Ponca City Board of Commission Jan. 10 meeting minutes

January 12, 2022 | Headlines

PONCA CITY — The Ponca City Board of Commissioners met in regular session on Jan. 10.

Vice-Mayor Paul Taylor called the meeting to order, which was followed by the pledge of allegiance. Commission Rob Bodick and Commissioner Lanita Chapman were present. Mayor Homer Nicholson and Commissioner Shasta Scott were absent.

Consent Agenda

Under the Consent Agenda, the City Commission approved the minutes of the Ponca City Board of Commissioners regular session held Dec. 27. A resolution appropriating money for the payment of claims against the City Of Ponca City; a resolution amending the operating budget of various funds for Fiscal Year 2021-22; a contract and authorization of the execution of the contract documents to Goodman Construction, LLC of Edmond Oklahoma, for the Marland Mansion Estate Artist Studio Re-Roof Project in the amount of $114,760.70; and the authorization of advertisement of bids to obtain unit prices for items of work performed for sidewalk maintenance during the period of Feb. 14, 2022 through June 30, 2022.

City Manager’s Report

Under the City Manager’s Report, City Manager Craig Stephenson reported that Autumn Leaf Collection will end and Christmas Tree Recycling will end on Jan. 21.Tree mulch will be available beginning Jan. 27, 2022; and City Commission budget hearings with City Management and Departments will be held April 18 and 19, 2022. 

Stephenson announced that Environmental Services Director, Dr. Hong Fu will be retiring in March. The Environmental Services Department includes the landfill, solid waste, water and waste water. The position of Environmental Services Director has been posted for in the Human Resources section of the City of Ponca City’s website, www.poncacityok.gov.  Certification as a professional engineer in Oklahoma is required. 

Stephenson also announced that the City of Ponca City will observe Monday, Jan. 17, Martin Luther King Jr. Day, as a City holiday: 

  • Residential Refuse WILL NOT BE PICKED UP Monday, January 17, and RESUME Tuesday, January 18.
  • Ponca City Landfill will CLOSE Monday, January 17, and will REOPEN Tuesday, January 18.
  • Ponca City Library will CLOSE Monday, January 17, and REOPEN Tuesday, January 18.
  • Marland’s Grand Home will CLOSE Sunday, January 16, and REOPEN Tuesday, January 18.
  • Marland Mansion and Estate will CLOSE Sunday, January 16, and REOPEN Tuesday, January 18.
  • Lew Wentz Golf Course will be OPEN Monday, January 17.
  • Ponca City Senior Center will CLOSE Monday, January 17, and REOPEN Tuesday, January 18.
  • Ponca City RecPlex will be OPEN Monday, January 17.

New Business

Under New Business the City Commission approved the removal of City-imposed restrictions and covenants placed upon a piece of real property located at 2104 N. Ash Street, where removal was necessary to facilitate a sale of the property to Mid America Door, Inc. for their expansion. 

In 1997, a piece of property, legal description in Exhibit A of the Warranty Deed, located at what is now 2104 N. Ash Street was sold to Mitchco Fabrication Inc. for an expansion of their business. 

Part of the sales agreement for this property included protective covenants and restrictions. It is believed by the City that these were added to promote development of the area near the airport. 

The protective covenants included a clause that allowed for their amendment or alteration at any time by a vote of seventy-five percent of lot owners. 

Upon research, the City has discovered that there are no other adjacent or nearby lots with such covenants, nor does the covenant document define the lots included in this determination. 

Mitchco Fabrication Inc. has, upon the determination that they are the sole owner of the lots included, voted to remove the protective covenants. These covenants are listed in Exhibit B of the Warranty Deed. The restrictions placed on the property by the City (listed in Exhibit C of the Warranty Deed) were primarily to prevent the use of property for investment purposes only and to prevent the subdivision of property for use in retail sales. The first restriction, which allows the City the first right to repurchase, is no longer necessary as there have been substantial improvements made on the property. The second restriction is now unnecessary as there is no intent made by Mid America Door, Inc. to develop the area as a retail location; it is going to be an expansion that will allow them to use the area for storage purposes. The covenants and restrictions did what they intended to do at the time of their placement on the property, and therefore staff recommended the removal of the restrictions and acknowledged the vote of the owner to remove the protective covenants.

PONCA CITY UTILITY AUTHORITY

PCUA Consent Agenda

Under the PCUA Consent Agenda, the PCUA Trustees approved the minutes of the Ponca City Utility Authority regular session held Dec. 27, 2021; a resolution appropriating money for payment of claims against the Ponca City Utility Authority; and a resolution of the PCUA amending the operating budget of various PCUA Funds for Fiscal Year 2021-22.

PCUA New Business

Under PCUA New Business, the PCUA Trustees approved a construction contract with Horseshoe Construction, Inc. for the Kingston Road and Ash Street Sanitary Sewer Rehabilitation Project in the amount of $478,180. 

This project is to replace problematic sanitary sewer lines on both Kingston Road and Ash Street. The new sewer collection system will meet the regulatory requirements and eliminate blockages thus minimizing the possibility of unpermitted discharges.  Bids for this project were opened on Dec. 30, 2021. Three bids were received and after reviewing the bid documents, both PCUA staff and the engineer recommended that the construction contract be awarded to the lowest and most responsible bidder, Horseshoe Construction, Inc. 

The PCUA Trustees also approved a financial incentive in accordance with the Hip 2.0 to Freedom Homes, LLC for the Construction of a PUD (Planned Unit Development) consisting of 26 new housing units, located at 1702 Turner Street. 

In June of last year, the PCUA Board of Trustees approved a resolution that re-established a financial incentive program for the purpose of spurring housing activity in Ponca City.  

The resolution provides for incentives given to developers of projects that result in the new construction or rehabilitation of housing units of all types, where the older HIP versions were limited to builders of new single-family units only. The rehabilitation of existing buildings and multi-family housing units became an eligible development project to encourage the adaptive reuse of older properties. 

The HIP 2.0 also encourages the development of buildable lots in order to create new residential subdivisions within the City. Qualified developers execute a development agreement with PCUA that details the scope of work and generally what is expected of each party in exchange for the financial incentive. 

The HIP 2.0 resolution states: The PCUA shall annually appropriate a set aside in the amount of $300,000 for the sole and only purpose of providing financial incentives to qualified developers who construct new or rehabilitated housing units in accordance with the resolution provisions. 

The annual set aside may be increased, decreased, or terminated in the future by the PCUA Trustees as necessary to meet the continued purpose and intent of the program. In September of 2021, the Commission approved a PUD consisting of 26 new housing units located at 1702 Turner Street. The developer, Freedom Homes, is nearing completion of the development plans and specifications and will be seeking a building permit for construction next month. 

Staff has negotiated a financial incentive in the amount of $200,000 for the completion of the PUD in accordance with a development agreement.  Prestige Worldwide became the first entity to apply for HIP 2.0 funds back in August of last year, and will receive a financial incentive for the rehabilitation of the apartment complex consisting of 62 units.

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