FOR THE SENIOR WELLNESS CENTER AND PURCHASING OF FURNITURE AND COORDINATION OF MOVING FOR BUILDING C (HUMAN RESOURCES AND INFORMATION TECHNOLOGY DEPARTMENTS) FOR THE MUNICIPAL COMPLEX RENOVATION PROJECT. 9. CONSIDERATION OF APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF AMENDMENT NO. ONE TO CONTRACT K-1718-78: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND CITYVIEW, A DIVISION OF HARRIS CORPORATION, INCREASING THE CONTRACT AMOUNT BY $20,918 FOR A REVISED CONTRACT AMOUNT OF $704,869 TO PROVIDE ADDITIONAL SOFTWARE INTEGRATION FOR OVER-THE-COUNTER PAYMENTS AND ADDITIONAL PROGRAMMING AND CONFIGURATION COSTS IDENTIFIED DURING SCOPING OF THE PROJECT. 10. CONSIDERATION OF APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF AMENDMENT NO. TWO TO CONTRACT K-1718-79: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND ADVANCED UTILITIES SYSTEMS, A DIVISION OF N. HARRIS CORPORATION, INCREASING THE CONTRACT AMOUNT BY $140,250 FOR A REVISED CONTRACT AMOUNT OF $1,530,484.50 TO PROVIDE AN INTEGRATED WORK ORDER SOLUTION FOR USE IN THE METER SERVICES AND UTILITY CUSTOMER SERVICE DIVISIONS. 11. CONSIDERATION OF APPROVAL, ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF AMENDMENT FIVE TO CONTRACT K-1920-133: BY CITY COUNCIL REGULAR MEETING - Tuesday, April 25, 2023 Page |3  AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, THE NORMAN MUNICIPAL AUTHORITY, AND CROSSLAND CONSTRUCTION COMPANY, INC., INCREASING THE CONTRACT BY $3,200,000 TO ESTABLISH GUARANTEED MAXIMUM PRICE FOR THE RECONSTRUCTION OF BUILDING C (HR AND IT DEPARTMENTS) AND THE ENCLOSURE OF THE PARKING LOT AT THE POLICE DEPARTMENT, AND ASSOCIATED IMPROVEMENTS FOR THE MUNICIPAL COMPLEX RENOVATION PROJECT. 12. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CHANGE ORDER NO. TWO TO CONTRACT K-2122- 89: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND PARATHON CONSTRUCTION COMPANY DECREASING THE CONTRACT AMOUNT BY $10,118.36 FOR A REVISED AMOUNT OF $321,972.14 FOR THE MCCULLOUGH STREET AND ALLEY RECONSTRUCTION PROJECT, FINAL ACCEPTANCE OF THE PROJECT, AND FINAL PAYMENT IN THE AMOUNT OF $19,661.12. 13. CONSIDERATION OF ACCEPTANCE, APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF AMENDMENT NO. ONE TO CONTRACT K-2122-124: A GRANT EXTENSION AND MODIFICATION TO INCREASE THE ORIGINAL AWARD OF $75,000 BY $26,250 FOR A REVISED AMOUNT OF $101,250 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, AND BUDGET APPROPRIATION AS OUTLINED IN THE STAFF REPORT. 14. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CHANGE ORDER NO. TWO OF CONTRACT K-2223- 11: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND SAC SERVICES, INC., DECREASING THE CONTRACT AMOUNT BY $6,143.34 FOR A REVISED CONTRACT AMOUNT OF $216,141.55 FOR THE STORMWATER INLET REHABILITATION PROJECT, FINAL ACCEPTANCE OF THE PROJECT, AND FINAL PAYMENT OF $10,807.08. 15. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CONTRACT K-2223-47: A CONTRACT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND NASH CONSTRUCTION COMPANY IN THE AMOUNT OF $728,216.25 FOR THE VINEYARD DRAINAGE IMPROVEMENT PROJECT, PERFORMANCE BOND B-2223-27, STATUTORY BOND B-2223-28, MAINTENANCE BOND MB-2223-18, AND RESOLUTION R2223-32 GRANTING TAX EXEMPT STATUS. 16. CONSIDERATION OF APPROVAL, ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CONTRACT K-2223-137: 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 J3-7941(004) AG, STATE JOB 37941(04), TO PROVIDE A “ROAD DIET” ON ALAMEDA STREET BETWEEN CITY COUNCIL REGULAR MEETING - Tuesday, April 25, 2023 Page |4  CLASSEN BOULEVARD AND RIDGE LAKE BOULEVARD; AND RESOLUTION R- 2223-119. 17. CONSIDERATION OF AWARDING, APPROVAL, ACCEPTANCE, ADOPTION, REJECTION, AND/OR POSTPONEMENT OF REQUEST FOR PROPOSAL RFP- 2223-56 AND CONTRACT K-2223-140: A CONTRACT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND ACS PLAYGROUND ADVENTURES, INC., IN THE AMOUNT OF $200,000, PERFORMANCE BOND B-2223-77; STATUTORY BOND B- 2223-78, AND MAINTENANCE BOND MB-2223-63 FOR THE BENTLEY PARK PLAYGROUND PROJECT, AND RESOLUTION R-2223-123 GRANTING TAX EXEMPT STATUS. 18. CONSIDERATION OF APPROVAL, REJECTION, AMENDMENT AND/OR POSTPONEMENT OF CONTRACT K-2223-146: A ROAD USE AND MAINTENANCE MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND NEXTERA ENERGY TRANSMISSION SOUTHWEST, L.L.C., TO PROVIDE A FRAMEWORK FOR ROADWAY PROTECTION, REPAIR AND MAINTENANCE BY NEXTERA RELATING TO ITS MINCO-PLEASANT VALLEY- DRAPER TRANSMISSION LINE PROJECT. 19. CONSIDERATION OF APPROVAL, REJECTION, AMENDMENT AND/OR POSTPONEMENT OF CONTRACT K-2223-149: A PARTICIPATION AGREEMENT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, THE VINEYARD ASSOCIATION, INC., AND DAVID E. AND BRENDA J. YEAKLEY RELATING TO THE VINEYARD DRAINAGE IMPROVEMENT PROJECT INCLUDING A PAYMENT OF $3,000 FOR A TEMPORARY CONSTRUCTION EASEMENT SET FORTH IN THE CONTRACT. Resolutions 20. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2223-120: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, TRANSFERRING $12,714 FROM THE REIMBURSEMENTS-CITIZEN SIDEWALK ACCOUNT AND APPROPRIATING $7,000 FROM THE CAPITAL FUND BALANCE TO REPLENISH THE CITYWIDE SIDEWALK AND CURB RECONSTRUCTION PROJECT – “50/50 PROGRAM.” 21. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2223-124: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, CHANGING A STREET NAME FROM MEMPHIS LANE TO ZAYDEN LANE IN THE FINAL PLAT OF CEDAR LANE, SECTION III DEVELOPMENT. 22. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2223-126: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AUTHORIZING JOINT PETITION SETTLEMENT OF THE CLAIM FILED BY DARIN HIETT UNDER THE PROVISIONS OF THE WORKERS' COMPENSATION STATUTES OF THE STATE OF OKLAHOMA IN THE CASE OF DARIN HIETT V. THE CITY OF NORMAN, WORKERS’ CITY COUNCIL REGULAR MEETING - Tuesday, April 25, 2023 Page |5  COMPENSATION COMMISSION CASE 2022-01014 Q; DIRECTING THE LEGAL DEPARTMENT TO THEN FILE SUCH SETTLEMENT AND ALL ATTENDANT COSTS IN THE WORKERS' COMPENSATION COMMISSION, OKLAHOMA CITY, OKLAHOMA; AND AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR TO SUBSEQUENTLY PURCHASE SUCH WORKERS' COMPENSATION COMMISSION JUDGMENT FROM THE RISK MANAGEMENT INSURANCE FUND. 23. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2223-127: A RESOLUTION OF THE NORMAN UTILITIES AUTHORITY APPROPRIATING $422,800 FROM THE WATER FUND BALANCE TO BE USED FOR WATER TREATMENT PLANT CHEMICALS, ELECTRICITY, AND PARTS. 24. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2223-128: A RESOLUTION OF THE NORMAN UTILITIES AUTHORITY APPROPRIATING $110,000 FROM THE WATER RECLAMATION FUND BALANCE TO BE USED TO COVER THE COST OF ELECTRICITY FOR THE REMAINDER OF FYE 2023. 25. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2223-129: A RESOLUTION OF THE NORMAN UTILITIES AUTHORITY AND NORMAN MUNICIPAL AUTHORITY, REDUCING WATER FUND APPROPRIATIONS BY $719,874.32; WASTEWATER RECLAMATION APPROPRIATIONS BY $3,000,000; AND SANITATION FUND APPROPRIATIONS BY $1,185,000; AND CLOSING CAPITAL PROJECTS. OFF CONSENT ITEMS. 26. CONDUCTING AND CLOSING THE FIRST PUBLIC HEARING FOR CONSIDERATION OF APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT THE FYE 2024 CITY OF NORMAN PROPOSED OPERATING AND CAPITAL BUDGETS. 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. 27. CONSIDERATION OF ADJOURNING INTO AN EXECUTIVE SESSION AS AUTHORIZED BY OKLAHOMA STATUTES, UNDER TITLE 25 § 307(B)(4) TO DISCUSS PENDING LITIGATION ASSOCIATED WITH SHAZ INVESTMENT GROUP, L.L.C., VS. THE CITY OF NORMAN, CLEVELAND COUNTY COURT CASE CJ-2021- 1044(K) AND JACOBS VS. THE CITY OF NORMAN,, ET AL., CLEVELAND COUNTY COURT CASE CJ-2022-749 MT AND AS AUTHORIZED UNDER TITLE 25 § 307(B)(3) TO DISCUSS THE POSSIBLE PURCHASE OF REAL PROPERTY LOCATED AT 218 SOUTH LAHOMA AVENUE AND AN UPDATE ON ACQUISITION OF REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF OAKHURST AVENUE AND IMHOFF ROAD. CITY COUNCIL REGULAR MEETING - Tuesday, April 25, 2023 Page |6 ADJOURNMENT CITY COUNCIL REGULAR MEETING - Tuesday, April 25, 2023 Page |7