City Council - Regular Meeting

Good. Good evening. We're going to call the Broken Arrow City Council meeting to order. 18 seconds behind time.

All right. We have invitation by Pastor Rich. Okay, just wait for Mr. Justin Green.

Yeah, I know closer to heaven you can get. Okay, guys, here we go. If you could just uh yeah, bow your heads for a word of prayer. So, Father God, we call upon your hand to help our city become better and better. May your wisdom and understanding rest upon our city council, city manager as they listen to the requests coming before them tonight. You have all the answers. You have all the solutions. Your voice can be heard as a whisper in their ears to make the right decisions. Lord, we want this city to prosper. Please position Broken Arrow as an example to our state and nation where the light shines because of the leaders who acknowledge you and want to keep you in the front forefront. Thank you Lord for the promise that when the righteous lead the people rejoice in your precious name Lord. Amen.

Amen. The people rejoice. Thank you sir. Take care. Pickle here. Green here. Ford here. Parks here. Wimpy here. Please stand and join me for the pledge of allegiance. Attention. Salute. Pledge. I aliance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

Thank you. Okay, we have um item 5T from the consent consent agenda to be pulled for discussion. Is there any other items? K. And item K.

Entertain a motion. I'll make a motion that we approve the consent agenda minus item 5T and K. I'll second to go. There it goes. It's going to be done.

All right. Item K, notification of city manager's execution of an agreement with the Broken Air Chamber of Commerce for advertising, promotion, and marketing of the Rooster Days Festival for an amount not to exceed $20,000. Um, yes. I I would like for this to go before the tourism board. Oh, okay. Well, that would make sense. Yes. I I absolutely support the council's request. Uh, I think that's something we've done traditionally and it shouldn't come to the council until they've had a chance to visit about how those funds are going to be utilized. So there's full transparency. So we need to table this then

I would recommend the council table until April 7th or until such time as we can get the tourism board together to meet and then bring a recommendation. So moved. Second. Roll call.

Pickle. Yes. Green. Yes. Ford. Yes. Parks. Yes. Wimpy. Yes. Item T is acceptance of the drainage advisory committee's recommendation to approve the re reallocation of the 2018 general obligation bond funds from design to construction funds for drainage improvements in South Fork Estate subdivision. We had an Yeah, you just had a citizen.

We just have a citizen that would like to speak on this um item. Jason Langley. Hi. Getting used to this now. Um, uh, thank you very much. It's, um, it's been a long road and you guys have been great through the whole process. Um, I just wanted to, uh, um, express that. I know it's kind of atypical being on the consent agenda already. Um, but I wanted to give you a quick status update since you've been uh, with us from the beginning. if if it comes to a close tonight with the process and I figure you should ride the whole train. So, um would you I just want to give you this. We got one little rain in South Broken Arrow and I know you love my videos. So, I just wanted this is what if you guys chose to approve it tonight, this is what she would be helping us solve. So, this was a few night uh two weeks ago. Um unfortunately, you can't really see the stream there, but you'll see it in a second. So, that way you know I'm not completely full of it. Um but this is a the only substantial rain we've had in the last couple weeks with the mitigation measures and everything in place and this is Mr. Bonuzi's yard and it cuts then flows in into mine as you're very well aware. So I just wanted to make you aware that we're still um dealing with the issues and confident that the resolution that everyone in this building including Mr. Schwab here uh Mr. eloquent Mr. Schwab uh helped um helped us get some resolution. uh the uh waiverss have been signed by as far as I'm aware um and hopefully everything's in place to go. So I just thank you for uh um engaging with us in the process and making it happen and being uh and listening. So and also thank you for the uh South Broken Arrow Home Depot. I appreciate that as well.

Thank you sir. I say thank you for coming and uh being here. um you are one of in in my ward and we're actually neighbors across the street there. But uh I appreciate you being willing to, you know, work with us through the process. I know we've had a lot of staff dedicated to this project and trying to make things go smoothly as possible for you guys. So uh thank you for your willingness to work with the city and um continue to make this happen. It's always great when uh the city can work with our residents and we can come to a solution. And even though it took a while to get there, we got there. So glad we got there. Okay, agreed. Entertain a motion to accept.

Make a motion to accept item T 26-363. Second. Roll call. All right. Item seven is public hearings, appeals, presentations, recognitions, and awards. Item A is approval of an authorization to execute a proclamation declaring April 2026 as Autism Awareness and Acceptance Month in the city of Broken Arrow. Molly, this is Molly. Oh, hi. Do you want to come on down and share with us?

Hello everyone. My name is Molly. I work for Creo's Health Services, but I'm also on a planning committee with Autism Foundation of Oklahoma, and we're having a autism awareness day at the state capital on April 2nd. Everyone is invited as well to celebrate our folks with autism and to really advocate for um those that need more transportation, more services. I can go on and on. Um but we appreciate the um proclamation that we'll be presenting at the capitol and as you know a autism awareness month is April. So any activities and and interest in that. Um we just really appreciate that and and accept the proclamation.

Absolutely. Well, I'll go ahead and read the proclamation and then we can vote to accept it. Whereas autism affects an estimate 1 in 31 children and one in 45 adults and affects each person differently resulting in unique strengths and challenges. Whereas autism can cause challenges with verbal and non-verbal communication, social interaction, and repetitive behaviors and can affect anyone regardless of age, race, ethnicity. Yes, that one. What he said.

I got you. um gender or socioeconomic background. I'm going to work on that word. Thank you. Whereas autism is often accompanied by medical conditions that impact quality of life. And whereas a comprehensive and collaborative approach will help to advance research provide a better understanding of autism spectrum disorder while strengthening advocacy efforts and ensuring access to services and resources throughout the lifespan. And whereas early diagnosis and intervention tailored to individual needs can have lifelong benefits, easing the transition to adulthood and fostering greater independence. And whereas each person and family affected by autism should have access to reliable information, supports, and opportunities to live up to their greatest potential. And whereas the city of Broken Arrow is honored to take part in the annual observance of annual autism awareness and acceptance month to address the diverse needs of autistic individuals and their families. Now therefore, I Deborah Wimpy do hereby proclaim April 2026 as autism awareness and acceptance month. So do you want to come you want to come back down and I can Yeah. I'll check it.

Okay. Thank you. There you go.

Entertain a motion to approve. I'd make a motion that we approve the uh authorization to execute a proclamation declaring April 20, 2026 as autism awareness and acceptance month in the city of Broken Arrow. A second. Roll call.

Bless you. Bless you. We've got quite a few. I think I'm just going to rotate and every everyone can share with the reading of proclamations. How about that? Um, item B is approval of an authorization to execute a proclamation declaring the week of April 12th through 18th, 2026 as National Telecommunications Week. I'm going to pass this one either to Lisa or I would love to read it. Okay. Whereas dedic do we have some telecommunicators in the office? Sometimes we have them out there. I don't see any. We have one over there.

This is just for you that's in our office. Whereas dedicated telecommunicators for the city of Broken Arrow provide dramatic life-saving services by talking to talking to distressed callers through CPR, helnic maneuver, child birth instruction, calming hysterical crime victims, and they make difficult decisions using limited information to save lives to reduce property damage on a daily basis. And whereas the 911 system contributes substantially to the health and safety of the citizens of Broken Arrow through the timely delivery of emergency calls to the correct emergency response agency and to the automatic identification of the caller's phone numbers and locations. And whereas the prompt response of police, firefighters, and medics is critical to protecting life and preserving property, it also results in the apprehension of criminals and the suppression of fires and timely treatment of the ill and injured. And whereas the men and women of the Broken Arrow Public Safety Communication Center have consistently answered thousands of emergency calls during the past year and provided fast assistance and needed assurance to victims of accidents, crimes, and illnesses. And whereas the critical functions performed by these telecommunicators play a significant role in the daily lives of approximately 100,000 plus broken arrow ones. And whereas these telecommunicators provide the vital link between the citizens in need of help and public safety first responders. Whereas Congress in cooperation with the National Emergency Number Associ uh number association and the associated public safety communications officials has set aside the second week in April to recognize the efforts of these dedicated people. Now, therefore, I, Deborah Wimpy, mayor, um, uh, the city of Broken Arrow, do hereby proclaim April 12th through 18th,

2026 Telecommunicator Appreciation Week, and encourage all citizens of Broken Arrow to recognize the value of this system in our daily lives, and to acknowledge the dedicated people who oversee its operation every minute of every day for our safety. Whereas in in witness whereof, I here unto set my hand and cause the seal of the city of Broken Arrow to be affixed this 24th day of March, 2026. Um I will say that they welcome um lunches and dinners and cookies this week if you all would like to drop some by. Um, and I also would like to say we were um in DC this past week for the National League of Cities and I did get with um Chief Arnold and we did um talk to the congressman's and uh the senators about uh how important it is because right now um our communicators are um they're like administrators like they they're like they're registered like administrators and we want them to be um classified as professionals. And so, um, the National Leagues of Cities, that's one of our priorities in public safety and crime prevention, um, which I chair or co-chair that committee. And so, we are advocating for that. So, hopefully we'll be able to get you all reclassified. So, anyway, congratulations. Okay, I just realized the other two proclamations were on consent agenda and so sorry

you can you can read all the where's next time. Super fun. Item C, present. We need to do we need a vote on that. Uh oh yeah, we do need to accept it. I make a motion that we accept the proclamation. Second. Just moving right along. Roll call. Hello. I'm ready. Item C, presentation regarding road closure of Houston Street from South First Street to South 6th Street in association with the Oldtown Waterline improvements. Charlie, mayor. Yes, sir. Do you want to present that to give to Brandon? We do have a communication. Oh, that's right. He is here. Brandon, would you like to come down?

Come on down, Brandon. The sign here signs I get Lisa too. No, we're fine. We're fighting over the thermostat back here, just like at home. Tell everybody who's fanning out there in the crowd.

We need to get our mayor a little heater. My jacket. Yes. Come on, guys.

All right, Charlie. Uh, good evening, mayor, vice mayor, council members, Mr. Spurgeon. My name is Charlie Brightite. I'm the director of engineering construction. Um, as you guys know, this is a presentation tonight because the authority to close lanes and close roads ultimately falls on the city manager's office or his design. Um, but, uh, as we've done standardly, we like to let the governing body and the public know when we think there's going to be a major road closure of an arterial road. Um, this has to do with a project that this govern this governing body approved a few months ago for Oldtown Waterline improvements. We're actually doing the improvements themselves with our crews in house, but then there's some drainage work that follows up that we've paid and hired a contractor to do that follows up our crews. Tim Robbins and his group are doing an excellent job. And this particular situation, because it's an arterial road, Houston, between Maine and Lyn Lane. Um, but it's also kind of acting as a residential road there. You're kind of going through the Oldtown portion. And so the rideway is smaller, the lines are really close to the road in this situation. So the water line that we're working on is about 6 ft off the shoulder of the road. So, we're not getting in the road. Um, but our equipment will be swinging out over the road. Our people will be right next to the road. So, we've put in a road closure request. Um, technically the applicant is the city of Broken Arrow, but we're going through the process putting on the road closure request to shut down this portion of Houston for about a month. Um, due to the traffic volume that's in the area and the way it kind of acts residential, we don't think it's going to be too substantial, but we're going to push people up to Dallas Street and then back out and around. So, happy to answer any questions you guys have. Ar some of those houses have entrance on that street. Is that correct?

Yes, sir. We've uh our teams are coordinating with all the people that live right there in front of it. They'll be able to drive around the sign and get into their house. It's just to avoid constant traffic. Um but if our our operators see one vehicle get into their house, they'll stop, let them drive by. Um it just won't be a constant volume. So, okay. Anyone else? Thank you. Thank you, Charlie. Item D is presentation, consideration, and acceptance of the city of Broken Arrow annual financial statements for year 2425. Cindy Arn, good evening. Cindy Arnold, finance director. Um Jake Winkler is here from Arlington Associates and he'll uh present a brief presentation of the audit report for the city's financial statements um for FY25.

Thank you, Cindy. Uh I'll emphasize the brief there. So, we'll go fast. Uh, this is a no news is good news presentation, which is exactly what you want. You want boring audit presentations. Uh, nothing exciting is ever good for an audit. Um, you do have a clean report. Uh, we don't have any findings to report. We have no significant deficiencies, no material weaknesses. Uh, we did audit federal grant money as well. We did not find any issues in there. You have a clean uniform guidance opinion as well. Uh, and another again a clean yellow book report. So, uh, overall it's a very no news is good news kind of audit. So, if you all do have questions, I think you got it in advance. I can take those now, but if you don't, I can turn the floor back over to you.

What you don't know is our grant writer is actually out uh for she's with our Cobra University class and she's so excited that that you're here to say that. So, we wanted to give her They were amazing. They did unbelievable. Put it in the grant reports. So, well, you know, I think that's part of us uh with our transparency. So, um, we're we're we we're have no doubt that that we were going to get a good audit, um, report back, obviously, because we have all the faith in Cindy and her team, but, um, it's always good news.

A special thanks to Cindy and Tom. I mean, they were on the ball. Uh, one of the big reasons we were able to get through this. I mean, this is, you're a large city. It takes some time to get through things and Cindy and Tom were just on top of things, giving us good records, clean records. They did a great job. So, want to give them a special thanks. Fantastic. Yes. Thank you, sir. Yep. Thank you. Yes. And thank you, Cindy and Tom. I don't see Thomas on here. I don't think he's on here. All right. And that was There's no action that needs Yes. I think you need to take a vote to uh We need to accept accept the presentation.

I'll make a motion to accept the um annual financial statements for fiscal year 2024 2025. Second. Roll call. Item E is update on the 2026 general obligation bond package. Mr. Spurgeon.

Well, good evening, Mayor, members of council. Um, and those in the audience today, I would like to take this opportunity, mayor, members of council, to recognize that we have our Kobu class with us. KobeU stands for citizens um, city of Broken Arrow University. Um, it's the our it's our leadership program and we have the attendees and I'd like for them to stand up to be recognized if I could please. Council had a chance to you sit down now. council had a chance to have a short reception with those individuals and these are the future leaders of our organization and I uh it's very heartfelt that the council members take the extra time to engage with the leadership and these are the individuals that in some way shape or form more than likely will be leading the departments in in the future and dealing with future bond packages and helping formulate formulate the projects working with the community and the transparency that we always try to put forth. And so, uh, it's a little, um, bittersweet because this is the last update that I'll be giving to the the city council before the actual April 7th vote. And it's hard to believe uh that this process actually started with the first meeting amongst the city management team and and finance in September of 2023 when we sat down and we did the proverbial backwards planning on when we wanted to recommend to the governing body that we would take the bond package to the the uh the voters. And I I remember Justin had just been in office for just a few months and we were just discussing the whole process and trying to to boil down a bond package uh 101 in a very short

period of time to the governing body members that were relatively new at the time. And I I remember having that conversation. I appreciate all your questions, Justin. Um, it is an incredible honor to to say that we're just really two weeks away from taking the ninth bond package to our citizens in the last 30 years to give them an opportunity to consider uh projects that are going to continue and maintain the great quality of life that exists within our community. And I think it's important because uh there are some folks in our communities that seem to want to think that the city hasn't always been transparent about this process. So I think it's important to share uh just a reminder is that we began the public education and the engagement on this well over two years ago and that included seven surveys uh dozens of community meetings, steering committee made up of committee citizens and three three public forums. Uh maximum participation was requested by the council in all of those meetings. Many of those meetings included all of our community partners, whether it's our our facilities such as the senior center, military history center, veteran center, arts 302, and the museum along with the sports organizations, the five sports organizations. I believe there was representatives of many of those meetings to engage with the council members about the the potential projects that they felt should be considered. And what's what is really exciting and I love to use the word is exciting because there's so many amazing things happening in our city is that in this package that the voters are going to consider in just two weeks, there are nearly 130 projects or initiatives that are going to help build upon the great quality of life because we already are a great city. There's no question about that. It's not it's not proclamations that this council passes. It's accolades that come from wellestablished organizations around the country and around the state. And so I'm very proud to say that we are already a

great community and that's because of the hard work of the citizens that are here today as well as those that have come before this council and myself and the shoulders in which we stand. And so I'm very excited. I want to remind everyone that January 6, the council called for the election for the vote as well as all the legislation and the eight propositions. And since the council approved that and we moved into public education phase, we've had nearly 50 meetings. Some of those meetings have been as small as five or six uh citizens or two or three businesses uh up to where we've had several meetings that had well over a hundred citizens, business owners, operators. And that doesn't include the meetings that the Chamber of Commerce uh James Bell and Amber uh Miller are here this evening. uh they have have been they endorsed this package and have had their own discussions uh through their million cups program for example and they've gone out there because they being our partner understand the importance of maintaining a great quality of life. It doesn't include the 1400 uh residents that in addition to that the sports organizations our state the other stakeholders the the many of you are on the boards of the various organizations that also have a project and so I'm proud to say is that there have been probably I would say well over a thousand I'm sorry 2,000 citizens that we've had a chance to visit with about about the public education and the importance of this of this project. And I just want to mention that we still have 15 meetings left uh between city employees. We have the two public forums um excuse me to be held on March 26 and April uh April 2nd is so there's going to be more opportunities and I was um pleased to say that last week the voters's guide went to every household that I believe within the community to give residents the information. And I I remember for example in 2018 I took mine

with me to the polls and so did several other residents is that they when they went in there to make a decision is they had their guide with them and that was the whole purpose of providing that guide is for give residents the opportunity to be well informed when they went into the uh into the polling place and made determinations on those six propositions as well as uh the residents will have the opportunity to do in in just two weeks. And so I want to take this opportunity because it is my last time to thank the council for your vision number one. Secondly to the directors specifically Charlie Bright and the engineering construction team. uh they did most of the heavy lifting and with the estimates and coordinating all the information for the the council and myself, Aaron McCauik, their our communications director and his team and also this all of our partners from the school district to the chamber of commerce to the sports organization, city facilities, everyone participated in this and helped come up with this package that I believe is truly communitydriven. And so we're going to finish strong with our remaining meetings, answer the questions that the public has to make sure when they feel comfortable that when they go to the polls on on April 7th, they will have all the information they need uh to make an informed decision on on the bond package. And so with that, I I'll ask for the final time. Does anyone have any have any questions? Little dramatic there, but it's been it's been it's hard to believe that it started almost three years ago and here we are with just 14 days left. And I couldn't be prouder of the leadership of this organization and the staff as well as our partners. And I I our community has responded very well. And I will say one thing amongst the people we've been in front of, the support for the propositions has been overwhelmingly positive.

Yes, you've been to you've been to many of those meetings. the responses, uh, the understanding of what it takes to maintain a great quality of life. I think our community has shown that in the past and they they've shown that during these meetings, how important it is to basically to to seriously consider packages, propositions that are going to maintain the great quality of life we have. Absolutely. And I think uh, Councelor Ford is about to remind everyone to turn the page. Don't forget to turn the page. Flip the ballot.

Um, I I think everyone's done a great job and especially you, Michael. you your heart and soul has been into this for two and a half years. I don't know how you get I mean you are energetic anyway, but like I I know your battery is going to run out April 7th at about 9:00. Um, but we um I I know the whole council we really appreciate your dedication and your work and um and your whole staff on this and um it success is because of your hard work and and I really feel I I do feel confident that we've given the citizens everything they need to know to make a good decision. Yes. Thank you, ma'am. Keep thinking you're going to run out of words, but no. Well, my goal is, as I say, for my entire career at 658 to know that we did everything we could.

Y absolutely. We appreciate that. Yep. Thank you, sir. All right. Like I lost track where we were. Um item eight, citizens opportunity to address the council on general topic related topics related to city business or services. Reminder, no action may be taken on matters under this item. Um, we have one citizen signed up to speak. Um, Jill Hatfield has both of them. Okay.

Thank you for the opportunity to speak before you. Um, my name is Jill Hatfield. I live on College Street, uh, pretty much across from the new Amazon facility. Um, so I'm going to read this. While all of you have been celebrating the sale of the property on College Street to Amazon, I would like to make some comments. I'm wondering how you would feel if your home was directly across andor just down the street from this business. Well, that's me and several other homeowners. After selling my home in Colorado and renovating the home that we had used as a rental, renovate it for several thousands of dollars and a lot of work. Uh I find myself now having to deal with large noisy earthmoving machinery which starts at about 7:00 in the morning. And to that, we have trucks speeding by our houses, which will inevitably do even more damage to College Street, which is already in need of a repair. Our quiet neighborhood is quickly turning into an extremely noisy area and imposing an equally a busy amount of traffic. And our peaceful enjoyment of life will definitely be affected, disrupting our daily lives. So, I was wondering if it ever occurred to you to at least inform us homeowners of the coming chaos that we are now having and will be having for some time. And I'm sure that we would have had many questions about this. So, my question is this. What is already planned for the street widening from 15th Street to County Line and how will that affect the front yards of homes? Answer that or should we just get that the

I think we should take the questions and then we can we can answer those questions.

Second one is um I believe I've I've heard that west of 15th Street will be widened as well, which that is where I live. and how far into our yards will the street widening affect us? And then my third question is, do you know what is the status of the 180 unit apartment complex you approved last year for Beacon Apartments? Um, and when will that construction begin? Because this is going to generate even more construction equipment, road damage, noise, dust, you name it. So, if you're unable to answer these questions tonight, I'd like you to direct me to the person I can talk to or we can talk to to find out the answers so we can prepare for this. It's it's going to be a mess. And um I'm determining whether or not this area of Broken Arrow is going to continue being my home. And I'm sad about that because I like where I live. It's kind of a rural area. We have people with chickens. We have people with sheep. We have people with dogs and cats and and horses and I just want to know if you can tell me something.

Thank you. Um Curtis, are you able to or who needs to take Kenny? Actually, we got the questions and then what we'll do is there Mr. Schwab and I'll talk and then one of us will call her back and let her know and then we'll update the That's perfect. You have my phone number on that form. Yes, ma'am. Okay. I appreciate it. You'll give us a copy of their response. I have a copy of the questions if you want those. Would you like that? Sure. Okay. Thank you. And can we also be sure to uh address the

the the comment about um about us not telling them ahead of time because because we didn't know ahead of time because not item that come before council. Can we address that now or does that need to be addressed later? I think we can address I think I can have Rocky address that. I mean, actually, I think that'll probably be good to at least address that one. Yes. For everyone that's I've got that question a lot. Yes. Okay. Thank you. Thank you.

Good evening, Madame Mayor, Mr. Vice Mayor, members of council, city manager, Mr. Spurgeon. I'm Rocky Hinkle, community development director. Uh if memory serves me correctly, this piece of property was reszoned to industrial light back in 2020. So at that time there would have been public notices that would have went out to the citizens within a 300t radius and yellow signs would have been posted in the yard alerting them of the public hearing at the planning commission for them to speak in favor or in opposition of it. At that time uh it was approved and then moved to the governing body for approval. At that time again the citizens would have had an opportunity to address uh the governing body with their concerns or their favor for the project.

Do you know um at the planning commission did anyone um speak against it? I'd have to look at my notes, but I don't believe anyone spoke in favor or in opposition of the resoning. Um but that is why the citizens in this case the the property owner uh was able to develop this project site by right because it had already been zoned six years ago. Right. Thank you for that because a lot of people think that every sale of property in the city comes before the city council and does not necessarily come before city council if it's already owned the appropriate way it can be sold. Just like an individual can sell their home without coming to the city council. someone can sell their property without coming to the city council. Correct.

Can I ask the question? Mayor Rocky, would you explain what by right means? It means that the zoning is already in place for that piece of property. So, they have the right to develop that property under a use that fits that zoning. So, since the the it was zoned to Industrial Light back in 2020, the purchaser of the property intends on building this Amazon uh business, which is a use that fits the industrial light zoning district. Another follow-up question, Mayor. Yes.

So, if by right, they still have to submit plans, building plans, and they have to follow our codes with regard to building, but in terms of providing notification, that's it. They they have the right to do this. They submit their plans. we approve their plans and then they can move forward with the actual construction of the facility. You're 100% correct. So, they still have to go through our development process which means they have to meet our engineering design criteria, manuals, all storm water regulations, federal, state and uh federal our federal, state, local uh regulations as well before this project is accepted and they are able to move forward with construction and re at the end of it receive a certificate of occupancy just like every development like every development that goes through our process. Correct. Thank you.

Okay. I I just didn't want people to think that we weren't being transparent because there was nothing for us to present. Yeah. Yep. Unfort. All right. Thank you, Rocky. All right. Item nine is general council business. 9A, consideration, discussion, and possible action for approval of an authorization to award to the lowest responsible bidder, Builder Unlimited, Inc. authorization to execute a construction contract for the Kenosha sidewalk project. Travis,

good evening. Mayor, Vice Mayor, Council, City Manager, Travis Small, Engineering Construction Department. Happy to be here tonight to uh present the possible award of the Kenosha sidewalks project. Um, currently the uh sidewalks along Kenosha from approximately Sycamore to Narcissus have a gap in them. uh staff at at request of uh management above us uh looked at designing a project and we brought a a consultant on board to design a project and worked with the Union Pacific Railroad uh to put plans together to uh fill in that gap. Uh in early February, we advertised the the project for bid. Uh March 10th, we opened bids. We received four bids. The lowest responsible bidder was found to be uh Builder Unlimited with a bid of $324,239.76 and the engineers estimate for the project was $382,1840. Uh we do have uh 2018 bond sidewalk funds as well as street sales tax available to fund this project. And I'm happy to answer any questions you might have at this time. Any questions or discussion? I'm

I don't I'm just excited about this. This will really make it uh the walkability great connection between like Rama and Walmart. Like we that's where the gap is and um I only know that because about two or three years ago, I don't know how long ago, I actually walked that and I'm like we don't have a sidewalk here. So, it's been a long process. I know because the railroad takes a while. So, I'm so excited to finally be able to award this and I don't know if anyone else has any discussion, but I would move for approval. I'll second. All right. Roll call. Thank you, sir.

Item B, consideration, discussion, and possible approval of and authorization to execute and publish a notice of availability of the annual audit for fiscal year 2425. Cindy, good evening again. Um, the Oklahoma state statutes requires publication of a notice availability of the annual audit and this is just the requirement. This is will go in the newspaper just saying that's available and staff is recommending that the city council approve the notice availability. Wonderful. Thank you. Thank you. Any questions or so if someone wanted to see it, it would be like at our reception area and it's going to be online, too. Be online. Oh, okay.

All right. We have a motion. Second. Roll call. Item C, consideration, discussion, and possible approval of PUD2644-26 uh for Elijah Fields three, Rocky.

Good evening again, Madame Mayor. PUD 2644-2026 is a request for a major amendment to PUD 306 on approximately 53 acres generally located at the southeast corner of Tucson and Garnett Road. The property is partially developed as a single family residential subdivision. PUD 306 and BAZ 2050 were approved by city council on June 2nd, 2020. With this major amendment, the applicant originally requested three preliminary changes to PUD 306. One, to increase the maximum number of dwelling units allowed from 182 to 186. Two, allow for potential development of a two approximately 2acre commercial area at the hard corner of Tucson and Garnett Road. This amendment would only acknowledge the intent to develop the corner as commercial property and would still require a comprehensive plan change and reszoning change or other applications to allow for commercial zoning would be made at a future date. Three, require arterial sidewalks along Tucson adjacent to reser reserves area F and G and internal sidewalks will be provided as required and arterial sidewalks along the potential future commercial tract will be required when developed. In addition to this PED amendment, a sidewalk waiver will be required to modify the land subdivision code. During the planning commission meeting held February 26, 2026, one resident spoke in opposition to this item and planning staff read four emails of opposition into the record. The citizen that spoke in opposition opposed increasing the density from 182 homes to 186 homes. The submitted emails opposed the potential for future commercial development. Planning commission voted 3 to2 to approve the increase in maximum dwelling units. deny the acknowledgement of future commercial development at the hard corner and allow escrow for the sidewalks along Garnett Road in Tucant Street. An updated PUD document has been submitted by the applicant which removes the request for the commercial area and simplifies the language regarding sidewalks. With that, I'd be happy to answer any questions and a representative of the property owner is

here to address any questions you may have as well. Any questions or discussion? So, the the main concern was the increased number. Did you say it increased from 181 to 186? So the current or the current PUB allowed 182 homes. They were asking for an increase of four homes to 186 total homes. Okay. And the commercial piece had been removed. It was just identified as a future commercial area. It would still if it were approved, it would still have to go through a comprehensive plan change and resoning request change as well. Okay. Any other questions or

so right now it meets the comprehensive plan but if they change anything in the future it'll need to have a vote to change the comprehensive plan for the commercial component. Correct. So planning commission recommended to wave that piece in the PUD. So not even identify that in the PUD. So that means at a future date the property owner could come back and still go through the process of requesting a comprehensive plan change and a reasoning request to change it to commercial. Thank you, sir. Entertain a motion. I'll make a motion to approve.

Have a second. Roll call. Item D is consideration, discussion, and possible approval of the appointment or reappointment of a member to the board of adjustments. Rocky. Thank you again, Mayor Michelle Bergwall currently serves as a city of Broken Arrow board of adjustments. During a recent review of board attendance records, staff determined that Miss Bergwall's position had become vacant under the attendance attendance provisions of the city code. Legal and city management have since reviewed the matter and recommend that Miss Bergwall be appointed reappointed to continue serving in the same position for the balance of the current term. Staff recommends approval of the reappoint of Michelle Bergwall to the city of Broken Arrow for a term to expire. Seria Broken Arrow board of adjustments for a term to expire May 1st, 2028.

Did you just say because she hasn't been attending the meetings? Correct. So why would we reappoint her? Well, it's vice mayor's uh appointment and he has that option. Okay. Yeah, that's that was going to be my question. Oh, lots of questions. I don't know if I've got the answers. I know that that uh when this showed up is the first time I knew about it. Uh Michelle has been great to work with the city. She's been on several committees uh tiff committees uh working with us. She was a she is an architect or engineer one of the two working for the school system. So uh I don't know whether was there some reason that she gave when you visited with her.

She indicated that she couldn't make one of the last meetings because she was had was out of town and had a a trip scheduled for I don't know if it was work or personal but she was out of town. About how many times do they meet do you think a year because it's not regularly? two to four, but here lately we've had like three or four in the last couple months. So, okay. Which is un highly unusual, but yeah. Yeah. Okay. And she did realize that we're not pleased with missing the meetings. I made that known as well. Does she want to be reappointed? I asked her that and she said she does.

Yes. From the information that I've got too. So, you know, I I would like to see her on it, but she needs to be there at it uh at at the meeting. So, uh, I'd recommend that we go ahead and reappoint her and and we keep close monitoring of it and let us know if there was any change because she does add a lot of value. I think all the staff would agree that she does add value, but she does need to be there and we expect her to be there. So, I'd like to make a motion that we go ahead and reappoint her uh to the uh this position. Does she commit to trying to attend better? Yeah,

I know one she was out of town, but obviously there was more than one if I know we don't just put somebody off for missing one meeting. Yeah, she was aware of her absence when I spoke with her and she indicated that she was interested in being reappointed and that she would show up to future meetings.

All right. Well, I'll give it a shot. I'll make a motion that we reappoint her to the uh board of adjustment. Second. Roll call. Item E cons. Did I skip one? See how it goes. Yep. Okay. Thank you all. We'll watch it. Yeah. Item E, consideration, discussion, and possible modification to request to appear forms and guidelines for the city council meetings. Trevor.

Uh, thank you, mayor, vice mayor, council, and Mr. Spurgeon. Uh, the council last had updated our um request to appear before council forms and guidelines back in 2021. Uh, in addition, the city has adopted the standard code of parliamentary procedure by Alice Sturgis, which is the fourth edition to govern all the rules for our meeting. Those rules provide that the chairperson uh in this case for this body as the mayor has broad power and discretion to manage public meetings. Um these proposed guidelines that we have for your consideration this evening basically just make it very explicit and so folks who do sign up can understand in clear language uh what the powers of the mayor have uh in running the the meeting. Uh these include the power to interrupt or terminate public comment if it's necessary to main order uh efficiency or safety of the meeting. Uh the guidelines were also consolidated to have one that would apply to both city council and planning commission and our other boards. We did get feedback from Bob Gorson and we made the changes that he had requested to clarify uh some of the form questions that he had. Um and so the request of peer forms have been updated to reflect his new guidelines. And so I'm happy to answer any questions you might have about these requested changes.

Any questions? So, our forms really hasn't I mean our procedure hasn't really changed. We're just putting it in print. Is that what you're saying? Yes, ma'am. Okay. But, um I know the planning commissions have has changed some probably to mirror more of what ours looks like. City council. Okay. Okay. So, does it stipulate anywhere on there um whether or not it is a requirement to allow public comment?

It does not. That's at the discretion of this body. And so, uh, if you're making the guidelines, if you want to make the decision to have no public comment, you certainly have the power to do that. That's not a requirement under Oklahoma law at this point. There is legislation before the legis before the legislature in this session that does have some requirements and so that could change depending on what the legislature does. No,

I'm I'm not opposed to public comment. I just want people to understand, you know, I know sometimes people may get upset or bothered by um public comment or lack thereof public comment, but it is not a requirement. Um it's something we do out of, you know, transparency, our desire to hear from our citizens. But some folks think that it is a requirement that we have to listen to every person who comes before us as long as they want to be listened to. Even when that's everything's being repeated over and over and over again. Yes. Okay. Any further discussion?

I'll make a motion to accept it. Second. Roll call. All right. Item 10 is preview ordinances. 10 A. consideration, discussion, and possible preview of ordinance number 3905 amending chapter 7. Trevor, thank you, mayor. I know there's a lot of words. Be here all night

and this is the third time that we've presented this before the body. I think uh we've definitely done our due diligence in terms of getting public comment and presenting what the issues have been that the community has faced. As you may recall, uh, Chief Arnold initially had brought this to the city manager's attention who tasked me, the legal department to come up with some, uh, guidelines and additional restrictions that could address some of these issues. Specifically, I think we had some, um, 40 to 50 type incidents of, uh, short-term rentals that had unattended uh, juveniles uh, who have been intoxicated. Uh, lots of noise complaints. uh issues of being able to identify who owned the short-term rental, not being able to contact a local agent to address what some of these issues were. And I think there's been a thorough record that uh Chief Arnold had made at two of our different presentations. As you may recall, back on March the 3, we had a working session uh to discuss what some of these changes uh should be. Uh we got input from several owners of the short-term rentals and based upon your input and your guidance, we've taken another stab at reddrafting and are presenting it for your uh further consideration and also get any further direction or comment from you on if these are the changes that that you want to see going forward. Again, this is just a preview. It's not a final adoption. Um, just briefly since last time that we discussed this, some of the changes that we added were basically to add for formal definitions for the different types of the short-term rentals. Those were already in our zoning ordinance. We just pulled those definitions over so everybody understood what the regulatory scheme was for the different short-term rentals. Uh, there was also a training completion discount that we had provided. We just eliminated that. That seemed to be a consensus that that wasn't anything that was what was needed. Uh there was also a lot of discussion about having mandatory general liability insurance. We've removed that requirement uh from this proposal. Uh we also added clarifying

language that uh there was issues about um whether or not the hosting platform could remit applicable taxes and fees on the lences behalf. There was some question about whether or not we would allow that and we clarified that we would. Um, we also had uh issues from short-term rental owners about having the advertisements list and display the city license because they were concerned that it would show the unit and the actual address. And so we've removed we we listened to them and we removed that requirement under this updated uh proposed ordinance. Um, and then there was also a mandate that the specific license number be displayed on the listing itself. uh that was been removed to avoid disclosing the specific address. Uh we do retain the requirement that the license is needed to list on the platform but that can be done you know on the back end with the with the platforms just to let them know that hey you need to make sure that they do have a license for them to be on your uh your platform. We're just not going to require that that license be posted uh that shows the address. Um we also had a change uh to the agent uh change registration. So if there was a change of who the local responsible agent was, we wanted 10 days notification. We'd had requests from the businesses that that be extended to 30 calendar days and so we've made that change. Uh and also there was a a question about the effective date for the transition. Uh initially we had asked for 90 days. Uh we'd had some of the business community ask that it be one year for each uh renewal, meaning if they had a licensed premises that the new regulations wouldn't come to apply to them until one year after they had originally been permitted. The difficulty with that with u enforcing that is you have a running clock for multiple places and so community developments would be put in a position where they're trying to uh continually figure out okay well do these rules apply to this this uh

short-term rental or or not. And a simpler way to do that would be to extend that from 90 days to 180 days. And so that basically doubles the amount of time uh for compliance with the new regulations. Um, it also clarifies what the city's possible enforcement actions were. One of the big areas of conversation was how do we get people into the system? Uh, so the bad actors aren't just operating without licenses. And so there's several different options that we have. So obviously the first one is criminal enforcement. We clarify it's a class B misdemeanor misdemeanor punishable by fine not to exceed $1,000 andor imprisonment by more than 10 days. Uh we also have civil remedies and penalties under the zoning ordinance. And then also one of the primary issues that we had with enforcement was out of state uh owners that we were having difficulty getting jurisdiction and service of in our municipal criminal court. So one of the options that we have is actually go to civil district court and file an injunction and a cease and desist order. So the argument would be they're operating without a license improperly would go to a district court. we would be able to get service on them through the long arm civil service statutes and then they either if they don't respond then we can get a default judgment against them and then go and enforce that on the property. Um and then if they do obviously we now are you know in communication with them to get them uh licensed. Obviously any of these proposed changes um are at your discretion or your direction and if there's additional different changes that you would like to see made us know. We certainly will make those. Uh but that's the status of where we are now. And um going forward, we just like to get your feedback. Once we get it in a form uh that you're comfortable with, we'd recommend that we put it up for final adoption. I understand that there's I think three different members of the public who want to speak to this matter. So have you take questions at this time or if you want to hear from the public and then address those questions, we can certainly do it that

way. One of my concerns was us not being a quarter record and that it wouldn't have any meat in it. Sounds like you found kind of a workaround on that and maybe that should be another another for another work session is what is it going to take for us to be a court of record. I mean we're 130,000 population. It may be time for us to grow up and be a court of record, you know, at that point. I mean see what the benefits are or whatever. Um but I do appreciate your work on this and I would I look forward to hearing from our from the speakers if they don't have anything else. Okay. Thank you, Trevor. Thank you very All right, we do have three signed up to speak. Um, first one is Amanda Soul.

Hello. Hi. Hello.

Good evening, mayor and council members. My name is Amanda and I'm with the Space Place. We're one of the first short-term rental properties that was licensed in Broken Arrow and we've been operating since 2022. Thank you for the opportunity to speak tonight. We support the city's goal of protecting neighborhoods and addressing nuisance properties. Responsible short-term rental operators want the same thing you want. Quiet neighborhoods, local accountability, and meaningful consequences for bad actors. The Space Place is a family oriented space themed experience designed for families and children, not a party house. To the best of our knowledge, since operating in 2020 2022, we have had no guest police incidents and no large disorderly parties. That record is not luck. We've heavily invested in prevention. We require a twoight minimum stay. We clearly communicate our occupancy with limits, quiet hours, exterior cameras, and our use of technology that alerts us to possible noise or occupancy violations. We use a smart lock that tracks our activity, our door activity. We have a property manager who lives 5 minutes away. That's me and I lost my spot. We're also piloting AI based alerts to help identify suspicious door activity early. I also want to make one important point. Remote ownership is not the problem. Local accountability is the issue. Our owner is remote, but we have built the kind of local oversight the city is asking for. We have nearby management, active monitoring, and clear house rules and systems designed to prevent problems before neighbors or police are ever affected. My purpose tonight is to not oppose reasonable regulation. My purpose is to ask the city to clearly distinguish between licensed operators with a strong record of prevention and illegal or repeat problem properties. The operators who follow the rules bear the cost of licensing, monitoring, local management, and safety safeguards. Illegal operators do not. That allows

them to underpric the market and make it harder for the responsible hosts to survive while still maintaining the property and being good to their neighbors. Even with an above average occupancy rate, a unique guest experience, and strong guest reviews, we have operated at a net loss almost every month since 2022 that has made it extremely difficult to fund improvements on the home and the landscaping. When additional costs are imposed on compliant businesses while illegal operators remain active, the burden falls hardest on the people who have already who are already following the rules. We understand that no screening system is perfect. A bad guest can slip through anywhere. So we ask for rules that are firm but also fair and proportionate. Please reserve the strongest penalties for unlicensed operators, serious violations, and repeat problem properties. One bad actor should not end a responsible business overnight. But operators who knowingly continue illegal activity illegal activity after notice should face real consequences. We support strong enforcement against illegal operators, including plat platform cooperation, meaningful daily penalties, and other lawful tools that actually interrupt ongoing illegal operation rather than allowing fines to become just a cost of doing business. If stronger remedies such as leans or utility based enforcement are legally available, those tools should be aimed at operators who ignore notices and continue to operate outside the law. I'm almost finished. Promise. We want to continue being part of the solution. We want to operate responsibly, respond quickly, invest in safeguards, and be good to neighbors and broken arrow. Please give the city stronger tools to deal with the illegal operators while protecting licensed businesses with a clean record that are doing the best they can to operate responsibly. Thank you all for your time.

What was the name of your location again? The Space Place. We're off of Dallas Street. Thank you. I Before you go, sorry if I can just ask you. I I'm just getting clarification. I appreciate everything you said. I think that's what we're trying to do here. But are there is there something that you've heard that you're in disagreement with? Because I couldn't really No, sir. Honestly, I've just been given a new job role and responsibilities and I'm the face for space place. So, I'm here doing my job duties. So, you know, just clarifying. Yeah. I appreciate it. Thank you. I would agree with her. I really do feel like it's the people that aren't follow I mean that aren't licensed and stuff and that's who the whole reason we're doing what we're doing. Yep.

I agree with her. If I can't can in response to that that very eloquent uh statement

after the work session there were three items really the council members asked us to consider enforcement obviously was one of one of those three and we Trevor and I specifically spent a lot of time talking about what is the most effective way because it's really not about those that are in compliance but you have to have rules and regulation as as uh the the resident spoke about to deal with those people in anticipation that there are and I ask all the questions about the utilities and and other other opportunities and Trevor and I want him to expand upon this. We believe the best way to go about uh those that are not that refuse to register and those that can't stay in compliance with what what we have are some reasonable regulations. there has to be the proverbial consequences and what is the best way to go about it that protects the city and it protects those like we just heard that are doing things well. And so I'd like Trevor to address a situation about what would happen if somebody wasn't in compliance and how we go about trying to bring them in compliance and ultimately what tools we would use.

Uh thank you uh Mr. Spurgeon. So, as far as those that are in compliance and that are good citizens, good corporate citizens, um the city's not intending to bring a hammer uh down on those folks. There is a suspension ladder. So, there's escalating uh consequences uh in terms of, you know, it might be a short-term suspension if you have two or more verified complaints in a 12-month period. So, that might only be 30 days. But based upon everything that the speaker had said like that the type of business that has those type of rules and regulations, those are already the things that we're we're calling for. So they would easily be in compliance. So those who are not in the system, that's really who we're trying to deal with. And and those who are are not even licensed and then then they're just not doing anything that we want them to do. So one of the main uh tools that we would have this would be a new tool that we didn't have you know uh previously addressed because again when we go through the code enforcement process the issue that we had in municipal court was getting service and getting their attention and so what we could do is the first step would be to to write to send a cease and desist letter and so we would send that to the owner uh if they're LLC or a corporation and they're licensed with the secretary of state would have registered agent and so that we would be able to get good good process to them. If that gets ignored, the next step would be to get authorization from the council to file a district court action uh for a district court to file an injunction against the business at that property from operating in violation of our laws. And I believe that that that would be successful if we can outline and show the case. We would have to tell the story. We'd have to have sworn affidavit from our police officers, police reports, saying what is going on from community development in terms of them not being properly licensed, what our license requirements are, and that they should have an order that they can't operate until they come

into compliance. And then once we can secure that district court order, there'll be several things that we could do to enforce it. One of the things that we would ask is that we could basically uh board up and prevent access to that property uh to while if they're continuing to violate. Uh we specifically asked that as a remedy um you know in our from the court and so uh and then there's potentially other things that we could look at. At this point I don't recommend that maybe potentially utilities. Uh that's a little bit more of a severe and a heavier lift. It gets a lot more scrutiny by the courts. uh utilities are considered um a life safety uh type uh service, but being able to shut them down uh through a civil action, I think would get their attention. And and hopefully the the goal is when you send them a cease and desist letter and we tell them we will be filing an injunction if you don't comply. We're hoping that that would get, you know, the 80% or so of those who aren't in compliance to to get them into the system so that they can be good corporate uh citizens. Uh like the speaker, if

I can talk about the service even these are out of state and that that they just can't ignore the notice to have to come to court come to court, the service that the laws with regards providing service.

Sure. So in in in district court, civil district court, it's different than criminal court. you have uh what's called a long arm service statute for civil procedure that provides specific uh procedures on how to serve folks that are out of state uh if you need to get jurisdiction over them for operations within the state. And so essentially we would get a licensed um service agent, let's say if there's somebody that lives in Arkansas uh that's not in compliance, we would get a l Arkansas service agent and they they'd get them served. Um, if they are operating as a corporation, they're required to register their uh registered agent with the Oklahoma Secretary of State. That would be the easiest. Uh, we could just serve the Secretary of State or the registered agent. So, this gives us additional tools. Uh, makes it easier to reach out and touch someone.

I do have one question. Um, I've I've read through this and listening to this, but uh I I don't recall seeing what is going to be the procedure to say someone is operating outside the the conf confines of what we have here. But, uh, I know one of our regulations, you can't have x amount of short-term rentals within what is it 300 ft of another one. So if someone, you know, a good person has one, a good business has one, then someone's operating right next door within that 300 feet, um, we can't really just bring them into license because it's not permitted to be there. So what's the the recourse there? Does it be permanent shutdown?

The last time we handled or or addressed a situation similar to that was when we were going through the licensing of medical marijuana establishments. So, we had that situation where you'd have uh a a corporate citizen come and get licensed for a medical marijuana dispensary and then you'd have one that would be operating without that license and then the one without the license would come try to get licensed and we would deny the license. And because uh there's already one there that was in compliance and so at that point our our our stance historically had been you're not eligible for a license and you can't operate without a license. I think we've denied an Airbnb here because of the location was not it was too close to the other.

Yes, ma'am. So, in other words, Trevor, if somebody was operating illegally, they'd be going to get a cease and assist order. Correct. I want to follow up on the council members to be clear and then if they chose not to, then we would go through the remedies that you just basically explained. Yes, sir. Okay. I like Okay. Uh, next citizen is Jeremiah. I think it's Cosling. Yes. Sorry.

Good evening, mayor, vice mayor, council members, and uh, city manager. U, first off, I want to say thank you for giving me the opportunity to speak. My name is Jeremiah Coulsing and a little background about myself is that I have lived in Broken Arrow for 12 going on 13 years now and I managed several short-term rentals in Broken Air with my wife. All of the houses we manage for are for people local to Broken Arrow and a few are for missionaries um overseas that provide them a home when they return. Also, I want to thank the city council for making several adjustments to the ordinance like the removal of the $1 million commercial liability requirement and extending license requirement to 180 days. Um, the first two points that I want to make today come from uh from an ordinance shared from police chief Lance Arnold from the city of Plano, Texas. So, Plano has a safe harbor policy. Um, currently as it stands, the Broken Arrow proposed ordinance relies on an automatic rigid suspension ladder that suspends a license for 30 days after two verified police observations or complaints within a 12-month period and for 90 days after three incidents. Um, this strict system creates a perverse incentive. If an owner or an LRA proactively calls the police to report an incident, there they will actually receive a documented strike against their license, which would be a penalty. Furthermore, the current language around a complaint brings to question if a neighbor complains twice about minor infractions if it will result in a suspended license. So, in contrast, Plano's safe harbor policy offers a common sense policy that allows the city to disregard a nuisance incident if the LRA immediately reports the incident to law enforcement and fully cooperates with the investigation. So, Safe Harbor encourages owners to partner with police who are victims of deceptive guests and ensures permitted operators remain an asset to Broken Arrow's law enforcement

efforts rather than fearing for their business. The second measure I want to propose is incentive based fees, also from Plano's ordinance. Another way to encourage responsible management is to adopt Plano's article 24, which offers a 33% reduced annual renewal fee for owners who operate for 12 months without a nuisance or serious incident. Um, rather than blanket penalties or suspensions, I would encourage the council to adopt a reward-based structure that encourages compliance and the continued compliance. Um, the third measure I would like to propose would be to encourage or is is about the hotel motel tax. And I want to encourage the city to to consider or reconsider the addition of a hotel motel tax on um short-term rentals. Something the city council may not be aware of is is that in late October 2025, Airbnb shifted the fee structure entirely to the owner. The change reduced revenue anywhere from 15 to 16% if the owner was unknowing and average property revenues are down anywhere from 5 to 10%. So adding a hotel tax may break the camel's back for many property owners due to decreased margins and ultimately reduce available lodging for tourism and and harming city tax revenue. Um, by adopting these common sense policies, we can focus on city's enforcement efforts on the true bad actors while allowing responsible permitted operators to safely thrive and support Broken Arrows growing tourism. Thank you again for your time and your dedication to our community and for allowing me to share my perspective with you.

Thank you, Trevor. on his point about the safe harbor. Um would he made a great point about if if you find out that there's something going on and you contact the police that's different than if

so the way the ordinance is currently written is it requires a verified police observation. And so that's defined specifically as a report by a responding peace officer that's supported by bodywn camera photographs, decel readings, or other contemporaneous documentation that establishes that there was an enumerated nuisance behavior that had occurred uh at the at the at the location. Those enumerated nuisance behaviors are public intoxication, possession and consumption of alcohol by a minor, smoking of marijuana uh in public places in violation of law, contributing to delinquency of a minor, disturbing the peace disorderly conduct, fighting in public, parking violations. So those are those are the actions that would be considered enumerated nuisance behaviors. So

but if they took place and the the owner is calling us because they're taking place and they want them out and taken care of, they get penalized. Currently, there is no exception on who calls it in. So, to his point, if you wanted to add a safe harbor provision to encourage self-reporting, we could certainly entertain that. We could look at Plano's ordinance and we could incorporate that in there if you would like. Okay? Because I would hate for the owner who sees an issue and reports it to be penalized instead. I mean, the person who just allows it, I can they need to be penalized, not the one that in my opinion.

I think that' probably be similar to like our um safe hotels. Um because I know the hotels are when they self-report, they don't get deemed, you know, when the police come. So, I'd be definitely open to that safe safe harbor if the owner were able to call and not a neighbor calling in. Um because I think that still solves our problem where you know it's not it's not affecting the neighbor. and we did have a very good conversation on the phone and I appreciate that and I did um explain to him about the hotel motel tax that all of that goes back into bring in tourism and um so that was something that you weren't totally aware of and so I think we had a good conversation with that but definitely I would be open to that safe harbor looking into that and then what was the second what was the middle issue

um the incentive based fees basically offering like a reduction in the annual fee for anyone who hasn't had any sort of and what is the fee now uh I'd have defer to Rocky. Look at our I believe it's 500 500. Yeah. Annual for the license. I don't know it offh hand, but I have to look it up. He knows he pays. Yeah. He's like it's 500 $500. Is that something the council would like for us to come back with a recommendation? I mean that you know if that's an incentive, but it doesn't sound like to me we're having problems with the people that are following the rules. The problem is the ones that aren't complying already. How would we structure that with our schedule of fees? It's going to be a sliding scale. Yeah, it would be a problem.

I think we'd have to look at the research and see other communities and how they've done it and then come back with the recommendation and then that you're you're correct, council. They would be in the manual fees because then community development would would actually uh implement those fees if they meet the criteria. But if that's something that um council is interested in, I think it's worth actually bringing you back a recommendation to consider. And my only other um question about the uh the safe harbor um is there a limit to you know how many times the homeowner can call the police and like I oxen free I called so this one doesn't count. Now, I'm not not saying in a negative way or you would do it, but I mean

like you're booking the party people. Yeah. I mean, I'm not saying that that you guys the responsible people would, but I can see some people be like, I'll rent whoever I want to as long as I call the police and no harm, no foul. You know, you have to think about those things. Unfortunately, you do, right? I think the idea was that um it would be that they would have to comply with an investigation and then also show that they were taking reasonable measures to prevent it from happening and that it was just Yeah. And if it was every weekend, there would Exactly. It should be like an exception. So, so we need to include that in the language. Definitely things to look consider. Definitely things to look into for sure. Okay. Awesome. Thank you, sir. Okay. All right. Thank you. Thank you. All right.

So, I say I'm still holding for firm on the hotel motel tax just to make that a record. Jessica Paige.

Hi. Hi. Hi. Hey, thank you all so much for your service. Really, like we would not have the city that we do if it weren't for you all. So, with all my heart, thank you very, very much.

Um, okay. So, I moved here at the end of 24. I bought a house brand new all by myself. I was so excited. Anyway, and I love my home. Um, but I bought it intentionally thinking, you know, I might one day move on up in the world a little bit and get a bigger one with pool in the backyard. And then if I do, then I want to use that as an Airbnb because I bought off of 81st Street and while I have a huge backyard and I love my house, I did not look at an aerial map and it's like being at NASCAR. I'm not I'm not putting money in my backyard, you know. So, um I just want to make clear that first of all, how can I get a copy of the ordinance? That's one question I have. And then um sorry, I'm looking here. Oh, yeah. I just wanted to say that it was the proximity of the amphitheater that you know it's it's great for somebody who wants to have an Airbnb over where I am. So is there and there was another question that somebody asked and I wrote it down but I can't remember. So I just need a copy of that ordinance and um am I understanding that there is definitely going to be a tax hotel tax on Airbnbs or is there already?

Right now some of some of them are already charging the the hotel motel tax. some of the um brands or whatever the Airbnbs, but I don't that's what I'm pushing for cuz I'm on the tourism board and 100% of that money goes back into bringing people to our city which will bring more people to Airbnbs and the hotels. So, it's like free marketing, but I'm only one vote. I mean, there's five of us, so yeah, sure. Okay, that was all I just wanted to find out where to find an ordinance. And just to let you know, you know, there are some little widows like me. I'm not really a widow, but you know, and this idea of being able to make some money off of my investment would be great. So, so you'd like a copy of which ordinance, ma'am? The ordinance on the Airbnb,

everything. Is it just all proposed right now? Well, there's one currently in place. Yes, there is one in place and the city clerk, if you wait till the meeting's over, the city clerk can take your information and we can get you a copy on it. Awesome. Okay. Thank you. Okay. Okay. We can send you one. Okay. I appreciate it. I wanted to come because there are some in my neighborhood are like totally against this and I'm not one of them obviously. So, okay. Thank you so much. Wonderful. Thank you, Mayor. I want to let you know Rocky did have the the the dollar amount. It's uh $515 for a renewal fee.

15 515. You've been shorting us. $15. Just kidding. Just kidding. Okay. All right. Any other further discussion? Oh, it's just set for preview. So, let me ask council this. Obviously, there's I think there's some additional work to be done. Would you want to move forward with what you have now or have us come back do some additional research and bring some recommendations so you can have one comprehensive ordinance? Yeah, I think one one comprehensive ordinance. Then I would just make a motion to recommend staff to further review the items we discussed this evening and come back with the recommendation recommendations at the earliest possible uh opportunity.

So moved. what he said. What he said. I'll second what he said. Roll call. And I I actually just looked up the space place. Really cool. Thank you. Yeah, we worked really hard on it.

Yeah, very cool. Um, all right. Number or item 11 is ordinances 11 A, consideration, discussion, and possible adoption of ordinance number 3907 amending chapter 21, streets and sidewalks. Trevor. Uh thank you mayor. We previewed this ordinance uh one well like the last council. Basically what this ordinance does is make it unlawful to discharge deposit spill or allow to escape or track concrete slurry water wash or other construction materials onto and or into the city's ride ofway or storm water system. Um, we've learned that this has become uh more of an issue with more construction in the city and there some of the trucks are not properly securing their loads. And so this ordinance gives us the tools that we need to address those and hold uh violators accountable uh so we can help clean up our our our streets and storm water and our our roads.

Thank you. Kind of surprised we didn't already have that. I thought that was already that's not already a law. We currently uh prohibit um not properly securing loads, but this specifically addresss uh the concrete and the slurry and the wash outs. Okay. Motion to approve. Second. Roll call. Item B is the emergency clause. Move for the emergency clause. Second.

That comes up. All right, remarks and inquiries by governing body members. Well, we all just got back from uh DC. It was kind of a cool time to be in DC. I feel like Yeah, barely. We barely made it there and we barely made it back. I don't know if anyone's traveled lately, but it's not fun. Um, but it was kind of a cool time to be in DC because one of our Broken Arrow residents became our Secretary of Homeland Security, which is really cool. And so we were there during

uh his confirmation uh committee hearing, which was a little rough to watch, but um but yeah, so that was kind of a neat time to be be in DC. And there's a lot going on in our state as far as our congressman and our senator and so lots of movement going on. And so, um, meeting with each of our legislators on the hill, you can tell they're all kind of where are we going, what are we doing, is staff coming and going and everything. So, but it was another great conference. So, anyone else?

Yes, I had a uh a comment followup to earlier comments and uh I had uh as a vice mayor, one of my jobs is to go to the Incog if the mayor isn't able to go. So, uh, last month she wasn't able to go and she sent me in her place. That was good. I always enjoyed being on in incog. What I run into though was first of all, I want to really compliment again the staff. You know, I've been on a council now for 44 years in the planning commission, and I've been through a lot of elections, and I have never seen a staff together work as hard as this staff has in this bond election. It's just uh it really makes me as happy as as it of of it passing,

you know, to see so many people working together. In so doing, when I went to the meeting, one of the some of the people I was sitting next to were representatives from Tulsa and they were complimenting the city of Broken Era because they have been following it. They've never seen a transparency of that magnitude in any type of bond issue and they learned a lot from the bond issue. that I gave the credit I know I should have given it to all of you, but I gave the credit to the city manager uh because he's been such a leader in the years that he's been here, but I was just taken back about they all knew exactly about a bond issue and what they were the transparency. So, I was just really impressed. So, staff, thank you very much. You've really impressed me and and I know the whole council and uh especially the city manager. I appreciate it.

Appreciate it. Anyone else? I would just like to add the Broken Arrow Youth City Council went as well and represented Broken Arrow very well. Be very proud of that. And also it's it's a lot of work and for our chaperons that went Lori Hill and Michael, you know, big kudos to them as well. Yes, absolutely. and the vice mayor takes our seniors to Arlington Cemetery because he was an old guard there and what a priceless experience that is for our seniors um to have that juror with you sir and so for um all right city manager

I do mayor I have four things first off I want to thank Mrs. Hatfield for questions and we'll get we'll get back with you with the with the answers to your questions. And secondly, just to notify the council that the uh fiscal year 2027 budget process has started. Uh this week is actually budget week and next week as well as we begin to finalize the recommendation that we'll be submitting to you later this spring for your consideration. Secondly, I'd like to recognize Cindy Arnold and the finance team for the results of the audit. Obviously, it's very clear that once again, uh we've met all the standards and expectations uh that we should as a community with regard to our finances and and the the the uh the accounting. And so, thank you, Cindy. I really appreciate all that you and your team do very much.

Uh Cindy will be here eight years next month. And so time flies just very proud of all that that she has done and her entire team.

Also, I wanted to mention that as a part of the the the amphitheater partnership we have with Wagner County, there were some there was there was some um agreement was made that for a period of time they would they would share the their portion of their sales tax when the amphitheater eventually opens up. And in return, the council agreed to actually do some improvements on 209th south of 101st and also that we were going to do work on Evans Road from Highway 51 to 101st. And the street department director, Tim Wilson, informed me today at the at the library that essentially the work is completed. They were doing the striping on 209th when I went out there this uh late this morning. and his team is wrapping up on Evans. And so I've already seen some post of folks very appreciative of the work that's been completed. So if you're out that way, check out both of those roads. Those are previously county roads that uh the city accepted as a part of the uh the partnership we have with Widner County for the amphitheater. And so I want to recognize Tim and Zach for all the hard work and in getting those done, which at this particular time in terms of work for the amphitheater. The only thing uh that's left for the city to complete is actually tying 43rd Street, which is east of Rosewood, tying that road together. As the council knows, we built the road uh just short of the but the railroad and we're we're waiting to get the final approval from the railroad and also to to finalize negotiations for the ride ofway between the two property owners on the other side of the tracks which according to Charlie Bride is going very well and hopefully we'll wrap that up and then once that's wrapped up and we define where the road's going to go and we work out those issues then the rideway uh is is done then we can actually start the work on the other side. Then the railroad will coordinate with them to

completing that. I don't believe that it's going to be done before the the first concert later this fall just because the timing which means we'll be using Gary Street as the ingress egress for a short period of time until such such time as we complete that road. But it's been amazing to see everything that we've done and I just wanted to mention hard work of our our folks to do those two roads which benefit the entire part of of of that part of Wagner County and Broken Arrow. So that's all I have here.

I think I forgot to mention we've got a fire station number eight groundbreaking coming up next Monday. So very cool for the city. All right. We do have an executive session. So entertain a motion to go into a brief recess. So move second. Yes. Green. Yes. Yes. Parks. Yes. Yes. Call the Broken Air Municipal Authority meeting to order. Roll call. Pickle here. Green here. Ford here. Park here.

Wimpy here. Are there any items to be removed from the consent agenda? Make a motion we approve the consent agenda. Second. Sorry. There are no public hearings, appeals, presentation, recognitions, or awards. No general councelor Green, we still need your vote. Consent. I'm working over here. No general authority business. Uh remarks from governing body members. Oh, Arbor Day. Yeah. Plant a tree tomorrow. We're planting trees tomorrow. Yes. It's gonna be 90 degrees. It's gonna be great.

Be great. It's gonna be great. Uh remarks by city manager. I have no, Madam Chair. Okay. Uh there is no executive session. Motion to adjurnn. So moved. Second. Roll call. All right. Brook economic development authority to order.

Pickle here. Green here. Ford here. Parks here. Wimpy here. Are there any items to be removed from the consent agenda? Make a motion to approve the consent agenda as it stands. Second. Roll call. I would I would like to make one comment. It's not it's doesn't it's not relative in terms of your decision, but I wanted to mention on item number D if I can real quick. I was thinking about pulling that off. So, I'm glad you're I'm glad you're saying that. Yeah.

So, just for uh the council or the authority is that obviously in 2023 the the voters overwhelmingly approved the renewal of the franchise with PSO for electricity. And as a part of that that included increasing the uh franchise fee by 1% to be dedicated for economic development. This one of the first applications that we had and the way the the process works is that any anytime there's a request that has to come before the council andor the authority and so they requested some assistance with uh actually unexpected uh work that need to be done in in regards to the OMG line that's that's um underneath Elm Place. And so they requested the funding and then determined that it wasn't necessary. And so actually I wanted to be just clear transparent is that actually what was approved. Now basically we're just closing this out.

So they didn't need the money after all. I had that twice. I'm like what? They didn't need the money. Yeah, that was good. That was good. All right. Item six is general authority business. Item A is consideration discussion of economic development briefing sheets for the first quarter of calendar 2026. Travis Stevens. Excuse me. Councelor Parks, we need your vote on that consent agenda. I decided yes. Got it. Pondering. Hi sir.

Good evening chair, trustees, city manager. Great to be before you tonight. My first economic update. So I'm I'm honored to have this opportunity. uh and join this discussion with you guys and happy to answer any questions you may have. Like I said, this is our first update. I want to just kind of give you a little context on what we're calling these briefing sheets and how we got here. Uh Christy Mlan from the TED team, she joined TED actually today was her sixmonth anniversary. Um so kudos to her. I joined TED about 3 weeks after her. And one of the things we quickly discovered as we were onboarding and acclimating uh to our new roles were these economic development agreements and how vast and complicated they were and pretty intimidating actually when you kind of start reading through them. And so as we tried to wrap our hands and heads around these things um I think and I'll give all the credit to Christy. She's done most the leg work on these. We came up with the idea of of these summary sheets and it was really to help us and and organize it to where we could quickly understand if we want to go back and find something get through these amendments and then at the previous council meeting Justin Green councelor Green said hey I'd like an economic update where where our updates and so we said hey we've got these excellent briefing sheets we just put together for ourselves we can share these with city council and and the trustees of beta as well. So, uh, keep in mind this is our prototype, our first run at these. So, happy to take feedback, anything you feel needs to be added or included in these. More than welcome to incorporate these um, moving forward. So, just real quickly to go through the structure. I don't know if you guys have access to these on your screen, but or have had a chance to read through them. So, this is just the reader digest version of these EDAs. Uh, a who, what, when, why, how, quick reference guide. So quickly at the

at the top you see parties. So it's just who's involved, who's the developer, obviously the city's a partner in these as well. The key dates and deadlines that we need to know, are the developers sticking to them? Um what are they what's on the horizon? And just the numbers as you read through an EDA, it it could be 20 pages and a lot of text and those numbers just kind of jump off the page at you. So we thought, oh, this would be a great great thing to to summarize. City obligations, developer obligations, who's doing what, who's accountable for for for when things are supposed to take place, the clawbacks and default mechanisms, what happens if they don't live up to their end of the bargain, and then the summary, which is really just a catchall of anything we wanted to include, um, as well. So, as we dig in, Hackberry Market, um, if you'll if you'll realize or as a reference, it's south of the Creek Turnpike just off Aspen. If you drive out there today, you see a big dirt field with some parking lot paved uh, and a big sign that reads future site for Home Depot. Uh, Hobby Lobby is part of that as well. As you just kind of read through the the summary, you'll notice that it is a tiff district. Um you'll see the all the numbers there, how much square feet is required, the the total investment of the project. Um and I will just kind of as far as an update of I think what everybody really wants to know as far as timelines. Um Hobby Lobby has mandated to the developer that they be up and running before the Christmas season this year and Home Depot should be shortly right right behind them as far as a uh open date. Um there are a bit of moving targets, so we don't have the exact um dates yet, but I'm sure those will be coming out shortly. Next, we have Adams Creek. This is just east of Lowe's on Hillside Drive. If you've driven out there, the thing that people keep remarking is how quickly uh this is going vertical and how the quickly the walls are going up. Their completion deadline, if you look at that, is not

until May 31st, 2027. Um they haven't told us this, but just looking at it looks like they're going to be way ahead of that that timeline. Uh city obligation, this is a sales tax rebate um tiff as well. Um so the great thing about this structure, one one thing just real quickly on these EDAs and and what's helpful for these summary sheets is no EDAs are alike. Everyone is unique and different. And so we feel like this is a really helpful way to just kind of recognize that as well. Um, this project is also ahead of schedule. Uh, as far as any any updated news, we have been told that a restaurant is pending on one of the out parcels and the developers really excited about, but they haven't told us which restaurant that is yet. They just said it was it was a big one that the community will really appreciate. So, we're excited to hear hear what that will be shortly. Next, Aspen Ridge. That's the research development just off north of the Creek Turnpike. Again, off Aspen. Um, a lot of activity out there. As you drive, if you drive out there, uh, a lot of dirt being moved. So, Freddy's, uh, the foundation I think was poured last week. You can see that coming out of the ground. 168 unit apartments. Uh, if you look behind Research, you see mounds of dirt and lots of heavy equipment being moved for that project. Uh, they just finished a 4unit commercial building that's, um, will soon be ready for occupancy. sign for a car wash will be coming out of the ground pretty pretty soon. Um and then the developer has indicated to us that they are in talks with three different restaurants that they only have room for one I believe, but um they're zeroing in on on who that's going to be as well on Pete Development right across the street on Aspen just to the west. Um a lot going out on out there. I will tell you the uh uh the goal out there was a couple new restaurants and to recruit a mid-tier hotel. Um progress so far, as you guys

probably are aware, if you've seen, you've obvious seen a McDonald's out there. You can see the building. It's it's it's going to be coming online soon. Seven Brew is in the development stages just south of McDonald's. And then a credit union just south of that. Uh also the foundation has been poured. If you if you go out there and look as well, uh there is a um just kind of one thing to have on everyone's radar is when you look at clawbacks in that section. Uh they were obligated to to have a national full service restaurant, sitown restaurant by June 30th of 2025. They have they've obviously exceeded that. So that just triggers if we so choose, the city could buy that property back, turn around, work with a different developer in hopes to get to that restaurant. The best case scenario for us is to hopefully that this developer will finally come through and and get that restaurant. Otherwise, it's just more time. It's working with another developer. Um, but I do believe we're we're probably getting pretty close to that that window as far as allowing that developer to continue that. So, that may be a a clawback that we we utilize here pretty soon. Shops at Aspen Creek. Uh, this is immediately east of the Warren Theater. This is really the only uh EDA that's that's still kind of in the pre-development or pending stage. Um the rub on that is they the developer has been communicating to us. They have several let's call them just second tier box retail uh retailers that are ready to go with letters of intent, but it's all pending on a on a big anchor tenant that everybody's uh basically the the other retailers have said if they come, we're coming. And and so we have been told by the developer for probably about six weeks that this company they have a committee. It goes through several levels of of approval. It's on that last whatever their highest committee is to approve this site. Um it was supposed to happen a couple times. It keeps getting delayed. The developer has assured us

that it is happening this week and that we should know something this week. Um knock on wood. So uh the last one I apologize there was a duplication. Tiger Crossing or next to last one directly across the street from Broken Arrow High School to the north. Uh if you drive out there, you see a lot of dirt moving as well. This is uh a much smaller uh just let's call it a nonpower center, but um seven pad sites. No reports on what type of business is coming in, but these are going to be more your your your doughnut shops, sandwich shop, insurance agent kind of kind of office space. Uh and then lastly, we have Creek 51, which is the industrial park. Um there's three three businesses operating now. A couple lots have been sold and a couple more are still out there. Uh the EDC continues to steer industrial projects there as well as as Aerrow Forge. Um so that's what we have to show if any any large manufacturer wants to come to town. That's our that's what we have to offer. So, um, with that, happy to take any questions, um, or feedback on what you guys would like to see in the future on these updates. So,

yeah, I think the this layout is great. It gives you quick information that is readily Yeah. easily to appreciate that. Thank you on that. I'm sure we can all say we we all get questions all the time. When's this coming? How how far is that going? Did they get this? Are they doing that? So, this does help. I appreciate you guys taking the time to put this together for us. Um, I did have one question over on Peak. I was driving by there today and I noticed they have u their McDonald's sign up. They have one of the really tall ones. I was like, I didn't know that we couldn't remember if we allowed those or what the guidelines were on that. So, I'm going have to defer to Yeah. A sister department. So, Rock

or brother or brother I knew I knew that was coming. I have four girls so I knew. So when we go through the development process, we do review they have to submit for a sign permit and that's one of the the review processes and it does meet our sign code based on the type of sign they wanted to install. Okay. And because it's the reason for that is is because it's location near to the turnpike. So that way people driving the turnpike can see it. If you put a lower mounted sign, it wouldn't be visible from the turnpike and people I think we had an issue with one across the street they had to redo. Fantastic. We may need to remind the one that's being a little slow that we are the number one best place to live in the state and the 12th in the nation. He better pick it up.

Exactly. Someone else is going to scoop in. Mayor, if I may. Yes. So, I I wanted to talk to Travis and I'm glad to have James and Amber here. is it's with this matters with regard to the uh entrance signage for Araforge. So, a couple of years ago, council talked about we shared some some uh renderings and gave an approval essentially. I'm going to bring that back to the council this spring and just reaffirm council's support of that of what was talked about

because now it's time to actually finalize and move forward because we're we're essentially just about finished with with uh the basic infrastructure that we we council authorized year and a half or so ago. And so I just want to make sure everybody is still comfortable with that design. and I think it looked amazing, but we were talking about moving forward and I said, I just want to since it's been a while, uh, I want to bring it back to council. So, I'm going to work with with Amber and James and Travis to bring that back to you at some point just to just to to reconfirm council's desire to move forward. Okay. Thank you, sir. All right. All right. Thank you very much. All right. Remarks and uh by governing body members,

city manager. Uh, Madam Chair, I just want to mention is I we had our community partners meeting today and and James announced that uh they'll be moving to their to their their uh new office space uh later this week and that they'll be operating operating next month. And so I'm very excited that uh uh they found a great place. a lot of work has gone into it and very happy for them that they're moving and and uh I just can't tell you how much I appreciate him and Amber and their entire team and all that they do, you know, in our partnership and and also their thank my thankfulness for their help with uh with the bond package and not only being a partner to us but also taking the initiative to communicate with their memberships the importance of the public education piece. And so I just want to say thank you to you James to you and your team.

It's exciting to move but it's a mess. So, we'll be thinking about you. That will create additional space for the school district. And the superintendent and the president of the school board talked about the need for space uh today at the meeting. And so, obviously, they probably already have dibs on where everything's going, but it's really really needed administratively. And so, this is this is good for for both for both of our partners. Okay, we have no executive session. Motion to adjurnn. Second. I'll make a motion to clear the room.