Ponca City Board of Commissioners Sept. 12 meeting

September 15, 2022 | Headlines

PONCA CITY — The Ponca City Board of Commissioners met in regular session on Sept. 12.  Mayor Homer Nicholson called the meeting to order, which was followed by the pledge of allegiance. Commissioners Robert Bodick, Lanita Chapman, Shasta Scott, and Paul Taylor were in attendance. To watch the meeting visit https://www.poncacityok.gov/civicmedia

Consent Agenda

Under the Consent Agenda, the City Commission approved the minutes of the Ponca City Board of Commissioners regular session held Aug. 22, 2022; a resolution appropriating money for the payment of claims against the City of Ponca City, Oklahoma; a resolution of the Board of Commissioners of the City of Ponca City, Oklahoma amending the operating budget of various funds for Fiscal Year 2022-23; a resolution of the Board of Commissioners of the City of Ponca City, Oklahoma, confirming nominations of Nicholson for appointment of officers and department heads for the City and setting the term of office thereof; a revision of Commission Policy Statement No. 6, regarding rental of Parks and Recreation facilities and special events requests; and an authorization to advertise for bids for the street and water line improvement project, Hartford Avenue – NE Woodland Road to El Camino Street, Project No. SST 23-6.


Under Reports, City Manager Craig Stephenson reported that the State of the City Report has been issued in the September edition of Ponca City Monthly. The State of the City will also be presented by Nicholson and Stephenson at the Ponca Politics session to be held on Friday, Sept. 30, in the Commission Chamber of City Hall, from noon to 1 p.m.

David Myers presented the PCDA (Ponca City Development Authority) Review. PCDA is an accredited economic development agency whose mission is to compete for economic development projects; as well as make vital investments in property, buildings, and programs that strengthen the local economy and improve the lives of the residents of Ponca City. PCDA is funded by a half cent sales tax, that started in 1994, as a vote of the people of Ponca City. The seven members of the PCDA board of trustees are appointed by the City Commission. For additional information visit www.goponca.com or call 580.765.7070.

Public Hearing

The City Commission conducted a public hearing and approved an ordinance zoning real property located south of the 700-800 block of East Hubbard Road, more particularly described below, from R-1 Single Family Residential to Light Industrial (l-1), and directing the Development Services Director to change the official Zoning Map of the City accordingly, and directing the City Clerk to file of record. 

This petition concerned the un-platted group of individual lots located south of the 700-800 Block of East Hubbard Road. This cluster of commercial/light industrial properties located near the intersection of Hubbard and the BNSF (Burlington Northern Santa Fe) railroad crossing have existed for quite some time. 

In fact, most were there before the area was annexed by the City back in 1985. When annexation did occur, the current use of the properties were not recognized or reflected in the ordinance and the entire area remains zoned residential to this day. 

Several new buildings have been constructed since annexation occurred and consequently, those properties had to be zoned before construction could occur. The remainder of the properties remained zoned residential and as such, were non-conforming land uses. They could not be expanded and certain land uses were not permitted. 

Last month, the City received a zoning petition from the owner of a vacant property addressed as 3918 Santa Fe Street. The purpose of the zoning change was to make way for the construction of a small warehouse storage building. The applicant sought a building permit and was informed that a warehouse was not a permitted use in the Residential District and therefore, could not be constructed until the zoning change was made. 

The area is served by City water and electric and the street (Santa Fe Street) is dedicated as a public street. Light Industrial was the appropriate zoning classification not only for this vacant property, but for the remainder of the non-conforming properties that front onto Santa Fe Street and Hubbard Road as well. 

To that end, staff initiated the zoning petition process to bring the entire industrial park into compliance. Under State Statute, the City can initiate the rezoning process if it is deemed to be a public purpose. 

The only difference is, if more than 20 percent of affected property owners choose to protest a change, then it takes a minimum of 3 affirmative votes by the City Commission to overturn a protest.  

Zoning the entire area as Light Industrial eliminates the need to deal with these properties on a case by case basis, eliminates the numerous non-conforming uses that exist today, and cleans up the City’s official Zoning Map as well. This site is also identified on the City’s Future Land Use Map as industrial. Staff was able to assemble a legal description of the entire area and eliminate the need to describe all 13 of the individual properties, saving the City a considerable sum in notice fees.

The City Commission also conducted a public hearing and approved the acceptance of Contract No. 17982 CDBG20 as complete.  The three projects completed within this contract included (1) Home Buyers Assistance; (2) Special Services and (3) Marland Grand Home Improvements – Phase III.  The total amount expended for these projects was $417,297.00.

New Business

Under New Business, the City Commission approved an ordinance of the City of Ponca City, relating to the amendment of Ordinance No. 6241 of the City, as codified in Section 4-2-3 of the Code of Ordinances, by extending the expiration date; providing effective date; providing for severability of provisions; and containing other provisions related thereto. 

The proposed ordinance amended Ordinance No. 6241 to extend the termination date of the one-half of one percent (0.5%) Economic Development Sales Tax from Dec. 31, 2023 to Dec. 31, 2028, effectively extending the tax for 5 years. 

Any tax must be approved by the voters as does any extension of a tax which otherwise has a termination date. Therefore, the proposed resolution would call an election to put the extension of the tax before the people for them to approve or disapprove. 

The City Commission also approved a resolution authorizing the calling and holding of a special election in the City of Ponca City,  on Tuesday, Jan. 10, 2023, for the purpose of submitting to the registered qualified electors of said City the question of approval or rejection of Ordinance No. 6311 of the City relating to the extension of the expiration date of a one-half of one percent (0.5%) excise tax (sales and use tax) currently levied for economic development pursuant to Ordinance No. 6241, all as more specifically set forth in Ordinance No. 6311.

An executive session was held for purposes of conferring on matters pertaining to economic development upon finding that the matter to be discussed would interfere with the development of products or services or public disclosure would violate the confidentiality of the business. Authority for the executive session Is 25 O. S. § 307C.11. No action was taken.


PCUA Consent Agenda

Under the PCDA Consent Agenda, the PCUA Trustees approved the minutes of the Ponca City Utility Authority regular session held Aug. 22, 2022; a resolution appropriating money for the payment of claims against the Ponca City Utility Authority of Ponca City, Oklahoma; and a resolution of the Ponca City Utility Authority, Ponca City, Oklahoma amending the operating budget of various PCUA funds for Fiscal Year 2022-23.

PCUA New Business

Under PCUA New Business, the PCUA Trustees approved a contract with Utility Technology Services, Inc., Oklahoma City, Ok for the Water Meter Replacement Project; and authorized the Chairman and City Manager to execute the required documents in the amount of $3,387,710. 

This project is to replace 10,953 water meters up to and including 1-inch meters and 11,100 Smart Points. 

The Smart Points transmit the water reading to the City’s water reading system. On July 21, 2022, one bid was received from Utility Technology Services, Inc in the amount of $3,387,710 Based upon the information supplied, all documents appear to be in order. City staff and the Garver, LLC Engineer, Joseph Haydock recommended awarding the project to Utility Technology Services, Inc.