City Council - Regular Meeting

Got my chair back. Kenny had it last week. Is that your Is this your chair? You had my chair last week for the 4hour meeting. Oh yeah, I heard all about it. Kenny has my chair.

I said this is I said just go Call the Broken Air City Council meeting to order. We have imitation by Pastor Scott Moore. Hi. Okay.

Heavenly Father, we come before you uh today and we thank you so much for uh the beautiful city uh that we live in. Uh Father, we thank you for this time of year. Even though it's cold outside, uh we are blessed um again just to be in a wonderful, wonderful community. Father, we thank you for leaders uh who uh truly care about the community. And so we ask that you would continue to be with them today as they work through the agenda, that you would give them wisdom, uh that you would give them uh sound mind as they make decisions uh that will affect our entire community. We ask that you would be with each and every citizen who will be a part of this time together as well. uh that they would be able to speak clearly and they would uh continue uh to have an attitude of of uh of peace as they as they share the things that they are concerned with and as they uh do their best to communicate their hearts with um this group of leaders. Again, we just ask for your guidance uh during this time. Uh we believe that

I'll make a motion to approve the consent agenda. Second. Second that motion. The motion and a second. Roll call.

Item seven is public hearings, appeals, presentation, recognitions, and awards. 7A, presentation, and discussion of the crisis response and care link program update. Chief Stewart and Major Garrett. Good evening, mayor, vice mayor, council, Mr. Spurgeon. Hope you're all having a good evening tonight. As you may remember, a couple of years ago, we came Thank you. We came up here and I gave you a short presentation. Uh, we were tasked with doing something about what we were continuing to see reference our mental health issues in the city with some of our citizens, uh, opioid issues and things of that nature. and the police department and the fire department. Uh Chief Stewart and I got together and we came came up with different uh plans for our organizations. One for the police department, which is our crisis response team and their CareLink navigation program for the fire department. I'm going to talk to you a little bit about uh an update to our crisis response team and then Chief Stewart will talk about the fire department's initiative. So, one of the things we want to talk about is why we have two different programs. And the reason for that is what we realized what we we really had some different clientele. We thought there was going to be a lot more uh crossover between those that we dealt with at the police department versus those that we dealt with uh at the fire department. What we learned is that we actually didn't have as much crossover as we were thinking. Uh police department deals with a lot of issues of homelessness and some veteran issues uh opioid abatement and a lot of what we do is if you may remember was crisis mitigation when those crises are actually happening. And a lot of what the fire department does is deals with less visible forward- facing issues. Uh and they'll talk a little bit about more of that. Uh now on our program, we also sometimes have to do emergency protective custody is when we actually take someone into custody and have to go get them treatment. Um and that's a forced order. And we're going to talk a little bit about that. Also, uh our crisis response team

recently adopted a mission. The Broken Arrow Police Crisis Response Team works in partnership with mental health professionals to deliver compassionate and effective responses to individuals in crisis. We connect community members with the services and support they need to enhance their safety, well-being, and quality of life. And that's really what we do. Uh again, you may remember back uh the last time we were here, we talked about we really only had two buckets to to go with before we uh started these two programs. it's kind of either they went to jail if they were dealing with the police department or a hospital if they were dealing with the fire department. Now, what we've done is we've created these programs to actually get those uh citizens that need help services that they need those wraparound services to give them other options to actually stop that cycle of crisis. So, some of the calls that we deal with at the police department, obviously mental health calls, uh substance abuse services and calls that deal with opioids, sometimes methamphetamine, things of that nature. uh domestic disturbances, homelessness, as uh you may remember we spoke of last time we were here. Veteran services is also something that we're very passionate about. We oftentimes see that there's often a lot of crossover between some of these mental is mental health issues and people that are veterans and there's actually some businesses and some corporations that actually help us get services directly to veterans. And there's a lot of places that do that and that's something that our crisis response team really focuses on a lot. uh when we see that there's a veteran component to actually get them other services because there's some services that are specifically for veterans. And then we also talk about connections to care and counseling and that's that, you know, back-end navigation that we do where we're doing follow-ups with these people as opposed to just going out there one time dealing with their problem at hand and then leaving. We actually are able to our team has a care coordinator and an officer paired in the vehicle together. And not only do we deal with whatever crisis they have at the time, but we also have some back-end navigation where we do follow-ups, try

to make sure they're getting their counseling appointments or if they need uh home placement or job placement to really get those services to them. Uh the two teams again are officer and a care coordinator. Team one works Monday through Thursday from 7:00 a.m. to 5:00 p.m. And we actually moved our team 2 a little bit from the last time we were here. They were also working Monday through Thursday. We've moved them to Tuesday through Friday. So we have coverage five days of the week now instead of just four. Uh and those services run from 7:00 to 5:00 on the day daytime and then from noon to 10. You may remember we started a four shift and we moved that second team to the four shift. What do you guys do on the weekends?

So we currently don't have a team on the weekend but part of expanding the program or looking forward that's probably something that we would be interested in. I've got some statistics here. This is all of 2025. So you may see we had 1189 CFS that's calls for service. So our crisis response team alone responded to almost 1,200 calls in 2025. So basically about a hundred per month. Uh and then we broke it down a little more for that. Uh you can see the homelessness calls about 168 for the year and those are broken down by month and there's some other ones there too. The opioid 56 calls. We were able to avoid an arrest or a trip to the hospital 322 times, which is very important because we talked about how we only kind of had those two uh two two areas previously. We're able to actually say, "Hey, if you if you want to get services here, we can get you connected to services and maybe you don't have to go to the hospital or you're not going to have to go to jail today." Uh we had 35 calls that were specific for veterans. And then when you look at the referrals, you have 184 there on the left side of the screen, but there were an additional uh 55 referrals that specifically went through CreoS. Uh back when we very first started this program, we spent the first year with Grand Mental Health. Last year, we actually signed on with CEOs. They've actually, you know, have an investment in the community here. They're building a facility on the east side of town and we wound up going with CreoS to do that. Uh so you also see that there's uh quite a bit of the um followup there. 592 calls uh for service that actually were follow-ups. So 1,200 calls and almost half of those we had some kind of follow-up call with them, which is great. I mean, if you're getting 50% of being able to come back and talk to you and continue to deal with them, that's great. So those are kind of some of the very uh basic numbers broken down. the crisis 485 that's basically any type of crisis that may be what are some of the numbers that

we have over 2025 uh just a short and let uh chief stewart go and then we can do questions after that quick question are all do you keep track if these are unique individuals or if any of them are repeat do you keep track of that so what we do um creeps most of that but we can certainly get access to that and I have a couple of success stories that I was going to talk about in reference to the statistics as well uh if you'd like to hear some of those. Yeah.

So, uh we're using just some initials here to maintain that confidentiality, but CK was a disabled vet, an ER nurse during the COVID pandemic and was dealing with some PTSD uh for suicide attempts that we had dealt with. Uh BAPD and Creo implemented a comprehensive family centered plan for their whole family. They had the uh the husband got some services as well and there were some services for the children. In 2024, we had 12 calls to their residents. So, one a month basically. Uh in 2025, it was down to zero and there were zero suicide attempts in 25. They're still to this day in trauma- based therapy. Uh another one was a 9-year-old just initial of M had oppositional defiant disorder and ADHD. Uh physically and verbally assaultive toward the mother. We had multiple 911 calls for domestic calls for this child. There was also behavioral uh issues with the child. The school hasn't called us in reference to the child. No response team members to send me some success stories and they probably sent me 10 or 12. I just picked two because of time, but I could on a daily basis.

Incredible. To to really provide those services. Yeah, it's impressive. Thank you. Thank you. Pass it over to Chief Moore. It's very impressive. Very impressive.

Thank you, Major. And thank you, council, for your support. Um Mark Stewart, assistant fire chief. Uh thank you for your support of this partnership with family and children services. Um let me jump back here. Um, our partnership with them began in July of 2024, uh, when we brought Riley on as our bachelor's level, uh, case worker. U, she's a full-time embedded co-responder. And since then, she's graduated with a master's degree in social work, and we found, uh, that it would be beneficial to keep her on. Um, and so we negotiated to keep her on staff. uh she's still here and we've also negotiated a second part-time bachelor's level support uh to help with the case load and those home visits. So I want to share some statistics with you. So we uh in the last year have had 239 distinct clients and 254 cases. And the difference there is that once in a while we'll have a client who has a need and we are able to help them uh with services and then close the case and then something changes in their situation. we may need to reopen the case. So, um that's why we have more cases than clients. Uh Riley's case load averages between 20 and 30 at any given time. [snorts] So, 250 um excuse me, 2516 events, what those are is anytime we make contact uh between any of our staff uh or anyone from family and children services makes contact with the client. So, that's phone calls and home visits. Um almost all of our referrals come from our frontline firefighters. They're the ones that are seeing these needs and identifying the needs and reporting them in. Uh they fill out a form and it goes to Riley and then uh she makes an assessment. U then uh we have what we call a warm handoff. Riley will go out into the field with a firefighter to the home of the client. Um the reason the firefighter goes with her is for credibility. Um that's so

they know she's not the Avon lady or she's not selling an internet access. Um so uh that lends credibility and they we do what's called a warm handoff and she does her initial assessment with the client then opens a case and then um begins working it. You'll notice that almost threearters of our referrals are for medical or clinical reasons uh followed by our second highest uh referral reason being mental health. Uh the the pie chart off to the right there um is uh contacts are broken down into 96% are made by Riley and her team. uh and the remaining 4% is by the copes team after hours and that speaks to that depth of bench that I told you about last time and the um that wraparound from from family and children services that uh we have access to their entire network of support and teams not just uh our navigator. So our funding source is the opioid abatement settlement fund. I'm happy to report that that fund balance is healthy uh between the police department and the fire department. We will only expend 11 to 12% of that total fund this year and there is constantly money coming in. Um we're expecting uh continued funds coming into that for the next seven years.

Wonderful.

And finally, I want to share some success stories with you as well. Um you know, how do you measure success in a program like this? I've shared the quantitative data with you, but I want to um I I think success is really measured in the qualitative realm. Um the first case um I want to talk to you is about a veteran who is struggling with substance abuse. Uh living in a hotel um basic needs going unmet. Um had fractured relationships with family and friends that would normally provide that support and that network that uh helps you get through hard times. But because of those fractured relationships, they were not having their basic needs met. uh Riley was able to step in and work with the family to get that um client placed in long-term care so that uh they were in a better situation. Um obviously the goal of our program is to improve the quality of life for all of our citizens and all of our community members. Another success story I want to share with you is a high utilizer. Um you've heard that term used. That's people who are constantly having to reach out by 911 for unmet unmet needs. Um, we had one client who called an average of one to two times a week for 20 years. Um, I that that's correct, 20 years. Um, and that client has since um been placed in a in a um long-term care facility and hasn't needed our services since. Um, again, I want to um highlight the fact that high utilizer or the number of times someone needs to call 911 is not um not what we're trying to reduce. We're not trying to res reduce call volume. Um we are trying to meet needs and sometimes that high utilizer mark is a symptom but it's it's not what the problem really is. It's just pointing to an unmet need. Um with that um I'd entertain any questions for the major. I don't have any questions, but I share um quite

often about the success and brag on you guys um for what you came up with um especially in our mayor's council through Oklahoma Municipal League. Um and are you guys aware if any other cities have kind of adopted this the programs that you guys implemented? There there are some programs around the nation um using the opioid money especially like that. Very unique to be able to flip that around and use it for good. So yeah, I'm unaware of anyone using uh that funding source. Yeah,

I I know of several other programs. I'm not sure which funding source they're using, but uh you know, there are several programs across the country, and I know Tulsa has a similar program as well. But we really appreciate your support uh to help us start these programs, and they're they've really shown great success over the couple years we've been doing it.

I'll [clears throat] just say um when you guys first came to us with these ideas, I knew uh the programs would be successful. Um, I commend you and your staff and your teams for all the hard work that you all have put in um to make a difference for our community. Uh, I know it it it helps and benefits both our fire department and our police department, but it makes a difference for our community and those that we serve. Um, because like you said, not everybody needs to go to jail, not everybody needs to go to the hospital and connecting them with those resources and the hard work of the team. I know one young lady was recognized at the fire banquet here just last week. So, congratulations on that. Um, but just thank you for all the hard work you all put in. We we appreciate it and it does not go unnoticed.

Yeah, thanks for sharing that. What a what a jewel for our community. For sure. [snorts] Definitely. Thank you guys very much. All right. Item 7B is update on the 2026 general obligation bond package.

Thank you, members, mayor, members, council, good evening. Just just a quick update. [clears throat] With council's action on January 6th, uh we've now officially moved into what I'll call the public education phase of our our general [clears throat] obligation bond package that voters will consider on April 7th. Uh the three things I wanted to mention right now is we're using we have been using uh the last couple of months but specifically the month of January. We're finalizing the public information that's going to be disseminated to to our citizens during the month months of February and March. Uh secondly is that we're in the process of scheduling the meetings that we're going to be attending albeit HOA meetings, civic organization, community groups. Uh at some point we're going to get a schedule out to the council members about uh your availability to to attend the meetings that we have put together to make sure that we try to cover as many of the for example the HOAs as we can as well as other other other organizations. There's are some traditional organization we go to some of our community groups and civic organizations, but I think there's a lot more opportunities. Um, and we're going to be putting out um actually we're going to be putting together an a a date where some dates for council to consider to where we have a a public information meeting to where all the the directors and council members that were going to be going out. We're going to go through the packet and all the documentation and on each of the propositions which most of you know as well as as as anybody in this room um and just some um talking about going out and discussing things everyone be able to answer the questions and so forth. So that's probably going to happen sometime in the early part of middle part of February. Um and then also Erin's going to be coming and talking soon about some of the the new techniques and uh medians that we're going to be using in terms of providing information. For example, we have have have a telephone call that

folks can actually a line that we'll be disseminating soon where you can actually call and a ask any question you want about the bond package and you'll get an answer. And so we're going to be publicizing that along with many other uh different ways and make sure we get the word out about the bond package. So that's that's really all I have for today, but you're going to start to see more of this. And then I I think it will be in we'll be in uh full gear officially sometime around the middle of next month through the through the end of uh through the end of March, early April.

Thank you, sir. Right. Item eight is citizens opportunity to address the council on general topic topics related to city business or services. No action may be taken on matters under this item. We do have one I uh one citizen signed up and uh it's Sean Parish. Well, good evening. My name is uh Sean Parish. Uh I live over by 81st in County Line. Uh you guys may remember me with arguing with Ralph Coleman over probably a year ago. They've been clearing that land, which is what they can do. Uh, they have been burning off green waste, which I understand. I've emailed Mr. um, I think Broken Arrow, we're starting to get pretty big and these new neighborhoods are neighborhood Facebook page have commented. They've had asthma reactions. We have elderly people. They burned probably starting I would say probably around Thanksgiving and it went through all the way past Christmas until about a week or two ago. They have blowers out there. I don't know if they're working correctly. It's kind of frightening to wake up to get ready for work and your house smells like smoke. Uh having lived through a house fire about 20 years ago, can tell you from personal experience, I jumped out of bed pretty fast. So, I just think that uh maybe the council needs to look at this again and possibly consider having these contractors instead of burning it off bear the cost of transporting it to a green waste facility. Um that's about all I have. Thank you.

Okay. Thank you. Thanks. I would just echo that my subdivision had the same situation come up and uh it was several months there was smoke. you know, you wake up to every morning. So, I think it's something that we really could and need to look at. Uh, you know, they say, "Well, you can burn it and they burn it efficiently, but still yet the smoke's still in the uh in the air." So, I agree with the gentleman. Trevor, [clears throat] would there be a way that we could maybe make an ordinance where they would just have to um not burn it, but maybe even um put it through a muler or something like that or

certainly I would recommend that we work with engineering and community development to see what other options are available to get rid of green waste. I just don't know I mean we could do that. I just don't know what the technicalities would be involved u about would it be efficient? Could it resolve that? Uh but we could certainly have um community development like I said engineering look at those issues. Yeah, I know that this isn't the first time we've heard that we've had to have the fire marshall go out because they a burning that was not in compliance or whatever. So, we probably should just keep a better eye on it. I think that's just come about in the last few years that they were able to to burn that out. We look at it. So, uh appreciate it.

All right. Item nine is general council business 9A consideration discuss discussion and possible [clears throat] approval of resolution 1734. Michael.

Thank you, Mayor. So, the council in my office received a request from Tulsa County Commissioner Kelly Dunkerly in connection with one of their capital improvement projects, road widening. And I wanted to share with the council members and those in attendance tonight that uh they've asked for the council to consider a resolution supporting the approval of a FEMA hazard mitigation grant. uh it's a part of the funding they need for the the road widening project on Garnett from 91st to 101st and more specifically in the request for council action it says the city of broken error has uh been requested to support a critical infra infrastructure project by Tulsa County involving the elevation of one mile of Garnett road from 91st to 1001st and 1001st and intersection by 5t to mitigate future flooding risk this project borders or is close proximity to Broken Arrow, Tulsa, and Bixby and will enhance public safety and and protect essential roadways in the region. I know they've asked for the same legislation and support from from the city of Bixby. Uh the project is a part of a disaster 4575 project Tulsa County 101st and Garnett infrastructure uh protection which is awaiting federal approval for phase two of FEMA hazardous mitigation grant funding from the US Department of Homeland Security Secretary Christy Gnome. The grant is reimburseable and valued at over $8 million. Tulsa County has advanced the project through all required FEMA steps and guidelines is ready for construction bidding upon approval. Uh, US Representative Kevin Hearn and US Senator Mark Wayne Mullen have previously advocated for this project. The proposed resolution expresses the city support and request prompt approval from Secretary Known with copies to Senator Mullen and Representative Hearn along with the Tulsa County leadership. Approval of the resolution will

demonstrate the city's commitment to regional mitigation without any financial obligation to the city. So, as the council members know, as a part of this request, there was a resolution and there was a draft letter for our consideration to the honorable secretary Christine Gnome for Homeland Security. So, that resolution, I would be glad to read it if I if if it's okay with council members. Sure. Um, so the resolution, it's resolution Broken Arrow 1734, a resolution of the city council of the city of Broken Arrow, Oklahoma, supporting the approval of FEMA hazard mitigation mitig mitigation grant funding for disaster number 4575, project 13, Tulsa County, 101st, and Garnett infrastructure protection. It says, "Whereas the city of broken air recognizes the importance of proactive hazard mitigation to protect public safety and critical infrastructure in the region. And whereas disaster 4575 project 13 Tulsa County 101st and guard infrastructure protection involves elevating approximately one mile of Garnet Road from 91st to 101st also known to Broken Arrow from Washington to New Orleans and the intersection of 101st by 5T to prevent future flooding. A project that borders or close proximity to to Broken Air Tulsa and Bixby. Whereas a project valued over $8 million as reimburseable FEMA hazard mitigation grant has advanced through all FEMA steps and guidelines under Tulsa County leadership and is now awaiting final approval from the US Secretary of the Homeland Security for phase 2 funding. Whereas timely approval will will enable the project to proceed to construction bidding and ensure continued momentum from earlier phases in benefiting the region regional community by reducing flood related disruptions. It says, "Whereas Representative Kevin Hearn, Senator Mark Win Mallet have previously expressed support for this project to

the Secretary of Homeland Security and whereas the city council broken air deems it in the public's interest in in joining this uh advocacy for the federal investment now be resolved by the city of Broken Air that section one that the city council hereby expresses its strong support for the approval of disaster 4575 project 13, Tulsa County 101st and Garnett infrastructure project for phase two of FEMA hazard mitigation, excuse me, mitigation grant funding. Phase two, that the council respectfully requests that honorable Christy Gnome, Secretary of the Homeland Security, provide fair and prompt consideration and approve this project at the earliest opportunity. in section three that the mayor is authorized to transmit a copy of this resolution along with a supporting letter to Secretary Gnome with copies to US Senator Mark Wayne Mullen, US Representative Kevin Hearn, and the Tulsa County leadership that the resolution shall take effect immediately upon adoption. Um, that's what's being asked. The council members have seen the draft of the letter to the Homeland Security Secretary. I'd be glad to answer any questions. Otherwise, in looking at this, you obviously council and the city hear a lot about why we haven't done something about this road and it's not within our jurisdiction. So, I'd recommend council approve this. And just a just a quick reminder is that in the 2018 bond package, we included funding to actually design the widening of New Orleans 101st from Olive to Garnett. And then that the road itself for construction is in the bond package for voter consideration because obviously that's a that's a fast growing area. A lot of people use that east, west, north uh routes right there. And so I think it's important to support this uh for all the reasons mentioned in this resolution. So hopefully that they'll cons secure the funding or the approval to go ahead and award the contract be reimbured so that road can be taken care of.

Agreed. It's been a long time coming. So, any questions or discussion? You had a motion. Yes. I'll make a motion that we approve the resolution. I'll second. [cough and clears throat] Roll call. Have to read it. I know. Thank you. Can we also get copies of the letter to take with us when we go to DC in uh March? Yes. And we can just keep it on. It's been emailed to us. No, I mean to like we can like the official letter. like an official letter on our official. I'll have it in the packet because we'll be talking about what we want to discuss with them and I'll make sure the cop Lori and I'll work to make sure that's in the packet. Thank you.

All right. Item B is consideration, discussion, and possible approval of conditional final plat for Spring Creek Crossing. Jane,

good evening, Madame Mayor. Uh Mr. Vice Mayor, Council Members, and City Manager, Mr. Spurgeon. I am planning and development manager Jane Hyurrick. Uh, here on behalf of Community Development Director Rocky Henle this evening. Uh, so as you mentioned, uh, before you tonight is PT0000984-2025, an application for consideration of a request for a conditional final plaque for Spring Creek Crossing. Oops. Can you answer one? Uh, the location of the property is north of Tucson Street, also known as 121st Street, and approximately one quarter mile west of 9inth Street, also known as 177th East Avenue or Lin Lane. Uh, the comprehensive planned land use for is being proposed. I'm sorry. Um uh the zoning on this property is RS4 and PUD 001360 and according to FEMA maps none of the property is located in a flood plane. Uh water and sanitary sewer are available from the city of Broken Arrow. Next slide please. Uh the property consists of 36.99 acres. Uh within the proposed plat are 132 residential lots and reserve areas for storm water detention and neighborhood amenities. The plat was reviewed by the technical advisory committee on February 18th, 2025 and by the planning commission on February 25th, 2025 uh where they recommended approval uh with a 50 vote. Uh, two citizens spoke on this item with comments regarding the landscape buffering and the construction process. Uh, the city council um tabled this item at its uh April 15, 2025 meeting to allow the developer to

address issues pertaining to erosion control, capturing storm water runoff, and general construction methods. On May 8th, uh, sever several city officials met with the adjacent property owners to discuss storm water issues, including storm water runoff and sediment transport. Uh, the plant was considered on June 9th, city council agenda where the item was tabled to allow the property owner to um an opportunity to address these questions and concerns um about these site issues. And since that time, the property owner has addressed the issues and therefore staff recommends approval of the Spring Creek Crossing conditional final plat. And I'd also like to add that courtesy letters were sent to the nearby property owners notifying them of this meeting. Um, the applicant is here and I'm happy to answer any questions.

[clears throat] could you uh give us uh the uh definition of I know it's looked at the plat several times but the conditional final plat what does that mean in the process?

Uh so when the preliminary plaque comes in it does not have all of the engineering designed. Uh we're looking at whether all of the lot lots are meeting all of the zoning requirements. um whether the streets would probably meet city um subdivision standards, uh whether the city can actually support you uh infrastructure such as uh water and sewer. Um it's more of a preliminary review. Um if it passes that then as alongside the conditional final plat all of the engineering work is done um to get into the finer details of um storm water drainage um grading paving uh drainage uh streets etc.

Okay. Thank you. You're welcome. Any other questions? Um I think and I asked Kenny this earlier regarding [clears throat] the PUD and the um the masonry requirements etc that I when we drove through are not being met. Um but in the PUD I don't know if you had a chance to to find out any more information. We did. I think I Jane did you have a chance to read through that? Uh very little.

Okay. PD-wise, it does not address masonry, but when um Kyle came and spoke to the council, he said in the in meeting minutes does address the fact that they would put masonry on certain of the housing and he would prefer to do it on all the housing and I think he's here if you'd like to ask him that question. Yep. Okay. Sure. Great question. Hi. Good evening, Mayor. You can stand up a little bit if you need to. Is that better? Yeah. Okay.

So, yeah, that I I remember the conversation because it was it was important because a lot of times we're we're we're not sold, but we're told that they're going to be the houses are going to have a certain look and a percentage of a house would have brick, etc. And then the houses get built and then they're not they don't have brick. um on some of them at all. And so um I drove through the neighborhood and there were a lot of houses that did not have brick on them. And so I was just curious um the Are you talking about the neighboring houses? We haven't built any homes in Oh, I am thinking I'm I'm off the item. You're fine. Okay. So sorry. Yep. Never mind. Scratch that. Kyle,

would you like me to answer the question anyway? Yes, that would be [laughter] great. So sorry. You got to put brick on. Yeah. So, I I know this was something that that not just um the council had questions about, but even some of the neighbors uh had questions and concerns about. And I've I've tried to be as transparent as possible. I've I've been in communication with anybody and everybody that's called or text or reached out or wanted to meet and walk the community. Um the comment that Kenny shared was accurate. At the time we were committed to do typically we were always going to try to do anything that's street facing,

highway facing just from an aesthetic perspective, protect the aesthetics of what you can see from the outside. Um, this neighborhood was um not affordable at the lease, but um it all comes down to will it will it comp out? meaning um if we put full brick on it, will the comps around it support it and will it meet appraisal value where the consumer, the customer who buys it doesn't have to make up a huge gap in appraisal values whenever they close. And so to avoid surprises, we like to know what our numbers are before I commit anything. Do I want to do full brick? Absolutely. And if the costs support it, I will do full brick. A lot of that has to do with timing. And so um with the conclusion of this meeting, we'll have more clarity on the timing and we'll have more clarity to be able to make those decisions and I'll be able to communicate that uh a lot more clearly. So

okay, [clears throat] a couple of questions. What's on the PUD as far as brick? There is nothing required. Um but there are as Kenny shared that you asked that question in a previous meeting and um asked me what I would be willing to do and I I said I will at minimum do front facing on the interior lots and then do four sides brick on any of the stuff facing the street. So but nothing in the PUD. Okay. Uh [clears throat] also I noticed as I was driving through it this afternoon that some of the streets aren't completed as far as uh finishing the black top wall on them.

Yeah. So, so that will be completed. Um, the Caller, who's the managing the development, would be a better fit to answer when that's going to happen. As far as the timeline goes, I would assume that that would be required before we would be able to start homes. I thought so. Um, and then any updates on the street, the traffic signal? Yeah. So, we met with staff and, um, I think it's ideal to install that when school is not in session. Um, so we talked about um having that installed somewhere around I think June was the ideal time frame. If I may

materials from the same place as as I was say if I may that was staff's request. We didn't want the construction out there with all of the traffic trying to pick up the the kids and school buses. So we thought through the summer months would be the best time. Plus, it's also difficult getting signals uh energized and uh on during a school season. Uh all of a sudden, you drive by habit. So, it's better to try to start a new school year with that. That makes perfect sense. Um so, by the way, I was thinking of honey springs. So, I had my springs in my Yes. Right. So, sorry. In my mind, that's what we were about to talk about. And I have But I can talk to him about getting full brick if you'd like me to. [laughter] Um I would like to talk about um flooding and absolutely

okay hit me. How how are we how are we doing there? I know we've got someone that's going to speak on it. So

yeah. So um I think it'd be great to hear from the engineers at some point to talk about how the design was set up to reduce water from where it was previously. Um they've told me that there was a 60% reduction in the amount of water flow that that goes onto the the neighboring property. Um, retention ponds are performing like they were designed. I actually walked the community two weeks ago, took pictures, video. Um, staff does have those videos and and pictures if you guys would like to see them. Um, but we went ahead and sawed all the backyards even prior to construction just to make sure that there's vegetation on the ground to just ensure there's not any more silt or anything washing out or erosion. Um but as there was uh January 8th there was about two in not two inches sorry there was about half an inch of rain in about two hours and so I drove out to the site immediately um took some pictures filmed it called Mr. Gary who's uh the Langley's neighbor asked him how it performed if he had any erosion or if he had any water and he said that it was it was a lot better than it used to be. So um I feel really confident that we've solved any issues that were there prior. Okay.

When those lots are completed, will most of the water on the lot go to the west then? That would be a good question for the engineer. Okay. I don't want to misspe. Sorry. Yeah. Well, Coun, it's councelor Greens. Um, Ward, have you had any We all pretty much asked the questions I was going to ask. Okay. So, [laughter] I'm sorry. That's fine. I would be uh interested to hear from the neighbor. I know I know at least one of them who's here. Um, but uh, yeah, I'm I'm listening. So, how about we have the we have two people to speak. We'll let them speak and then we'll have engineer and you come back. Sound good? Sound good? Thank you. Okay. Um, we have Jason Langley.

Good to see you again. Thank you.

How are you? Thank you. Thank you. That's right. Thanks, Jason.

Good evening, mayor and council. My name is Jason Langley. I reside at 6300 South Fifth Street. I want to address the staff report for the PT0 a lot of numbers regarding the Spring Creek crossing conditional final plat. While I appreciate the detailed background provided, the report assumes that the issues downstream have been resolved because the developer has solded the slope and cleaned sediment in the right of way. Unfortunately, actual field conditions show that these measures have not corrected the storm water problem and in some cases cases have exacerbated it. The staff response separates the situation into two issues. the construction phase of dirty storm water governed under OKR04 and OKR10 and permanent damage, excuse me, permanent drainage performance associated with the plat. But with the downstream perspective in South Fork, these issues may be legally separate, yet they converge into the same real world problem. Storm water coming from Spring Creek Crossing continues to reach South Fork in greater volume, velocity, and erosive force than before development began. The staff report states that the developers complied with the proposed solution by sotting the slope along the eastern boundary as of May 30th, 2025. But multiple rainfall events since that time have demonstrated that the soded slope is not functioning as intended as an energy dissipating surface. The sod is being overrun, undercut, and channeled, which is consistent with the excessive flow velocity beyond turf reinforcement limits. The slope continues to produce real erosion, sediment loss, and concentrated runoff, confirming the hydraulic load is above what saw alone can handle. This is not a construction housekeeping issue. This is the hydraulic and hydra hydraologic and hydraulic performance issue. And no amount of cleaning rightway or soding slopes will correct it. In fact, the developer's own actions solding the slope indicates they recognize there's a downstream runoff problem substantial enough to require interim stabilization. But stabilization is not a solution.

It's a temporary surface treatment and in this case a failing one. The core issue remains a Spring Creek crossing is discharging storm water towards South Fork faster and higher peak volume than the pre-development cond condition. This suggests inadequate detention attenuation, insufficient outlet control, lack of a dedicated engineered conveyance path, over reliance on a vegetated slope that is not designed for the observed hydraulic hydraologic load. Because of this, approving the plat today abandons the downstream neighborhood to a system that is already failing before homes are even built. Therefore, I respectfully request that the plat remain on hold, that the proposed engineer drain solution that I put in front of you be fully negotiated, agreed upon, and installed before approval. In July 14th, you kindly approved 25,000 in Gob Bond funds to design the drain system, which we are thankful for. 32 minutes in the meeting, Mr. Schwab stated clearly that the solution needs to be implemented before houses are built and the problem becomes more difficult to solve. Allowing the plat to be approved tonight allows building to start happening and we will end up in the same exact scenario. Thank you for your time.

Thank you, sir. All right. Uh Dustin Fletcher. Good evening, mayor and council and city manager, Mr. Spurgeon. Uh, I do have a video, so if you wouldn't mind, go ahead and start playing that. Uh, I was This is what my property looked like in 2023 before the land was clear. Obviously, we are still getting water outside in the uh storage garage.

[clears throat]

And uh you know I was here back in April of last year and nothing has changed. Unfortunately u when we left here on the last meeting we were told by the engineer that they were going to reach out. I mean he made that or she made that comment. Uh nobody reached out to me. Matter of fact, the only time I did get to speak with anybody was around July 3rd, July 2nd. Family and I was packing up for the lake and I happened to see Kyle out uh right in front of the driveway. They had hired a independent engineer and spoke briefly with Kyle and uh told him I was disappointed that I haven't heard from him and I told him I had issues and he directly looked at me and said, "Dustin, you have no issues." Now, this is the second video I've brought to council. Obviously, we still have issues. I was disappointed in Kyle's reaction. So, the city the independent engineer, I took him to the yard, showed him everything, he took pictures, and then he left. Uh, so, you know, I haven't had any contact since then. Uh, I let Mr. Spurgeon know on a conversation of what our conversation took place. Uh but right now, you know, where they have not uh come in and addressed anything on my property, I mean, they've already admitted fault. I mean, they've came in to my neighbor to on both sides of me uh and have done uh work. So, there's no question about them that they've messed up in some way or some form. So, you know, I've got damage um on my storage out in the garage, driveway, my patio, my fireplace, now my structure, uh my retaining wall. So, the evidence there, uh and like I say, they're coming into everybody and trying to do something,

but they are just flat out refusing to do anything on my property. And you can see right there, that's the cracks from the water on that patio that has and I just poured that patio like three years ago. So damages is occurring. Um, you know, I need to get my property back [clears throat] to what it was before all this construction has uh, you know, occurred and and the damages that that has happened. And you can see back there uh, of what that slope looks like. you know, they raise the elevation and so there's more water coming into South Fork. So, if you haven't had the opportunity to come out there and just look, you know, I'll use it simple. It comes in like this. Here's my house. Very simple. So, any questions?

Any questions? Thank you for your time.

Okay. Thank you. to either of you, either the engineer. [cough] Good. Sorry. [clears throat] Sorry. Good evening. U my name is Megan Pasco with Tanner Consulting, 5323 South Lewis Avenue. Um Tanner Consulting is the civil engineer and surveyor for Spring Creek Crossing. Um, with me today I have Justin Morgan, who is the owner of Tanner Consulting, and also Kyle Richardson, who's division president for LAR Homes, um, who you've heard from. Um, since we were here last, I wanted to give you a brief summary of some of the things that have been going on on site. Um, Kyle went over a lot of it. Um, but since we were here in June, construction is 98% complete. If you drive by, there's a stockpile of dirt that we're working on getting rid of, but that's pretty typical for pro uh project at this stage. Um drainage is functioning for the approved city design. Um we have a very detailed drainage plan that has gone through multiple reviews with your city of Broken Arrow um engineering staff. Um and it has been approved. We have that in writing multiple times that the city of Broken Arrow has reviewed the drainage drainage plan um believes it to be compliant with um city of Broken Arrow code um and we have implemented that design um in the field. Uh we have worked myself and and and mostly the land owner uh Kyle Richardson with LAR um we've worked with land owners or existing homeowners on the west side. um they requested that we preserve some ex existing trees along the west side of the site. So, we worked with um them, the contractor, and your engineering staff to determine which trees could be saved along the west side of the site um while protecting your the city utilities in the area. So, we

appreciate their help with that. Um we have increased the reserve area on the east side of the site from 50 ft required in the PUB to 70 ft. Um, we gave up an additional 20 feet in the home's backyards, um, and put it in that reserve area that's going to be owned and maintained by the HOA to provide an additional buffer on the east side. Um, as um, Kyle mentioned, the traffic lights going to be installed um, this summer. Won't focus on that as much. Um, and we've met, the land owner and the contractor have met with neighbors um, as needed to get yards cleaned up if there was any sediment that was transported offsite. Um, so that has been ongoing as well. Um, today I believe that all of the requirements that you left us with um, when this item was tabled in June um, have been addressed. We've worked, we, you know, me, Tanner Consulting, uh, the developer, the contractor, the land owner, we've all worked really hard and worked with the neighbors to get these items addressed, and we believe we are there. Um, I can answer any more specific questions you guys may have, and I know Kyle can answer some specific questions as well if you guys have some. So, not not trying to to start an argument or disagreement between two people here, but how do you respond to the videos that Mr. Dustin just brought? Are you are you under the impression that that water flow is not coming from your property to his or

I um in those videos it appeared that it was actively raining. So, I believe that the water that you are seeing first of all is likely the water that is falling on the property while it's raining. Um, and again, as we've kind of we've talked about this, you know, quite a bit or I have I feel like I have talked about this site for a long time. Um, the existing conditions, there's always been water flowing from the Spring Creek site east um towards South Fork. That's an existing condition that we've documented. So there's always been water flowing east. Um and our report shows that water still flows east. It is just less water than um once was, you know, so we're required to um we can only discharge water at peak rates that are at or below existing conditions. Um we've reduced the water flowing east towards South Fork by about 7 cfs or about 40ish%. Um, so I did not see anything that I was alarmed by in the videos presented by Mr. Fletcher.

I would also like to hear from our city staff, Mr. Kenny or Charlie. Um, regards your comments to I know they said um, thank you very much. Yes. Um, he mentioned that you guys have talked with them and things were in compliance. Would like to hear your take on

uh, certainly. So, if you'll remember, uh, [clears throat] originally the, as Megan said, Spring Creek drains to the east through South Fork. The developer of South Fork in 1993 did not install a storm sewer system to pick up the offsite, actually miscalculated it, said there was only one acre flowing onto South Fork when there was five acres flowing onto South Fork, and filled in the drainage way so they could build the homes. what Tanner has. So they've taken three acres off. So have they reduced the flow? Yes, they've reduced the peak. Have they reduced the volume? Most likely because now that flows to the west, gets into the public storm sewer system and goes to the detention pond. There is less water flowing onto South Fork today than what there was before they started. Fact. provable by many different science methods uh methods accepted by the city of broken air by our design criteria manual. So are they in compliant? They are in compliance. Do they meet um standard practice? They meet standard practice at the state lo uh the local, state, and federal level. Um we've scrutinized that design inside out, upside down. I asked Tanner personally to use a different method so we could take a look at it and see if that method showed a problem. They did. They didn't have to. They were in compliance. They took a look at it and they both uh through the process have shown, hey, during construction there was a problem, but during the permanent condition there is not. They've reduced that. Respect to Mr. Fletcher's videos, that's the first time I've seen them. Thank you, Dustin, for showing those. I agree with Megan. the rain was coming from the property and it was all on property. Matter of fact, in some of the video in September

that he showed, it looked like the flow was going away from his house. So, if it's flowing away from his house on his backside west, it's actually flowing towards the Spring Creek property, which is where it should be from the contours that we've seen. The flow down his driveway is his house and his driveway flow. That's not Spring Creek. That's his own property. He showed a tree out front on the public street with a lot of erosion. All the sediment that's been in front of his driveway is from that tree uh and that retaining wall, the brick wall around it. And that's pretty clear. You could see that in that that video. So, we've been dealing a lot with the sediment that's actually coming off their own personal properties out into the street. Um so, again, they have reduced the flow and they are compliant.

[clears throat] I thought we were looking at a process to where maybe we could help the situation uh a little bit further north from there.

Yes, sir. So, remember going back to South Fork in 1993, that flow goes through there. Uh the existing flow goes through there because that developer and home builder changed the drainage path and it's been that way since 1993. They changed it. uh staff working through our bond program, the 2018 uh Prop Six came up with what if we pick it up at that low spot on Spring Creek and route it through Spring or route it through South Fork. Working with the citizens, they said, "Hey, we'd rather go to the north if possible, which is keeping it completely off of South Fork." Tanner, well, let me back up. uh April the 25th, the DAC recommended that we spend $25,000 for design to do the design for that solution or potential solution. We brought it to the governing body 1st of May. Uh I think that's going to be May the 6th if I got my dates right. Uh they approved the $25,000. We reached out to Tanner to see if we could get a contract with them to do this design. They did it without entering into an agreement with us. They can speak speak to the details, but there is a design in place that would capture those the storm water of that remaining two acres because they took three acres off that remaining um storm water instead of going through South Fork, pick it up and go do north and um release it to OTAA right away. We've got a few little comments that we've turned back to Tanner. Just gave it to them I think last week. So that's on us, not them. But they're real minor comments. Um, so that is an approvable plan.

Is that what we're looking at here? Yes. I I don't have that. So you can have it if you like.

But I will I will say the recommendation. I think Mr. Langley um said 32 minutes into that presentation, I said that needs to be built first. Absolutely. I still agree with that. But as your professional engineer and an assistant city manager, I cannot recommend to the city manager and the governing body that we go uh spend money and build that when the parties will not meet to discuss. We've reached out to the Langley's attorney a couple different times and said we would like to meet collectively with you, all the other party owners in South Fork and Spring Creek property development team. and their attorney has said, "No need to meet, just build it." I cannot recommend to Mr. Spurgeon and this governing body that we do that without meeting. So all parties understand that buffer they want with those 80oot trees, 75 ft wide will come down and that buffer won't go back. We're going to be 20t deep, 25 ft deep in some places. We need to meet. Mr. Langley reached out to us on October the 4th, asked to uh talk to Mr. Spurgeon, email communication back and forth. I tried to get a meet or he tried to get a meeting set up and in his defense. He tried to get a meeting set up and I want to meet with them, but only if there because they have attorney, we have to go through the attorneys since October the 25th. I haven't heard anything at this point. I would still highly recommend that the city of Broken Air sit down with all parties and discuss this potential solution. It it will help, but everybody has to understand um what's going to happen. I mean, trees are coming down. The very buffer that we heard so much about from all the citizens, we don't want to see the homes next to us. We want to see trees. They're going to be gone. I I you can't put in a storm sewer that's 25t deep without taking out trees.

Hopefully that answer your questions. So, yes. Um this I guess a question for um Ralph Shinar, Tanner, whomever. Um so if if indeed this conditional final plot was approved, is this something that would go ahead and be done should the parties decide to meet and agree with the city or if the conditional final plat's approved, is this out the window? So, I have to be careful what I say because they filed suit against us. And this was actually a conversation we were having with the city and the neighbors to partner and do above and beyond what we're required to do, right?

And we were surprised by a lawsuit which we had to press pause on the whole project. So, that's what's kept us from already being done at this point. Okay. If I may, Mayor. Yeah. The drainage system that we're recommending putting in is not necessary as a part of the PLA and the improvements. They meet our criteria. They comply. The runoff is less than what was going before. Is it a good solution? It's a great solution for all parties involved. So, just for point of clarification.

So, [clears throat] you're in agreement to recommend proving the plant down. If you're asking me, I recommend proving the plat that they comply. And I still would love to meet with all parties and see if we can come to a very good solution for everybody, good neighbors. But um the attorneys have to be willing to meet and the property owners have to be willing to meet. Broken Air has been willing since May.

I yield my time. Madame Mayor, [laughter] would delaying the plat help negotiate get everybody together? It hadn't. That's not a question to me. That's probably a question to the property owner. Delaying the plat would actually probably do the opposite. Um, and do you do you guys mind if I address some of the things that were said? Um, so one of the comments uh Mr. Fletcher made um

we're refusing to do anything on his property. There's never been a request to do anything on Mr. Fletcher's property. Um did I say thank you

that you don't have any issues when it came to silt runoff into his property? Yep, I did because there's not. And if you walk the property, you'll see there's a big burm behind his house that funnels water towards Mr. Gary's yard, which is where we had all the issues. And I have been in touch with Gary every single time that it's rain. I walk his property. I call him. I check on him. We've taken down trees for him. We've cleaned up his yard. We've done anything and everything to satisfy him. Um, and he, as of last week, was extremely happy with the results. Um, on top of that, there's never been a phone call, a text, an email that I haven't responded to. There's never been a request to meet that I haven't shown up to. Um, I don't know of a single community that I have been as involved in my role at Rous Coleman or LAR that I haven't been not just this transparent, but this involved in the whole process. Um, the other thing I would just mention in regards to Mr. Green's question about the the video you saw. I don't know if you guys remember what last spring was like, but I have videos of my own patio looking like that. And I've never had water issues. I've got artificial turf that drains perfectly and a pond in my backyard where everything runs off and my whole back patio was flooded because it was the worst spring in terms of rainfall that we've ever had in Oklahoma. So, I'm sure those videos were conveniently taken on days that we had one of those flood rains. So, um, the answer is yes. I do believe that all that water is coming from his property, not from the Spring Creek property. And it funnels actually over to his neighbor Gary's and goes between Gary's and and Jason's yard. Um, which is what it has done for years and years and years and years.

Mayor Kenny. Yes. If I may, Mayor. Yes.

Um, Kyle brings up a great point. If you'll remember, April the 15th through June the 15th, that 60-day period, that was the wetest April on record, the wetest April and May on record, the wetest April, May, and June on record. By chance, uh, the city of Broken Arrow was actually doing a sanitary sewer evaluation. So, we had flow monitors in our system. Mr. Robbins brought it to my attention well into this, and I said, "Pull the data. I want to see the data." So, we actually compiled the record, the data from April the 15th through June the 15th, basically a 60-day period. Uh, and I know that we had talked about a lot of the rain, and some of the property owners said, "No, it hasn't rained more." We had almost 24 in of rain in 60 days. Our monitors were about a mile to 2 miles, 3 miles apart. Mezzanet is somewhere around 30, 40, 50 miles apart. So, you triangulate. We had three monitors we triangulated. We had just under 24 inches of rain at that point. We also it rained 34 days out of 60.

34 out of 60. So if you strip the whole and we weren't having this problem just at Spring Creek, we were having it throughout Broken Arrow. BSY was having it. Tulsa was having it. I know was having it. Koita, everybody was with 34 days of rain. You strip off all that vegetation after that dirt gets saturated after a couple of rains. It's like concrete. So, you're getting a lot more runoff during construction until they regraded it, got it all sorted, and got it in place. It didn't didn't happen overnight. It took time. Then the runoff decreased. The important thing here is it rained 34 days out of 60. That's what all the construction sites were dealing with. I think one of the videos though was from September,

correct? But the one that was shown that it run off down his drive and then actually like Kyle said, it actually drains away from his house and back towards u the west boundary line. When you build a home, you don't build it in a bowl. You raise the foundation up. Building code actually requires that the drainage be positive away from your house. 6 in drop in 10 ft if I recall correctly. So, his house is up a little bit and the water is actually running off. If you're if you watch a lot of rain and videos, you can kind of tell that it's going away from his house. [snorts]

I was going to say this matter is under council's legislative discretion. So, actually they've met all the requirements, but if you know if council has a desired maybe ask the maybe ask the applicant to come back. I mean, Mr. um Langley to come back and see if he's willing to meet. That's what I was going to recommend. It's good because it sounds like to me they have two choices. Come back up. They can either keep the trees the way they want to or they can fix the flooding issue. That's right. And that's what they need to decide on is that's my understanding.

Thank you for the chance. Um he was we had a miscommunication. He was going to play some video. I just I know you're tired of seeing videos and I promise I'm tired of taking them. [laughter] Trust me. But uh this is a month after the sod was installed and as as uh Mr. Richardson pointed out we show that with Gary and we had one substantial rain and it was at night time and it's kind of hard to see but the lightning helps. That was one month after the sod was installed. So that house was built in 1993 and if you tell me that I've lived there for 7 years and I've never come here and asked for help before because that's normal, you got to believe that that's that just can't be the case. So, it's really hard to hear that the water flow has not increased. [snorts] I have video that that's a timestamped video and it's not my backyard. It's the same area you've seen through the last two years of me coming here and trying to get your attention, which you've been gracious to offer. Um, as far as the um the meeting and all that, uh, we've had no problem. I've reached out to several people and the city staff. Um I feel like I've been nothing but pleasant and cordial. That's not fair.

That is very fair. Okay. Um because yeah, no argument there.

I understand that um [clears throat] this I never wanted to come to any of this. It was a how [snorts] do I compel because we went through five months of talking with directly and no action and no followup uh with with the uh during the beginning with the the crew back back there. Um, Kyle Richardson did come to my house. He did answer my texts. He was great, but there was never any action. I didn't know what else to do. I've never done anything like that in my life. Never want to again. Um, so the what you saw in there was the the drawings that were and that seemed like a good solution. It ties into the existing sanitary or excuse me, storm sewer that has been put in place. It seems rather minimal. From what I understand, there was a meeting on December 15th with the city. Um, and it comes down to uh I talked to Mr. Charlie Bright last week on the phone. He was kind enough to call me back. Um, he stated that essentially the no move would be made because of uh the litigation even though the city is not in party to that and uh there's no intention of that. Um, he said, "Well, if you can't figure that out, then we can't do our part." because from what I understand, the developer was offering to pay for material um and they were asking the city uh for labor, maybe the other way around. There was compromise there and I am all we've ever wanted. This isn't a money thing. It's we just want to drain and I feel like we're getting close.

So, the question is St. Do you want to have this meeting so we can move? Absolutely. Yeah. I've been I've been trying to um I I think I can't speak for for uh the attorney, but I think the impression I've received is he's like, "Let's get the drain in and then we can just close this out and move on." That's it's just the drain. So, is this your attorney or someone else's attorney? It's mine and my wives. Yeah. Okay. Yeah. That's And you know, I can't So, then you're at the discretion to direct your attorney the way you want to go or

Yeah. I mean, we're we're just working together on it. He understands the situation I'm in and I'm he understands my wife and I's cander on it and we're just we just want the water to stop flowing like that. Luckily, the rain stopped down and to his point, yeah, was the wetest record. Um, but it's kind of lucky for us because that's not it's not like it's never going to happen again. I mean, it showed us what it will do ahead of time while we can still hopefully get it fixed because we'll be there long after. I've said that a hundred times, so I'm sorry to repeat myself, but we'll be there long after the houses are built.

So, our standard of practice is when a resident is represented by an attorney that the discussion is now between our attorney's office and their attorney. Um, Mr. Langley is represented by attorney. That's why we have not been able to meet because we have talked to his attorney and he said he's not willing to meet. If if he

you either I mean you have an either direct them or we or him say we can meet. We're we're willing to meet. I think the other uh property owners have been too. We have an basically an approved solution. I think money's in place. We just need to meet and this is again separate from the plat. It is separate. You say that it is but it's difficult to vote for the plat. You see there's a problem there. Understand? So, I would prefer them meet before we, you know what I mean? Agree. If they choose not to, then we're which is where we've been. It's not on the part of

Yeah. Can we come on? I'm sorry, mayor. You're you're chair, but

but I agree. I mean, this this is what we've been trying to avoid is more delays because here's the reality. There's two separate conversations. One, have we met everything that we are required to do to get an approval for a final plat? The answer is yes. Is there other things that we have volunteered to do to help just to be good neighbors and good partners? Yes. The only thing that stopped us from moving forward was a lawsuit. Here's the issue. Even if you guys delay this plat and they want to meet, we're not doing any work as long as there's no release on a lawsuit. If there's a lawsuit pending, we will not touch anything. We will not be a part of anything. I would imagine that the city probably wouldn't want to touch anything. So the reality is it I live in Broken Arrow, okay? I have to do the right thing because my reputation matters. And all I'm asking is you make a decision off of have we done everything that we've been asked to do and let us resolve this drainage issue the right way. And if he's willing to release us from a suit, I promise you we'll come to a good resolution that's good for everybody. But he's got to be willing to do that. And I think that everybody is wanting to move forward and get this behind us.

During one I'm sorry, go ahead. I'm sorry. Go ahead.

I was going to say during one of the presentations in May, the question was uh and I think it was from Mr. Langley, why would the city even be willing to participate? Because Broken Error tries to help its citizens, its residents. Uh bottom line is this should be an assessment district on South Fork. South Fork did not put in the proper drainage system back in 1993. Even if it wasn't by criteria, it was standards of practice. You don't fill in a a a drainage way. You don't fill in a creek. You don't build a house over it. You put in a storm sur pipe. There's no way in the world that these 810 residents would approve an assessment district to go back 32 years later and assess themselves. Thank God that Broken Arrow has Prop 6 because it gave an opportunity to address this issue. So, I do agree with Kyle. If we can get everybody to the table, make sure everybody understands what's going on, everybody uh do their releases, let's build this thing. It'll it'll work. insurance.

Yes.

Just want to go on the record and say Mr. Spurgeon and Kenny, they came out uh after we in in April and they did come out had a phenomenal meeting with all of us. Um I don't know what else to do [clears throat] when I've had a conversation with Kyle and I said I have problems. I mean, he looks at me and says, "You have no problems." I mean, what am I what am I supposed to do now? When I when all this first started way way back 2023 maybe or 2024 when the first guy tried to come in and buy the land, [clears throat] I came to the planning commission because I was asking questions and I said, "Hey, Robert." I said, "Give me the worst, you know, what do I do if if something the worst case scenario?" And he was like, "Well, what's the worst case scenario?" I said, "Floody. if I go if I flood. He said, "Well, you come to the city." Perfect. So, this is what I've been doing is just coming to you guys because you're you're my last hope. And the fact that they've came in, you know, the the five homes that are there uh on the street, five or four, they've came in and, you know, they're doing everything, but mine is clearly being ignored. Now, I've got pictures. I mean, I know you can only show so much. I've got to show where the dirt is coming from. It's coming right right back from that land. I'm sorry, Mr. Green.

So, let me ask you this, cuz and I've I've heard you and and you and I have had multiple conversations and I've been there in the neighborhood. Um, you know, and you you bring us your pictures and videos, but Kyle says you haven't specifically asked him for anything to be done. What have your ask been or do you have an ask of Ralph Lenar?

So I believe it was the the land uh that was moving in the dirt. That was the first talks that we were saying, "Hey, we got issues." Yeah, we'll get on top of it. Nothing happened. Okay. Then when we came here in April, Megan said that she was going to reach out to us. It's on video. So didn't hear anything at all. Then I happened to run into Kyle out there. and and we had a good talk. I was disappointed in his, you know, answer to me, but when when the guy that's pretty much the main figure around everything and they tell you you have no issues, I mean, I don't I I don't know what it's do. I don't want to I don't want to seek legal counsel. You know, I can come here and debate with you guys because you're you're my last hope on this issue. Uh but if you came and you looked at the design, I mean, like I say, it comes and slopes down. They've raised the elevation. If this is my house, I mean, it's I'm looking up at a hill and they keep on saying, "You're you're at the highest point." I am not at the highest point. I mean, in in the video, I mean, my structure is flooding out there.

So, are you willing to meet for this option? I'm willing to neighbors and I'm willing to meet for whatever we got to do to get this this drainage this flooding stopped and to get my property back to what it originally was. Absolutely fantastic. So, I appreciate it, but I just wanted you guys to, you know, I think that's the best option on that. So, thank you. Thank you. [snorts] Okay. Anybody else talking? No, that was it.

Go ahead. Go ahead. Well, you're chair. I thought you had something else. Yeah. Um, so if you're saying that this is going to solve the issue Yes, ma'am. Um, then I think we I mean it seems we need to be looking at this and doing this, right? But you're saying we can't do it as long as there's a lawsuit or that Lenarch is not going to take action.

So it solves the issue that was created in 1993 by South Fork, not Spring Creek. Spring Creek is compliant. Um, it will solve the issue that issue. My recommendation to the governing body is to meet and make sure that everybody understands what's going on and everybody has their assurances from their attorneys and their proper releases. There is a lawsuit in place. We are not a part of that lawsuit.

Uh the last conversation we had was uh Mr. Langley's attorney called our staff and said or our our attorney's office and said that he w he was going to include us. So we need to make sure that everybody is has the asurances they need to move forward. This is a very good solution. U parties are willing to do it if we can get everybody to the table. But again they are compliant. But you're feel that conditional final plat is satisfied. I'm sorry sir. You're con [clears throat] you're convinced that the conditional final plat has been satisfied.

I am sir. So then there's no they're just going to be up to them whether they get together and meet. Is that correct? Uh and I we'd like to be a part of it, but we don't have to. If they can get together and meet and discuss this uh as Kyle said is a solution above and beyond that basically supersedes doing an assessment district on Southwork. Yes, sir. Well, I make a motion that we approve the conditional final plat. Uh I sure hope you guys get together because you know I don't want to be a part of this for a council 30 years down the road uh or anything. So uh I I'll put along with that keep us informed with the meetings and put include that in the motion.

Okay. Is there is there any action that we can take if they if it does not get resolved because clearly there's still flooding they didn't have before Spring Creek came in. have any thoughts, J? I have to defer to the technical knowledge of our staff. And so [clears throat] when they say that they've met all the planning requirements, I have to take that as as I have no reason to doubt that.

And so this is a separate settlement issue really involving two different neighborhoods that the city can play a role in helping to mediate. And so I think it is important that all the parties do sit down and that whatever that settlement agreement would look like that everybody agrees to this solution because if everybody's not on board and that the city just went full steam ahead and built this I don't see that being a solution that is going to meet everybody's needs and have their their interests heard. Sure. So how many building permits comes with this conditional final plot was there 130. So this would be for all the permits

132. Uh the plat uh it was 132. So the conditional final plat would be able to release all of them.

Is there I'm just thinking out loud here. Um, is there an option to release X amount so they can get going? Or I guess they're not going to get going regardless until the lawsuit's settled. So, I mean, it's not our it's not our job to tell somebody what they can or can't do with their lawsuit. But even if we could even if we approve this, they're not going to do anything because of the lawsuit from what I just heard. If I may phrase your question, I I see what you're thinking, Kyle. Would there be a way that you do the east side of the property last to give us the longest time to get in there? And and you can still go in afterwards. It's just best to do it beforehand. I mean, we're willing to do whatever we need to do to do the right thing. And like I said before, this isn't the first community we've done in Broken Arrow. This won't be the last community we've done in Broken Arrow. I have a reputation I have to uphold and I know I'm going to be standing here one day looking at all of you in the eyes and have to say, "Hey, I'm a man of my word. Um, I'm I'm going to do the right thing." And um we're willing to partner with the city to do whatever it takes to to help the neighbors resolve any addition any issues above and beyond what we're required to do. But we can't do it as long as there's a lawsuit pending. I can withdraw the motion if you want to change it.

Yeah. To half 50% or whatever. You've been quiet. It's not my word. It's not my word. It's your city. It is my We all represent the whole city as you always say. I mean, I what what I would like to see is for them to sit down and come to a a solution. Either keep the tree. It sounds like to me they either keep the trees and continue to deal with the flooding or take care of the flooding and get rid of the trees. To me, that's as simple as it is. I can't make that decision for them. They're going to have to figure out what they want. But they need to come together. You all need to all come together and figure it out. But our decision is on the fly. Yeah.

But staff has recommended that it's approval. So I don't want to get involved with the lawsuit either. So you know what I mean? to modify it maybe is one thing but to vote no on it I think would you know since it's been recommended for approval would be a problem also right

so uh uh I still say I'd like to know 30 days from now if they've been able to meet together I don't know if we can do anything but we can you know what I mean at least tend to so my I still then when my motion still stands that uh to uh approve the conditional final plan I I if I can, mayor, I we did meet on December 15th and we discussed a traffic signal and we have an understanding that only uh so many building permits are going to be issued until that traffic signal is installed and Kyle and his team has given me their word is that they will get that traffic signal installed. We also talked at that time is they are committed to completing this work. So, I would like to see the count and I also say is the the flooding is a very emotional issue and they're the two nicest uh residents I've ever had to deal with because their properties had flooding. And so, I I believe the meeting is going to take place. I believe it's going to get resolved. I will make sure that I continue to work. So will Kenny, so will Charlie Bright. So will Patrick Wilson. And so I think we need to move forward. I'd like to recommend the council to move forward and staff will continue to work because I think Kyle is right about his reputation and the reputation of getting things done and hopefully we can get together. We'll report in 30 days where we're at.

Okay. Well, Kyle, we're holding you to it. Okay. You need to take care of them. Okay. I'll second that motion.

We have a motion and a second. All right. Item C is consideration, discussion, and possible approval of comp plan um change for Onita 71. Jane, good evening again. Uh comp plan 002532-2025 um is approval uh request for consideration of a comprehensive plan change from level one rural residential greenway and flood plane to level four commercial and employment nodes. Look at that. It works. Uh the property is located approximately 1/8 mile north of the northwest corner of East Kenosha Street uh also known as 71st Street and Onita Road or 241st East Avenue. The property consists of 8.8 acres. However, the property owner also owns three parcels to the south with this parcel um amount to a combined 16.875 acres. Currently um as I mentioned the comp plan is level one with flood plane to the west side. Um no development is proposed for that flood plane area. Um the current zoning um the applicant intends to submit a request to change the zoning from AG agriculture to CG commercial general. Um, property to the north is level one in the comprehensive

plan. Uh, agriculture for zoning and the use is residential estate. Uh, property to the east is level four zoned agriculture and is land [clears throat] use is residential estate. To the south is level four. Um, the zoning is agriculture and land use is agriculture. And to the west, uh, land use is, uh, level one, zoning is agriculture, and there's currently a power substation there. During the December 18th um 2025 planning commission meeting, two opposition forms were submitted and one nearby property owner voiced concerns regarding increased traffic, pedestrian safety, noise and light pollution, depreciating property values, nearby competition of other stores, increased litter, and a decreased quality of life. The applicant stated uh that development would comply with all city development standards, codes, and ordinances, that a traffic impact analysis had been performed, and that sidewalks would be un installed on both Kenosha and Onita. The planning commission recommended approval uh with a vote of 50 um of this request. And so based on the comprehensive plan, the location of the property and the surrounding land use, staff recommends comp 002532-2025 be approved subject to the property being platted.

I'm happy to answer any questions. Yeah, on that map that you're showing, it doesn't show that the the property to the south, which the applicant owns, is already CG basically. But on one of ours, it shows that it already is. So it it's already reszoned, right? It's not agriculture. You're correct. My understanding is Yeah. Correct. And so when I first learned about this piece of property, I I wasn't aware they owned the corner lot as well. Okay. Um and I thought they were just wanting to pick up that piece of property randomly in the middle of Right there, man. [laughter]

Yeah. And I thought, "No, that doesn't make sense whatsoever." Um, and I even I spoke with someone from the applicant this week and I still didn't understand that until tonight actually that they um owned that, which makes sense now that they would want to connect that. And now my question was to them when I talked to them was um where where are the where are the entrances, right? Um because obviously Onita Road cannot handle it's a two-lane basically. it's like a county road um and can't handle. So, they did put a grocery store conceptual site plan

um and of course planning would have to be done, engineering would have to be done. We'd have to look at driveway separation um and all the turning movements there, but um this is what they're proposing. Uh some of the driveways would be shared um with the gas station at the corner. Um, and the recommendation actually they're showing uh right and left turns off out of Kenosha. Uh, staff's recommendation was right in right out only on Kenosha. Uh, if they want to turn left, they should go out at Onita and take left at the red light. So, and and when I spoke to the applicant's representative last week, I specifically asked if there would be any Onita Road entrances, and I was told no, that it would all be off of Kenosha. And now there's two

entrances, exits off of Onita, which doesn't make sense to me because again, that's a lot of traffic to put on that road. um instead of being on Kenosha, which would um seem to make more sense since it can handle the traffic. If I may, does anyone else? Well, did you say there was a traffic study or they still need to do a traffic study? They have already done one. It's about 94 pages long, but we're happy to get it to you if usually we get that to be able to look at it if one's been done. Sure. And the study was on as well, or was that just on Kenosha? Okay. Yeah, but we're not approving that tonight. We're just approving the uh comp plan.

Just the comp plan, right? Can we summarize that 94 pages for the council members? [laughter] Right. Could you read that for us? That'd be great. That there would be no uh significant impact to uh traffic movements. So, what are we what are we looking at possibly going in here? A supermarket and gas station. No. Um how about to follow up with your question? How about the north part up there uh that they're building back in there? Isn't that part of this uh flood plane? I don't think they're building anything back there. It's all flood plane, right? Um the northwest side. No, that's flood plane. Yeah. Okay, that answer my question now. Okay.

But tonight is just the reasonzoning, which it's just the comp plan. Comp plan. Yeah. Going from I think what level one or level? Yes. Level four. One to level four. That's all tonight. Okay, we can address we would address all the engineering uh even scrutinize their traffic impact analysis and quite possibly require turn uh dedicated turn lanes and stuff like that. Okay, any more questions? Questions? Thank you.

Hi Hi, good evening. Natalie Cornet with Ellen Dietrich. I'm here representing the applicant. So, I just um wanted to staff summarized pretty much where we are. This is just a comprehensive plan amendment. Um the reasonzoning application was recommended for approval at the last planning commission meeting. So, it will be coming to you in February, right? Right after this um is uh if the council chooses to approve it. Um this is will be a for proposed grocery store approximately 42,000 foot grocery store with a um fueling station and sea store at the corner as well. This site plan I just as the council knows is extremely preliminary um and certainly not should not be considered final. Um so and we will absolutely work with staff um and engineering through zoning and platting to ensure that we um get all of our ingress egress where they need to be um and to make sure we're getting safe traffic movement through that signalized intersection. So um but again that is that's coming for us and we're ready for it. Um the just I briefly wanted to give the council a quick history of this property. It's gone through several um zoning and comprehensive plan iterations that have never come to fruition because it was never platted. But in 2017 that there was an application for this to be level six. Um and then in 2024 um a proposed mini storage and IL zoning through a PUD and I I don't know how far those got if they were approved just hadn't been platted um or or where. But um so this property has been considered at least for over the past eight or so years to be for um higher uh uses like industrial and this would be lower as

just commercial. But I'm happy to answer any questions the council has for me. [snorts] I always kind of thought that it would be commercial at some point on that hard corner. Um I I was just taken aback when I originally thought it was just they were I was like what why why would you do that? But yeah. So, um, any further questions or discussion? Did this gentleman that gave us the paper Oh, yes. So, sorry.

So, sorry, I almost [snorts] skipped Colton. So, we do have one um resident sign up to speak. Thank you, Councelor Ford. Colton J. Good evening, uh, mayor and and council. Uh, thank you for allowing me to to speak. I did want I've got a couple of honestly issues that were, uh, given whenever she was, I guess, going through like the information of the the planning commission meeting that we had. Um, that was not a 50 vote. That was a 3-2 vote. Um also um we were told that there was it is very difficult for us because we don't get any of this information whenever it it is we get the letter in the mail and and I've talked to many of my uh neighbors right um about this and and I think there's only three of us that got you know notice for a public hearing and things like that. So, um, you know, and I've talked to those and unfortunately some of them can't be here tonight. But, um, in the in the previous meeting, I I was told that, um, I I got up and spoke and, um, I prepared everything thinking that it was going to be a gas station, right? Then the gentleman, the representative got up and said, "Oh, well, it's not going to be a gas station, so, you know, none of that really matters." Essentially, um, and that's whenever we learned it was going to be a grocery store. So, I've prepared information to to speak about that. Um, uh, sorry, my name's Colton Jay and I live 6975 South 241st East Avenue. Um, in Broken Arrow with my wife McKenzie and and 2-year-old son, Jack, it's literally right. I mean, looking at this, it'll be facing the uh the grocery store and gas station. Um, I have some information on on Broken Arrow grocery

stores. Um, and the reason I look at that is cuz this property already has uh 7.6, I think, acres zoned for commercial. Um, and when you look at like a Dollar General, that's directly across the street. That's considered kind of a grocery store. Um, you look at a Reese's 6.4 acres, Trader Joe's 2.6, Aldi 2.17, Neighborhood Market 4 acres, Sprouts 2.6. The only two that are above uh, you know, that 7.6 six acres that they already have zoned um to be able to build something like that are going to be a Walmart super center which is two miles down the road do much more than just grocery. So that's you know I would like to really double down on on um what maybe you had uh brought up with no need road. Um, I've submitted some photos and things like that of that road and it is a county road and it is not uh I believe fit to to handle any more traffic, let alone uh those entrances where trucks are going to be coming in the back of that facility for deliveries um right in front of my house um early evenings, you know, late at nights. Um, I've also submitted a uh picture of, you know, from one of our bedrooms where we get light pollution from a

finish with that from a um uh Dollar General across the street that's over 400 yards away. And I mean, you can see the amount of light that we have to shield um and block um from that in each, you know, um that I mean, that's what I have as far as the amount of flooding. I mean that Onita road, it flooded this past year, of course, with all the flooding, and it has flooded in years past, and it it's just I don't think that road can handle any more traffic, including big trucks.

And so, Colton, so what'll what takes place tonight is the comp plan change. Um, but we'll address these concerns that you guys that are clear concerns um at at the next phases. So, um, tonight's vote is it's for different, but that plan is not set in stone. Yes. Okay. Okay. I just wanted to make sure that because sometimes the thought is if if we approve this, this is what you're getting. Yeah. And that's that's not the case. I just wanted to make sure you guys knew that. Okay. Thank Thank you. Any question? Do you have any questions from No, I was just want to ask Miss Miss Jane for clarification on the planning commission vote.

Uh, yes. I was just trying to look up the meeting minutes, but they haven't been published yet. Um, let me check my my notebook. [clears throat]

While she's doing that, I I might make a comment, too, that uh you know, that a corner like that, an intersection like that anywhere in Broken Era is usually designated as a commercial uh area. And we we need those because that's the way we pay our police and fire. Uh I know the road there might not be a standard right now, but all of the roads were that way at one time as we go through and and develop it. So uh I couldn't see it being a houses in there when it's a prime commercial area. So most of the major intersections are going to be uh commercial areas.

Can I respond to that? Sure. Um, so the the property that they already have, I mean that so the 7.9 acres is already zoned commercial. The one that they are trying to reszone the night tonight the the 9.7 that's not just raw land. There was a family living there that was there is a house there. Um, so uh I I understand directly around all the corners and everything like that. Um and again that's already commercial but the the piece that they are trying to add to that um was in fact a family residence. Okay. I think that yeah thank you.

Thank you. [snorts]

Thank you councel. I just wanted to answer uh councelor Green's question about the planning commission vote. I was not there. My colleague Lou Reynolds was at the uh planning commission, but I did go back and watch it today and it I believe it was a 3 to2 recommendation of approval. So, just to clarify that for the record. I think that the staff report is incorrect. Um, and then if there's any other questions you have for me, I I think as far as site design and um concerns that the applicant raised, I think uh Mayor Wimpby was directly on point that those will be addressed um as we proceed through this process. Again, comprehensive plan is just the very beginning. And then when we get to uh the resoning um and platting and site development um that's where we can um uh ensure that we are not uh impacting our neighbors in any negative way.

Thank you to respond to your earlier question. It was a 3-2 vote. Okay. Um so that is an error in the staff report. Uh there was a 50 vote for the reasonzoning at um [snorts] January 8th meeting. Okay. All right.

Any further questions or discussion? Well, at the beginning of our um our text that we have, it says they want to amend the comprehensive plan designation, but then at the bottom it says based on the comprehensive plan as if it fits the comprehensive plan already, but what they're asking to do is change the comprehensive plan. Right? This should be an amendment to the comprehensive plan. So then the recommendation was off. Yeah. The recommendation says based on the comprehensive plan is what it says.

So it's probably to your point that would be incorrect. The recommendation from staff would be um to amend the comprehensive plan from level one to level four. The zoning as she mentioned it will be coming at a later date and that just went to planning commission. So I have a feeling they got some of the wording cross between the two. Any [snorts] further discussion or questions? Entertain a motion. I'll make a motion that we amend the comprehensive plan. You're quiet. I mean, Johnny's doing all the work tonight.

Do I have a second? They go with the higher paid people. [laughter] I'll second that. I thought it would just beeping it. You're beeping. Put me down for a second. There we are. All right. You have a motion and a second. Roll call.

You have to voice your vote. It's just beeping at me. It's a yay on my behalf. Thank you, sir. Okay. Item D is consideration, discussion, and possible approval of the reappoint of Kamar Washington to the city of Broken Arrow board of adjustment for three-year term.

Hi. Um, consideration, discussion, and possible approval of the reappoint of Kamar Washington. Um staff recommends uh that his term be uh renewed until May of 2029 uh on the board of adjustment. Any questions or discussion? This is this position a council appointment? Who appointed? That's your appointment. Uh I think it was my appointment. Do you have any discussion on your appointee? Uh I have no discussion. He's it's not a it's not a the board of adjustments on a very frequent

position. Um but he's done his part on the I've worked with Kamara on different leadership broker and arrow and different committees too and worked with him on different foundations. Yeah. Yeah. I think he'd be a good one. Yeah. He's doing a good job when they do have a meeting. Yeah. All right. We have a motion and a second. Roll call. He still can't. Is there someone who can help him? Justin needs help.

All right. Item E, consideration, discussion, and possible approval of, and authorization to award the lowest responsible bidder to diversified civil contractors. Charlie Brightite.

Good evening, mayor, vice mayor, council members, Mr. Spurgeon. Um, I'm Charlie Brite, director of engineering construction. Uh know we've had kind of a long night tonight. So next few should be pretty uh exciting things and I'll try to be pretty quick about them. So first first one here is uh really excited to talk about is the award of a bid for construction at Tucson and Aspen. Um you know after I got uh after I was uh moved up to the position I'm in fortunately Mr. Spurgeon kind of came and talked to me and was like these priorities of some things that are really important to get done for the community and one of those top priorities was to get Aspen under construction heading towards Indian Springs. So happy to say late last year, you know, we're working on 131st Street and Aspen intersection and here tonight we're to talk about 121st and Aspen intersection. Um, you know, and that only got became a bigger deal once we heard that Home Depot and others were developing right there on that intersection. So, at one point in time, we were going to bid the intersection and road together, but with Home Depot coming in, we went as fast as we could to get this intersection under construction prior to that development opening. Um, so we followed the state bidding process. um open bids uh here recently and the lowest responsible bidder was uh diversified civil contractors for $517,000 500 517,535.50 and we're recommending award to them and I'm happy to answer any questions you guys have.

Any questions or discussion? Um I'll make a motion to approve. I'll second.

I just had one question. Is that a good bid, Charlie? based on the estimate. Yeah, it's a it's a really good bid. So, the number the number is low um for what you're probably used to seeing when we see an intersection, but it's important to keep in mind um this intersection's already improved on two of the four legs. So, if you're heading um northbound or eastbound, you already have a five lane road, so we're really improving two of the four legs. Um so, it's a little bit cheaper bid. Um but uh us getting it done coordination wise will make a it better for the commercial development when it's happened and then b it'll make the rest of the construction easier when we get to it. Just a reminder we have council has awarded the contract to do the design for Tucson. Yep. From Aspen to Olive.

Absolutely. So um we're already working on the design going uh west on Tucson from Aspen Olive. Mr. Furgeon just said and the design is done for Aspen Street between 121st 131st. And we actually anticipate um taking that out to construction as soon as utilities are relocated. So, thank you, sir. Consideration, discussion, and possible action for approval of an authorization to award the low lowest responsible bidder to DK Karns Construction for the Melinda Park pavement. Charlie,

good evening again. Um another great uh construction award project. So, um we've talked about a lot lately, residential rehab projects. We have many of them going on across town. Um this is one of the larger ones that we have which is Melinda Park which is one of our older neighborhoods over on 61st in Garnett area. Um as you guys know because we got lots of feedback. Um we had the utilities replaced over the last year. Um it's a process. It took up a lot and it did damage to the roads which we intentionally did. We did the utilities first. The utilities now are all replaced and now we're um recommending award of uh the pavement in Melinda Park. So, um, we followed the state bidding process, recently opened bids, and the, uh, apparent low bidder was Darns Construction for 2 million658,490. Um, we're recommending award, and I'm happy to answer any questions you guys have,

I this is less than the the estimate. What do we know about this company, my friend? Are you feel good about them? That that's a good question. Um, yeah, we have looked into them. We feel very good. They're they're a substantial company. Um, we don't expect any issues. Okay. Um, I know you don't ever expect issues, but we've done the best we can to look into. It's a It is a considerable difference. Yeah. Y Well, I would gladly make the motion for [laughter] this item 26-140. They've been waiting a long time to get some nice roads. Is your computer working? I'll stay I'll make a second. Just to remember this is coming a on the heels of the water and sewer work.

Yeah. That the residents and Rnado did amazing job of trying to manage expectations but this area has been under a lot of construction. So I just want to publicly thank the residents for their patience and a little long little bit longer. Seems like a couple of years it's been under construction honestly. So it's been a long time. It's going to be great when it's done. replacing water and waste water in people's backyards and front yards is very very difficult and it's never easy. Luckily the roads are a little bit easier to manage. So hopefully we can go a little faster and get get through there.

Okay, thank you sir. [snorts] Um item H no G consideration discussion and possible approval of and authorization to award the lowest responsible bid to Cardell Construction for the grain silo improvements.

Yeah, absolutely. So, as you guys know, um really excited. Uh the uh this council in April 2024 um chose to made the purchase of the grain silo and staff uh Mr. Spurgeon immediately asked staff to see what we could do to spruce it up, make it look better. Um and so we put together a set of plans to get it painted, to get the um logo on the build on it changed because it's still got the old company logo and everything else. We actually put these plans out last summer um and I think we updated you. We got no bids on the project so we made some changes. is we went out and tried to really recruit some contractors, make sure they would give us bids. We put it back out recently. Um we did receive three bids, but the apparent low bidder was Scissorell Construction, which is a local company right here, owned by somebody here in Broken Arrow. And uh their bid um was for $169,938. We are recommending award. It'll be for the painting of the tower, logos, and some electrical work on site just uh get it looking a lot better.

I saw in the bid it said demolition. I was like, demolition? What? [laughter] Yeah. No, I'm glad a local company got this and Norm wanted to recommend this to you to for approval. I love this one the whole way. [laughter] Did we settle on the logo on this? I think Rose the Rose District. The Rose District logo. We're going to put those tulips on there, right? The roses. Colorful roses. You all voted. [laughter] I I'll make a motion to approve item 26-141. Tulips. Tulips. [laughter] This is I am Chad. All right, we have a motion and a second. Roll call. Yeah, one more for you.

Consideration, discussion, and possible approval of noise ordinance waiver for cowan construction to work before 7 a.m. on two different dates at the Aspen Ridge apartment complex. Charlie,

uh, good evening again. Last one for me for a bit. Um, so before you tonight is a request for um, uh, a variance to the noise ordinance. Um, these have to come to these have to come to the governing body because it's written into ordinance. So, any exception to that has to come to you all. What it is is the apartment complex or by resource and everybody else. Um, they're asking for an exception on the ordinance on two days. They are not naming which specific days because weather and everything else permitting might change those days, but basically asking for permission for you all to allow staff to designate designate two days that they're allowed to work after hours. The reason they need that is because I think they're pouring approximately 16,000 square feet of concrete. I I may have the number wrong, but um ultimately when they make pores that large for apartments complexes this big, they say it takes them 16 hours to prep pour and then finish the concrete. 16 hours is longer than our standard window of noise ordinances. So, they're asking for an exception. Um I did talk to Mr. Spurgeon and leadership. And actually what's on the RFA tonight, staff's not recommending approval because I believe his office has already received some complaints about noise in the area in the early morning hours. What staff was recommending is maybe um a a different step than what they requested was instead of approving it early in the morning, maybe we approve them to go later at night because that might be less um detrimental to our citizens that are nearby. I mean, there are homes nearby. I think they've already complained to your office. Um, so it's uh the the contractor has basically said they would they would appreciate any help that they can get.

Yeah, I thank you, Charlie. We knocked this out as soon as I got complaints and the residents appreciated our help and I'd like to see them get some consideration if it was early morning in the summertime. I would probably be willing to recommend, but I would like the flexibility to help them at later where people are home and it's and it's not as noisy because there's people telling me they get up that early. Obviously, it affects their sleep and I I don't think that's the goal of our community to to do that even if it's just two days. Yeah. Yeah. I have not gotten any calls from that neighborhood, but um I've already been getting calls from another project that we gave a noise ordinance to for 30 days. So, I was not going to be happy about this one either. So, I'm glad that it was

recommendation is to deny. We spent a lot of time over in that neighborhood when we did that development when c because council was intricately involved with the tiff district and so we made some good representations that would they would be heard and so I want to honor on behalf of the council because I know several council members went to those meetings with those residents and so I'm okay with I'm okay with recommending the on the evening but not in the morning. Yeah, because this was saying 3:00 am, which I've had um construction start at 4:00 a.m. when it shouldn't start at 7 am. And that wasn't super fun. Um and having to call the non-emergency number to get it shut down. So, a few times. Multiple times. Yeah. Yeah.

Um then I'll make a motion to deny this 26-1. Is that what you're looking for? because of the I I think staff's recommendation is not to approve the morning, but the thing that um the city manager and I myself had discussed is maybe approving them later hours in the evening. Okay, I'll draw. Yeah, I'll if if you're willing to do that, you might want to state what time? Two nights. Just two nights, but then how late are they allowed to work till? So, currently it's 10:00 p.m. I think they would like to go up to 2 a.m. on those nights, but um Oh my gosh. I reached out to them. I reached out to them and they said they would somebody out here at Did you sign up to talk? I did not know that they were in the audience. Uh if they want to comment, they is it the applicant?

Is this applicant? Can I offer a compromise? Are you the applicant? Okay. Yes. I was not aware that he was in I'm sorry don't know your processes. I know construction. I'm sorry. Yeah,

I get it. 3:00 a.m. in the morning is not ideal. We want to be respectful to that neighborhood. They are neighbors for the next 16 months or so. Um, and by the way, I'm working on the construction team that's building that project. Um, 2:00 a.m. You're 6:01, half a dozen the other 3:00 a.m. to finishing at 2 a.m. What if we started at 5:00 a.m. and worked till 11:00 p.m.? Would that be an acceptable compromise? Um, concrete at 7 a.m. is subject to heavy delay because somewhere every single morning, every day of the week, someone's pouring concrete at 3:00 a.m., 4:00 a.m., 5:00 a.m., and 6:00 a.m. [clears throat] All those jobs have to finish before you get your concrete at 7 a.m. So, when you schedule at 7 a.m., you're likely to get concrete at 8:30.

So, 8:30, you're pushing out your finished date. Once you start pouring concrete, you got to finish it or you lose hundreds of thousands of dollars worth of work. So that maybe an acceptable compromise here would be to start at maybe 5:00 a.m. and finish up at 11:00 p.m. Uh it's 2 days um on or about the 16th of February and March 2nd. So it's it's as least impactful as we can possibly be and we've taken steps to limit our impact to that neighborhood. We're approaching from the west the neighborhoods on the east. Um we are not pointing any lights towards the east. We are doing all of our um anything that's allowed on the west side of the project. We are actively trying to consider that neighborhood in the construction process.

Can I ask Mr. Swab what his opinion is because I I feel more a little more comfortable with that. Yeah, that sounds better. Absolutely. That would have been my recommendation somewhere between 5 and 11 and reduce the amount of backup if at all possible because that's what that's the bank the only go forward. [laughter] We can pull that off. We will. Yeah. Um, is there a way we can notify the neighbor and let them know if they're prepared for those days? We have a perfect person. Oh, yeah. Norming [laughter] construction will take care of it. Okay. We'll work with the contractor to make sure that it gets there's notice. Okay. Thank you. Thank you guys. Yeah.

Okay. Then I will uh make a motion to approve um 5:00 a.m. to 11 for two days and notifying the neighbors at staff's discretion on the two days. I'm sorry. at staff's discretion on the two days. Yes. Okay. Have a second.

Thank you. I'll second the motion. Thank you. You're welcome. Roll call.

All right. Okay, there are no preview ordinances, no regular ordinances, remarks and inquiries by governing body members. I just want to thank the staff and our public safety for doing such an outstanding job um at last Monday's meeting. I can't even imagine what went on behind the scenes to make sure that residents were taken care of, that the facilities were in place, that safety was in place. Um it was quite impressive. So, thank you, chief. Thank you, staff, uh, for making sure that everything was taken care of on all aspects of that. The only thing I would have changed is had, um, a member of staff read off the names that were coming up. Um, but other than that,

I think we're I was pleasantly Yeah. So, I think it went very smoothly for sure. And I also want to thank both the chiefs and the staff. I mean, it was a long day for I know a lot of them for sure. We picked to do this for free, but they, you know, Y they step it up when they need to step it up. For sure. Y. Anyone else? Encourage everybody to be prepared for the potential of winter weather coming in this weekend. I know it's January. We haven't seen any yet, but [laughter] it very well could be here. And I know our staff is going to be prepared, ready to deal with it. All right. Same answer.

Save me some words. So, already been a lot of words tonight. Uh, just real quick, I remember the first time in 2024 when Norm and I talked about the crisis response and how we think we could better serve our citizens. And we're going to continue to provide counsel with the annual or bannual updates because you can see how effective they've become, how much our department has embraced

that the concept. And I I do want to thank the police and fire departments, you know, current administrations and those that have been a part of this for embracing this because it was something new and emerging, but doing it in such a way that it didn't diminish the roles of police or fire was my goal and as you can see the way we've done this, it's actually and then adding Olivia full-time. It's been almost two years, I believe. Um, you can see the the efforts and then then having leadership that understands this is a priority. So, I just want to thank Norm and Lance and Jeremy and their teams for for their dedication to this and then coming up with a resource to help defay those costs was uh working with legal to make sure that was possible. So, thank you to as well, Trevor. So, uh Mr. Mr. Perry spoke about the burning and so I'm I'm going to work with u community development and Chief Moore and Kenny Schwab and see what we can do. Obviously there's a savings for burning versus versus transporting and I need to look about what it is we need to allow how it could be done and if so what safely or what other options there are and if and obviously an ordinance is certainly something that could be considered but let us at least look at the options before something like that bringing something forth. Um, I know council doesn't like picking winners and losers and seems like it's been that way some some meetings, but I I assure you we're going to follow up with the Spring Creek folks and try to do everything we can to make sure that meeting happens. I heard council and I hope the residents will work with us. Kenny was very strong tonight and we believe we can fix this, but we need to work together. And so I think we bent over backwards from Patrick to to Charlie and and Kenny and myself to go out there and they've been very cooperative and so just a lot of emotion. Hopefully we can work through what we're going to be facing and then we'll respond accordingly. So it's all I have.

All right. Jamie hasn't retired quite yet though, right? He's No, no, no. Jamie, not yet. Not till the end of the month. So yeah, fortunately we have Thomas Cooper who understands uh very very well, is very knowledgeable in that area, can keep us track on what we need to do. All right, we do have executive session. So I'll entertain a motion for a brief recess to go into Bama. Roll call. Who seconded that? I did. Green. Yes. Ford, yes. Parks, yes. Limpy, yes.

Call the Broken Arrow Municipal Authority meeting to order. Roll call.

Pickle Ford here. Parks here. Green here. Wimpy here. Are there any items to be removed from the consent agenda? Make a motion to approve. I'll second [clears throat] it. There are no public hearings, appeals, presentation, recognitions, or awards. No general authority business, remarks from governing body members. Seeing none, man. I have no madam chair. Okay. There is no executive session.

Motion to adjurnn. Second. Have a motion, a second. Roll call. Call the Broken Arrow Economic Development Authority meeting to order. Welcome.

Pickle Green here. Ford here. Parks here. Wimpy here. Any items to be removed from the consent agenda? Make a motion to accept the consent agenda. Second motion.

Roll call. Maybe there are no public hearings, pills, presentation, recognitions, or awards. No general authority business remarks from governing body members. See manager. I have none, madam chair. And we have close session. Oh, we do. So entertain a motion to clear the room to go into executive session. Second. So move first. Oh, I thought you made a motion. I entertained a motion. Entertained it. Okay, I'll second that. Entertained motion. Uh, Green, yes. Ford, yes. Parks, yes. Woodby, yes.