BOARD OF COMMISSIONERS REGULAR SESSION HELD NOVEMBER 27

The Ponca City Board of Commissioners met in regular session on November 27, 2023. Mayor Homer Nicholson called the meeting to order, which was followed by the pledge of allegiance. Commissioner Robert Bodick, Garrett Bowers, Paul Taylor and Kelsey Wagner were in attendance.

Consent Agenda

Under the Consent Agenda, the City Commission approved the minutes of the Ponca City Board of Commissioners regular session held November 13, 2023; a resolution appropriating money for the payment of claims against the City of Ponca City, Oklahoma; a resolution of the City of Ponca City establishing petty cash accounts in amounts allocated by the governing body for use in making payments for costs incurred in operating the municipality; the acceptance of all work as complete and final pay to Stuever Dirtworks, LLC for the replacement of the Motocross track fence and the Public Works fence Project No. ARPA10, in the amount of $18,362.15; and a budget modification for Contract No. 18118 CDBGCR20 from the Oklahoma Department of Commerce for Coronavirus Response (CDBG-CV) Program.

Reports

Under Reports, City Manager Craig Stephenson reported that Autumn Leaf Collection will continue until January 19, 2024; the Lighted Christmas Parade will be downtown on Friday, December 1, 2023 at 6:00 p.m.; Marland’s Grand Home will host their annual Holiday Open House on Saturday, December 2, 2023 from 10:00 a.m. to 4:00 p.m.; and a Candlelight Tour of the Marland Mansion will be held on Saturday, December 9, 2023 from 6:00 p.m. to 8:00 p.m.

New Business

Elm Street Project

Under New Business, the City Commission approved the award of the project and execution of the contract documents to Stuever Dirtworks, LLC for a street and water line improvement Project No. SST 23-1, in the amount of $655,860.38. This project is for pavement reconstruction and water line improvements on Elm Street, from Grand Avenue to Broadway Avenue. The improvements scheduled include the removal of the existing brick pavement and construction of new asphalt pavement. Additionally, the existing deteriorated concrete curbs and gutters, sidewalks and driveways will be removed and replaced with new concrete improvements. Also, this project includes the construction of a new 6-inch waterline to relocate and replace the existing old 6-inch water line that lies under the street section being reconstructed. The new water line will be moved to be behind the curb, away from the street.

Advertisement for this project began on October 24, 2023. A pre-bid meeting was held on Tuesday, November 7, 2023 with five contractors attending. The bid opening was held on Thursday, November 16, 2023. Two bids were opened and read. Staff recommended awarding the lowest and most responsible bid from Stuever Dirtworks, LLC in the amount of $655,860.38. The water line portion of the project totals $183,072.80 and is funded through the Water System Capital Outlay fund and the street repair portion of the project totals $472,787.58 and is funded by the City Street Sales Tax Capital fund.

Aquatic Study and Planning Services

The City Commission approved a proposal for aquatic study and planning services from Waters Edge Aquatic Design for professional services associated with the evaluation of AMBUC and Lew Wentz Pools in the amount of $33,700.00. The City budgeted a total of $50,000.00 in Fiscal Year 2023-24 for the evaluation and determination of a path forward for AMBUC Pool. The purpose of this study is to assess current conditions at AMBUC Pool and Lew Wentz Pool and give recommendations on needed renovations. The specific objectives are fourfold; conduct a facility assessment to understand conditions at each site, develop recommended pool size and characteristics, develop scenarios and recommendations for improvements, and develop magnitudes of cost for proposed options. Waters Edge Aquatic Design of Kansas City, Kansas, the consulting engineer interviewed and selected, will begin the design within in the next 30 days.

Tennis Facility

The City Commission also approved a lease agreement between the City of Ponca City and the Ponca City Public Schools for the construction of a new tennis facility. This item was presented and discussed at the November 6, 2023 Board of Commissioners work session. The City owns the property at War Memorial Park, 706 N. 7th Street, where the Wally Smith Tennis Center is located. The Ponca City Public Schools’ plan is to build an additional four tennis courts, to add to the nine tennis courts currently there, along with a new tennis complex building with locker rooms, concessions and coaches office at this location. This 99-year lease agreement provides for that plan. The City and Ponca City Public Schools will share the parking that is currently at the park.

Executive Session

An Executive Session was held for purposes of discussing negotiations with the International Association of Fire Fighters and for the confidential communication between the Commission and its attorney on pending litigation that the City Attorney advises that public disclosure will seriously impair the ability of the Commission to litigate in the public interest. No action was taken.

PCUA (PONCA CITY UTILITY AUTHORITY)

PCUA Consent Agenda

Under the PCUA Consent Agenda, the PCUA Trustees approved the minutes of the PCUA regular session held November 13, 2023; a resolution appropriating money for the payment of claims against the PCUA of Ponca City, Oklahoma; and the award of the project and execution of the contract documents to Stuever Dirtworks, LLC for street and water line improvement project, Elm Street – Grand Avenue to Broadway Avenue, Project No. SST 23-1, in the amount of $655,860.38. This item was a companion item to the Board of Commission meeting item approving the street repairs and improvements portion of the project.

PCUA New Business

Four New Apartment Units

The PCUA Trustees approved a financial incentive in accordance with the HIP 2.0 to Trivest Properties, LLC, for the construction of four new apartment units on the second floor of the Pabst Building located at 201 East Grand Avenue, in the amount of $50,000.00. In June of 2021, the PCUA Board of Trustees approved a resolution creating a Housing Incentive Program, referred to as HIP 2.0, for the purpose of providing incentives to developers of projects that result in the new construction or rehabilitation of housing units of all types. The HIP 2.0 also encourages the development of buildable lots in order to encourage new subdivisions within the City. Qualified developers execute a Development Agreement with the PCUA that details the scope of work and what is expected of each party in exchange for the financial incentive. The incentive cash amount is based upon the type and number of housing units constructed or rehabilitated, or the number of buildable lots created by a subdivision. Since the inception of the new incentive program, PCUA has committed a total of $400,000.00 to fund two projects that include the rehabilitation of a condemned apartment complex and the conversion of a hotel to apartment units. Two other projects were funded, being a residential Planned Unit Development, and a new platted subdivision. However, neither project came to fruition and the Development Agreements for both projects have expired.

The latest application for funding in the amount of $200,000.00 comes from the new owners of the historic “Pabst” building at the northeast corner of 2nd Street and Grand Avenue. Trivest Properties, LLC, proposes to construct four new luxury apartment units on the second floor of the building. The former owner did replace the windows on the second floor, but never finished out that particular space. The windows offer a spectacular view of the central business district, are of very high quality and retain their original historic character. The bottom floor was formally the location of a “Boomerang” restaurant for some time but the business closed last year. The new owners are shopping for a new restaurant to reoccupy this space. In the meantime, they have hired WT Architects to prepare a preliminary floor plan. This project will also qualify for the City’s Code Compliance program as well since the second floor must have a fire suppression system.

Twelve-Unit Apartment Complex Rehabilitation

Atlas Real Estate Holdings, LLC, contacted the City of Ponca City on the afternoon of Monday, November 27, 2023 and withdrew their request for a HIP 2.0 financial incentive for the rehabilitation of a twelve-unit apartment complex, located at 901 East Grand Avenue, in the amount of $80,000.00. Therefore, this item was removed from the agenda.