Zoning hearing for Casey’s General Store delayed after notice and quorum problems

Pryor Creek council members on June 17 stopped consideration of a zoning-related public hearing connected to a proposed Casey’s General Store after legal staff raised concerns that required public-notification procedures may not have been followed when a planning-and-zoning meeting was rescheduled.

At the start of the public hearing the council heard competing legal interpretations about whether the city complied with state notice requirements. One speaker cited Oklahoma statute numbers in the meeting transcript (noted as “11 dash 4 3 dash 1 0 4 and 1 0 6” in the record) and said the law requires mailed notice at least 15 days before a hearing and publication of the hearing date, time and place in a newspaper of general circulation. City staff and legal counsel said attempts were made to notify and re-schedule the planning-and-zoning meeting but that changing the date raised the question whether the required 15-day publication and mailed-notice requirements were met for the rescheduled hearing.

City staff said notices had been mailed previously and that planning-and-zoning members confirmed the process had been followed when the meeting was originally set; other staff said that because the meeting was canceled and rescheduled, notices for the new date should be republished and remailings performed to ensure compliance. Staff also said the property-mailing requirement extends to owners within a 300-foot radius, and that postage and publication costs would be the city’s responsibility if notices must be reissued.

Council members expressed frustration at the delay, noting the rezoning and an alley vacation are needed to allow the proposed convenience store to proceed. They discussed options to expedite the process — including running publication for a planning-and-zoning meeting and scheduling a council meeting immediately afterward — but legal staff advised that the planning-and-zoning notice requirements must be honored, and that the process would likely require an additional 15 days after proper publication.

Additional procedural issues discussed included planning-and-zoning quorum rules. Councilmembers called the requirement for a full seven-member quorum in the city ordinance “problematic” in practice; council asked staff to explore changing the local rule to make scheduling easier in future cases.

Action and next steps: The council did not take final action on the zoning items. Staff (Darla/Cheryl and legal counsel) were directed to republish the planning-and-zoning notice, to remail certified letters to required property owners, and to schedule the planning-and-zoning hearing at the earliest compliant date; city staff said that they would attempt to coordinate a council meeting immediately after planning-and-zoning so the council could act without further delay, subject to legal notice requirements.

Costs: Staff noted postage (current 69¢ per piece cited in discussion) and newspaper publication will add cost; staff said the city would bear the postage cost for remailing and that previously paid fees by applicants would not be recharged for mailing already performed. Council asked staff to prepare an estimate of mailing counts and publication costs and to return with scheduling options and confirmation of legal compliance before the council takes a vote.