City Council Regular Meeting

CITY OF NORMAN, OK CITY COUNCIL REGULAR MEETING Municipal Building, Council Chambers, 201 West Gray, Norman, OK 73069 Tuesday, June 11, 2024 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, relation, 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 PROCLAMATIONS 1. CONSIDERATION OF ACKNOWLEDGMENT, ACCEPTANCE, REJECTION, AND/OR POSTPONEMENT OF PROCLAMATION P-2324-38: A PROCLAMATION OF THE MAYOR OF THE CITY OF NORMAN, OKLAHOMA, PROCLAIMING WEDNESDAY, JUNE 19, 2024, AS JUNETEENTH DAY IN THE CITY OF NORMAN. COUNCIL ANNOUNCEMENTS CITY COUNCIL REGULAR MEETING - Tuesday, June 11, 2024 Page |1 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 2 through Item 19 be placed on the consent docket. APPROVAL OF MINUTES 2. CONSIDERATION OF APPROVAL, ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF THE MINUTES AS FOLLOWS: CITY COUNCIL COMMUNITY PLANNING AND TRANSPORTATION COMMITTEE MEETING MINUTES OF NOVEMBER 30, 2023. CITY COUNCIL BUSINESS AND COMMUNITY AFFAIRS COMMITTEE MEETING MINUTES OF DECEMBER 7, 2023. First Reading Ordinance 3. CONSIDERATION OF ADOPTION. REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF ORDINANCE O-2324-42 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 THE SOUTHWEST QUARTER (SW/4) OF SECTION ELEVEN (11), TOWNSHIP NINE (9) NORTH, RANGE THREE (3) WEST OF THE INDIAN MERIDIAN, TO NORMAN, CLEVELAND COUNTY, OKLAHOMA, FROM THE PUD, PLANNED UNIT DEVELOPMENT DISTRICT, AND PLACE SAME IN THE PUD, PLANNED UNIT DEVELOPMENT DISTRICT; AND PROVIDING FOR THE SEVERABILITY THEREOF. (EAST OF 36TH AVENUE N.W., NORTH OF W. TECUMSEH ROAD, AND WEST OF I-35) 4. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF ORDINANCE O-2324-48 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 THE SOUTHEAST QUARTER (SE/4) OF THE NORTHWEST QUARTER (NW/4) OF SECTION SEVEN (7), TOWNSHIP EIGHT (8) NORTH, RANGE TWO (2) WEST OF THE INDIAN MERIDIAN, CLEVELAND COUNTY, OKLAHOMA, FROM THE A-2, RURAL AGRICULTURAL DISTRICT, AND PLACE THE SAME IN THE RM-6, MEDIUM DENSITY APARTMENT DISTRICT, OF SAID CITY; AND PROVIDING FOR THE SEVERABILITY THEREOF. (716 SONIA DRIVE) CITY COUNCIL REGULAR MEETING - Tuesday, June 11, 2024 Page |2  5. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF ORDINANCE O-2324-52 UPON FIRST READING BY TITLE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, CLOSURE OF A TWENTY FOOT (20’) WIDTH RIGHT-OF-WAY LOCATED ADJACENT TO LOTS 12, 13 AND 14, BLOCK 1, STATE UNIVERSITY ADDITION. Appointments 6. CONSIDERATION OF ACCEPTANCE, APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF THE PROPOSED APPOINTMENTS OF DREW NICHOLS AS PRESIDING JUDGE; GAIL BLAYLOCK AND BLAINE NICE AS ASSOCIATE JUDGES, AND DAVID POARCH AS ACTING JUDGE OF THE MUNICIPAL CRIMINAL COURT EACH FOR A TERM BEGINNING JULY 1, 2024, AND ENDING JUNE 30, 2026. Reports/Communications 7. 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. Request for Payment 8. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT AND/OR POSTPONEMENT OF PAYMENT OF QUALITY JOBS INCENTIVE TO THE NORMAN ECONOMIC DEVELOPMENT COALITION IN THE AMOUNT OF $104,615 IN ACCORDANCE WITH CONTRACT K-1314-106, UNIVERSITY NORTH PARK TAX INCREMENT FINANCE DISTRICT #2 (UNP TIF) DEVELOPMENT AGREEMENT 6, AS AMENDED; AND APPROPRIATION OF UNP TIF FUND BALANCE. Donation 9. CONSIDERATION OF ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF A DONATION IN THE AMOUNT OF $12,000, FOR THE PURCHASE OF EMMA CAPNOGRAPHY AIRWAY DEVICES FROM THE CLEVELAND COUNTY PUBLIC SAFETY SALES TAX COMMITTEE (CCPSST) TO BE USED BY THE NORMAN FIRE DEPARTMENT AND APPROPRIATE THE FUNDS AS OUTLINED IN THE STAFF REPORT. CITY COUNCIL REGULAR MEETING - Tuesday, June 11, 2024 Page |3  10. CONSIDERATION OF ACCEPTANCE, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF A DONATION IN THE AMOUNT OF $400 FROM NORMAN PUBLIC SCHOOLS TO BE USED AT THE NORMAN ANIMAL WELFARE CENTER. Easement 11. CONSIDERATION OF ACCEPTANCE, APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF NORMAN RURAL CERTIFICATE OF SURVEY COS-2324-3: FOR COOK FAMILY FARM AND EASEMENT NUMBERS E-2324-146 AND E-2324-147 (LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF TECUMSEH ROAD AND 48th AVENUE NE.) 12. CONSIDERATION OF ACCEPTANCE, APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF EASEMENT E-2324-148: A PUBLIC RIGHT-OF-WAY EASEMENT; EASEMENT E-2324-149: A PUBLIC UTILITY EASEMENT; EASEMENT E-2324-150: A TEMPORARY CONSTRUCTION EASEMENT; EASEMENT E-2324-151: A PUBLIC RIGHT-OF-WAY EASEMENT; EASEMENT E-2324-152: A TEMPORARY CONSTRUCTION EASEMENT; EASEMENT E-2324-153: A TEMPORARY CONSTRUCTION EASEMENT, ALL DONATED BY THE CITY OF NORMAN FOR THE JENKINS AVENUE WIDENING 2019 BOND PROJECT. Contracts 13. CONSIDERATION OF ACCEPTANCE, APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF AMENDMENT TWO TO CONTRACT K-2021-39: BY AND BETWEEN THE CITY OF NORMAN AND FREESE AND NICHOLS, INC., IN THE AMOUNT OF $34,175, TO CONDUCT FEASIBILITY STUDIES FOR BEST MANAGEMENT PRACTICE INSTALLATION IN WOODCREST CREEK WATERSHED AS OUTLINED IN THE STAFF REPORT. 14. CONSIDERATION OF ACCEPTANCE, APPROVAL, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF THE FINAL ACCEPTANCE OF CONTRACT K-2324-126: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND HAPPY PLAYGROUNDS L.L.C., FOR THE FALLS-LAKEVIEW PARK PLAYGROUND PROJECT AND FINAL PAYMENT OF $135,000. CITY COUNCIL REGULAR MEETING - Tuesday, June 11, 2024 Page |4  15. CONSIDERATION OF ACCEPTANCE, APPROVAL, REJECTION, AMENDMENT AND/OR POSTPONEMENT OF CONTRACT K-2324-128: A CONTRACT BY AND BETWEEN THE NORMAN UTILITIES AUTHORITY AND GARVER, LLC., IN THE AMOUNT OF $730,343, FOR PROFESSIONAL SERVICES FOR THE NORMAN WASTEWATER RECLAMATION FACILITY BIOSOLIDS AND CONTAMINANTS OF EMERGING CONCERN SAMPLING PROJECT AND BUDGET APPROPRIATION AS OUTLINED IN THE STAFF REPORT. 16. CONSIDERATION OF ACCEPTANCE, APPROVAL REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF CONTRACT K-2324-143: BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND DAVEY RESOURCE GROUP, INC, FOR URBAN FORESTRY SERVICES FOR THE PARKS AND RECREATION DEPARTMENT AS OUTLINED IN THE STAFF REPORT. 17. CONSIDERATION OF ACCEPTANCE, APPROVAL, REJECTION, AMENDMENT AND/OR POSTPONEMENT OF CONTRACT K-2324-185: AN AGREEMENT BETWEEN THE CITY OF NORMAN, OKLAHOMA AND THE BOARD OF COUNTY COMMISSIONERS, CLEVELAND COUNTY, OKLAHOMA, FOR A COOPERATIVE INTERLOCAL AGREEMENT FOR THE MAINTENANCE, CONSTRUCTION, AND REPAIR OF SECTION LINE ROADS, SHARED MOWING RESPONSIBILITIES, AND PROVIDING FOR CERTAIN ON-CALL SERVICES DURING INCLEMENT WEATHER FOR THE 2024-2025 FISCAL YEAR. Resolutions 18. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2324-148: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA ADOPTING A SAFE ROUTES TO SCHOOL POLICY. 19. CONSIDERATION OF APPROVAL, ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF RESOLUTION R-2324-149: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN ACCEPTING THE AWARD OF $776,714 THROUGH THE FEDERAL TRANSIT ADMINISTRATION’S FISCAL YEAR 2023 LOW- OR NO-EMISSION VEHICLE GRANT PROGRAM AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT, EXECUTE, AND FILE AN APPLICATION ON BEHALF OF THE CITY OF NORMAN TO FORMALLY PROGRAM THE PROJECT AWARD; AND ADOPTION OF BUDGET APPROPRIATION AND TRANSFERS AS OUTLINED IN THE STAFF REPORT. CITY COUNCIL REGULAR MEETING - Tuesday, June 11, 2024 Page |5 NON-CONSENT ITEMS 20. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF ORDINANCE O-2324-55 UPON SECOND AND FINAL READING: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, AMENDING SECTIONS 6-105 (“PERMIT FEE SCHEDULE”) IN ARTICLE 6-I (“BUILDINGS AND BUILDING REGULATIONS IN GENERAL”) AND 6-209 (“ADOPTION OF THE RESIDENTIAL CODE”) IN ARTICLE 6-II (“CONSTRUCTION CODES”), BOTH IN CHAPTER 6 (“BUILDINGS AND BUILDING REGULATIONS”) IN ORDER TO ESTABLISH AN ENERGY INCENTIVE PROGRAM FOR RESIDENCES ACHIEVING A HERS/ERI SCORE NO LESS THAN SEVEN (7) POINTS LOWER THAN THE RESIDENTIAL ENERGY CODE REQUIREMENT AS ADOPTED BY THE CITY OF NORMAN AT A GIVEN TIME; AND PROVIDING FOR THE SEVERABILITY THEREOF. 21. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT AND/OR POSTPONEMENT OF RESOLUTION R-2324-150: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN AUTHORIZING THE CALLING AND HOLDING OF A SPECIAL ELECTION IN SAID CITY OF NORMAN, STATE OF OKLAHOMA (THE CITY) ON THE 27TH DAY OF AUGUST 2024 FOR THE PURPOSE OF SUBMITTING TO THE REGISTERED, QUALIFIED ELECTORS OF SAID CITY THE QUESTION OF APPROVING OR REJECTING THE ESTABLISHMENT OF INCREMENT DISTRICT NO. 4, A SALES TAX INCREMENT DISTRICT (TIF 4), AND INCREMENT DISTRICT NO. 5, AN AD VALOREM DISTRICT (TIF 5), LOCATED IN THE ROCK CREEK ENTERTAINMENT DISTRICT (ENTERTAINMENT DISTRICT) LOCATED ON CERTAIN REAL PROPERTY IN THE CITY EAST OF INTERSTATE 35 BETWEEN TECUMSEH ROAD AND ROBINSON STREET. 22. CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT AND/OR POSTPONEMENT OF RESOLUTION R-2324-156: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, DIRECTING THE CITY MANAGER TO ENGAGE A QUALIFIED FIRM TO CONDUCT A SURVEY OF NORMAN RESIDENTS REGARDING THE PROPOSED ROCK CREEK ENTERTAINMENT DISTRICT TO GAUGE COMMUNITY SUPPORT FOR THE PROPOSED TAX INCREMENT FINANCING OF THE PROJECT, WITH RESULTS TO BE PROVIDED TO CITY COUNCIL PRIOR TO ITS CONSIDERATION OF THE ROCK CREEK ENTERTAINMENT DISTRICT PROPOSAL, AND PROVIDING FOR AN APPROPRIATION OF FUNDS IN THE AMOUNT OF $15,000. CITY COUNCIL REGULAR MEETING - Tuesday, June 11, 2024 Page |6 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. Executive Session 23. CONSIDERATION OF ADJOURNING INTO AN EXECUTIVE SESSION AS AUTHORIZED BY OKLAHOMA STATUTES, TITLE 25 §307(B)(4) TO DISCUSS PENDING LITIGATION IN THE CASE OF SMITH VS. THE CITY OF NORMAN, CLEVELAND COUNTY DISTRICT COURT CASE CIV-22-1002 JD (WDOK 2022). ADJOURNMENT CITY COUNCIL REGULAR MEETING - Tuesday, June 11, 2024 Page |7