4/30/20 Packet

NOTICE OF SPECIAL MEETING OF THE BARTLESVILLE CITY COUNCIL Thursday, April 30, 2020 at 7 p.m. Via Videoconference

City Hall, Council Chambers Per Senate Bill 661 401 S. Johnstone Avenue Bartlesville, OK 74003 Mayor Dale Copeland 918-338-4282

Per Senate Bill 661 City Council Members shall attend by VideoConference.

The public may attend virtually at the following link https://www.cityofbartlesville.org/city-government/city-council/webcast/

AGENDA

1. Call to order the business meeting of the Bartlesville City Council by Mayor Copeland.

2. Roll Call and Establishment of a Quorum.

3. Invocation.

4. Discuss and take possible action on a contract award for an Interactive Art Feature for the Tower Center at Unity Square. Presented by Vice Mayor Alan Gentges.

5. Update from the Bartlesville Development Authority Task Force. Presented by David Wood, President, Bartlesville Development Authority.

6. Review of current COVID-19 mitigation measures and possible action on an ordinance to amend said mitigation measures. Presented by Mayor Dale Copeland.

7. City Manager and Staff Reports.

8. City Council Comments and Inquiries.

9. Adjournment.

The Notice of Meeting and Agenda was received and filed in the Office of the City Clerk and posted in prominent public view at City Hall and posted on the City of Bartlesville website at 5:30 p.m. on Tuesday, April 28, 2020.

Jason Muninger /s/ Elaine Banes Jason Muninger, City Clerk/CFO by Elaine Banes, Deputy City Clerk

City of Bartlesville Website: https://www.cityofbartlesville.org/city-government/city-council/meeting-agendas/ All discussion items are subject to possible action by the City Council. Agenda items requiring a public hearing as required by law will be so noted. The City Council may at their discretion change the order of the business agenda items. City of Bartlesville encourages participation from all its citizens. If participation at any public meeting is not possible due to a disability, notification to the City Clerk at least one working day prior to the scheduled meeting is encouraged to make the necessary accommodations. The City may waive this rule if signing is not the necessary accommodation.

Agenda Item ___ April 28, 2020 Prepared by Terry Lauritsen Water Utilities

I. SUBJECT, ATTACHMENTS, AND BACKGROUND Discuss and take action on a contract award for an Interactive Art Feature for the Tower Center at Unity Square, presented by Alan Gentges. Budget and Source of Funds: $150,000 – 2018 General Obligation Bond Fund, 2019B Issuance

II. STAFF COMMENTS AND ANALYSIS One of the discretionary projects within the 2018 General Obligation Bond extension was to construct a splash pad between Kiddie Park and the pavilion located at the entrance to Johnstone Park. The overall budget for this project was $350,000. In November, 2019, Council approved the reallocation of $150,000 of these project funds to the development of an interactive art and water feature within the Tower Center at Unity Square project site. The proposed location of this interactive feature is shown below.

In December 2018, a call to artists for the project was advertised on-line through the Bartlesville Community Center’s website as well as multiple state and national forums. Twenty-three concepts were received from artists throughout the United States as well as from Poland and Spain. A panel comprised of John West, Price Connors, Jay Webster and Alan Gentges reviewed the concepts and narrowed the

field down to five finalists. These finalists were requested to develop their concept further and include plans, models, photographs and/or renderings to fully illustrate the designer's vision. As part of this development, each designer was tasked to provide a budget and schedule {or the project. The finalists submitted their proposals in March 2020 (note, only 4 of the 5 finalists submitted a proposal). A new panel comprised of Lori Roll, Bob Fraser Marilyn King, Kathy Zervas and Bill Buckles reviewed the proposals. Of the finalists, the panel recommended Amie Jacobsen's art as the winner. On April 15, 2020, the Design Review Committee met and reviewed the finalist submittals. They unanimously recommended awarding the contract to Aime Jacobsen. All the finalist proposals are attached. Ms. Jacobsen's propo al will install 9 Indian Blanket flowers and 3 bees for $105,690, which leaves a budget balance of $44,310. Foundations for the flowers and site improvements (paving, rock, lights and the water feature) were not included in the proposal. The ater feature component will be altered from the bubblers shown in Aime's proposal to a spray feature that will simulate watering the flowers. Scott Ambler believes that the foundations and site improvements can be installed within the available $44,310 budget balance.

III. RECOMMENDED ACTION

Staff recommends awarding the contract to Amie Jacobsen for $105,690.

Date

AIME JACOBSEN Title: “Native Color at Unity Square” Grove of gleaming stainless steel and colorful thick-cast glass “Indian Blanket” flowers attended by honey bees.

Rock landscaping 11.25’ could create a 8.5’ “cove” for the 5’ 11”

Goals: To create a striking centerpiece for Unity Square that represents unity, the Bartlesville community, and the coming together of people with the arts and the natural environment. Also creates a gathering place that would be beautiful all year, yet allows for water-play and interaction in the summer months.

• History and the natural environment: The sculpture is based on Oklahoma’s native state flower of “Indian Blanket”, symbolizing the strong native American history of the area and honoring the natural flora and fauna of the prairie, as well as complementing the natural plantings in the park.

• Unity and Community: The piece will feature several honey bees hovering over the flowers. Not only are honey bees Oklahoma state wildflower another state symbol of Oklahoma, but they symbolize working together as a community. These are also a subtle nod to - Indian Blanket gathering the nectar of the land - oil.

Amie • Size: The flowers will range from 8 ft to 11.25 feet tall , making them a bold image in the landscape. This also keeps them Jacobsen well above the heads of visitors playing www.amiejacobsen.com • Interact with water: See following page... [email protected] Water play and beyond During the summer months, in-ground water jets would spring amongst the cove of flowers, allowing for a water-play area among the piece.

Beyond waterplay, I believe it’s most important to create a piece that is iconic in every season, interesting from every angle, and relatable to all, regardless of education or income level. It’s should be a piece the whole community can enjoy and interact with year round.

View from parking lot side

View from below

Amie Jacobsen

www.amiejacobsen.com [email protected] Perhaps lights could be placed among the rocks for night time up-lighting.

Amie Jacobsen

www.amiejacobsen.com [email protected]

4 ft. diameter Cast Glass Pedals: The pedals of the flowers will be Materials made from thick, cast glass. This is very Stainless steel: heavy and very durable glass! 1” thick Stems, leaves, and pedal frames of the custom castings will be made. This will flower will be made of withstand storms - even hail. Glass will 316 “marine” grade also be coated with a UV stable shatter- stainless steel. proof epoxy coating that holds all the glass together if a brake or cracker was Brass: The centers will to occur. be made from brass with a hammered finish.

Why glass? It will never fade, corrode, or break down. It is UV stable and will last indefinitely.

Note: As the sunlight passes through the glass, it sparkles and cast colored shadows on the ground, adding to 1.5 -2 ft. wonder of the piece.

Stainless steel would be finished with a shiny polished pattern.

Amie Bees: Jacobsen Made from stainless steel and thick colored glass. Bee will be constructed similarly to my “Damsel in www.amiejacobsen.com Blue” sculpture seen to the right. (6ft long). [email protected]

Construction

Brass cover will be the center of the flower, cover the internal structure and have a hammered texture to 1.5” Stainless steel tubing give it character (not illustrated here). used for additional bracing Each petal frame is and supports of flower welded to center heads circle, with internal supports

Glass supported by decorative 4.5” diameter, .237” thick bracing on back side of petal 316 grade stainless steel Glass pinched between upper and tubing for taller stems. 3.5” diameter, .2h” thick 316 lower plates. Top plate screws into grade stainless steel tubing for lower plate.

Head bolts to stem shorter stems. Glass is also silicone into place around at installation. all edges and between plates.

Internal supports are hidden by a cover that adds extra Amie support. Jacobsen Bracing for stems possibly buried in the concrete below grade so stems www.amiejacobsen.com appear to grow directly out of the [email protected] ground. Budget- cost of 9 flowers (as shown) Artist fee is also the slush fund Artist Fee for any unexpected expenses $10,000 Engineering $6500 Maintenance Info Custom Cast glass $2275 Stainless Steel is a timeless, durable, and long lasting material requiring Petals 40ft of 1.5” bar stock, $160 very little maintenance. To further protect the longevity of the finish, 316 ss the sculpture will be coated with a polymer resin blend coating called Stock and stems ss tube - 3.5” and 4.5” $500-$700 ProtectaClear, supplied by Everbrite (www. everbritecoatings.com). The coating will protect heated areas from tarnish and help to protect from 12ft of 1.5” ss tube $200 h factors.

Bending stems $400 Regular Maintenance: To clean the sculpture from everyday dirt and grime, simply wash it down Leaves, plates, gussets laser cut, 316ss $325 with a mild soap and water. A clean, soft towel can then be used to dry any water spots. NO NOT use chemical cleaners or glass cleaner.

Misc. brackets, centers $1000 The glass components are the sculpture are very thick, durable glass coated on the back side with a anti-shatter coating. This glass is far more durable Labor 50 hours/$65 hour $3250 than the average home window. However, if for any reason a glass piece 25 hours/$25 hour $500 is broken, the sculpture is designed to allow the glass to be removed (see Glass Frame Construction page) and replace. Total per flower $8610-$8810 x 9 = 79,290

$2000 per bee,labor 3 bees $6000 and materials

Shipping/Delivery trailer rental $500

Installation

Boom Truck Rental $500 Artist and install assistant 2 Travel $500 nights 2 days labor, artist and Labor $2,400 install assistant $3400 Amie Total 9 flowers, 3 bees installed $105,690 Jacobsen

www.amiejacobsen.com [email protected]

MATTHEW GELLLER Public Art Concept Design For Tower Center at Unity Square

Matthew Geller LOCATION

RAIN GARDEN I purposefully use materials from everyday outdoor environments— anything from benches, to swings, to canopies, to water—and bring them into the realm of art. I create a level of connection to the familiar while highlighting elements of awe and beguilement to create a micro public square— a landmark that defines a sense of place and encourages creative patterns of use.

The works are spirited, accessible, participatory, and very often unexpected. By considering behavioral design and combining strong visuals with dynamic elements that are activated by people and changes in ambient light and weather, the resulting work is in constant flux. The idea is to surprise while fostering a sense of community around an unlikely object or site.

CONCEPT

The artwork employs objects and elements we regularly see in public spaces—pipes, canopies, spheres, water, and fog—and assembles them in a way that changes our experience to create new social interaction. The artwork creates an iconic destination and landmark amid the area designed for music, art, and public events. The artwork will make the site more congenial and communal by bringing in aspects of wonder and surprise, and, ultimately, enriching the community and visitor experience. It is a true folly in the landscape. MIST & WATER

Planted between the Price Tower, the Community Center, and the music shed, the artwork produces a continuous fog, engulfing visitors in its mist and allowing them to revel in its cool, moist air. The fog is in a constant state of flux, sensitive to the slightest changes in wind, temperature, and humidity and can lower the air temperature by as much as 30°F.

Simultaneously eerie, unexpected, and playful, the artwork transforms a corner of this urban park into an ever-changing, otherworldly environment. The work both complements and disrupts its surroundings: its industrial materials, colors, and structure making direct reference to the vertical Tower, spherical Community Center, and the canopied music shed. At night, an in-ground LED light illuminates the colored spheres and the stainless steel pipes...

View from Price Tower ...and also illuminates the mist.

View from Price Tower EXAMPLES OF OTHER GELLER MIST OR MIST & WATER FEATURE PUBLIC ARTWORKS

Chroma Booster, El Paso Woozy Blossom, El Paso (temporary) Cypress Landing, Zoo Miami

Woozy Blossom, 21c Museum Hotel, Oklahoma City Foggy Day, New York City (temporary) Woozy Blossom, 21c Museum Hotel, Oklahoma City The pipes all lean in slightly different directions and at somewhat different angles. The seemingly randomly tilted pipes animate the work suggesting a frozen state of the forces exerted by the mist and wind.

The square shape of both the pipe configuration and the baseplate reference Frank Lloyd Wright’s square bronze plates embedded in the floor in the center of each Price Tower floor. The spheres reference the Community Center’s exterior light fixtures. Some mist condenses on the stainless steel pipes, runs down the pipes, and dribbles through the holes in the two shade canopies and off the edge of the semi-circular drip lips on the six ‘drip pans’ creating a micro water feature.

Mist cooling works by forcing water through specially designed misting nozzles; this creates a mist (fog) of ultra-fine water droplets with an average size of 25 microns or less. With high-pressure mist cooling, you will get an even smaller droplet size, as little as 5 microns. This creates a surface area larger than a football field from just one gallon of water. Imagine how quickly that will evaporate.

The tiny water droplets (fog) quickly absorb the energy (heat) present in the environment and evaporate, becoming water vapor (gas). The energy (heat) used to change the water to a gas is eliminated from the environment, hence the air is cooled lowering the temperature by as much as 30°.

MATERIALS

• Durable industrial materials suitable for outdoors • Low maintenance • Weathering and normal wear & tear are considered intrinsic to the concept DMETER LOSSY POWERCOTED STNLESS STEEL

DMETER LOSSY POWERCOTED STNLESS STEEL

DMETER STNLESS STEEL 1 MST NOZZLES RNDOM ORTL SNDED NSH

NROND LED LHT POWERCOTED STNLESS STEEL RNDOM ORTL SNDED NSH

CONCRETE LRP SLPRESSTNT STNLESS STEEL NSH MTCHES ESTN PTH COLORS LANDSCAPING GRASS PAVER FRENCH DRAIN

NEW PATH

GRASS PAVER

FRENCH DRAIN EXISTING PATH

DRAIN PIPE TO GARDEN DIMENSIONS 10’-4”

5’-0”

3’-0”

1’-9” 3’-3”

0’-6” 1 2 3 DIAMETER

0’-10” 1’-0” 4 13 4’-0” DIAMETER

1’-5”

5 CANOPY

3’-3” 1’-3” A B 6

1’-3” 12 DIAMETER PATH 1’-6”

0’-9” DRIP PLATE 3’-0” 11 10 9 8 7

IN-GROUND LED LIGHT

3” DIAMETER STAINLESS STEEL

N The WDE ENTRNCEET ETWEEN THE PPES RMN THE PTH ND OPEN RE NSDE THE STRCTRE MEET D CCESSLTY DELNES 1’-1” 1’-8” 0’-11” 1’-4”

1” = 1’ 26’ DIMENSIONS

24’

PAVILION ROOF FRONT EDGE 0’-6” DIAMETER STAINLESS STEEL SPHERE 22’

20’

18’

16’

14’ PAVILION ROOF BACK EDGE

0’-4” DIAMETER STAINLESS STEEL SPHERE 12’

10’ CANOPY A DRIP PLATE CANOPY B 8’

6’

4’

2’

1 2 3 4 5 6 7 8 9 10 11 12 13

1/2” = 1’ 14’-0” 23’-0”

COLORS HI-PRESSURE LINE DISTRIBUTION

BELOW-GRADE PVC PIPE WITH 3/8” FLEXIBLE HIGH-PRESSURE LINE FROM THE PUMP IN THE RESTROOM TO THE MANIFOLD

3/8” FLEXIBLE HIGH-PRESSURE HOSE

BELOW-GRADE 2” PVC

RAIN GARDEN

THE MANIFOLD AND HI-PRESSURE LINES ARE LOCATED BELOW A REMOVAL PART OF THE STAINLESS BASE PLATE AND IN A VOID BETWEEN THE BASE PLATE AND THE CONCRETE FOOTING. MANIFOLD ALL OF THE MIST SYSTEM PARTS ARE ACCESSIBLE, REPLACEABLE, AND OFF-THE-SHELF PARTS. STAINLESS STEEL COLUMNS WITH 3/8” HIGH-PRESSURE STEEL TUBES

DRAIN/BLOWOUT VALVE

MATTHEW PACZEK Artist Statement

My inspiration comes from the adjacent Price Tower, the works of Frank Lloyd Wright, and nature. In my research, I found that Wright drew his inspiration from nature; Falling Water, Taliesin, and Price Tower, to name a few. Falling Water expresses the graceful dance of water as it moves and flows. Taliesin incorporates rich stonework into the landscaping, and the Price Tower was inspired by an Oak Tree.

“Wright nicknamed the Price Tower, which was built on the Oklahoma prairie, “the tree that escaped the crowded forest,” referring not only to the building’s construction, but also to the origins of its design. The Price Tower is supported by a central “trunk” of four elevator shafts which are anchored in place by a deep central foundation, as an Oak tree is by its taproot. The nineteen floors of the building are cantilevered from this central core, like the branches of a tree. The outer walls hang from the floors and are clad in patinated copper “leaves.” The building is asymmetrical, and like a tree, “looks different from every angle.”” -Terdiman, David (2014-07-20). “Price Tower: Frank Lloyd Wright’s only skyscraper”. CNET. Retrieved 2014-07-20.

It was this bit of research that sparked my imagination and lead to the concept for my design. Incorporating elements from all three of these works of Wright’s was important for the concept of this sculpture. I wanted to bring in the water from Falling Water, some of the architectural stonework from Taliesen, and the inspiration of an Oak Tree from Price Tower. I also took inspiration from the adjacent community center. Bringing in the organic shapes and warm tones of the building, I integrated these themes into the shape and patina of the leaves. Surrounding the installation is seating utilizing the limestone benches inspired by the architectural renderings provided. This seating provides a relaxing environment for visitors to sit around the sculpture and feel a cool mist from the water feature.

My concept begins with a strong foundation. The base is comprised of two separate parts. Two steel reinforced, precast plinths, perpendicular to the ground. One of the structures measuring 12 feet tall and the other, 8 feet tall. The plinths are precast with embedded stone to simulate the look of many of structures in Taliesen West. Elegantly placed around the 2 bases would be metal flowing oak leaves. These leaves will vary in size from roughly 96 inches to 108 inches long. These would be open and soft shapes, bronze colored to compliment the surrounding area, and the colors of the Bartlesville Community Center. The leaf nearest to the bottom would be at least 7-8 feet off of the ground so that visitors of the park, can walk in-between the pillars through cool refreshing water, creating an interactive aspect to the piece. The overall height of the sculpture would be approximately 16 feet tall. The surrounding pathway leading to the sculpture will incorporate oak leaf shapes stamped into the concrete, to tie into the sculpture. Oklahoma has a rich variety of wildlife, and I wanted to bring that sense of natural beauty into the sculpture. Using the organic leaf shapes, the dynamic stone, and the element of water, I believe this sculpture reflects the natural beauty that Oklahoma has to offer.

I believe that this piece speaks to Bartlesville. This sculpture ties in the history of Price Tower and the architecture of Frank Lloyd Wright, the Bartlesville Community Center, and elements from the Oklahoma environment. My goal for this piece is to create a sculpture that is interactive, and visually appealing to visitors of the park. My vision is to create a sculpture that becomes a landmark for not only the park but is a proud monument to Bartlesville.

Inspiration

Taliesin West - Scottsdale, Arizona Inspiration

Taliesin West - Scottsdale, Arizona

PLACZEK STUDIOS 3716 Leavenworth Street, Omaha, NE 68801 402-551-1200

March 18, 2020

Bartlesville Interactive Art Piece Tower Center at Unity Square

DESCRIPTION:

3) 8-10 ft long 3/8” aluminum leaves. Painted with Automotive urethane paint.

2) Concrete plinths. Colored concrete with natural rock cast in the forms. 8-12 ft tall.

Water feature dripping from one leaf. Line brought to site by owner

Drain in concrete plaza. Line to sewer responsibility of owner.

LED up Lighting installed on plinth. Electrical brought to site.

Shipping, Installation, and insurance.

SCULPTURE BUDGET TOTAL: $150,000.00

Budget does not include landscaping, Sewer, Water and Electrical brought to site.

STAN CARROLL Tower Center at Unity Square Bartlesville, Oklahoma 2020

Proposal by Stan Carroll www.beyondmetal.com CymaGlyph - Frozen Music Music is liquid architecture. Architecture is frozen music. – Johann Wolfgang Von Goethe

How can this public artwork become the common element between seemingly diﬀerent domains and connect the features of this civic cultural district more fully?

Johann Wolfgang Goethe’s quote masterfully ﬁnds intersection between the seemingly parallel domains of music and architecture. Each mutually respectful and co-existant with the other. Goethe implies the two art forms lie on either side of a phase threshold along the same continuum. The CymaGlyph embodies these ideas precisely.

What is a CymaGlyph?

In two words, Frozen Music. The CymaGlyph is an exceptionally beautiful stationary three dimensional structure expressed by sound within a medium of liquid. The CymaGlyph is the complete metaphor, symbolic of relevant agency within a disparate discipline. A cymaglyph is scientiﬁc term regarding a momentary visual image of a complex sound wave produced in the ﬁeld of cymatics. Cymatics is the study of visible sound and vibration governed by hydrodynamics. In cymatics, scientists photograph the light distortion produced when sound waves are projected toward a vessel of water using a device called a cymascope. The sound waves produce visually dazzling, highly complex geometric patterns.

CymaGlyphs - Photo Credit, Scientist John Stuart Reid 2014 What is the vision for this place and how does it relate to Frozen Music?

The place is a coming together of people, music, and architecture. The music types and styles gathered in this park range from the sounds of children playing and splashing in the park, orchestras at the community center, performers at the outdoor stage, and even the ‘sound of the frozen music’ so masterfully performed by Frank Lloyd Wright’s Price Tower. How does the proposed design connect to our project and the Cymaglyphs while expressing tangible ideas about this place?

Frozen Music is... Based on a singular moment within the life of a CymaGlyph. The sculpture is a magniﬁed speculation of the form of a singular area of consideration.

Magniﬁed Area of Consideration

The materialization of the sculpture represents two seemingly disparate systems of architectonic logic, similar to the way Music and Architecture appear to thrive in different domains. One metal face is expressed in a rational parallel system while the other face utilizes a completely different organizational strategy. Both material systems are opposite sides of a singular geometric surface. Both faces conspire to develop structure and purpose, in an offering of a significant contribution to the park and to Bartlesville. The two systems crescendo at the apex of the piece where they invert at an elliptical threshold where the music is frozen, architecture becomes liquid.

Can you touch the music? Or will it touch you? Frozen Music by Stan Carroll www.beyondmetal.com

Full understanding of the geometry is dependent on seeing this video. https://vimeo.com/399041622 Tower Center at Unity Square Bartlesville, Oklahoma 2020

Frozen Music Artist: Stan Carroll

Material: Painted Aluminum Base: Concrete Lighting: LED Water: Well-placed Misters Schedule of Values ($150,000): Duration of the Work:

5% Notice to Proceed Start 10% Design Development 1 Month 10% Shop Drawings 1 Month 25% Laser Cutting and Fabrication 3 Month 10% Foundations 1 Month 20% Installation 2 Month 10% Electrical Concurrent with Above 5% Water Concurrent with Above 5% Punch List 1 Month

Monthly Billing Cycle, interim partial payments based on percent completion. The work will require structural analysis, concrete footings, lighting design. Frozen Music Conceptual Estimate by Stan Carroll, Beyond Metal, Inc.

Base Project: Description: two ply shell, Riveted ply connection, with Integral Structure. Both plys will be painted aluminum ﬁnish. Concrete Base Platform on 18"" deep Grade Beams. Internal and External lighting.

1 Shop Drawings 5,000 2 Laser Cut Metal (aluminum) 30,000 3 Paint 5,000 4 Assembly 30,000 5 Consumables 6,000 6 Travel 3,000 7 Installation 11,000 8 Lifting 3,000 9 Lighting LED 10,000 10 Footing 5,000 11 Overhead 10,000 12 Artist Fee 10,000 13 Structural Engineering 2,000 14 Electrical Engineering 2,000 15 Water Mister system with winterizing 3,000 16 Contingency 15,000 17 Permits Fees 0 18 Sales Tax 0 Base Project Total 150,000 Agenda Item 5. Report will be provided at the meeting. Agenda Item ___6. April 29, 2020

I. SUBJECT, ATTACHMENTS, AND BACKGROUND

Discuss and take possible action to adopt an ordinance repealing Ordinance #3525 and #3526; creating emergency measures related to the COVID-19 Pandemic; and declaring an emergency.

Attachments: Ordinance replacing Ordinance #3525 and #3526 Grid summarizing rollback of proposed ordinance Redline version of changes to consolidated Ordinance #3525 and #3526

II. STAFF COMMENTS AND ANALYSIS

The attached ordinance will repeal and completely replace Ordinance #3525 and #3526. This ordinance is designed to align with the Governor’s “Open Up and Recover Safely” (OURS) plan. In order to align with this plan, many of the conflicting sections from the existing ordinances were removed or modified.

However, the Council did have certain restrictions that were greater than those that are included in the OURS plan. Some of these have been retained and are set to phase out as the OURS plan progresses through its three phases.

Additionally, all items related to masks have been consolidated into a single section for consideration. This would make masks mandatory for employees and customers of certain businesses.

Below is a section by section description of the changes to our existing restrictions. Many of these sections were removed, some will expire at a certain phase of the OURS plan, and a few will be in effect until repealed by the Council.

CHANGES TO EXISTING SECTIONS OF ORDINANCE:

SECTION 1 – revoked and prohibited issuance of special event permits. SET TO EXPIRE.

The Open Up and Recover Safely (OURS) plan has no direct correlation to this restriction. However, this section is very similar to Section 4 that limited gatherings at City facilities. Section 4 matches an item in the OURS plan Phase 2.

SECTION 2 – suspended municipal court and failure to appear warrants. SET TO EXPIRE.

SECTION 3 – suspended code enforcement hearings. SET TO EXPIRE.

The City Manager is drafting a plan to reopen our City facilities that will mostly coincide with Phase 2 of the OURS plan. As such, this section should be lifted during OURS phase 2 and left to the City Manager’s discretion as to how/when these will be allowed. SECTION 4 – prohibited gatherings of greater than 10 people at any City owned and operated facility. SET TO EXPIRE.

The OURS plan states that organized sporting events cannot resume until Phase 2. Currently, this guideline is the only rule that prohibits these events, and as such, it should remain in place until Phase 2.

SECTION 5 – prohibited utility cutoffs. SET TO EXPIRE.

There is no direct correlation to the OURS plan, but to assist our citizens while these restrictions remain in place, this should remain until Phase 3 of the OURS plan. Language has been added allowing longer payment arrangements to be made for anyone who fell into arrears during this crisis.

SECTION 6 – did not allow the opening of City owned pools. SET TO EXPIRE.

There is no direct correlation to the OURS plan, but this restriction should remain in place until gatherings of more than 10 people are allowed at City facilities. Language has been added allowing the City Manager to not reopen the pools if the pool season would too short to warrant the expense.

SECTION 7 – closed the library and museum. SET TO EXPIRE.

SECTION 8 – required the use of Senate Bill 661 for all City related meetings. SET TO EXPIRE.

This restriction was left in place until Phase 3 of the OURS plan or the revocation of Senate Bill 661, whichever occurred first.

SECTION 9 – prohibited public use of City meeting facilities. SET TO EXPIRE.

SECTION 10 – discouraged groups of 10 or more from gathering. REMOVED.

As this was just a recommendation without requirement, it has been removed.

SECTION 11 – closed all bars. REMOVED.

This section was removed to allow the OURS plan to prevail. The OURS Plan allows for bars to reopen at reduced capacity in Phase 2. Restrictions for occupancy similar to our retail restrictions was added to the newly numbered Section 10 (previously Section 22).

SECTION 12 – limited bars and restaurants to take out, curbside, or delivery only. REMOVED.

This section was removed to allow the OURS plan to prevail. The OURS Plan allows for restaurant dine-in to reopen at reduced capacity in Phase 1. Restrictions for occupancy similar to our retail restrictions was added to the newly numbered Section 10 (previously Section 22). SECTION 13 – closed gyms, exercise facilities, indoor sports facilities, bowling alleys, movie theaters, and mall food courts. REMOVED.

This section was removed to allow the OURS plan to prevail. The OURS Plan allows for gyms, exercise facilities, and entertainment venues to reopen in Phase 1. Restrictions table spacing and occupancy similar to our retail restrictions was added to the newly numbered Section 10 (previously Section 22).

SECTION 14 – allowed personal care businesses to operate by appointment only with other restrictions. REMOVED.

Phase 1 of the OURS plan aligned with our ordinance, so this section was removed to avoid redundancy.

SECTION 15 – provided a 25% discount on utility bills for businesses that were affected by our restrictions. SET TO EXPIRE AND RENUMBERED TO SECTION 12.

This section is left in place until Phase 3 of the OURS plan. Minor changes were made to account for renumbering.

SECTION 16 – provided exemptions for certain business locations that may have been impacted by Sections 11, 12, and 13. REMOVED.

This section was removed, since it is no longer needed after the removal of Sections 11, 12 and 13 above.

SECTION 17 – gave City Manager broad authority to manage City facilities and operations. SET TO EXPIRE AND RENUMBERED TO SECTION 13.

The City Manager is drafting a plan to reopen our City facilities that will mostly coincide with Phase 2 of the OURS plan. This plan will also include phases for returning City employees to work. This plan will likely extend beyond the time of the OURS plan, and as such, this section will largely need to remain in place. The authorization to utilize funding from the Capital Reserve Fund for COVID-19 purchases and the authorization to waive quotes or bids for emergency purchases shall be revoked when we enter Phase 3 of the OURS plan.

SECTION 18 – directed the police to strictly enforce Oklahoma’s prohibition against willful exposure. REMOVED.

There is no direct correlation to the OURS plan, and since this is a State law that exists regardless of this ordinance, this section was removed.

SECTION 19 – created the COVID-19 Emergency Advisory Board. SET TO EXPIRE AND RENUMBERED TO SECTION 14.

There is no direct correlation to the OURS plan, but this board will be left in place until Phase 3 of the OURS plan

SECTION 20 – created the BDA task force to study the economic impact of the COVID-19 pandemic. SET TO EXPIRE AND RENUMBERED TO SECTION 15.

There is no direct correlation to the OURS plan. This is unique to Bartlesville, and in order for this task force to complete their work, they will likely be needed well beyond the scope of the OURS plan. As such, no expiration date was included. SECTION 21 – prohibited garage sales, estate sales, and auctions. REMOVED.

There is no direct correlation with the OURS plan except that the Governor’s business closures are lifted in Phase 1. This section was removed to allow the OURS plan to prevail.

SECTION 22 – reduced capacity and enforced social distancing in retail stores. SET TO EXPIRE AND RENUMBERED TO SECTION 10.

There is no direct correlation with the OURS plan. This section was left in place to avoid the overcrowding issues that we observed during the last few months.

However, it was modified to: 1) gradually increase customers allowed and eventually completely phase out the restriction, 2) add restaurants, bars, gyms, and other business authorized by the OURS plan to reopen, and 3) moved the sections on masks and PPE to a separate section within the ordinance.

Additionally, this item was renumbered to better place it within the ordinance.

SECTION 23 – restricted daycare operations. REMOVED.

There is no direct correlation with the OURS plan. This section contained a number of restrictions that have all been modified or removed. This section referenced the Governor’s business closure order, and now that this order has been rescinded by the Governor, this restriction was removed from our ordinance as well.

There was a restriction to the teacher/child ratios that was removed, so that the DHS provisions would prevail. Also, we required all employees to wear masks at all times, and this provision was moved to the new mask section of our ordinance.

The only remaining section of this ordinance was a requirement to report certain statistics to the City. It was removed once all of the other restrictions were lifted.

SECTION 24 – extended the Governor’s “Safer at Home” order to all residents. REMOVED.

There is no direct correlation with the OURS plan except that the Governor’s Safer at Home order still applies to vulnerable persons. This section was removed to allow the OURS plan to prevail.

SECTION 25 – prohibited door-to-door solicitors. REMOVED.

There is no direct correlation with the OURS plan except that the Governor’s business closures are lifted in Phase 1. This section was removed to allow the OURS plan to prevail.

SECTION 26 – provided effective dates for ordinance. RENUMBERED TO SECTION 16.

The ordinance will go into effect April 30 at 11:59pm and will stay in effect until revoked. As shown above, most provisions will begin to roll off as the OURS plan progresses.

SECTION 27 – provided emergency clause for ordinance, so that it would go into effect immediately. RENUMBERED TO SECTION 17.

Emergency clause is necessary so that ordinance will go into effect on the desired day/time.

NEW SECTIONS ADDED TO THE ORDINANCE:

SECTION 11 – consolidated all mask guidance into one location and strengthened requirements.

There is no direct correlation to the OURS plan. This section was created to clarify mask requirements and extend those requirements to some of the newly reopened businesses. The previous requirements and recommendations have also been strengthened. Mask are now mandatory for some employees and customers.

Employees of restaurants, bars, retail stores, personal care stores, gyms, entertainment venues, and daycares are required to wear masks as of Tuesday, May 5, 2020 at 7am.

Customers of retail stores and entertainment venues are required to wear masks as of Tuesday, May 5, 2020 at 7am.

The section also contains certain exceptions and a requirement that the restrictions be posted on Friday, May 1, 2020 at 7am. This posting should help to ensure that customers are prepared to wear masks on the day the restriction goes into effect.

The full ordinance is attached for your review. There is also a redline copy that shows all of the changes that were made to the combined restrictions from Ordinance #3525 and #3526. The final document is a grid that shows when each section of the new Ordinance will expire. As noted above, expirations are indexed to expire with the implementation of the different phases of the OURS plan.

III. RECOMMENDED ACTION

Consider the attached ordinance and, if appropriate, adopt the restrictions contained therein to replace all existing restrictions. ORDINANCE NO. ______AN ORDINANCE REPEALING ORDINANCES #3525 AND #3526; CREATING EMERGENCY MEASURES RELATED TO THE COVID-19 PANDEMIC; AND DECLARING AN EMERGENCY.

WHEREAS, on March 11, 2020, the World Health Organization (WHO) declared the coronavirus COVID-19 disease to be a pandemic; and

WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency; due to the COVID-19 disease pandemic; and

WHEREAS, on March 15, 2020, the Governor of the State of Oklahoma declared an emergency caused by the impending threat of COVID-19 to the people of this State and the public’s peace, health and safety; and

WHEREAS, on March 18, 2020, the City Council of the City of Bartlesville passed Resolution #3592 aimed at reducing the spread of COVID-19; and

WHEREAS, on March 23, 2020, in accordance with Section 2-466 of the Bartlesville Municipal Code, the Mayor of the City of Bartlesville proclaimed that a state of emergency existed in relation to the impending threat of COVID-19; and

WHEREAS, on March 23, 2020, the City Council of City of Bartlesville passed Ordinance #3525 which expanded the actions taken as part of Resolution #3592; and

WHEREAS, on April 6, 2020, in accordance with Section 2-466 of the Bartlesville Municipal Code, the Mayor of the City of Bartlesville extended the state of emergency via Proclamation 2020-02; and

WHEREAS, on April 6, 2020, the City Council of the City of Bartlesville passed Ordinance #3526 which amended Ordinance #3525; and

WHEREAS, on April 24, 2020, the Governor of the State of Oklahoma issued the 4th amendment to Executive Order 2020-13 which implemented the “Open Up and Recover Safely” (OURS) plan; and

WHEREAS, certain provisions of the OURS plan conflict with Ordinance #3525 and #3526; and

WHEREAS, Title 11 Section 22-120 of Oklahoma statutes grants municipal bodies broad authority to “make regulations to prevent the introduction of contagious diseases into the municipality and may enforce quarantine laws within five (5) miles of the municipal limits”;

NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF BARTLESVILLE, OKLAHOMA, that:

ORDINANCES #3525 AND #3526 ARE REPEALED IN THEIR ENTIRETY AND REPLACED AS FOLLOWS: SECTION 1: All existing special event permits are hereby revoked and no further special event permits will be issued while these measures remain in effect. This section shall remain in effect until Phase 2 of the “Open Up and Recover Safely” Plan is implemented. SECTION 2: Municipal Court is hereby suspended other than by teleconference where required. No further failure to appear warrants will be issued or served while these measures remain in effect. This section shall remain in effect until Phase 2 of the “Open Up and Recover Safely” Plan is implemented. The City Manager is authorized per Section 13 of this ordinance to enact measures to limit occupancy and provide other rules to ensure social distancing guidelines are followed. SECTION 3: All Code Enforcement hearings are suspended while these measures remain in effect. This section shall remain in effect until Phase 2 of the “Open Up and Recover Safely” Plan is implemented. The City Manager is authorized per Section 13 of this ordinance to enact measures to limit occupancy and provide other rules to ensure social distancing guidelines are followed. SECTION 4: Public gatherings of greater than 10 people will not be allowed at any City owned or managed facilities except as required by law. All reservations of City facilities are suspended, and deposits held for any current reservations shall be refunded in full. This section shall remain in effect until Phase 2 of the “Open Up and Recover Safely” Plan is implemented. SECTION 5: Further utility cutoffs are suspended, and the City Manager is directed to reestablish service for any disconnected customer. Amounts due will not be forgiven. This section shall remain in effect until Phase 3 of the “Open Up and Recover Safely” Plan is implemented. Once cutoffs are resumed, the City Manager or his designee are authorized to extend payment arrangements for up to one year for customers who have past due balances that were incurred during the terms of these emergency measures. SECTION 6: City owned pools shall not be opened while these measures are in effect. This section shall remain in effect until Phase 2 of the “Open Up and Recover Safely” Plan is implemented. As per Section 13 of this ordinance, the City Manager is granted discretion to not open the pools if there is insufficient time to repair, reopen, and hold a reasonable length pool season. SECTION 7: The Bartlesville Public Library and History Museum are hereby closed to the public. This section shall remain in effect until Phase 2 of the “Open Up and Recover Safely” Plan is implemented. The City Manager is authorized per Section 13 of this ordinance to enact measures to limit occupancy and provide other rules to ensure social distancing guidelines are followed. SECTION 8: All City Council, authority, board, and committee meetings are hereby required to utilize the provisions of Senate bill 661 and to conduct only teleconference or videoconference meetings. Authorities are required to utilize teleconference or videoconference whenever it is technologically feasible. In order to simplify implementation of teleconference and videoconference meetings, the requirement for citizens to be heard is hereby suspended for all meetings during the duration of this emergency. This section shall remain in effect until Phase 3 of the “Open Up and Recover Safely” Plan is implemented or the provisions of Senate bill 661 are revoked; whichever is sooner.

SECTION 9: The use of City owned meeting rooms for public gatherings of any size is hereby prohibited. Meeting rooms may still be used by City staff when necessary. This section shall remain in effect until Phase 2 of the “Open Up and Recover Safely” Plan is implemented. The City Manager is authorized per Section 13 of this ordinance to enact measures to limit occupancy and provide other rules to ensure social distancing guidelines are followed. SECTION 10: The following measures are enacted in order to decrease crowding and increase the effectiveness of social distancing in retail operations, gyms, exercise facilities, restaurants, and bars who are operating in accordance with the “Open Up and Recover Safely” Plan: 1. Reduce number of customers allowed to enter retail, gym, or exercise buildings or facilities described above. a. Maximum customers allowed in a building or facility defined above shall be determined as follows: i. Calculate the square footage of the building including any existing enclosed outdoor area that customers are allowed to access for the purposes of the business ii. Divide the square footage by the square footage factor listed in this section and round up to the nearest whole number. The appropriate square footage factor corresponds to the Phase of the “Open Up and Recover Safely” Plan: 1. “OURS” Plan Phase 1 = 700 2. “OURS” Plan Phase 2 = 600 3. “OURS” Plan Phase 3 = 500 iii. The maximum customers allowed shall be based on the above calculation or ten (10) customers, whichever is greater b. Clearly post the maximum number of customers allowed within the building or facility at all entrances and exits c. All operations are required to monitor the number of customers inside their building or facility at all times and to not exceed their occupancy limit calculated above d. Customers waiting to enter a building or facility are required to maintain 6’ between themselves and all other persons at all times. Operations shall provide for markings or other means to ensure compliance with the 6’ rule. e. Nothing in this section would prevent an operation from voluntarily restricting their customer occupancy further. 2. Bars and restaurants shall provide increased spacing between tables. a. Tables will be spaced to enhance social distancing. The distance between tables shall be based on the current Phase of the “Open Up and Recover Safely” Plan. Tables shall be placed as listed below. i. “OURS” Plan Phase 1 = 9’ between tables ii. “OURS” Plan Phase 2 = 8’ between tables iii. “OURS” Plan Phase 3 = 7’ between tables b. Fixed booths shall be seated every other booth for all phases of the “OURS” Plan. c. Customers who are not seated shall maintain 6’ between themselves and all other persons at all times. Operations shall provide for markings or other means to ensure compliance with the 6’ rule in common waiting areas, near cashiers, etc. d. Nothing in this section would prevent an operation from voluntarily restricting their table spacing further. 3. Mandatory provisions for social distancing inside all operations listed in this section shall include: a. Signage, warnings, and instructions for proper social distancing to be posted throughout the operation b. Whenever possible, all customers and employees shall maintain a minimum of 6’ between themselves and all other persons at all times

APPROVED AND THE EMERGENCY CLAUSE ACTED UPON SEPARATELY BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF BARTLESVILLE THIS 30TH DAY OF APRIL 2020.

______Dale Copeland, Mayor City of Bartlesville

______City Clerk City of Bartlesville SECTION 1: All existing special event permits are hereby revoked and no further special event permits will be issued while these measures remain in effect. This section shall remain in effect until Phase 2 of the “Open Up and Recover Safely” Plan is implemented. SECTION 2: Municipal Court is hereby suspended other than by teleconference where required. No further failure to appear warrants will be issued or served while these measures remain in effect. This section shall remain in effect until Phase 2 of the “Open Up and Recover Safely” Plan is implemented. The City Manager is authorized per Section 13 of this ordinance to enact measures to limit occupancy and provide other rules to ensure social distancing guidelines are followed. SECTION 3: All Code Enforcement hearings are suspended while these measures remain in effect. This section shall remain in effect until Phase 2 of the “Open Up and Recover Safely” Plan is implemented. The City Manager is authorized per Section 13 of this ordinance to enact measures to limit occupancy and provide other rules to ensure social distancing guidelines are followed. SECTION 4: Public gatherings of greater than 10 people will not be allowed at any City owned or managed facilities except as required by law. All reservations of City facilities are suspended, and deposits held for any current reservations shall be refunded in full. This section shall remain in effect until Phase 2 of the “Open Up and Recover Safely” Plan is implemented. SECTION 5: Further utility cutoffs are suspended, and the City Manager is directed to reestablish service for any disconnected customer. Amounts due will not be forgiven. This section shall remain in effect until Phase 3 of the “Open Up and Recover Safely” Plan is implemented. Once cutoffs are resumed, the City Manager or his designee are authorized to extend payment arrangements for up to one year for customers who have past due balances that were incurred during the terms of these emergency measures. SECTION 6: City owned pools shall not be opened while these measures are in effect. This section shall remain in effect until Phase 2 of the “Open Up and Recover Safely” Plan is implemented. As per Section 13 of this ordinance, the City Manager is granted discretion to not open the pools if there is insufficient time to repair, reopen, and hold a reasonable length pool season. SECTION 7: The Bartlesville Public Library and History Museum are hereby closed to the public. This section shall remain in effect until Phase 2 of the “Open Up and Recover Safely” Plan is implemented. The City Manager is authorized per Section 13 of this ordinance to enact measures to limit occupancy and provide other rules to ensure social distancing guidelines are followed. SECTION 8: All City Council, authority, board, and committee meetings are hereby directed to meet only as absolutely necessary. All City Council, board, and committee meetings are required to utilize the provisions of Senate bill 661 and to conduct only teleconference or videoconference meetings. Authorities are required to utilize teleconference or videoconference whenever it is technologically feasible. In order to simplify implementation of teleconference and videoconference meetings, the requirement for citizens to be heard is hereby suspended for all meetings during the duration of this emergency. This section shall remain in effect until Phase 3 of the “Open Up and Recover Safely” Plan is implemented or the provisions of Senate bill 661 are revoked; whichever is sooner. SECTION 9: The use of City owned meeting rooms for public gatherings of any size is hereby prohibited. Meeting rooms may still be used by City staff when necessary. This section shall remain in effect until Phase 2 of the “Open Up and Recover Safely” Plan is implemented. The City Manager is authorized per Section 13 of this ordinance to enact measures to limit occupancy and provide other rules to ensure social distancing guidelines are followed. SECTION 10: All in-person gatherings for social, spiritual, and recreational purposes, including, but not limited to community, civic, public, leisure, faith-based, or sporting events; parades, concerts, festivals, conventions, fundraisers and similar activities are strongly discouraged while these measures are in effect. SECTION 11: Effective 5:00 pm, Tuesday, March 24, 2020 and continuing so long as this ordinance is in effect, all bars of any type who do not provide items for off-premises consumption shall be closed to the public. SECTION 12: Effective 5:00 pm, Tuesday, March 24, 2020 and continuing so long as this ordinance is in effect, all bars of any type which provide items for off-premises consumption, breweries, taverns, and restaurants are restricted to providing only drive-through, take-out, or delivery of food, sale of pre-packaged alcohol as authorized for sale under state law, or sale of other retail items as authorized for sale under state law. These establishments shall not allow ingress or egress into their facility by the public. These restrictions shall not apply to institutional or in-house food cafeterias that service residents, employees, and clients of businesses, child care facilities, hospitals and/or medical clinics, and long-term care facilities. SECTION 13: Effective 5:00 pm, Tuesday, March 24, 2020 and continuing so long as this ordinance is in effect, the following places are closed to the public and all persons, except personnel necessary for maintenance of the facility and grounds, are restricted from such places: 1. Athletic gyms, exercise facilities, indoor sports facilities, indoor climbing facilities, bowling alleys, skating rinks, trampoline parks, and similar recreational facilities; 2. Movie theaters; 3. Shopping mall food courts. SECTION 14: Effective 5:00 pm, Tuesday, March 24, 2020 and continuing so long as this ordinance is in effect, tattoo shops, and massage therapists, barber shops, haircut and styling shops, and spas shall operate only under the following conditions: by appointment only with no walk-in customers; appointments shall not be scheduled and held within 15 minutes of the preceding appointment; the individual client shall not bring any other persons, including children, to be present within the facility during an appointment; and that all workstations are hereby required to have a minimum of (six) 6 feet of space from the adjoining workstation, to promote social distancing. SECTION 10: The following measures are enacted in order to decrease crowding and increase the effectiveness of social distancing in retail operations, gyms, exercise facilities, restaurants, and bars who are operating in accordance with the “Open Up and Recover Safely” Plan: 1. Reduce number of customers allowed to enter retail, gym, or exercise buildings or facilities described above. a. Maximum customers allowed in a building or facility defined above shall be determined as follows: i. Calculate the square footage of the building including any existing enclosed outdoor area that customers are allowed to access for the purposes of the business ii. Divide the square footage by the square footage factor listed in this section and round up to the nearest whole number. The appropriate square footage factor corresponds to the Phase of the “Open Up and Recover Safely” Plan: 1. “OURS” Plan Phase 1 = 700 2. “OURS” Plan Phase 2 = 600 3. “OURS” Plan Phase 3 = 500 iii. The maximum customers allowed shall be based on the above calculation or ten (10) customers, whichever is greater b. Clearly post the maximum number of customers allowed within the building or facility at all entrances and exits c. All operations are required to monitor the number of customers inside their building or facility at all times and to not exceed their occupancy limit calculated above d. Customers waiting to enter a building or facility are required to maintain 6’ between themselves and all other persons at all times. Operations shall provide for markings or other means to ensure compliance with the 6’ rule. e. Nothing in this section would prevent an operation from voluntarily restricting their customer occupancy further. 2. Bars and restaurants shall provide increased spacing between tables. a. Tables will be spaced to enhance social distancing. The distance between tables shall be based on the current Phase of the “Open Up and Recover Safely” Plan. Tables shall be placed as listed below. i. “OURS” Plan Phase 1 = 9’ between tables ii. “OURS” Plan Phase 2 = 8’ between tables iii. “OURS” Plan Phase 3 = 7’ between tables b. Fixed booths shall be seated every other booth for all phases of the “OURS” Plan. c. Individual seating at bars or common seating areas must allow 6’ between seats. d. Customers who are not seated shall maintain 6’ between themselves and all other persons at all times. Operations shall provide for markings or other means to ensure compliance with the 6’ rule in common waiting areas, near cashiers, etc. e. Nothing in this section would prevent an operation from voluntarily restricting their table spacing further. 3. Mandatory provisions for social distancing inside all operations listed in this section shall include: a. Signage, warnings, and instructions for proper social distancing to be posted throughout the operation b. Whenever possible, all customers and employees shall maintain a minimum of 6’ between themselves and all other persons at all times

SECTION 11: Cloth or procedure masks shall be worn in the following circumstances: 1. Effective Tuesday, May 5, 2020 at 7:00am, all employees of the following business types shall wear masks at all times while inside the facility: a. Restaurants and bars b. Retail stores c. Personal care stores (salons, spas, massage therapists, etc.) d. Gyms, exercise facilities, and indoor sports facilities e. Entertainment venues (movie theaters, arcades, live theaters, etc.) f. Daycare or childcare facilities 2. Effective Tuesday, May 5, 2020 at 7:00am, all customers of the following business types shall wear masks while waiting to enter or while inside at all times: a. Retail stores b. Entertainment venues (movie, theaters, arcades, live theaters, etc.) 3. Exceptions to these rules: a. Actors or singers in a live production b. Other individuals for whom their particular job makes the wearing of a mask impossible 4. Effective Friday, May 1, 2020 at 7am, all business types indicated in this Section shall clearly post the regulations contained in this section on all entrances and exits, so that owners, managers, customers and employees will have sufficient time to prepare to wear masks. SECTION 125: Any of the businesses restricted or closed by these temporary regulations included in Sections 10 and 11, which have current commercial utility accounts, may, upon application with the City of Bartlesville, receive a temporary 25% (twenty-five percent) discount on City utility bills (defined as including water, sewer, and sanitation charges only) during the time these temporary regulations remain in effect. This discount does not apply to any other utility accounts, other than the businesses restricted or closed within Sections 11, 12, 13, and 14 of this OrdinanceAny discounts currently granted shall be allowed to continue so long as this section is in effect. However, Additionally, any business subject to these limitations, found to be in violation of these regulations or the restrictions included in the OURS plan by City officials, shall then be ineligible and immediately disqualified for the temporary 25% (twenty-five percent) discount. This section shall remain in effect until Phase 3 of the “Open Up and Recover Safely” Plan is implemented. SECTION 16: The restrictions imposed by this Resolution do not apply to any of the following: 1. Places of public accommodation that offer food and beverage not for on-premises consumption, including grocery stores, markets, convenience stores, pharmacies, drug stores, and food pantries, other than those portions of the place of public accommodation subject to the requirements of this section; 2. Health care facilities, child care facilities, and residential care facilities, congregate care facilities; and 3. Crisis shelters, soup kitchens, or similar institutions. SECTION 137: The City Manager is directed and authorized to take the following actions: 1. Where practical, to close portions of public facilities to the public and encourage the use of email, telephone, and other remote methods of conducting business with the City 2. To modify work schedules and conditions as necessary to ensure business continuity and employee safety 3. To invoke special protocols to limit the risk of exposure for City employees 4. To establish procedures for certain employees to telecommute where practical 5. To provide paid administrative leave for employees who have potentially been exposed to COVID-19 as per management developed policy. Employees who are sick or caring for a sick family member will continue to take leave as per current policy. 6. Establish mandatory disinfection protocols for all City facilities 7. Take other actions as necessary to preserve the health and safety of City employees 8. As needed and where prudent, utilize funding from the Capital Reserve Fund to purchase items necessary to facilitate these directions. The authority to utilize the Capital Reserve Fund for this purpose shall remain in effect until Phase 3 of the “Open Up and Recover Safely Plan” is implemented. 9. The City Manager is hereby authorized to make emergency purchases for $50,000 or less without the requirement to obtain quotes or bids as required by Section 2-180 of the Bartlesville municipal code. Non-emergency purchases shall continue to follow standard procedures. The authority to make emergency purchases in this manner shall remain in effect until Phase 3 of the “Open Up and Recover Safely Plan” is implemented. SECTION 18: The Bartlesville Chief of Police and the Bartlesville Police Department are hereby directed and authorized to strictly enforce Oklahoma’s prohibition against the willful exposure of those affected by contagious diseases in public places and thoroughfares as provided in 21 O.S. § 1199. SECTION 149: There is hereby created a COVID-19 Emergency Advisory Board. The Mayor and Vice Mayor shall serve as the council representatives. Other members of the advisory board shall be appointed by the Mayor and Vice Mayor and confirmed by the City Council. The advisory board shall be comprised of the City Manager, Fire Chief, Police Chief, experts in the fields of medicine, emergency management, county government, and other persons as deemed necessary by the Mayor and Vice Mayor. The advisory board shall review all measures instituted by the ordinance and make recommendations to the Council on amendments hereto. The advisory board shall be subject to all municipal laws including the open meetings act and open records act. They shall meet as often as necessary and shall utilize teleconference as authorized by Senate bill 661 whenever feasible. This section shall remain in effect until Phase 3 of the “Open Up and Recover Safely” Plan is implemented. SECTION 1520: The Bartlesville Development Authority is hereby directed to create a task force to study the economic impact of the COVID-19 pandemic. The task force should be comprised of experts in the fields of economics, medicine, banking, and economic development as well as local business members, a member of the City Council, and a member from the Chamber of Commerce. The task force will focus on current business retention, small business assistance during the current crisis, and a path to eventual economic recovery. SECTION 21: All garage sales, estate sales, auctions, and other similar gatherings, unless provided for by law, for the purpose of making sales to the public are hereby banned within the city limits of the City of Bartlesville. SECTION 22: The following measures are enacted in order to decrease crowding and increase the effectiveness of social distancing in retail operations who provide goods for sale to the public that are still operating and that the public is allowed to access in accordance with this ordinance and the Governor’s executive order 2020-07 as amended: 1. Reduce number of customers allowed to enter a retail building or facility. a. Maximum customers allowed in a retail building or facility shall be determined as follows: i. Calculate the square footage of the building including any existing fenced outdoor areas where customers are allowed access to items made available for sale ii. Divide the square footage by 800 and round up to the nearest whole number iii. The maximum customers allowed shall be based on the above calculation or six (6) customers, whichever is greater b. Clearly post the maximum number of customers allowed within the building or facility at all entrances and exits c. All retail stores are required to monitor the number of customers inside their building or facility at all times and to not exceed their occupancy limit calculated above d. Customers waiting to enter a building or facility are required to maintain 6’ between themselves and all other persons at all times. Retail businesses shall provide for markings or other means to ensure compliance with the 6’ rule. e. Nothing in this section would prevent a retailer from voluntarily restricting their customer occupancy further. 2. No minors under the age of fourteen (14) are allowed to enter into any retail operation unless accompanied by a parent or guardian 3. Mandatory provisions for social distancing inside all retail operations shall include: a. Signage, warnings, and instructions for proper social distancing to be posted throughout the retail operation b. All customers and employees of retail operations shall maintain a minimum of 6’ between themselves and all other persons at all times c. Where available, use of personal protective equipment (PPE) is required for retail employees d. Physical barriers to separate customer service representatives from customers in retail operations are required e. As per CDC guidelines, all customers should wear a cloth or procedure mask at all times while queuing or while in a retail facility (i.e. bandana, homemade mask, procedure mask, etc.) However, this is not to encourage the use of N95 masks which should be reserved for health care providers and contagious patients.

SECTION 23: Daycare and childcare facilities are allowed to operate with the following restrictions. 1. Only children whose parent/guardian is employed in an essential infrastructure industry as defined by the Governor’s executive order and who do not have another caregiver in the house may be served. The parent/guardian must self-certify to the daycare in writing that they meet this criteria by 11:59 p.m., Thursday, April 9, 2020. 2. All teacher to child ratios shall be maintained at one half of that required by the State (i.e. 1/10 shall become 1/5 and 1/5 shall become 1/3) 3. All employees shall wear, at a minimum, a cloth or procedure mask at all times when on the premises of a daycare of childcare facility 4. Facilities must report to the City of Bartlesville at least weekly: numbers of children served, teacher/child ratios, and other information as determined by the City that is not otherwise required to be kept private by law. SECTION 24: All residents shall stay in their home or place of residence except for working in a critical infrastructure sector, as defined in the Governor’s executive order, and the conduct of essential errands. Essential errands shall mean those errands which are critical to everyday life and include exercising, obtaining medication, groceries, gasoline, and visiting medical providers. SECTION 25: Door-to-door solicitors shall be banned during the duration of this emergency. SECTION 1626: Except as otherwise indicated or previously authorized, these measures will take effect on MondayThursday, April 6April 30, 2020 at 11:59 pm and shall stay in effect until May 4, 2020 at 11:59 pm. revoked. This ordinance shall be reviewed and, if warranted, amended or renewed revoked by the City Council at its regularly scheduled meeting on May 184, 2020. SECTION 1727: An emergency is hereby declared to exist for the preservation of the public peace, health, and safety, and by reason whereof, this Ordinance shall be effective immediately upon its passage. ORDINANCE EXPIRATION GRID BY SECTION

When Does the Section Terminate? Must Be Section Description Phase 1 Phase 2 Phase 3 Revoked Section 1 Special event permit prohibition X Section 2 Municipal court suspension X Section 3 Code enforement hearing suspension X Section 4 Public gatherings >10 at City facilities prohibited X Section 5 Utility cutoffs suspended X Section 6 City owned pools closed X Section 7 Library and Museum closed X Section 8 Senate Bill 661 requirement X Section 9 No public use of City meeting rooms X Section 10 Decrease crowding in businesses X X X X Section 11 Mandatory mask provisions X Section 12 Discount on utility bills for impacted businesses X Section 13 City Manager authority X X Section 14 Creation of CAB X Section 15 Creation of BDA task force X