City Council - Regular Meeting

Call the Broken Arrow City Council meeting to order. We have invocation by Pastor Root.

Well, thank you, Mayor and City Council and everyone here gathered. If you allow me, I'd like to read a scripture first out of the book of Jeremiah 29, 7. Seek the peace and the prosperity of the city to which I've carried you. Pray to the Lord for it, because if it prospers, you too will prosper. Our Heavenly Father, we are grateful tonight that we can conduct the business of our city under the leadership and the guidance of your Holy Spirit. I pray tonight for all of our city officials that you would grant them wisdom and discernment in all the matters in which they must decide. Lord, your word says that when we lack wisdom to ask of you, for you shall give it. I do pray for unity, a spirit of unity, not necessarily the agreement of thoughts or ideas, but the agreement of the heart. I pray that not only for our city leaders, but also for our city and all those that work in it, live in it, and do business in it. I also pray for the common good of our city, that each and every one of our citizens will prosper as you would bring blessing upon them. And finally, Lord, I ask that you would enable all of our officials to have the grace that they need, the endowment of your power to do what they do. And may they have a spirit of peace upon them. For if they are at peace, I believe our city can be at peace. We ask for your presence and for the Holy Spirit's power to be here tonight. We ask in Jesus' name. Amen.

Thank you, sir.

Roll call.

Pickle. Here. Green. Here. Ford. Here. Parks. Here. Wimpey.

Here. Please stand and join Vice Mayor Parks for the Pledge of Allegiance.

Salute. Pledge.

I pledge allegiance to the flag of the United States of America.

Thank you, sir. I have items Y and AE. Are there any other items to be removed from the consent agenda?

I'll make a motion that we approve the consent agenda minus items Y and AE.

Second. Roll call.

All right. Item Y is approval of an authorization to execute procurement contract with Contact Engineering Solutions for a bridge.

Good evening, Mayor, Vice Mayor, Council Members, Mr. Spurgeon. This item before you tonight is the acquisition of a pedestrian bridge going through the Wolf Creek Park. As some of you may have known from complaints that we've received and everything else, we had a bridge about a little over a year ago that we had to shut down inside the park that we own. we shut it down because of Hakey Creek was eroding the basis of the bridge and we deemed it wasn't safe anymore. Um, eventually thinking the structure itself would fail, um, due to the supports that were in the channel bed, um, through the design process, we tried to evaluate whether we were going to keep the existing bridge and just fix the abutments underneath. Um, and we determined the bridge was so old and age that since we're going to get in there and be changing out all the sports, we might as well go and replace the bridge as well. This particular item is unique because typically we do a design-bid-build process, but we don't usually procure stuff ourselves. We usually have it go through the contractor. But in this particular situation, a bridge was already built that fit the parameters of what we needed, and so we could save a few months of procurement time and get a little bit cheaper by buying a bridge that already existed. So this is a purchase agreement to purchase the bridge, and then we'll come back with a contractor later to put it in place. Happy to answer any questions you guys have.

Thank you. I appreciate that. I saw it on consent and I just didn't know... where we were buying this bridge from, if we had oceanfront property to go with it or what. So it's like, oh, at least we should hear about this bridge.

Absolutely. So it's an 80-foot pedestrian bridge that goes through the park. As a kid that grew up in that neighborhood and actually played in that park a lot, I can tell you that that's the shortest path for half of the neighborhood to get to the school system. And so it is a big deal for the people that live there because that's their shortcut to get to school every day for the kids that have to walk.

Fantastic.

Thank you.

Thanks for clarifying that.

Thank you. All right. I'll make a motion to approve item Y on consent agenda.

I'll second that motion.

Okay.

I don't know if we have to do both before you motioned.

Item AE is approval of an authorization to publish a legal notice of annexation.

So if I may, the reason I asked for this item to be pulled as I was reading it, in the first part of that item, it said the date it was coming to council was going to be on October 8th, and the second paragraph said it was going to be on October 6th. So I wanted to get some clarification on that, so we were putting out accurate and true, transparent information for those who wanted to come. I didn't want them to show up on the wrong date and not be able to get the information.

Yes. And that is correct. The correct date is going to be October 6th. We had a Scrivener's error in our 2026 planning calendar, so I apologize for that error. I think with the correction, or you guys acknowledging the correction, we can still go with that notice and that specific date.

Okay, perfect. We do have a citizen that wants to speak on behalf of this item. Christopher Cochran?

Cochran.

Cochran. I was not even close, so sorry.

Oh, it is, it is. Thank you again for a chance to speak. I am actually here to contest the publishing of the annexation as it's written. And this might be a technicality, but to me it's a major concern. On August 18th, when we first talked about this, I asked what zoning was this property and how would it come across. And it was clarified that it was zoned as AG and it would come across as AG. Everything else would be subject to later meetings and later discussions. And I know this is not a zoning meeting, but let me continue. Can you bring up that item, please, and the map associated with it, AE? And may I use a laser to point at the area that?

It's going to be on the road.

Not this one, the one that has color on it. I think it's two others. Oh, you brought your own laser. It is this item, but it's just a different attachment. It might be the comprehensive. Yes, this is it. Perfect. And if you could shrink this down to where it shows the bottom, the explanation. There we go. Can you shrink it in general? I know I'm asking a lot. Thank you for your patience. Okay, if not, we can make it work. Oh, perfect. Okay, that's good. Nope, too much. So the area we're talking about is this area. We all know that. The area above it has an LUIS designation of level one. I'm not familiar with LUIS. I mean, you guys are. I've researched what I could. The area below it is also LUIS level one, and that's what this legend explains.

Can we convince you to point that way because we can't see what you're pointing at. Okay. The property above the area for it.

Okay. Ah.

Above the area to be annexed is LUIS level one. The property below it is LUIS level one.

This is listed as LUIS level two.

And that's my concern, because according to LUIS level two, in the Broken Arrow Comprehensive Plan, table 4.1, the only level that's authorized for agriculture, for AG, is level one. Level two is designated for future, what I assume is future zoning. So I'm being told it's coming across as AG, but this is designating it as a tentative future level, which is a concern. I am asking and actually insisting that this attachment be revised and corrected to where that says level one, as with the adjoining properties as appropriate to your comprehensive plan for agriculture before it is published. If you publish this as written, it gives the appearance or suggestion that the annexation is being tailored toward the developer. We know that Forest Ridge and what they want to do. We get that. But we were told one step at a time, and the first step is just the annexation. Am I done? Oh. Yes. So I'm asking that it be corrected before it proceeds. The only authorized LUIS level for ag is level one, and that needs to be corrected to level one before it's published for annexation.

Okay. Can Kenny or Rebecca, can you address that?

which is the future development. Whenever we annex property in, we automatically bring it in as agricultural property, and then the rezoning would be a next step in another application. So this is just reflecting what we have for the comprehensive plan, which does show that area is slated for level two, which is urban residential. However, all annexations are brought in as agricultural with the rezoning being a separate next step.

And that's exactly what I'm asking is that this be aligned to just agriculture and then a downstream zoning meeting discuss how the property will be reutilized or proposed. Because right now it conflicts with your own city documents. The city document says agriculture is level one only. And that's table 4.1 in the Broken Arrow Comprehensive Plan. I think this conflicts with that.

And this gives the appearance that- Sir, if you direct your comments to the chair. Okay, I'm sorry.

So I think that's exactly what she was saying, though, is that because of the annexation, it will come in as agriculture. That's what she's saying.

Although you're going to publish something that says it's intended for residential. This is what that says. This says it is for residential zoning. If you read your own Bocanero documents, table 4.1, the only approved, that's a salient word, the only approved LUIS code for agriculture is level 1.

But it's not coming in approved. There will be a later rezoning of rezoning requests of the property. Right, but you're bringing it in.

So there's no rezoning approved in this. It's bringing it in as if you're suggesting that it's going to be this way. Anybody who reads this and doesn't privy to this conversation is going to say, oh, that's coming in as residential. And it's coming in as... It can't.

Yeah, it's coming in as agriculture.

It cannot come in as residential. It has to come in agriculture. Right, that's what it's coming in as. It's the only item on this table that lists agriculture. The only one is level one.

It will come in as agricultural if it's approved.

If it's approved. Well, you're announcing it as level two. This document says that. And that conflicts with your own guidelines. And I'm just asking that it be corrected before you proceed with publication.

Respectfully, Mayor, that's not necessary. I think it accurately reflects what the comprehensive plan is. I think that staff has explained that. And so it's not currently zoned anything because it's not within the city. And so I don't believe that that would be necessary. But, again, I would defer to planning staff on that.

We're not changing the comprehensive plan on it. It's not part of this.

No, sir.

So it's still the comp plan is the Lewis. It's a two. That's what it was in the comp plan.

It's a publication side if we're actually going to annex it.

Right. I realize that. I'm just saying the Lewis plan is a comp plan.

It just looks like it's the cart before the horse. I was surprised to see this. I'm not familiar with the LUIS, but I was surprised to see it carry a designation for what appears to be a future usage instead of it coming across as just agriculture. This is a sensitive point with our community at Cambridge. And we respect the different steps and the zoning meetings that will occur subsequently. It's just, this just seems putting the cart before the horse.

I don't see us changing the comp plan. We're not changing the comp plan. The comp plan is level two. Is that correct?

That's correct. And we do try to include a case map and a comprehensive plan map with every application. So you can see the property as it is today and then what it's slated for in the comprehensive plan.

So the level two is part of the comp plan. All of that has an overlay of a comp plan. So, you know, that's not being changed tonight.

Okay.

It's not on the agenda to be changed. But anything that would fit underneath that level two would fit underneath that, and the residential would fit underneath that.

Okay. Like I said, it's just a concern that when you look at the designation for the whole time, it's misleading.

Right. Maybe so. But the comp plan is what's level two. And it's probably it was made by the citizens years ago and probably because there's a turnpike right beside it. It would be a higher density than the level one.

I know that's what Forest Ridge wants. Thank you. We're concerned about that, but I just want to express this and ask your help in my own assessment correcting it.

Well, it's not part of the agenda. We're not discussing it. We're not changing the level on the comp plan on it as far as I can see on here. Okay.

Even though the comp plan doesn't acknowledge its use in agriculture zoning.

I would note on the case map, if we can go back to that, it does have the tract as agricultural.

That is correct. It is correct on that attachment. That case map does show it as AG. It's just, to me, it's a conflict when you show it as AG, but then you have it as a level two, which is not authorized for AG.

Okay, sir. Thank you so much. We understand. Thank you. Do you have a motion?

Yes, I'll make a motion that we approve item AE with the corrected amended dates to be published correctly.

Second.

Thank you. Item seven is public hearings, appeals, presentations, recognitions, and awards. seven, eight, it's a presentation of a citation of recognition signed by the mayor and presented to the youth on guard Memorial foundation.

So are you both ladies speaking? Are you are all four of you coming up?

So they're going to give a presentation on the youth on guard and I'm extremely excited to have them here. I've been supporting this organization. I think maybe since. Civil Air Patrol kind of took it on, right? So I'm just going to let you know that I've known Bailey since she was a toddler, and I'm just so proud of her. I'm sure she's super excited that I shared that. So you ladies take it away, and then I'll do the recognitions at the end.

Thank you, ma'am. We would just like to start by introducing us. If you don't already know us, my name is Ashley Johnson. I'm the co-executive director of the Youth on Guard Memorial Foundation.

And I'm Bailey Lunsford. I am the other co-executive director of the foundation. And we also have with us Lonnie Chandler and Piper Watkins.

Lonnie and Piper have both been on our team as both sentinels and sergeants.

There's a clicker right there for mute.

Oh, yeah. I was like, do we have to click? Do we have control? There we go. Thank you. We would like to start by talking about what we are reenacting. So we reenact the Tomb of the Unknown Soldier and the changing of guard that occurs within. The Tomb of the Unknown Soldier is a tomb that represents all unknown soldiers of America that have died and we do not know their identities. And the Tomb of the Unknown Soldier was established in 1921, and it helps honor those people. Lots of people would think, why do we honor people we don't know? Because they served us and they gave the ultimate sacrifice, not only their lives, but their identities. Selection for the Tomb Guards is very rigorous and precise, and they go through a very long training program, longer than we do. The mission of the Guard of Honor, the Tomb of the Unknown Soldier, they are responsible for maintaining the highest standards and traditions of the United States Army. and they also keep a consistent vigil at this nation's shrine.

Just continue. So a little bit about us and our history. In 1994, the local chapter of the military order of the Purple Heart approached a local youth program, Civil Air Patrol Squadron, and they asked if they could put on a reenactment of the tomb guard, or changing of the guard. and the cadets flew out to Arlington to see if that was possible. They put together a reenactment and brought it back here to Broken Arrow at Floral Haven Cemetery, and we've been continuing the program ever since. In the years since, the reenactment has been refined and improved upon in multiple ways, so it does look a little bit different through the years, but overall it has the same goal and the same mission. Our mission is to remember, honor, and heal. The first is to remember those who paid the ultimate sacrifice and gave their lives for our freedoms. The second is to honor that sacrifice and to teach the next generation what that sacrifice means. And the last is to provide a place of healing for those that maybe are not able to make it to Arlington National Cemetery. So we provide a local place where they can come and pay their respects and hopefully give them just a little bit of healing in the process.

So the process of guarding the tomb is very precise and you'll notice that I will say a certain number. What they do is when they get on the track, they will face down the track and march 21 steps. When they get to the end, they will turn, wait 21 seconds, turn again, change their rifle from one shoulder to the other, representing protection of the tomb, and they will wait 21 more seconds. After this 21 seconds, they will march 21 steps again. and repeat the process. The reason why we repeat this 21 so often is in reference to the 21 gun salute, which is the highest military honor. So for our program during Memorial Day weekend, the change in the guard happens every 30 minutes during the day and every hour during the night. The ceremony consists of several different aspects of it, starting with when they first walk in, they do an inspection of the rifle for the incoming sentinel. It's not just for show, we actually do inspect it, make sure there's no dust, grime that is operating properly, and they are ready to go out onto the track. After the rifle inspection, they do an inspection of their uniform. So they make sure everything is in its place where it should be, no lint, anything like that before they walk onto the track. They will then pass their orders. So from the incoming Sentinel to the outgoing, they pass the orders of what they need to do and then they assume the position of the other.

I do want to take a second just to talk a little bit about the training, because as you may have noticed, we mention a lot of precision and things that need to happen in a specific order, and that takes a lot of work. Our training is approximately five months long from the beginning of January through the end of May, and it's over 140 hours that the Sentinels put in with us and then more time at home. It takes a lot of work. It takes a lot of building fitness, building strength, being able to learn how to move the rifle precisely and how to work as a team. And that includes like nonverbal communication and being able to really trust the people that you're working with.

Each training season, we begin with something we call zero day. Basically, it's a day to assess how everybody is going to start the season as. So we kind of gauge each person, see how they need to be taught, because everybody learns differently. And there's a very rigorous thing that they have to go through. So we do a lot of physical training. We start the beginning aspects of the rifle training, marching, things like that. You can see a little bit of pictures from our zero days in the past. So after zero day, Bailey pointed on this a little bit, our trainings are twice a week for three hours, and then every month we do a Saturday training. Each of those Saturday trainings are just to help us kind of, we do a lot of our evaluations on those, as well as character development, team building, and things like that. Sometimes we add in leadership as well.

Here you go. All of the hard work that the Sentinels put in allows us to give the reenactment to the community. So we really appreciate everything that they do and the work that they put into it and the community for hosting us. I do want to note that every Sentinel does have their own reason for participating in the program. And sometimes that looks different for why they continue to participate in the program. For me specifically, I joined my first year walking the mat was back in 2017. And I didn't really know much about the program other than it was cool, right? It was something difficult. It seemed like it was going to be rewarding. And then when you're actually on the mat and you walk and you see the lives that you're touching and impacting, whether it's 2 a.m. and there's a veteran there, the only person, and they're watching, and you just get to know that you're doing something good for them is really amazing.

Yeah. My why has two parts, but I will make them short. To begin, a lot of the trainees come in not knowing what we're talking about, saying that they're going to figure out their why. Because like Bailey said, they just come in. It is a really fun thing. You make friends. It's a challenge. But as you get closer to time, that realization starts to play. So one of my whys is actually when I first was a trainee, I just did it for funsies. I thought it was cool. But when I went out on that mat, I was 13 years old and barely fit the uniform. And you have to stand still and look professional and do your reenactment. And it was the middle of the night. It was like 2 a.m. And a man came out there and just sat and watched. And every time the ceremony happened, he stood up and saluted the entire time. And... After ceremonies, we go and talk to the crowd, even if it's just one person. And we thank them and tell them about our ceremony. And he didn't say more words than just thank you and shook my hand. And it just clicked. I was like, oh, this is why. My second part is having a why through my trainees that I teach. I've taught for years now. My first time marching was in 2017. well as Bailey and but after that we started training people very quickly and seeing each of them go from this is fun to wow this is amazing and I'm I know why I'm doing this now I love seeing that realization and being able to help them find that journey

If you guys are interested in participating, whether volunteering with us or helping with needs that we have, you can find more information on youthonguard.org. And then we do also have our applications open now. If you know any teenagers ages 12 to 20 who would be interested in participating, they can also find more information on youthonguard.org.

And I'll just add real quick. So you guys do this every Memorial Day weekend. You start on Saturday after the Floral Haven Field of Remembrance ceremony. And you go until 4 o'clock on Monday on Memorial Day weekend?

Yes, ma'am.

Okay. On Memorial Day, rather. Yes. And they do it 24-7, rain or shine. Going in the middle of that early morning time or in the middle of the night and just hearing the clicking of the The tags on the poles is very moving and very humbling. And just the stillness of the night and just hearing the clicking of the dog tags is pretty incredible. And watching these sentinels, these cadets that are out there and what they've given of their time. And like you said, they're 13 years old. What was the youngest, 12, that you had on that?

We had 12, yeah.

My granddaughter's 12. I'm not sure that she could. Bless her heart. You know, I mean. I'm not sure that she could maintain the level of dignity and respect that you guys have. I shouldn't say that she couldn't. I'm sure she could. Just kidding. She could. But it's very impressive. And both of you leading it is quite impressive as well. And I'm very proud of both of you. One of the reasons why I wanted to do this presentation is because I'm almost positive most people aren't even aware that our city puts on this reenactment of the unknown soldier. And as far as Arlington goes, our vice mayor here served as an old guard at Arlington. So he's very familiar with guarding of the tomb. And then Counselor Ford and I and our spouses were able to have a really great honor and lay a wreath at Arlington at the tomb. And it was probably one of the top five, I think, of my experiences. And then you guys allow me to lay a wreath at the tomb each year too, which is also very special.

So I'll also add that her aunt is our new Broken Arrow neighbor executive director.

So that's just a bonus item. I do have a certificate of recognitions for you all. And so I'm going to read this and then we'll come down and we'll all take a picture with you all.

I was going to make a comment before you do that too. We also want to thank the mayor. The mayor has been very supportive of you all and of the... military itself. I've always said this. I was drafted the month after I graduated from OSU. We need to draft the mayor. She is all Army, I'll tell you, because she is really backing. But it's really, I really appreciate it. I make four or five trips a year to Arlington. I was a casket bearer there. And to see our young people showing the compassion and and the sacrifice it's made. When I talk to our youth, I don't call it Arlington Cemetery. It's a memorial. It's a memorial to all of our veterans who have fought and died, you know, in action. So I really appreciate it from the bottom of my heart. Do you have any idea how much the tomb weighs, the original tomb?

The original tomb in Arlington?

In Arlington.

A lot. You want to guess? It's...

How much does it weigh? You can miss it. It's OK. You wouldn't expect it to weigh.

We've got a guess of 80 tons.

72. OK. 72 tons. So 80 is close.

It's pure marble. Seven pieces. It is. It is. Our replica does not weigh that much. I know that.

Thank you very much for your service here. Thank you.

Thank you, sir. Thank you. Yes.

Anyone else?

What was that? I noticed the apply now application is due by December 12th.

Youth on Guard dot org.

I was saying, what was that website? I can't. Yeah. It's at the bottom. It's at the bottom. Youth on Guard dot org. OK.

Youth on Guard dot org.

I think my favorite time to go watch them is like at 2, 3 o'clock in the morning, for sure. Yeah. It's a whole different experience. It is a whole different experience. It truly is. Yeah.

You know, the Tim Guard's responsible for the whole cemetery at Arlington.

I also have a surprise for you guys after this recognition. Okay, so citation of recognition presented to the Youth on Guard Memorial Foundation. Whereas each Memorial Day weekend at Floral Haven Memorial Gardens here in our city, the Youth on Guard Memorial Foundation keeps a continuous reenactment of the Watch Memorial at a replica tomb of the unknown soldier, that those who gave their lives in defense of our nation may be remembered, and whereas the youth sentinels of the foundation give their time and their training to keep the post with the position and bearing it is due, that the men and women of our United States Armed Forces, known and unknown, may be honored, and whereas the watch gives veterans, Gold Star families, and our wider community, a place to gather, to grieve, to give thanks, and to teach the next generation what that day means, that those who carry the weight of service and loss may begin to heal. Now, therefore, I, Mayor Deborah Wempe, Mayor of the City of Broken Arrow, Oklahoma, on behalf of a grateful community, do hereby commend and recognize the Youth on Guard Memorial Foundation's for its mission to remember, honor, and heal, for the watch it keeps on our city, and for the example its young sentinels set in service, in discipline, and in the dignity owed to those who gave all. And witness whereof I hereunto set my hand and cause the seal of the city of Broken Arrow to affix this first day of September of 2026. Thank you. The original is coming in the mail, so I will get that to you. But Senator Lankford sent you all a certificate of special Senate recognition, and it's presented to the Youth on Guard Memorial Foundation in recognition of your exceptional selfless service to our community. He also wrote you a letter. Dear Sentinels, I want to extend heartfelt appreciation for the meaningful work you carry out each Memorial Day weekend at Floral Haven Memorial Gardens. Your commitment to maintaining a continuous reenactment of the replica tomb of the unknown soldier embodies a profound respect for the men and women who gave their lives in service to our nation. Your Sentinels demonstrate exceptional discipline, training, and dedication. Through their precise and dignified watch, they honor heroes of our United States Armed Forces. Their example reflects the values we hope to see instilled in every generation, respect, service, gratitude, and remembrance. The space you create each year allows veterans, Gold Star families, and members of the broader community to gather, reflect, grieve, and teach younger generations the true meaning of Memorial Day. Please accept my profound gratitude for the tradition you uphold and the service you provide to the people of Oklahoma. Your dedication strengthens our community and ensures that those who gave all are never forgotten. In God we trust, Senator Lankford.

So, you guys want to come up?

What were we looking at first?

Let's go to Norma. Okay, Norma.

Gotcha. Thank you.

I appreciate you. Thank you.

I'll add also, Bailey serves at the 138th Fighter Wing. So we had to wait till she was home from her travels. So thank you, ladies, for joining us today and allowing us to share what amazing work you guys are doing in our community. All right. Item B, update on Northeastern State University activities. Dr. Hanley, you get to follow that.

Thank you very much, Madam Mayor, Vice Mayor, Mr. Spurgeon, and all the members of the City Council. The last time I came in front of you was before we were able to open up our Broken Arrow campus to first and second year courses. And I believe I was asking for your support for our efforts in Oklahoma City, which Sometimes in life, the dog catches the car, and this was one of those situations, and we were able to get a law changed that folks had been trying to change for 30-some-odd years, and we were able to do it. Well, it's had a big impact. So I want to give you a quick update of a few things happening at Northeastern State University.

I'm going to figure this out here. Is there a trick to this? Yeah.

Yeah, next slide. OK, next slide. Anytime I can put my family up on the screen, I do it. Next slide, please. OK, our beautiful Broken Arrow Campus, if you've not had a chance to go there or visit it, you need to. It's a fantastic facility. Next slide, please. And also Senate Bill 701. I mentioned that just a moment ago. It has very much, it has begun the process of transforming this campus. And so we, just about a year ago, just a little bit longer than a year ago, the governor signed a new law that would open up the campus for first and second year courses. And then starting in January, we started teaching those first and second year courses. But because that's in the midst, the middle of an academic year, we saw an increase in enrollment, but we didn't know what to expect for a fall enrollment, when students more traditionally enroll. Next slide, please. So a few highlights. Let's hit this. So Northeastern State University is up 4.8% in overall enrollment growth. This means we are now in the midst of our fourth year in a row. of enrollment growth. The period that preceded that, the 15 years, the enrollment of Northeastern State University had gone down every year. So we've reversed that. We also are experiencing 30% growth in our overall freshman number. I believe, as best I can tell, that's the largest increase in freshmen in the history of Northeastern State University. We're also 5% up in transfer students, which we always do very well in transfer students. And we, hold on to your hats, we are up over 19% in our Broken Arrow enrollment. This is because of the law being changed, because of your efforts and the efforts of so many people here in Broken Arrow, folks at Northeastern State University and in the community that wanted to see that law changed. We were able to do it and we're seeing the results of it today. We're also up 2% growth in our Tahlequah campus. There were some folks in Tahlequah that thought, well, if we open up the Broken Arrow campus, that will come at the direct expense of enrollment in Tahlequah. The data does not show that. We are up 2% in our Tahlequah campus, eight semesters in a row of growth. And this is the thing that just came out today. We are ranked seventh in the nation of all universities in social mobility by an outlet called Washington Monthly that ranks social mobility. If you're not familiar with social mobility, it's the way the federal government measures the success or the effectiveness of a university. A student that comes in from a financially disadvantaged background, maybe they're a minority student, a tribal student, a first generation college student, these are folks that are at risk of not succeeding within a university. But those folks that can go all the way through to graduation and go on to a higher paying career, That's called social mobility. The federal government measures that for universities across the United States. We are number seven among all universities. So we're really proud of that. Next slide, please. We've also added new sports. I'm oftentimes asked, well, how do you do this enrollment growth? Well, it's an ecosystem of effort is really what it is. But one of the things that we've done is we've added three new sports that just started this last fall. men's and women's wrestling, and women's volleyball. Now, the slide that you see before you is just, it's a screenshot of the rosters of these different, the reason that those pictures are up there is because there are students listed there that are from Broken Arrow, that are on every one of those teams that I just mentioned. So we're really proud of what we've been able to do, getting students from Broken Arrow, from the greater Tulsa metropolitan area to stay in this area, to come to Northeastern State University, get an education so they don't leave. We don't want them to leave, go off to somewhere else, maybe get a degree in engineering, some other university, and once they leave, the odds of them coming back go way down. So we feel like we're doing our part. Next slide, please. So NSU, just a couple of final thoughts here. NSU is that we are one of the top universities in the entire state for students who stay in the state of Oklahoma after they graduate. 96% of our graduates stay in the state of Oklahoma. That means we are an economic engine in the economy in the state and in the region. And in fact, recently we conducted an economic impact study for Northeastern State University, and it found that in 2024 that we had just about a billion dollar of annual economic input. That includes a billion dollars in both Tahlequah, Broken Arrow, and in Muskogee, and also in the entire region. So we're really proud of that. Next slide, please. Okay, so just a couple of things to round out my update. We... We mentioned the economic impact, but if you tally that to what it means to the investment that we receive from taxpayer dollars, that means that for every dollar that we receive, we put $13.49 back into the economy. So we're really proud of what we do at Northeastern State University. Next slide, please. OK, so one of the things I am thrilled to death, I've had a chance to tour the new amphitheater. If you haven't had a chance to tour it, it is the bomb. It's fantastic. I can't wait to see shows there. And I'm just hoping my favorite artists will get there. But what we've done is that Northeastern State University has signed an agreement to be the exclusive higher education sponsor of the new amphitheater. So when you go to a concert, you're going to see Northeastern State University advertisements. You'll be able to see our flags flying on the lampposts and all that sort of thing. And we also have a final agreement in place to bring the graduation ceremony of our Broken Arrow campus back to Broken Arrow, and it will be held at the Amphitheater. So we are thrilled beyond all belief for that. Anyway, again, I can't wait to see my favorite artist there. That's really what I'm excited about. Next slide, please. And so that concludes my quick update. I know you're on a tight schedule, so I just wanted to get in front of you. Our census number for the university was solidified this last Friday. So the numbers I showed you were hot off the press. So thank you, everybody.

Fantastic update.

All right.

So item eight is citizens' opportunity to address the council on general topics related to city business or services. No action may be taken on matters under this item. We do have some citizens signed up to speak on this item. Brayden Rowland.

Hi. I just had, excuse me, one quick question. So the Oklahoma Constitution that we wrote in 1907, it's the supreme law of the land, right? Would you guys agree? We're just going to be listening. Okay, so you're not going to be amenable?

Well, under item eight, we can't. Okay. Yeah. Okay. We just hear what you have to share with us.

Okay. So I was talking with one of my neighbors a couple days ago, and they received a letter from you guys talking about requesting them to submit their property to you guys. What did they call it? Essentially giving it to you. So I'm just curious how that's judicial in nature because it's administrative because you guys are using due process of law to take people's property and not due process or you're using due process to take people's property. which requires a notice and a hearing, but you're not giving due process of law, which requires a whole lot more. So I just wanted to read this quick excerpt from Pung versus Isabella County. This is Justice Clarence Thomas. He said, in my view, this is the point of the takings clause, which is referring to eminent domain, which necessarily prioritizes homeowners' property rights over the government's interest in efficiency and public necessity. William Blackstone, who was one of the founders of the Constitution, a lot of his intellect went into writing the Constitution. Both federal and all of those principles flow down into each state constitution. He says, William Blackstone wrote that the law of the land postpones even public necessity to the sacred and inviolable right of private property. Whatever utilitarian desire the state may have for a tax collecting system that effectively confiscates citizens' homes based on small tax debts, citizens such as the Pungs have an antecedent and higher right to these homes. So the people that you guys are asking to donate their property, they have a right to those homes before you guys have an interest in eminent domain or taking that property for public use. So that's going to require a jury to determine if that property can be taken. That can't be just a notice and a hearing to take their property. So if you guys do use a notice and a hearing and don't give them a judicial determination to take their property, that makes you guys personally liable because that's a private act. This is Trump versus United States in 2024. They talk about preclusive and conclusive duties that are required of the, well, I mean, in this case, it'd be councilmen, but any government official. So from the president down to the dog catcher, there's a distinction between what is an official act and what is an unofficial act. So if you guys do things that are contrary to the Constitution of Oklahoma, which I would highly recommend you go read it, it's going to have a lot to say about people's property, about you guys' role. Article 2, Section 1 is going to say that all people, other people have all political power. Oh, is that it?

That's it.

Okay, thank you.

Thank you, sir.

Can I ask one question?

Yeah.

Can you give us just a little context of... What property are you talking about? You referred to your neighbor, but I don't know who your neighbors are.

I'm sorry, I don't know where you live. That's fine. Because, I mean, this is a general thing, right?

Yeah, we can have you submit it, and that way we would have it on record.

Well, I mean, this is going to affect anybody's property, regardless of where they're at.

We send them letters.

This was specifically about widening a road and taking the first 30 feet and asking that citizen to donate that 30 feet. So they have a right to that property before you guys have a right to eminent domain, either by purchase, which a jury has to determine. I understand that part.

I just didn't know where you were talking about. You didn't give us that context. You said my neighbor.

It kind of doesn't matter, Justin, because this is private property, right? If it's my property or anybody that lives here. We're good.

Thank you so much. Sorry, it's Councilor Green.

Yes.

Okay. Thank you. He's my servant.

He's not your servant, but thank you. Chuck Rowland.

Oklahoma Constitution Article 2 Section 1 says that all political power is inherent in the people and that government is instituted for their protection, security, benefit, and to promote their general welfare. Virginia Constitution puts it this way. All power is vested in and consequently derived from the people that magistrates are their trustees and servants and at all times amenable to them. Amenable means, Black's Law 4, page 106, subject to answer to the law, accountable, responsible, and liable for punishment. Just want to put it on the record.

Thank you. Thank you so much. Alan Jackson.

STARTED. THANK YOU. MY NAME IS ALLEN JACKSON. I'D LIKE TO ADDRESS THE BROKEN ARROW CITY COUNCIL MEETING, THE NAME OF IT, THAT WE HAVE THE RIGHT TO PEACEABLY ASSEMBLE THE PEOPLE IN THE OKLAHOMA CONSTITUTION, THE RIGHT TO PEACEABLY ASSEMBLE. SO TECHNICALLY THIS IS AN ASSEMBLY. SO I'D LIKE TO THANK YOU FOR PARTICIPATING IN THE PEOPLE'S ASSEMBLY. THE OKLAHOMA CONSTITUTION, ARTICLE 2, SECTION 3, The people have the right to peaceably assemble for their own good, to apply those vested with powers of government for redress of grievance, petition, address, and remonstrance. You may ask, why are we bringing this information to the people? It's very simple. I ask people because I teach a constitution class, a federal constitution, but I also bring in the state constitutions because they're so important. Actually, the 13 colonies had their constitutions anywhere from 1777, 76 on. But the question I ask is, how do you preserve the blessings of liberty for ourselves and our posterity? And it's out of the Virginia state constitution. Also, it's actually in 11 state constitutions. A frequent recurrence to fundamental principles and the broad possible diffusion of knowledge. So that's the purpose of it, and especially because September 17th, we have Constitution Day to commemorate our Constitution, our federal. But so many people don't realize there's only 19 things that are done in the federal. The rest is all at the state. And the state constitutions are so important. For example, the First Amendment has five things in it. But in Oklahoma's constitution and many other states, each one has their own. The right to peaceably assemble. So the term and the reason we can use it, I call the first 13 colonies because I kicked the king off the property because we had the right to life, liberty, and property. The term common right, the term applied to rights, privileges, immunity pertaining to the enjoying of all citizens equal and common, which have their foundation in the common law of Black's Fifth. And then also, this is something I like to use in Pennsylvania's Constitution, because at the very end of Article 4, all power originates, inherits, and inherit in the people, constantly deriving from the people. Therefore, the officers of government And then their trustees, servants, I have to abbreviate because of my time, are all times accountable to them. And then also in Article 3, it talks about that we have the right to inherit, right to govern the internal police of the same. And that government ought to be instituted for the common benefit and protection. So I think we need to highlight the fact that we have the right to peaceably assemble. People are assembling to instruct people to bring correction, to bring remonstrance, so that we all work together because as agents, magistrates, and servants, when you do the will of the people, you have protection. You have your right and authority, and you're not doing unofficial acts. Thank you.

Thank you, Mr. Jackson.

All right. Item 9, General Counsel Business 9A, Consideration, Discussion, and Possible Approval of Three names for three separate spaces within this new South Broken Arrow Library. Chief Moore.

Well, good evening. Mayor, Vice Mayor, City Council Members, Mr. Spurgeon, thank you for the opportunity to be here. I'm Jeremy Moore, the Fire Chief, as you mentioned, but tonight I'm talking about our ongoing partnership and relationship we have with the City of Broken Arrow and the Tulsa City-County Library System. uh i would like to take a minute and say thank you to mr spurgeon for allowing me to be involved in this bond project that was successful in april proposition 7 was passed and it's been very very enlightening to me to be involved in such a great initiative so thank you sir but because of our ongoing relationship the library has reached out to the city and asked if we would be interested in naming three spaces within the new library that's going to be built there at New Orleans and Chestnut. The three spaces for our consideration to name are the maker space, the children's outdoor play area, and an educational classroom. And so we brought this before you tonight to think, is there a significant place? Is there a significant person? Is there a group? Is there something that we would like to name those spaces within the new library that will be known to provide some significance for years and years to come? So we've provided a few ideas, but the floor is really yours to offer any suggestions that you guys would have in naming those spaces.

It was a really great list. There were some that I wasn't aware of on there, like going way back. Anyone have any additional? And are we deciding that tonight?

The library would like to know sooner than later. But they're going to have a groundbreaking next month. And I think they would like to have that in place by then. So ideally, if we come to consensus or actually an agreement tonight, that'd be terrific. We'll notify the library.

Well, the self-culture club I thought was interesting because they're the ones who raise the money and stuff. I just don't know how good of a name that would really be for the library.

Yeah.

But I did think, is it Finny Lou Owenby? Finny Lou. Yeah. I love that as one of the choices because, for one, she was our first female mayor, Oklahoma's first female mayor.

Yep.

Plus, she was part of the self-culture club that raised the money for, I think, like 20 years. They had bake sales and all the things to purchase. And then she's the one who also addressed city council to then purchase the library. So I feel like she would be a very strong person that I would like to see.

She was also the sixth female mayor in the United States, if you can imagine, in 1931.

So that's a lot of history in that one person, for sure. And one name I don't see on here that was one of mine. I don't think I saw her on here. Actually, I guess I didn't see this attachment. I did my own little research. So was Jan Collins, Jan Simmons Collins, actually, which she is a BA graduate, an educator, a reading, she was a reading specialist, and she authored a lot of children's books. Did you know that? She is a local historian. She actually published seven books, children's books. And then she also co-authored Meet the Centennials. So I thought she may be a good person for maybe the children's area. So those would be my kind of, I'm not, but there are some good people on here too.

Personally, I like the idea of honoring Vice Mayor Parks. He is one of our longest-serving city elected officials, I will say. He was appointed to council the year I was born, I believe. 1978, good year, good year. Yes. Wow. A lot of good things happened in 78. He got on council. I came into the world. I mean...

I was in third grade. I was six.

Wow. My goodness, Johnny. We really do love you, Johnny. But he has committed a lot of service to our community and to our nation as a veteran as well. So that was one of the names that stood out to me.

And he was an educator and a teacher. And he spent some time in jail, but not in a bad way. Not in a bad way. I just thought I would say that before he said that.

It was just 10 years.

Just 10 years. And I agree with you, Councilor Green. that you have given so many years to the city, Johnny, and still without a paycheck, you still give to this city so much that I think that's also a great suggestion for sure.

I don't know what to say, other than I know Jan. Well, but we need three.

There's three. We have three people that we can name. Yes, Councilor Peckle?

Yeah, so the notes that I had made for myself on this one, and I really appreciate Councilor Ford talking about Jan Collins because I think Jan would be excellent for the educational and homeschool rooms since she was so much a part of education in Broken Arrow. And then for the children's outdoor play place, you know when we look at that i think of the impact that someone has made in broken arrow and the extent that they've had that impact and i think councilor parks would be great for that and then for the maker space You know, that was the third one. And when I think about the Makerspace, I think about, you know, the creativity, the strategy, the focus, the forward thinking that you have to have in order to, you know, look to the future for Broken Arrow. So that's kind of, you know, that creativeness and that forward thinking. And I go to Farhad on that one for the Makerspace.

I love that idea. Do you have a thought, Mayor? Well, I was along the same lines as Councillor Ford there with Johnny in recognizing your service to our community, as well as Feeney Lou. I'm a little biased since I'm the second female mayor in the history of Broken Arrow. And I love your idea. So my third idea doesn't really matter at this point, so... We always lean towards, obviously, Ernest Childers and Dr. Oliver, which are amazing, outstanding citizens of our community. And thankfully, we do have a lot of things named after them to recognize their service as well. What's our consensus?

Mr. Spurgeon, do you have any thoughts?

I do. Cheer them, sir. I think at some point Farhad Darogan needs to be recognized and honored for his service to the community. I think current vice mayor, council member Johnny Parks needs to be recognized. You know, to me, if you were going to name the municipal service building, I think it should be named after Johnny Parks. Quite frankly, no one will ever put in as much official service to this community as Johnny Parks will. Jan Collins is an amazing human being. And Several of these, Jeremy came up with, and I want to thank Jeremy because I tasked him with the suggestions. I think you should absolutely honor the first mayor, female mayor of this community. So really, you have four really, really strong candidates for three positions. But at some point. we needed to recognize that fourth person, whoever it is. And I think in some cases it needs to be contemporary. So you have two individuals, actually three individuals that are very contemporary. So I think we need to find whatever the fourth opportunity is, we need to identify that fourth individual needs to be recognized for their commitment and contribution to this community. Okay.

I actually love the idea. You have some things to think about there, Chief. Made some recommendations.

All right.

Are we taking a motion or are we just taking consideration?

He says yes. So let's make the motion. And what will it be?

So it is on the table that we can name the municipal building after someone. That's not on the agenda. I know it's not on the agenda, but I just didn't know that.

Yes, that's up to the council members. Any of the facilities that the city owns, it's the council's prerogative to be able to name those facilities. And my only guidance would be is that it needs to recognize someone that has made a significant contribution to this community.

My recommendation would be Farhad for the maker space, Jen Collins for the educational homeschooling rooms, and then going back looking at the Childers outdoor play area for our vice mayor, Johnny Parks.

We'll second that motion. If that's a motion.

That motion.

All right. I might say that that kind of took me back a little bit. I appreciate it very much. I didn't use a library in high school. You should have led with that, John. I retract my motion. I didn't. I knew where the football field was at, and that was it. But I will tell you that I've always taught, even my inmates in prison that I was teaching, my high school students, that my grades in college came about because of my learning to use the library. So I'm a big advocate of using the library. My grandkids all use the library, go to the library. I've made several legal changes here in Broken Arrow by using the Library of Congress in Washington, D.C. I had trouble getting in there to start with. They didn't believe I really had questions, and I did. But I do really much of an advocate for the library system, so I certainly would appreciate that.

All right. So we have a motion and a second.

Oh, we already voted.

Oh, we already voted. Oh, we already voted. Just kidding. It's already happening. You're in. You're in. You're in, John. I was like, should we name the jail?

I take everything back I said, then.

Oh, we could name the jail after you. All right. 9B, consideration, discussion, and possible approval to execute a construction variance for Brewer Construction. Charlie Bright.

Good evening again, Mayor, Vice Mayor, Council Members, Mr. Spurgeon. My name is Charlie Bright, Director of Engineering and Construction. As you all are familiar with, and it's a repetitive issue at this point, we have another request for a variance for the noise ordinance for construction, concrete pouring early in the morning. This one located on the northwest corner of... Hunter 1st and Lynn Lane, Hunter 1st and 9th Street. It's for the Harvest Church construction. Same issues as before. Obviously, the temperatures are really high at this time, and it becomes an issue for being able to finish concrete work when the temperatures are that high. I know this is a recurring theme, and it's ultimately reoccurring because the temperatures are so high out right now. Once temperatures drop back down, this becomes less of an issue. You don't see these requests happen. So happy to answer any questions you guys have.

And it was to begin at 3 a.m. and for how long?

Yes, ma'am. This one was a 3 a.m. request. We'll talk to our team about making sure the contractor does do notifications, if any of it nearby, because I know you guys prefer that. And then it was for two days specifically. But the RFA does grant, if you all approve it according to the RFA, it does grant authority basically back to me to give them an extra few days if needed. But that wouldn't just be carte blanche given to them. They would have to have a valid reason why that's necessary. Okay.

That was going to be my question because I saw where it said two days, but then I also saw where it looked like.

Most of the ones that have come before you have usually given, usually in the body, it usually gives a variance for me to allow a few more days. So my team is one that's dealing with them all day, every day, but even they can't bless it. They would have to come get my permission. They'd have to have a very valid reason why something wasn't working, concrete wasn't available properly. something that was outside their control more than just, hey, we want to do more days.

So have we been getting a lot of complaints from the variances that we've been approving?

I wouldn't say a lot. I know we've gotten at least one over at the Amazon site. And then I think we've gotten one or two over in the research area and in the Lowe's area as well. But I think it's just been about one per job site. And then typically by the time we get the complaint, it's like, okay, well, we're done. It's over with and it's not going to be happening anymore. I do understand the inconvenience. It's kind of one of those necessary things for, you know, just as a society and a community that's developing, it's either we're going to allow it or construction just kind of pauses during this part of the year. I'm sorry. Go right ahead, sir.

I was just going to say that I certainly don't like it, but I don't think we have a choice. And because you're going to end up losing a whole server loads of concrete, you know what I mean, if they cure too quickly. And so it's not like they really have a choice. So it's going to be very costly to try to extend those times.

I think to your point, effectively, the choice is we don't allow it. And then you're effectively telling construction sites like, hey, you're just going to put your job site on pause for a while, which isn't necessarily what we want in our community to develop. Right.

So I'm through.

So my question, what is our mechanism for correction? Because you say you've only gotten one, but I get multiple a day. So I get a little more than one. I get pictures. I get text messages. I get videos. And I think part of the biggest complaint is they are not, well, the particular site was not following the two-day notification. And, you know, they're coming, and I get it. They need to do certain things to do the work, but, like, they have work lights set up. I'm thinking about Amazon in particular. Yes, sir. And the work lights, instead of being pointed at the work, were on this end pointed toward the houses. I'm like, common sense would tell you to put them down where the houses are and point them away from the houses. Absolutely. So what's our mechanism to correct that if they're not following? Yeah, so it's being good neighbors.

So mechanism one, if we just maybe whatever they're doing is not illegal, but we don't agree as being a good partner, I think we can issue stop work and tell them that they've lost their permission. But mechanism two is they have to stay within the parameters of what counsel agrees to. Otherwise, they're in violation of our ordinance as criminal. I feel like. The step that we've been missing a lot is people want to complain to the counselors or our team or anything else saying we're missing the piece that it is a violation of the ordinance. It's a sightable offense from a ticketing perspective. So like we've told others in some situations where contractors are out there working that have not come this situation, we've said it is an issue that you can file a noise complaint over. So it seems like a lot of times the complaints come administratively, but they can also come through the PD as well. Sure.

Yeah. I've called non-emergency whenever they were pouring at 4 a.m. and didn't have permission to do it.

Yeah. So my team has done better about communicating with Chief Arnold's team on when these variances do come through. I know that we send the notifications. I'm sure they're watching the councils as well, sending them over to them. And so in theory, whenever... They're outside those terms. They could be cited for that. That offense.

I know that not all companies are going to operate the same as this one or that one, but absolutely.

Well, and maybe to I mean, I know our officers are very kind and sometimes they'll just give verbal warnings. But like on situations like this, maybe we could encourage our officers like. on things like this, just no warnings. They know the rules. The construction companies know the rules. And if they just go outside of the perimeter, just issue a ticket.

I'm going to stay in my lane and stay out of that one.

I mean, I'm just saying, I mean, I know it's up to the, it's off, it's up to the officer, but it's not our job to give direction to them on how to do their job.

So I'm just saying, yeah, I'm just putting that out.

So how about if there's a construction company that continues to not follow our rules? Can you just do a stop? Absolutely. You just do a stop work order.

Administratively. We have a couple of different ways that we can do stop work orders, or we can at least tell them that that part's not going to be allowed anymore.

Okay.

All right. Thank you, sir. Gives us some good answers to reply to our citizens when they have a concern. Someone's on to speak.

Yes, thank you, Charlie.

Chad Brewer.

Sorry, I almost forgot about you.

That's all right. Thank you, members of the council. I just wanted to reiterate what was just said. We are the construction manager for Harvest Church, excited about that project, and we are at a critical stage of the project of trying to pour the slab, and we want to be aware of the restriction that we have, not starting work before 7 a.m., but I'm here tonight to ask for that approval just so that we can for two slab pours, that we have to do. And it's not only just the process of getting the work done, but the health and safety of our guys at the crew is actually doing it. It's pretty stressful. August has been very hot. September doesn't look like it's going to be any different. So that was the reason for the request. And we do think it's just only going to be two pours for the slab.

And the two pours mean two days, ideally?

Two separate days, yes. It'll be two separate days, 300 yards of pour. That'll get the main sanctuary slab poured and finished, and then we can go right back to our 7 a.m. working hours.

And you'll notify the neighbors to let them know when this will be happening?

Yes, we can, absolutely. Right now we're thinking tentatively September 15th is going to be our first pour. That's still kind of in discussion with our concrete company and making sure it's 15th, 16th. But we will make both neighbors aware to the north and to the west. Fortunately, there's not as many neighbors around this particular. There's not.

Yes, sir. That is correct. Anyway, thank you for your time.

Thank you, sir.

Mayor.

May I add one thing to Councilor Ford's question? They did. Although they didn't have a variance at Adams Creek, they were operating outside the time frame. And our police department did issue a citation there. So when called upon, they will respond and act accordingly.

Thank you, officers. All right.

Any further discussion? Entertain a motion.

I'll make a motion. Second. I'll make the motion that we approve item number 26-1342.

All right. Items 9C, consideration, discussion, and possible authorization to execute resolution number 1766. Tim. Good evening.

I'm going to hand this over to our 19 friends. Good evening, mayor, vice mayor, council members, city manager, Mr. Spurgeon. It's a pleasure to be in front of you this evening. In front of you for your consideration is a resolution for the formal acceptance of the award of a Google water replenishment grant that our finance department grant writer Molly Rogers has been very diligently working on for the last three or four months. And this is a grant that will help us with our mitigation efforts in non-revenue water loss and water system resiliency. This project was solicited and we submitted for and we've been awarded a grant. Let's hope that this turns on. Well, we are just going to hand signal tonight. So we have been awarded a grant for the total of $795,000 for this grant project. So this grant has been solicited throughout the nation. There is over $77 million worth of water grant money that this is solicited for. So this is a total of 165 total projects that were selected, and we are one of those projects. So through this project, we are looking to proactively identify and repair water leaks through new technologies. We are improving system resiliency. We are reducing non-revenue water loss. And most importantly, we're enhancing for long-term resiliency. That is the attributes of the grant program that we're looking at. So let's talk about the overall ward that we have inside the project. So what we've came to with that holistic project is a total of that 795. Our first object is an acoustic leak detection network. So this network looks like these small components that are on your right side where we will attach these to our water distribution network and we'll be looking for water leaks. So we'll actually hear it and we'll analyze those and they'll find the leaks where we can be more proactive and keep from that water going in the ground. And the next one is to go along with that, our new crew vehicle that will go, that'll be signed directly to our leak detection system. This will be helping to install the water pressure monitors as well as these leak detection systems that are going to be a permanent and there's a modular setup where we can go out and detect leaks where citizens call in and say, hey, you have a bunch of water rolling on the ground. Help me find it, and that's exactly what that'll do. So that's a pretty expensive piece of equipment, so that's a really big benefit to the citizens. So we're also going to improve our water pressure monitoring network. So we've been implementing this over the last year, and we have seen huge benefits in finding leaks earlier and helping us trend our system. So we'll be implementing 12 additional gauges throughout the network. Also as part of the resiliency portion, we will be putting in a standby generator at the Greenbrier booster pump station in the northwest portion of Broken Arrow where we have some pressure issues. So this will allow us to maintain power to that booster pump station in the event that PSO has a power issue or we have a transformer that blown from a squirrel jumping into the disconnect switch, not to be super specific earlier this spring. So through that we also have portions where there's integration and training where it is all staff training through these processes that help us to learn and better implement this system. And then obviously there's always contingency in the system. So you're asking why would they do this? What is our commitment to it? So our commitment is to non-revenue water loss. And what is that? It's basically as simple as your water produced minus the water that you've built, all that that's left over that's unaccounted for, we need to account for that and try to mitigate that. That's through leaks, through unsolicited or unregulated taps, unregulated disbursements from like construction, stuff like that. So through that, we all have a goal in the program of 25% reduction, and that goal is by 2030 with a 10-year deadline. activity stage. That's where we'll assess it for 10 years and with this we'll be looking at a water safe factor of over 120 million gallons per year is our goal through this project. So it's a pretty significant amount of water and we're confident that we can get there using these technologies and expanding that. So the next steps that we have in front of us is to, the resolution is the formal acceptance of the award, and then we will be authorizing through the same action to authorize the city manager to go into negotiations with the contract, evaluate the contract, and we'll bring that contract back to you in a Bama session, and those funds will be appropriated to Bama. I'm here if you have any questions.

Questions or discussion? Well, I want to thank Molly for being so diligent for months and working on this. That's, that's pretty good payoff for her three months or four months worth of work. So Molly, if you're listening, thank you. She's here.

Molly. Thank you. Thank you. Molly. I didn't see you out there. Sorry.

Thank you, Molly, for your hard work. That's a, that's a pretty big deal. Pretty big deal.

Absolutely. So are there any requirements upon the city to, as, that will come with accepting this grant other than what you've named there.

I know our city attorney's office has been reviewing the contract in whole. We'll make sure that that is the case. Everything within the project summary that we've talked about is those criterias. It is reporting the water loss. It is part of their overall corporate goal of water loss reduction. This is following with that goal. Our commitment is that reporting period of

we are going to be committing to a 25 water loss reductions to help the entire watershed basin uh with with those losses fantastic um are there any obligations or considerations that could create future costs or commitments by the city with accepting this grant

So that's a great question. The nice thing about this grant and the way that we approached it is every piece that's in this grant is following our five-year outlook model, as it was anyway. Water loss is at the top of our commitments to reduce that non-revenue water loss. So this was already in our five-year outlook and is following directly with our strategic plan. So we were already looking down this route. There will be additional expenses, obviously, with the vehicle. However, that vehicle lifespan matches the goal of the commitment time. And it's the same with the generators and all the other equipment.

Okay. Thank you.

All right. I do believe maybe, did everyone vote on the last item? Yes? OK. Our screen is stuck on voting.

Still says voting in progress. We can't make a motion or move on.

Let's go home.

Just pause. We're buffering right now. We're done.

I broke it.

It says you voted and then it says it's given us a choice to withdraw our vote. And it says voting in progress at the bottom.

Gotta love technology.

Especially when it works. We can do a voice. We can go to voice. On this item.

Okay. Do we have a motion? I'll make a motion to approve the grant.

I'll second that motion.

Pickle?

Yes.

Green?

Yes.

Ford? Yes. Parks? Yes. Wimpey? Yes.

Thank you.

Thank you, sir. All right. Item 10 is Preview Ordinances. 10A, Consideration, Discussion, and Possible Preview of an Ordinance Amending Chapter 6, Building and Building Regulations. Rebecca Blaine.

Mayor, Vice Mayor, Councilors, Mr. Spurgeon, filling in for Rocky Hinkle this evening. In September of 2023, the Oklahoma Uniform Building Code Commission technical committees were formed to review each section of the 2024 ICC Regulations. codes, the 2024 International Building Code, the 2024 International Existing Building Code, the 2024 International Plumbing Code, the 2024 International Mechanical Code and the 2024 International Fuel Gas Code and the 2023 National Electric Code. In March of 25, the OUBCC technical committees were formed to review each section of the 2024 IRC, which is the International Residential Code. The chief building inspector was involved in these committee reviews. The committee's recommendations were reviewed and approved by the OUBCC and the committee set forth for adoption of the 2024 ICC codes with various modifications with the NFPA 2023 National Electric Code. The adoption of these codes was approved by legislative action in 2026 signed by Governor Stitt and will be effective statewide September 14, 2026. Staff recommends approval of the adoption of the 2024 ICC codes and the NFPA, which is the National Fire Protection Association 2023 National Electric Code, as adopted and amended by the Oklahoma Uniform Building Code Commission with various local amendments to approve the health, safety, and welfare of the city and its citizens. And then for reference, all of our codes are right now on 2018 and the 2020 National Electric Code.

Can you repeat that, please? It's a mouthful. That's why I allowed you to read it before.

I was reading these other night and now just got so excited. I couldn't sleep because it was just so riveting. Yeah.

Mary, if I may, Rebecca, I mean, we have a tradition when we amend the codes that we have a conversation with the home builders association and make sure that they're aware of this. And obviously because there's, there are changes from the codes we currently have. Do you know if we've had a chance, are they aware of these changes to the codes and we communicated with them?

Yes, our chief building official wanted me to let you guys know that a survey was sent out to 1,000 people in our development community back in May. Out of 1,000, mostly they're looking for responses. If they don't agree with something, there were only three responses to that. So this has been heavily vetted. And I would say the gist of these changes is to be development friendly while not compromising life and safety issues.

Well, I appreciate you making sure that they're aware of this because obviously that organization is very important in terms of communicating with the governing body and working closely with community development. And we have an excellent reputation as you're a part of that to make sure that we have full transparency and that we're working with those that want to develop in our community. So I'm satisfied and I recommend approval to the council to move forward with the actually final review of the ordinance.

So moved.

Second. Roll call. Pickle. Yes. Green.

Yes.

Ford. Yes. Parks. Yes. Wimpey.

Yes. Item B is consideration, discussion, and possible preview of ordinance amending Chapter 15 nuances.

So this complements the last item, 10A. The city of Broken Arrow first adopted a property maintenance code with the approval of Ordinance 2153, adopting the 1998 International Property Maintenance Code. Since that time, each time the new residents Oh, sorry. The new residential or commercial building codes are adopted. The property maintenance code coincides with the new building codes that have been adopted. The 2024 international property maintenance code does coincide with the 2024 residential and commercial building codes. Staff recommends approval of the revisions and adoption to improve the health, safety, and welfare of the city and its citizens. For camera.

Yes. Um, I just want to take this opportunity half of the council to thank our building code officials, our property maintenance. I mean, they have one of the most difficult jobs outside of police officers and in our community. And it's hard to find property that's not in compliance with our, you know, in our city. And I think it's because how well we work with our, our property maintenance inspectors. And so I just asked you pass that along to Rocky on behalf of the council and myself.

Absolutely. Thank you, sir. Any further discussion or questions?

I just want you to note for the record, he said outside of police officers, he didn't say firefighters. I'll make a motion to approve 26-1326.

I'll second that motion. Pickle?

Pickle. Green.

Yes.

Ford. Yes. Parks. Yes. Wimpey. Yes. Item C, consideration, discussion, and possible preview of an ordinance closing utility easement.

The property owner or their representative has submitted the application requesting the closure of a utility easement on property located nearly one-half mile north of West Houston or 81st Street and one-half mile east of North Aspen, 145th East Avenue. This is in the Graham Franklin Industrial Park, and I believe Wallace Design Collective is representing the item if you guys had specific questions.

Any questions or discussion?

So I presume there's no utilities in the easement, correct?

That's correct.

I'll make a motion that we approve said item.

Second.

Roll call. Pickle. Yes. Green.

Yes.

Ford. Yes. Parks.

Yes. Wimpey.

Yes. Item D, consideration, discussion, and possible preview of an ordinance closing a utility easement on the property.

This is located on the same parcel but is a separate utility easement that we're requesting closure of. Okay.

Discussion or question?

I'll make a motion that we accept a premium set for adoption, 26-1354.

Second.

Roll call.

Pickle. Yes. Green. Yes. Ford. Yes. Parks. Yes. Wimpey.

Yes. Item E is consideration, discussion, and possible preview of ordinance number 3953. And that is Trevor.

Thank you, Mayor, Vice Mayor, Council, and Mr. Spurgeon. Preview ordinance before you increases the city manager's authority to approve contracts and purchases from the current $50,000, and it goes up to $100,000. It also authorizes each assistant city manager to approve contracts and purchases up to $25,000. In addition, it authorizes a city manager upon the city attorney's written recommendation to settle tort claims up to $100,000. The reason for this request for the changes are changes to Oklahoma state law. Last year, the GTCA limits were increased to $250,000 per claimant with an aggregate of $2 million per occurrence. And the legislature previously increased the competitive bidding amounts from $50,000 to $100,000. This simply streamlines the administrative process. Council is authorized to do this if they so wish to do so. Happy to answer any questions you might have about the preview.

Well, I'll also note that the city manager always puts it on the agendas whenever there is something so that the transparency is there on the things that he approves under that amount.

That was my one condition is that this recommendation from Trevor, Kenny, and Norm is that we continue to be transparent should I make those decisions or one of the assistant city managers acting in the acting capacity of city managers making sure council is aware of those decisions that were made.

Any questions or discussion? I'll make a motion to approve item E26-1363. Second.

Will call.

Pickle. Yes. Green. Yes.

Ford.

Yes. Parks. Yes. Wimpey.

Yes. Item F is consideration discussion and possible preview of ordinance number 3954. Oh, Trevor, sorry. It's you again.

It's me again. Thank you, Mayor. Engineering Construction is currently working on an online construction permitting process for basically any facilities that are locating new equipment or lines within our existing right-of-way. The proposed ordinance requires those facility owners to obtain permits and remain responsible for its contractors. In addition, it authorizes right-of-way construction permit applications and review fees to be set by the manual of fees. There's several other subsections on there that basically have processes for repairs, maintenance, emergency work, and things of that nature. We recommend that you adopt the ordinance with an emergency clause. Charlie Bright is here to answer any questions that you might have about the specific operations and regulations that are being proposed through engineering.

Any questions? Will this cover what we're going through now with these fiber companies? Yes.

So I will say there is a specific exemption for what we consider, and it's defined in there, as a small wireless construction. But small wireless construction has a very specific definition that doesn't include the broadband. The reason that we have to exclude the small wireless construction is because there's an Oklahoma Small Wireless Facility Development Act that supersedes us at the state level from regulating those small wireless facilities. But things like Metronet and other type of broadbands would be covered by this.

It would be covered?

Yes, ma'am. Yeah, just to add on to that a little bit, this is in direct response to the fiber companies. This isn't a fix-all for every problem we're having, but it is one step in the fixes. As you all know, we've been inundated with fiber companies over the last couple years that we did not expect. The workload for my staff has increased probably over 1,000%. for just how many are coming in. We are the only community that I'm aware of in the northeast part of Oklahoma that does not charge a permit fee to request to be in our right of way. So this is the first step to allow us to put that in the manual fees, which ultimately just allows us to recoup some money for my staff's time just to go over them being in our right of way. We estimate it probably will generate $60,000 to $80,000 a year, which helps pay for the staff member that's doing the time.

I think it also helps us to know who's in the right-of-way. So when something else gets damaged in the right-of-way, we say, well, who was in there?

We have gotten better at that piece. We've learned a lot in the last year or two of dealing with them. We've gotten better at that piece. We're tracking it very well. We're just currently not charging them anything for that. So this allows us to start charging them a permit fee.

I feel like I've been wanting this for a long time. I think I maybe needed to be a little louder. So I'm glad to see this, and I do recommend the approval of item F26-1406.

Second.

Roll call.

Pickle?

Yes.

Green?

Yes.

Ford? Yes. Parks? Yes. Wimpey? Yes.

I think vote cast is back.

I think so. All right. Item 11 is ordinances 11A, consideration, discussion, and possible adoption of ordinance number 3919. Trevor.

Thank you, Mayor. This ordinance is previously previewed. It basically narrows a very small section of 16-12-A7 to clarify the Rose District area. exemption for loud noises doesn't apply to those noises created by the discharge of exhaust from an internal combustion engine. As you may recall, there was a specific overlay to exempt certain parts of the Rose District or the Rose District from the noise ordinance that was to facilitate music and nightlife activities. It wasn't to allow people to run unmuffled mufflers to the Rose District.

Any discussion?

So they can still go down in the Rose District and do their lot exhaust. They cannot. That's making this not. OK. I thought it said shall. I was like, wait, we don't want them to do that. OK. Just wanting to clarify. OK.

I'll make a motion to approve 26-1341. Second. Roll call. And if you can put motorcycles in my neighborhood, that'd be great.

Item B, consideration, discussion, and possible. Oh, that's an emergency clause. Entertain a motion.

Move for emergency clause.

Second. Roll call. Remarks and inquiries by governing body members. Just want to remind everyone that the 25th anniversary of terrorists attacking our country on 9-11 is coming up. It's hard to believe it's been 25 years. And I think so many forget what took place on our ground. So just wanted to make sure that that was it.

That should have been the last comment, not the first one.

Sorry. It was important. Anyone else?

I'm not going to say nothing happy now.

You can share happy things. All right, city manager.

Mayor, council, good evening. I'm looking in the audience, and I think we have a lot of members of the current leadership broken error classes. So if you're the member of the class this year for LBA, raise your hand.

I understand that they're going to be the best class.

No, mine was the best class. We already had the best class.

Chief Stringer, I was worried that somebody was going to walk out, and sure enough, Chief Stringer walks right out, got a phone call. And so you can see all of the city employees that, raise your hand if you work for the city, okay, or you're related to somebody who works for the city. Okay. So, actually, I saw the picture, and what is really cool is there's so many people that didn't recognize, which means we have more and more people getting involved with our community. So, thank you for being here this evening. I know that you had to, but it's been a good agenda. Secondly... I wanted to mention that, and Molly left, is that council two years ago approved the creation and adding to the budget of a grant coordinator, grant writer. And actually, this is one of the many grants that Molly has been working on in concert with the directors. And so I thank council for your approval of that nearly $800,000 that would have had to come out of the capital for the BAMR utility budget. So I want to thank the council for that. Next thing I want to mention is last Thursday night was the first session of the newly formed Citizen Engagement Academy. We had 19 out of 20 individuals that were selected. And council members know this because all of you were there. And I just want to say congratulations to those that were selected. And I encourage those that were not selected to actually reapply for next year. I'm looking forward to the presentations from the various directors in the first session and then the second session in the beginning of next year. And so I want to thank the council for bringing this idea. amongst yourselves approving it and being there as a part of the first year, which somewhat will be kind of a pilot because obviously there are going to be ways that we can improve upon it. It's a living, breathing type entity, and we want to make sure it's a great experience. And based on the number of questions that we got just in the first night, I think it's going to be very well received.

And a huge, huge thank you to our Curtis Green for putting that all together. We really appreciate that.

Yes, great job, Curtis. Don, appreciate you all very much. And finally, we have a new member of the leadership team that is here. He's in the audience tonight. He started yesterday. Our new emergency management director, Peter Perez, is in the audience. Where's Peter at? In the very back. So let's give him a round of applause and welcome to Bocanero. Thank you. We are very excited to have Peter. He comes, I can tell you, he has great credentials, has a great demeanor in the way he speaks and presents himself. I put together a selection committee, and it was, what we tell them, I like to say this, we had some great candidates, and Peter stood out head and above everyone else, and so we're excited to get him engaged within the community. Council members work very closely with the emergency management director in many different facets. And so welcome, Peter. We're glad to have you here. And that's all I have, Mayor.

He's back now. We can have him speak.

Okay. Yeah, we have every LBA person speak, and we need you to come up and speak for us. I'm just kidding. We're kidding.

The chief volunteered you.

Just kidding. All right. We do have an executive session, so I'll entertain a motion to take a brief recess.

So moved.

Second.

Parks. I'm sorry, Pickle. Yes. Green. Yes. Ford. Yes. Parks. Yes.

Wimpy. Yes. Call the broken arrow municipal authority to order. Roll call. Pickle.

Here.

Green. Here. Ford. Here. Parks. Here. Wimpy. Here. Are there any items to be removed from the consent agenda?

I'll make a motion to approve the consent agenda as it stands.

Second.

Oh, there it is.

Roll call.

Item 5 is public hearings, appeals, presentations, recognitions, and awards. There are none. Item 6 is general authority business. 6A, consideration, discussion, and possible approval of an award for the lowest responsible bid to Crossland Heavy Contractors. Emily Rowland.

Good evening, Madam Chair, Vice Chair, Trustees, General Manager. I'm Emily Roland. I'm our Environmental Division Manager, and I'm excited to bring you this item tonight for requesting award of the lowest responsible bid to Crossland Heavy and asking for authorization to execute the construction contract with them. So this is for our RMUA Hickey Creek wastewater treatment plant biosolids project, which we've given a lot of presentations and updates on over the years. I think it's been at least five or six years. And so we are very excited to finally get this going into construction. And so we have a long construction time on it, lots of work to do on it, but it'll finally let our plant that we share with Tulsa stand independently because we currently have to take This led just to one of Tulsa's plants. And so we're excited for this. So I am happy to answer any questions you guys have.

Is this our, uh, funding all of this or is it land with Tulsa?

Yes. So the, um, total bid is the, uh, 48 million, 199,000. Um, and we're splitting that 50 50 with Tulsa. We do have that USDA grant, which is for 9.6 million. which is also shared between us and Tulsa. So 9.6 takes it down to the 38,599,000 and then that split 50-50. So the 19,299,500 is our half of it. I just want to know if you knew all those numbers. I know. I was having to read off of it. Lots of numbers. Yes.

So Emily, I mean, you live and breathe this literally. And so, you know how our council has been working on this and improving a long range plan. You feel good about this number that we were getting a good price for the work that's being expected.

Yes. I feel like we got really good bids on this. We were a little bit nervous just because it is such a big project. And, um, with the USDA grant brought in some of the like federal requirements that we had to do with, um, the buy America, build America stuff. And, Um, yeah, we were really pleased with the number that we got and we think Crossland will do a great job with it.

Okay. What's the timeframe?

It's, uh, 730 days for construction. Um, we, I per the grant have to be online, I think within three years to start producing fertilizer. Um, and so we should be well ahead of that, put in some extra time just in case the first six months to a year of it will just be a lot of approving submittals and ordering the equipment and all of that but um yeah we think this should be adequate in a couple of years timeline thank you any further questions discussion entertain a motion i make a motion we approve the contract thank you thank you emily i'll second that motion roll call

entertain a motion to go into, or to adjourn. Oh, sorry. Are there any remarks for Bama city manager?

I do want to mention, I just, obviously it was an extremely hot month of August and set the first couple of months in September. Look, uh, extremely difficult as well, just with the heat. And I just want to give you an update on the operations of the water plant. I do believe we got close to or right at 26 million gallons for a short period of time in August. We're running a little over 20 million gallons. And I know Tim Robbins and his team are closely monitoring not only just what we're producing, but also our pressure and making sure that we're in good shape. We're also keeping an eye should there be any uh burn bans or anything along those lines as of right now there's not any so we're closely looking over the over at those if should there there be a need for us to provide that information but i just want to send a shout out because obviously this is a very difficult time when you're actually with this hot trying to produce the water we need for our community and businesses so i just want to say thank you to tim and everyone that's helping him

So I'm going to add real quick. We were looking for a way to, to, um, recognize our first female mayor. I'm going to share a story real quick. She only served one term, but maybe it's the water plant. Maybe we should name the water plant after her. So back in 1931, people weren't paying their water bill. So she took it out. She told everyone, and she took an ad out in the paper and said, I see you driving fancy cars and having fancy parties, but you are not paying your water bill, so I'm going to cut your water off. And she did not get reelected. But people paid their water bill. Yes, they did.

And she only served one term.

But that may be a great thing to put her name on, the water plans. We did.

You know, I just need two of your friends to put it on the agenda. We'll pray about that.

Okay. I'm with you. Sorry, it just popped in my head and I had to share. That's a great story. All right. Entertain a motion to adjourn.

So moved.

Second.

Roll call. Pickle.

Yes.

Green.

Yes.

Ford. Yes. Parks.

Yes.

Wimpy. Yes. Yes. Entertain a motion to go into Economic Development Authority.

We're not done yet, guys. So let's go into what you said. Economic Development Authority.

Was that a motion?

Yes. I didn't know we needed a motion for that.

To enter in?

Yeah.

Oh, roll call.

Do we need a motion?

You made a motion on the second. We got a motion.

You just called it to order, so we just need to do roll call for beta.

You're thinking about Finney Lou.

Pickles. Pickle. Here. Green. Here. Ford. Here. Parks. Here. Wimpy.

Yes. Here. Sorry. I am here. Are there any items to be removed from the consent agenda?

Make a motion we approve the consent agenda.

Second. Second.

All right. There are no public hearings, appeals, presentations, recognitions, or awards. No general authority business. Any remarks by governing body members? City Manager?

I do, Madam Chair. I just wanted to mention just a quick update regarding the amphitheater, the regional bank amphitheater. As the council members said, I've shared this with you, and that is we are now in the process to where we are transitioning from construction to operations. The venue team has selected Legends Global as to be the operator for the venue. We've had multiple meetings, albeit on teams or in person, to begin the process of actually making that transition. They have started the hiring of the staff for the facility. And I call it the Stevens boys, actually, also known as Norm and Travis. They're the ones that are actually spearheading and ensuring that all the action steps. There's going to be many, many more meetings that are going to be happening, but it's great to see that we're actually making that transition. And right now we're hopefully looking at a temporary CEO sometime later this year. I'll let council know when I have more information. But I really would like to get the council members out there to take a tour sometime in October. approximately to take a look at what's going on. I believe the wind walls are putting up and the technology they're adding to it is going to be a game changer. I was on the phone yesterday for quite a while with the city manager of McKinney, Texas, talking about their construction of their venue, and they're still about eight or nine months approximately behind opening when we should be opening. It's great to see that we're moving out of the complete construction phase into an operational phase, which means we're not that far away from having concerts. So more information as it becomes available. That's all I have.

Thanks, sir. There is no executive session. Motion to adjourn.

Second.

Roll call. I'm seeing a motion to take a brief recess.

So moved.

Second. To clear the room. To clear the room, yes.

If you guys need your