News Staff Writer

Ponca City's Board of Commissioners voted Monday night to allow God's Church to occupy its building at 3412 North Pecan, provided the building passes code review, and granted the church a five-month extension to complete exterior work.

The extension requires the church to complete paving of the parking lot and erect fencing by Aug. 23.

The compromise, proposed by outgoing Commissioner Paul Krueger, came after considerable discussion about the timeline of the church's construction and the hardships the church has faced during the past five years.

Commissioner Stan Paynter expressed his displeasure with a Ponca City News report on the agenda item published in Sunday's paper.

"Your Honor, I just want to make one comment, and I think this forum is appropriate, since it was put out by the public," Paynter said. "I opened up the Sunday front page of the Ponca City News and they had a beautiful picture of Easter with a crucifix, and right below it is an article about the city trying to close down a church.

"I personally took that offensive and as a Christian and a commissioner and as a citizen of Ponca City, if I looked at that and didn't read that article maybe twice it would infer that maybe the city is out to close churches. And I want everybody to understand that that's not," Paynter said. "I think the Ponca City News did a terrible job of article placement and I just wanted to let that be known."

Development Services Director Chris Henderson said the city approved a special use permit and site development plan for God's Church in December 2003. A building permit was issued in December 2004.

In March 2006, Henderson said, the city discovered the building was occupied but not completed and final inspections had not been made.

During that time, Henderson said, the Scroggs family experienced overwhelming hardships with two major family illnesses. Henderson said he instructed his staff to back off of the issue at that time since the building was only sporadically occupied.

In August 2007, Henderson said he again notified the church of the outstanding code violations, and in September the city Code Enforcement staff was allowed to inspect the premises by God's Church and a prospective buyer for the property.

Henderson mailed a list of the outstanding code issues in October to both God's Church and the prospective buyer. In November, the prospective buyer decided not to purchase the property, and another notice was sent to God's Church.

This month the city confirmed that the church again was meeting in the building, Henderson said. He also gave the commissioners a list of the violations that were found on the September inspection, most of which were relatively minor, he said. The major interior violation was the installation of ADA compliant handicapped-accessible rest rooms.

Prior to the start of Monday's meeting, Henderson said, he spoke with the church's pastor, Jonathan Scroggs, who told him the items inside the building have been addressed.

The big-ticket item, Henderson said, was the lack of a paved parking lot. The lot presently is gravel.

Scroggs addressed commissioners and said the construction on the building was completed in December with the help of many volunteers.

During the period of his family's crises, Scroggs said, the price of steel for the structure jumped $35,000, which was the amount of money that had been allotted for the parking lot.

"One of the things we had asked for in the beginning when we stood before this very podium was if we would be allotted a leeway time for our parking lot, because at that time we had already gone through some stalling from business plans and redlines and things that were difficult," he said.

Scroggs said they had asked for additional time to raise funds for the parking lot.

"We have a half a million dollar facility there. We don't want it out of code," Scroggs said. "We want everything done perfectly and to the letter of the law. We had every permit and everything we were advised to do, we did.

"The challenge is finances," Scroggs said.

He said he and other members of the church staff have received no paycheck in more than two years.

"There is no money in the bank account to make any necessary moves toward a parking lot," he said.

The church also has looked into borrowing the money but has been told that was not possible because of the size of the congregation.

Scroggs said the church did put the building up for sale a few months ago.

The pastor also said the church has had to deal with a neighbor who has been very violent to the members of the congregation and has made numerous complaints about the church. He said the Ponca City Police officers who have responded have told him there is no basis for the complaints.

He said he would like a temporary occupancy permit until the building sells because of the harassment from the neighbor.

"We just want to be a church. We don't want to stay on that property any more," Scroggs said.

Commissioners asked Scroggs whether he had a plan to remain at the location and complete the requirements for an occupancy permit or if his plan was to sell the building.

Commissioner Diane Anderson said that any plan to occupy the building would require the parking lot to be paved.

Scroggs said the lowest local bids he had received were between $80,000 and $90,000.

He said a Kansas company had offered to do the job for $35,000 and he had asked if he could do the parking lot in stages but had been told it all needed to be done at one time.

"The last thing we want to do is shut down a church but we have an obligation to enforce city codes and city ordinances and to make sure that life safety code is adhered to," Mayor Homer Nicholson said. "We are held accountable by the state for life safety code regulations and those are things we just have to do, regardless of what kind of a business or facility it is.

"It sounds like it is an unfortunate situation, maybe for both parties," Nicholson said.

Krueger, who also is the senior pastor at Woodlands Christian Church, told Scroggs he was troubled that he had built without sitting down and counting the cost.

"I'm confused because you've talked for a while that you would like to raise the money to put in the parking lot, but then you've talked for a while that the building has a for sale sign and you'd like to sell it and relocate because you're having problems with your neighbors. Which is it?" Krueger asked. "What are you wanting to do?"

Scroggs said it was the unanimous decision of the church that for whatever time they occupied the building, they wanted to finish everything to the letter of the code that they agreed to do.

"Our long-term vision is to be off of that property, but while we are there, we don't want anything left out of code," he said.

Commissioner Krueger said the city has codes for which the board is responsible.

"I would like to hear that you have a plan for that parking lot, to raise funds, get the financing and go forward to build a lot," Krueger said. "We have been at this for four years, since December 2003. Can you give us a promise that you can have the parking lot done in three months?"

Scroggs said his church has been picked on and picked on for eight years.

Krueger said the parking lot at his church cost an additional $125,000 more than originally planned by the architects and engineers to meet code.

"Don't tell me you're being picked on," Krueger said. "My congregation said 'We'll step up and do what needs to be done to be good citizens.' When you tell me you're being picked on, it falls on deaf ears from this chair because so far you have not met city code. I'm appealing to you to tell me what you need so that we can do this."

City Attorney Kevin Murphy suggested that the church could be given as much time as it wants, if it does not occupy the building until it is brought up to code.

Mayor Homer Nicholson said it appeared to him the city had been very generous and that the church had had enough time to build three buildings.

"You're not holding up your deal," Nicholson said. "This is not a pick and choose. The drawing that was submitted shows what you were given a permit to build."

Krueger interrupted more discussion to make a motion to give Scroggs five more months to raise additional funds to build the parking lot and fence and occupy the building if it is up to code. If the church fails to meet its obligation in that time, it would be shut down.

Murphy said the city would issue citations if they received complaints from citizens about any problems with the church as far as noise problems.

After the motion was approved unanimously, Mayor Nicholson admonished Scroggs that he wanted "no questions, no gray areas and no scuff on this. The ball is in your court."

In other business, the commissioners approved an agreement with SJCF for the design of the Ponca City Aquatic and Family Center—YMCA.

The board also approved amendments in city operating budgets and approved an amendment to the city code which prohibits the discharge of firearms within the city with certain exemptions.