bartlesville city council regular meeting minutes ... - City of Bartlesville

BARTLESVILLE CITY COUNCIL
REGULAR MEETING MINUTES
OF MONDAY, NOVEMBER 5, 2007
City Hall, Council Chambers
401 S. Johnstone Avenue
Bartlesville, Oklahoma 74003
(Notice of this meeting was posted on Thursday, November 1, 2007 at 5:00 p.m.)
City Council Members Present: Mayor Ron Nikkel, Vice Mayor Eddie Mason, Julie Daniels, Tom Gorman and Vic
Holcomb.
City Staff Present: Ed Gordon, City Manager; Jerry Maddux, City Attorney, Mike Bailey, City Clerk/Finance
Director, Vicki Carvalho, Interim City Treasurer; Lisa Beeman, Director of Community
Development; Terry Lauritsen, Director of Engineering; Captain Scott Owen; Suzanne
Hendrickson, Director of Parks and Recreation; Michael Mattera, Project Engineer; Matt
McCollough, Information Technology; Larry Silver, Supervisor of Code Enforcement;
Jennifer Brewington, Code Enforcement; Chuck Parkin, City Forrester; and Elaine Banes,
Executive Assistant.
Mayor Nikkel called the meeting to order at 7 p.m.
The invocation was provided by Pastor Joe Colaw, First Wesleyan Church.
1. Consent Docket
a. Approval of Minutes
i. Special Meeting Minutes of October 15, 2007.
b. Committee Appointments
i. Reappointment of Mr. Thomas Jones to an additional three years on the Traffic Committee.
ii. Reappointment of Mr. Matt McCoy to an additional three years on the Design Review Committee.
iii. Reappointment of Ms. Sherry Musselman Cox to an additional three year term on the Library Trust
Authority.
iv. Reappointment of Mr. Kevin Potter to an additional three year term to the Community Center Trust
Authority.
v. Appointment of Mr. Phil Bates to a three year term on the Stadium Operating Committee.
vi. Appointment of Ms. Brooke Cox and Ms. Shannon Bailey to three year terms on the Park Board.
vii. Appointment of Mr. John Colaw to a three year term on the Library Trust Authority.
c. Approval of Agreements
i. Approval of a contract for FY ’07 CDBG Small Cities Set-Aide Program.
ii. Approval of a contract amendment with Tetra Tech for the Sanitary Sewer Evaluation.
iii. Approval of a contract with Dave Scott Concrete for road repairs to Wayside Drive.
iv. Approval of a professional services contract with TranSystems for a roundabout feasibility study at Price
Road and Silver Lake Road.

v. Approval of annual service agreement for the maintenance of City Hall’s HVAC system with Trane.
d. Receipt of Financials
i. City of Bartlesville Financial Report for one month ended July 31, 2007.
ii. City of Bartlesville Financial Report for two months ended August 31, 2007.
e. Receipt of Bids
i. 2007-2008-021 Golf Course Chemicals – Adams Municipal Golf Course
Mr. Gorman moved to approve the consent docket except item 1.c.ii. as presented, seconded by Mr. Holcomb.
Voting Aye: Mr. Holcomb, Mr. Gorman, Mrs. Daniels, Vice Mayor Mason, Mayor Nikkel
Voting Nay:
Motion: Passed
Mr. Holcomb will review Bid 2007-200-021.
Consent docket item 1.c.ii. Approval of a contract amendment with Tetra Tech for the Sanitary Sewer Evaluation
was pulled from the consent document by Mayor Nikkel for further discussion.
Mayor Nikkel asked Mr. Lauritsen for clarification regarding the amounts included in the contract amendment.
Mr. Lauritsen explained.
Mr. Gorman moved to approve the contract amendment with Tetra Tech as presented, seconded by Mrs.
Daniels.
Voting Aye: Mr. Holcomb, Mr. Gorman, Mrs. Daniels, Vice Mayor Mason, Mayor Nikkel
Voting Nay:
Motion: Passed
2. Discuss and take action on Bid No. 2007-2008-012R Three-Wheeled Parking Enforcement Vehicle Bid Review
Recommendation. Presented by Vice Mayor Eddie Mason.
Vice Mayor Mason moved to award the bid to Shipping Utilities of St. Louis, Missouri in the amount of $28,876.00,
seconded by Mrs. Daniels.
There was no discussion.
Voting Aye: Mr. Gorman, Mrs. Daniels, Vice Mayor Mason, Mr. Holcomb, Mayor Nikkel
Voting Nay:
Motion: Passed
3. Discuss and take action on the 2007-2008-018 Johnstone Tennis Court Resurface Bid Review
Recommendation. Presented by Julie Daniels, Council Member.
Mrs. Daniels moved to award the bid to Trans Texas Tennis, Inc. of Olathe, Kansas in the amount of $180,837.00,
seconded by Vice Mayor Mason.
There was no discussion.
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Voting Aye: Mrs. Daniels, Vice Mayor Mason, Mr. Holcomb, Mr. Gorman, Mayor Nikkel
Voting Nay:
Motion: Passed
4. Discuss and take action on Bid No. 2007-2008-022 for the U.P.S. (Uninterruptible Power Supply) Units for the
Police Department Bid Review Recommendation. Presented by Vic Holcomb, Council Member.
Mr. Holcomb moved to award the bid to SDF Professional Computers in the amount of $14,904.30, seconded by Mrs.
Daniels.
There was no discussion.
Voting Aye: Vice Mayor Mason, Mr. Holcomb, Mr. Gorman, Mrs. Daniels, Mayor Nikkel
Voting Nay:
Motion: Passed
5. Presentation on the Lone Star Conference Basketball Tournament to be held in Bartlesville in March of 2008,
2009 and 2010. Presented by Gene Batchelder, Bartlesville Sports Commission Chairperson.
Mr. Batchelder presented information about the Bartlesville Sports Commission and provided an overview of the Lone
Star Conference Basketball Tournaments.
Mr. Gorman stated his appreciation to Mr. Batchelder and all of those involved in bringing the event to Bartlesville.
6. Review and take action on a proposed ordinance establishing a registration program for residential rental
properties and directing the designation of a local agent. Presented by Lisa Beeman, Director of Community
Development.
Ms. Beeman reported that the reason for the proposed rental registration ordinance is simply to have access to
sufficient and accurate contact information to notify owners or their designated property managers of the need to
correct violations, especially if the need is an emergency. Due to the fact that some rentals are under the name of a
corporation or LLC, finding such contact information is very difficult. She added the proposed ordinance does not
change the City’s enforcement of the International Property Maintenance Code that applies to every property. The fee
for registration was modified from the previous proposed ordinance to a flat fee of $40 for any owner who owns any
rental property, regardless the number of properties or units owned.
Discussion ensued covering the 10 mile rule; fines; long-term and short-term rental of property; inspection process
and verbiage.
The Mayor opened the floor to the public. Ms. Frankie Walter did not understand why a fee was necessary. Marshall
Bennett shared his concerns regarding the fines once imposed. Bob Cooper warned the Council about
misrepresentation. Larry Palmer maintained that the Landlord and Tennant Act covers what the City seeks. Denise
Lorenz maintained that the City ask for identification as part of getting utilities turned on. Gail King inquired as to why
commercial renters did not have to abide by the Ordinance. Chris Dizmang agreed with Mr. Palmer that the Landlord
and Tennant Act was sufficient. Father Lee Stephens commented that renters did not always have recourse for
various reasons to enforce the Landlord and Tenant Act. Leroy Cordell asked for clarification of local agent and 10
mile rule. Mike Rowe inquired as to how many renters are unable to enforce the Landlord and Tenant Act and also
that the property owner is always listed on the lease. He was in favor of adding an additional employee but not in
favor of registering. All concerns and questions were answered by the Mayor, Mr. Gorman and Jerry Maddux.
Mrs. Daniels reported that she had received a great deal of input regarding the proposed ordinance, both pro and con.
She repeated the statistics that prompted the ordinance, and that she understood and appreciated what landlords
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endure when they have irresponsible renters. In closing, she added that she felt registration of landlords was an
effective way to assist city staff, tenants and landlords.
Mrs. Daniels moved to adopt the Ordinance as presented, seconded by Vice Mayor Mason.
Mr. Holcomb urged the City Council to vote no stating there was no need for an additional layer of bureaucracy. He
added that if the Ordinance fails, he would support a budget amendment to add an additional code enforcement
officer to the department.
Voting Aye: Mrs. Daniels, Vice Mayor Mason, Mayor Nikkel
Voting Nay: Mr. Holcomb, Mr. Gorman
Motion: Passed
The Mayor, at this time, announced committee openings for the Board of Adjustment, Community Center Trust
Authority, Design Review Committee and the Traffic Committee. He added that applications are still needed for
the newly formed Street Committee.
7. Consider and take action on an Ordinance amending Ordinance No. 3256 establishing a street committee and
providing for its officers, meetings, powers and duties. Presented by Terry Lauritsen, Director of
Engineering.
Mr. Lauritsen reported that on September 17, 2007, the City Council adopted Ordinance 3256 establishing a Street
Committee on the condition that clarifications be made as to membership; the day the meetings are held on; and a
change in Section 3-Powers and Duties. In making the changes, Mr. Maddux determined it was advisable to amend
and completely rewrite said Ordinance No. 3256. There will be five voting members, preferably one from each of the
City’s five wards if available, as well as two voting City Council members appointed by the Mayor, the City Engineer
(or his designee) and the Public Works Director (or his designee), both voting members. The committee will meet on
the second Thursday of each month after the hour of 5:00 p.m. at City Hall. The change in Section 3 was to remove
receive citizen complaints to receive citizen input.
Discussion was held as to whether all clarifications were satisfactory to Council. Mrs. Daniels felt that the
membership should be more definite stating whether the five members were to be specifically from each ward or not.
The Mayor maintained that if there was not a representative from each ward to apply, then an applicant would be
appointed from another ward. He added that maintaining a ward balance was preferred.
Mr. Holcomb moved to adopt the Ordinance as presented, seconded by Mr. Gorman.
Voting Aye: Mr. Gorman, Mrs. Daniels, Vice Mayor Mason, Mr. Holcomb, Mayor Nikkel
Voting Nay:
Motion: Passed
8. Presentation of the City of Bartlesville Financial Report for three months ended September 30, 2007.
Presented by Mike Bailey, City Clerk/Finance Director.
Mr. Bailey reported on the first three months of Fiscal Year 2007-2008. A brief discussion was held about water
revenues. He added that an Operating Fund budget has begun. Mr. Gordon expressed his appreciation of the quality
work Mr. Bailey and staff produces.
9. Discuss and take possible action directing the City Manager to explore the possibility of televising all City
Council meetings. Presented by Vic Holcomb, Council Member
Mr. Holcomb reported that he had been approached by citizens about televising every council meeting, and that he
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was in favor of asking the City Manager to look into the possibility of doing so if the rest of the Council agreed.
Mrs. Daniels expressed that she felt that the workshop sessions in a more informal setting was very productive. She
added that open meeting laws do not state that meetings have to be televised at all, and that some special meetings
are called as needed and televising is not always available at special times.
Dick Marnell, CableOne General Manager, reported that his staff has been recording the City Council meetings for 17
years, and additionally, televise the MAPC and Board of Adjustment meetings. He added that he had no problem with
telecasting the meetings but that it does pose a hardship on his budget and staffing. He was concerned as well with
the fact that special workshop council meetings tend to run longer than some. He did offer to train City employees to
use the equipment for extra meetings.
Mr. Gordon added that he would be happy to do more homework on the request. He reminded Council that the
Council meetings are now available on web cast.
Mr. Holcomb moved to direct the City Manager to explore the possibility of televising additional City Council meetings,
seconded by Vice Mayor Mason.
Voting Aye: Vice Mayor Mason, Mr. Holcomb, Mr. Gorman, Mrs. Daniels, Mayor Nikkel
Voting Nay:
Motion: Passed
10. City Manager and Staff Reports.
Mr. Gordon announced that a Survivor Tree was planted in the ConocoPhillips Plaza recently. The tree is in memory
of the survivors of the Oklahoma City bombing. He expressed his appreciation to Suzanne Hendrickson, Director of
the Park and Recreation Department and Chuck Parkin, City Forrester, for the tree and ceremony. He also thanked
Representative Sears and Senator Ford for attending the ceremony.
Mr. Gordon reminded citizens of the Fall Clean-up Campaign that is underway until November 18. He added that he
received a number of compliments on the program.
11. Remarks and inquiries by Council Members.
Mr. Holcomb inquired if the Adams Boulevard road work was complete or would more work be done, adding his
dissatisfaction of the work. Mr. Gordon responded that unfortunately the Oklahoma Department of Transportation
says the work is complete. He added that Senator Ford, Representatives Sears and Martin, city staff and he would be
meeting with Randle White, Division Eight Engineer for ODOT, to review and discuss suggestions for improvements.
Mr. Gordon added that the project was planned and implemented without discussion with the City prior to the repairs,
and City funds have not been used on the project.
Mr. Gorman reported that he felt that it was of utmost importance that information provided to the public by a City
Council member is accurate. He added that recently Mayor Nikkel has publicly reported, twice, misinformation and
tied him to it. He asked the Mayor to check facts before publicly announcing them. The misinformation came from
the Mayors report of a proposed conflict of interest due to the ties between the City and the Regional Chamber of
Commerce about him and where the Mayor had asked him to step down from the Council or as the Chairman of the
Chamber of Commerce. Mr. Gorman reported that there is no formal relationship between the City and the Chamber.
He reported that the Mayor had also stated that Mr. Gorman was an ex-officio member of the BDC and read the bylaws
which clarify that he is not an ex-officio member of the BDC. Mr. Gorman stated that the radio has done a good
job of rectifying the misinformation. He reiterated that the City Council members’ utmost responsibility is to have good
and accurate information when speaking to the public.
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Mrs. Daniels thanked Mr. Gorman, as Chairman of the Board of the Chamber of Commerce, for hosting a reception
for Col. Funkhouser of the Corps of Engineers recently. The City has worked with the Corps for many years on water
needs, and she felt that meeting occasionally to express appreciation outside of business meetings is very good. She
appreciated Mr. Gorman who is also Vice Chairman of the Bartlesville Water Resources Board and Mr. Holcomb for
attending.
Mrs. Daniels also added her congratulations to the Vice President of the Convention and Visitors Bureau Nancy Hulse
who has won an award for the Bartlesville Visitor Guide. She added that she felt Jim Fram, President and CEO of the
Bartlesville Area Chamber of Commerce has done a good job providing Nancy with the professional training needed
to compete for tourism funds in the State and Nation. Ms. Hulse is one of 12 Oklahomans serving as an ambassador
at the Disney Epcot Center Food and Wine Festival featuring Oklahoma, and the Price Tower, due to the Oklahoma
Centennial. This type of event showcases our State and Community inspiring tourists to spend their tourism dollars in
Bartlesville.
Mrs. Daniels also reported on a letter received by all Council members in their weekly mail from a constituent in her
ward questioning the continued employment of Mrs. Gordon at the City due to the fact that her husband is the City
Manager. The name of the constituent will not be announced for privacy reasons, and the constituent did not respond
to Mrs. Daniels phone call and to her message asking for a return call to discuss the letter with her. Mrs. Daniels read
the letter which shared the constituents concerns that the City Manager is breaking nepotism laws and asking the City
Council to address and correct the situation. Mrs. Daniels read the City of Bartlesville Personnel Policy and Charter
language which clarifies that Mrs. Gordon can continue to work for the City, and that Mr. Gordon is not breaking any
nepotism laws. She also provided State of Oklahoma Attorney General opinions that also confirm that Mr. Gordon is
in compliance with local and state laws covering nepotism. She added that it was normal prior to Mr. Gordon’s
promotion to City Manager, for Mrs. Gordon to cover for Mrs. Banes and vice-versa, and that is was an efficient way
to manage the office. She felt that, in her opinion, all areas of concern regarding nepotism had been addressed when
Mr. Gordon was hired as City Manager. In summary, she hoped the constituent would call her with additional
questions or concerns and she would be happy to assist her.
The Mayor addressed the situation at the free dump site for citizens indicating a flea market atmosphere has been
created. He expressed some concern that many items that were dumped are now going to be in someone else’s yard
and be an eyesore. Mr. Holcomb also received complaints about this situation and feels it should be regulated.
Mayor Nikkel offered his public apologies to Mr. Gorman for anything he said erroneously. He then referred to Mr.
Gorman’s statement that the Mayor wanted Mr. Gorman to step down. He stated that he had never asked Mr.
Gorman to step down. Mr. Gorman corrected him stating that the Mayor expressed concerns about him holding both
positions, to which the Mayor repeated that he had never asked Mr. Gorman to step down. The Mayor then
addressed the ex-officio information where he said he received the information directly from an e-mail authored by Jim
Fram, copied to him and that if he was incorrect he was sorry. Discussion then ensued between Mr. Gorman and
Mayor Nikkel regarding the e-mails and attached by-laws. Mr. Gorman then confirmed that the Mayor had the by-laws
as a reference for accurate information to which Mayor Nikkel stated that he did not notice that the bylaws were
attached to the e-mail. The Mayor then added that a few weeks ago Mr. Gorman stated something erroneously and
that he had called him about it and that Mr. Gorman had done nothing about it. The Mayor went on to issue a
statement that in the next few weeks he would be going through some challenges, and he informed the public and the
Council that he was up for the challenge, that he would go forward in a dignified way, and that he would defend
himself during these challenges.
The Mayor also clarified information that was published in the newspaper regarding his employment as Downtown
Development Director. He stated that it was printed that his contract had not been continued, and the Mayor clarified
that it was his choice not to continue his employment with the Chamber of Commerce and Bartlesville Development
Corporation.
Regarding the nepotism letter, the Mayor reviewed the paragraph where the constituent asked that the Mayor
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personally contact her and that she did not wish to have all five council members contact her. He stated that the
constituent’s request to be contacted only by the Mayor should have been honored. He added that the constituent did
not appreciate Mrs. Daniels phone call, as well as Mr. Gorman’s phone call that the constituent told the Mayor was
intimidating. Mr. Gorman took issue that he had been intimidating to the constituent and said that again the Mayor
was reporting misinformation. The Mayor stated that was what he was told and a further brief back and forth was held
between Mr. Gorman and the Mayor.
12. New Business.
There was no new business.
13. Citizens to be heard.
Joel Rabin, 759 County Road, asked Mr. Maddux to clarify City Council members voting on items that may affect
them personally or professionally. Mr. Maddux stated that each member of the council made the decision for him or
herself as to whether or not they should vote on a matter that would personally or professionally affect them. Further
discussion ensued ending in the Mayor asking Mr. Maddux to research the question of recusing oneself from a vote
and bring his findings back to a future Council meeting.
Gary Norris, 5347 SE Clearview Drive, addressed the City Council on concerns regarding chloramines in the water
supply. Mr. Gordon reported on the process that is currently underway at the water treatment plant. Mayor Nikkel
asked Mr. Gordon to have Mike Hall, Water Utilities Director, to present an update on the condition of the City’s water
at the next meeting.
David King, 2201 Skyline Drive, addressed concerns about the Mayor’s request to separate the Chamber of
Commerce and BDC. He provided the many benefits this joint cooperation provides to the Bartlesville Area; audit
information; comments received regarding the sharing of employees/expenses; entities that share
equipment/expenses to accomplish projects with less cost to the taxpayers; the number of members of the Chamber
of Commerce; the award winning economic development efforts led by Jim Fram; and the Chamber and BDC’s
promise to cooperate with the City and citizens; and how the silent majority should speak up against the negative
minority view.
Bob Cooper inquired if Ordinances were ordained by the Mayor. Mr. Maddux explained that ordinances are ordained
by the City Council and signed by the Mayor. He also asked Mr. Gorman about a law where the Chamber of
Commerce should file all receipts with the City Clerk. Mr. Gorman said he would check into it. Mr. Cooper then
commented on the Chamber of Commerce, the BDC and other committees that should be looked into.
14. Adjournment.
There being no further business to discuss, the Mayor adjourned the meeting at 9:27 p.m.
/s/ Michael Bailey
_____________________________________________
/s/ Ron Nikkel
___________________________________________
Ron Nikkel, Mayor
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Michael Bailey, City Clerk
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