The Ponca City Board of Commissioners met in regular session on March 8, 2021. Mayor Homer Nicholson called the meeting to order, which was followed by the pledge of allegiance.
Ceremonies and Proclamations
Under the Ceremonies and Proclamations section of the agenda, Mayor Nicholson presented an Arbor Week Proclamation to Eric Newell, Parks and Recreation Director, and urged all citizens to celebrate and support efforts to protect our trees and woodlands; further, to plant trees to gladden the heart and promote the well-being of this and future generations. Arbor Week will be held March 21-27, 2021.
The character trait for March, Decisiveness, was also introduced.
Charter Item
In accordance with provisions of Section 60 of the City Charter, Commissioner Paul Taylor was elected as Vice-Mayor.
Consent Agenda
Under the Consent Agenda, the City Commission approved the minutes of the regular session held February 22; a resolution appropriating money for the payment of claims; a resolution amending the operating budget of various funds for Fiscal Year 2020-21; the purchase of a Demers Model MXP170 Type 1 Ambulance from Pinnacle Emergency Vehicles in the amount of $246,448.00; the Fiscal year 2019-20 Single Audit Report for the City of Ponca City from BT&Co., P.A. for the fiscal year ended June 30, 2020; and a resolution setting non-utility rates, fees, and charges for the Marland’s Grand Home. The new fee at the Marland’s Grand Home allows for a one-time meeting rental, limited to two hours, Tuesday through Saturday, before 5:00 p.m., for a fee of $75.00.
The City Commission also approved the execution of contract documents to Do-U-Right Construction for the sidewalk improvements that will replace deteriorated concrete and address ADA (Americans with Disabilities Act) concerns in the downtown area. The east side of Third Street, between Grand Avenue and Central Avenue will be replaced, receiving the stepped-curb treatment along most of its length, and making ADA-compliant crossings at the alley and two driveways. An ADA-compliant wheelchair ramp will be added to the business entrance on Third Street. On North Fourth Street, the sidewalk and curb from the alley entrance to the Cleveland intersection will be replaced with new pavement and a traditional 6” barrier curb, and the corner pavement will be expanded to accommodate ADA-compliant wheelchair ramps.
And, the City Commission approved a resolution waiving City Code Section 7-1-4 for a City -Wide Garage Sale Day on April 10 and waiving the $5.00 permit fee in conjunction with the City’s Annual Spring Cleanup to be held April 10-17. In case of inclement weather, the Citywide Garage Sale will be held on Saturday, April 17.
Reports
Under the reports section of the agenda, City Manager Craig Stephenson reported that the City of Ponca City’s Residential Ice Storm Tree Debris Only Collection continues. As of March 5, 2021, city crews have removed 27,100 cubic yards or 5,700 tons of debris from the community. Crews have completed residential storm debris removal, and are now focused on municipal owned property, primarily parks.
Oklahoma Department Emergency Management and Homeland Security have requested residents impacted by the recent winter storm report property damages online at damage.ok.gov. Reporting damage as soon as possible will greatly assist our ability to request additional federal assistance for the state. Through the online damage assessment survey, residents and business owners can report winter storm-specific impacts including: flooding from broken pipes; power surges that caused damage to furnaces, electrical systems, or major appliances; number of days without water, gas, or electricity; number of days displaced by the winter storm; and injuries sustained as a result of the winter storm. Reporting damage helps ODEMHS document the overall impact of the historic winter storm and helps support the case for further assistance to help homeowners, renters and business owners recover. Oklahomans can report damage to homes, businesses or agriculture through the online survey at damage.ok.gov.
Registrations for COVID-19 vaccination appointments can be made using the Oklahoma State Department of Health link https://vaccinate.oklahoma.gov for more information, please contact the Kay County Health Department at 580.762.1641. Some local pharmacies are also beginning to schedule vaccination appointments.
Public Hearings
Under Public Hearings, the City Commissions approved an ordinance zoning real property located at 404 East Broadway Avenue, from R-3 Multi-Family Residential to C-1 Local Commercial.
New Business
Under New Business, the City Commission approved the execution of the contract documents to A-Tech Paving in the amount of $159,097.44. This project is for concrete pavement reconstruction of Prospect Avenue from Fourteenth Street to 350 feet west. The outside lanes, curbs and the newly constructed median are all in good condition and will not be included in this project. Only the westbound inside lane, eastbound inside lane and eastbound left turn lane will be repaired in this project. These sections of the concrete pavement are deteriorating and have been exhibiting numerous surface failures that have been worsening over the past few years. The new pavement section will include an 8-inch dowel jointed HES (High Early Strength) concrete pavement over 8 inches of ODOT Type A Aggregate base over a compacted base. The project will be completed in two phases, due to the close proximity of the 14th Street signalized intersection and the vehicle turning movements through this intersection, as well as the adjacent businesses and parking lots. Total estimated construction time for both phases of construction is 45 calendar days. It is anticipated that the project will begin no later than April 12, 2021.
The first phase involves the closure of all of the westbound lanes (north side of the road), from the west side of 14th Street to a point 350 feet west. During phase one, eastbound traffic lanes will remain open to traffic and continue to move uninterrupted. A construction time frame of 20 calendar days is estimated for completion of phase one. During phase one, traffic will be detoured north on 14th Street to Knight Avenue, then west to 5th Street and then south back to Prospect Avenue. The northbound left turn lane on 14th Street will be closed to traffic during phase one. The second phase will not begin until after the completion of the phase one repairs and the reopening of the phase one area to traffic. Phase two will close all of the eastbound lanes (south side of the road) from a point 350 feet west of 14th Street to the west side of 14th Street. During phase two, the westbound traffic lanes, will be open to traffic and will move uninterrupted. An estimated construction timeframe of 25 calendar days will be provided for the completion of phase two as it involves more concrete repair area than phase one. During phase two, eastbound traffic will be detoured north on 5th Street, then east on Knight Avenue, then south on 14th Street back to Prospect Avenue.
The City Commission also approved the purchase of four 2021 V-6 All-Wheel Drive Dodge Charger Police Cars, from Bob Hurley DCJR of Ponca City, in the amount of $105,212.00.
The last two agenda items were for applications from Rural Water District #3 for commercial water meters. Much of the unincorporated portions of Kay and Osage County have been served by RWDs (Rural Water Districts) dating back to the late 1960’s. The RWDs get their water source from the City of Ponca City. Therefore, the City is responsible for producing enough water to not only serve current and future City residents, but those served by the rural water districts as well. Since the City is contractually obligated to supply a specified amount of water, the Commission also has some say in the way the water is ultimately distributed to the customers. It is not the intent or mission of the City of Ponca City and PCUA to promote high density growth and commercial development outside the corporate limits of the City at the expense of the citizens living within the City limits. Therefore, many of the contracts with the individual RWDs stipulate that water meters cannot be provided to commercial users, without the express recommendation of the Planning Commission and approval of the City Commission. The intent is to maintain the rural character of the areas surrounding Ponca City and not to place a burden on the City to supply water beyond its capability to do so. However, the contracts do not suggest or otherwise establish a criteria or policy by which the merits of such applications should be judged.
In light of the drought conditions that persisted in the region from 2010 to 2015, the City Commissions began denying all applications of any type to vary the terms and conditions of the RWD contract. In early 2020, the City Commission did approve an application for a commercial water meter in Kildare, specifically, so the School District could construct a multi-purpose building at the school complex. Since November of 2013, the Commission has denied a total of seven applications to vary the terms and conditions of the contract with RWD #3. Nevertheless, the RWD representatives are obligated to submit the water meter applications in accordance with the contract provisions and this practice will probably continue regardless of the current Commission policy. In the meantime, attorneys representing the City and the RWD have attempted to establish a new contract for the past several years in an effort to update the circa 1967 contract and perhaps address this very issue.
At their regularly scheduled meeting held on March 2, 2021, the Planning Commission unanimously recommended the approval of an application from Rural Water District #3 for a rural water meter to be placed on an 8.78-acre vacant parcel of land located at 6720 North Pleasant View Road, on the west side of Highway 77 immediately north of Ponca City Energy. The proposed use of the property was for the location of Century Products, LLC, a company that manufactures products for the ranching industry and is currently located in Shidler. The City and PCDA (Ponca City Development Authority) have been working with this company to secure a location within the City’s industrial park and have been unable to find a suitable location. The City Commission voted 3-2 in favor of the motion to deny the application, with Mayor Nicholson and Commissioner Bodick voting against the motion.
At their regularly scheduled meeting held on March 2, 2021, the Planning Commission unanimously recommended the denial of an application from Rural Water District # 3 for a commercial water meter to be placed on a 13.8-acre vacant parcel of land located at 4010 North Pleasant View Road, at the intersection of East Hubbard Road. The proposed use of the property is for an RV Park, where dirt work has already begun. This site is unique in that there is both rural and City water available to serve this development. The applicant wishes not to be annexed and/or meet the City’s development standards and codes. The City Commission voted 4-1 in favor of the motion to deny the application, with Commissioner Bodick voting against the motion.
PONCA CITY UTILITY AUTHORITY
Consent
Under PCUA (Ponca City Utility Authority), the trustees voted to approve the consent agenda which included the minutes of the regular session held February 22, 2021, and a resolution appropriating money for the payment of claims against the Ponca City Utility Authority.
New Business
Under new business, the trustees approved the purchase of six 2022 Freightliner Model M2 106 Packer Trucks with New Way Cobra Packer Body from the Premier Truck Group in the amount of $990,000.00.
