I heard all about it.

I said we're discussing your call the broken era city council meeting to order.

We have invocation by Pastor Scott Moore.

Hi.

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 again just to be in a wonderful, wonderful community.

Father, we thank you for leaders uh who uh truly care uh about the community, and so we ask that you would continue to be with them today as they work through the agenda, uh, 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 uh do their best to communicate their hearts with this group of leaders.

Again, we just ask for your guidance uh during this time.

Uh we believe that we are the kind of community that we are because of the guidance uh that you have given us, and we just ask that you would help us to continue uh to follow that direction.

In our Lord's wonderful name we pray.

Amen.

All right, roll call.

Excuse me.

Pickle Green here Ford here parks here, Wimpe.

Here please stand and join Counselor Ford for the Pledge of Allegiance.

Attention, salute, pledge.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands one nation under God individual with liberty and justice for all.

Thank you, man.

Are there any items to be removed from the consent agenda?

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

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 uh 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 care link navigation program for the fire department.

I'm gonna 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 uh 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 gonna 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 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 uh opioids, sometimes methamphetamine, things of that nature, uh domestic disturbances, homelessness, as uh you may remember we spoke of uh 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 issue 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 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 a.m.

to 5 p.m.

And we actually moved our team two 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.

And those services run from seven to five on the day daytime, and then uh from noon to ten, 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 uh expanding the program or looking forward, that's probably something that we would be interested in.

I've got some uh statistics here.

This is all of 2025, so you may see we had 1,189 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 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 gonna 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 CREOX.

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 CREOX.

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 Creoaks to do that.

Uh so you also see that there's uh quite a bit of the um follow-up 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 a domestic disturbance with another component to it as well.

Uh so that's kind of some of the numbers that we have over 2025.

Uh just a short uh update to give to you on my team, and I'll uh open it up for any questions, or we can let uh Chief Steward go and then we can do questions after that.

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 creoes keeps most of that, but we can certainly get access to that.

And I have a couple of success stories that I'm gonna talk about in reference to the statistics as well.

Uh, if you'd like to hear some of those 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 four suicide attempts that we had dealt with.

Uh BAPD and CREOX 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 nine-year-old, just an 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 some dealing with the uh again wraparound services with the schools as well.

We were able to establish rapport, our CRT was continuing to follow up with that child.

Uh and we had a plan with some counseling services since the intervention by our crisis response team.

The uh parents have reported much better uh, you know, behavioral uh issues with the child.

The school hasn't called us in reference to the child, no suspension, and we haven't had any calls to service for that residence.

I actually asked my crisis 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 go down the list and give many, many more.

And these are the things that our crisis response team is doing on a daily basis.

Incredible to really provide those services to not only the children but the adults in our community and those that really need help.

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, counsel, for your support.

Um, Mark Stewart, assistant fire chief.

Uh, thank you for your support of this partnership with family and children's services.

Um, our partnership with them began in July of 2024 when we brought Riley on as our bachelor's level uh caseworker.

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 caseload 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 that's why we have more cases than clients.

Uh, Riley's caseload averages between 20 and 30 uh at any given time.

So 250 um excuse me, 2,516 events.

What those are is anytime we make contact uh between any of our staff uh or anyone from family and children's 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.

They fill out a form and it goes to Riley, and then uh she makes an assessment.

Uh 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, and then opens a case and then um begins working it.

You'll notice that almost three-quarters of our referrals are from 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 is uh contacts are broken down into uh 96 percent are made by Riley and her team, uh and the remaining four percent 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's services that uh we have access to their entire network of support and teams and not just uh our navigator.

uh referral reason being mental health uh the the pie chart off to the right there um is uh contacts are broken down into uh 96 percent are made by riley and her team uh and the remaining four percent 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 and 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 percent 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 and finally I want to share some success stories with you as well um you know how do you measure success on 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 obviously the goal of our program is to improve the quality of life for all of our citizens and all of our uh 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 uh 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 again I want to uh 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 resume reduce call volume um but 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 with that um I'd entertain any questions for the major or 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 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 using the opioid money especially that I'm unaware of 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 of years we've been doing it I'll just say um when you guys first came to us with these ideas I knew uh the programs would be successful I commend you and your staff and your teams for all the hard work that you all have put in to make a difference for our community.

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 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 uh last week congratulations on that 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 it's that what a what a jewel for our community for sure.

Definitely thank you guys very much all right item 7 B is update on the 2026 general obligation bond package.

Thank you members mayor members of council good evening just a quick update with council's action on January 6th we've now officially moved into what I'll call the public education phase of our our general obligation bond package that voters will consider on April 7th.

The three things I wanted to mention right now is we're using we have been using 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.

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 at some point we're gonna get a schedule out to the council members about your availability to to attend the meetings that we 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.

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 our 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 gonna be putting out actually we're gonna be putting together an infrar a a date where some dates for council to consider to where we have a a public information meeting to where all the uh the directors and council members that were going to be going out.

We're gonna 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 uh talking about going out and discussing things everyone be able to answer the questions and so forth.

So that's probably gonna happen sometime in the early part of the middle part of February.

Um and then also Aaron's gonna be coming and talking uh soon about some of the the new techniques and uh mediums that we're gonna be using in terms of providing information.

For example, we have a telephone call that folks can actually align that will be disseminating soon, but you can actually call and ask any question you want about the bond package and you'll get an answer.

And so we're gonna 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 gonna start to see more of this, and then uh I think it will be in will 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.

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 Pearrish.

Well, good evening.

My name is uh Sean Parrish.

Uh I live over by 81st and county line.

Uh you guys may remember me with arguing with Roush 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.

Green about it, which they can do.

And um, if we're having problems, we were instructed to contact the fire marshal.

We've done that.

Um, I think broken arrow, we're starting to get pretty big.

And these new neighborhoods are encroaching into older neighborhoods.

Uh several people in the neighborhood Facebook page have commented they've had asthma attacks because of this burning off.

Uh allergic 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 uh I think it's something that we really could uh and need to look at.

Uh you know, they say we can barn 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, 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 multure or something like that, or certainly I would recommend that we work with engineering 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 about it would it be efficient, could it resolve that?

Uh, but we can 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 marshal 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.

So uh appreciate it.

All right.

Item nine is general council business, nine A, consideration discussion discussion and possible 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 uh one of their capital improvement projects of road widening.

And I wanted to 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 Air has uh been requested to support a critical infrastructure infrastructure project by Tulsa County involving the elevation of one mile of Garnett Road from 91st to 101st and 101st and intersection by five feet to mitigate future flooding risk.

This project borders or is close proximity to Broken Arrow, Tulsa, and Bixby, and will enhance public safety and protect essential roadways in the region.

I know they've asked for the same legislation and support from the city of Bixby.

Uh the project is a part of a disaster 4575 project, Tulsa County 101st and Garnett Infrastructure Protection, which is awaiting federal approval for phase two of FEMA hazardous mitigation grant funding from the U.S.

Department of Homeland Security, Secretary Christy Gnome.

The grant is reimbursable 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.

U.S.

Representative Kevin Hearn and U.S.

Senator Mark Wayne Mullen have previously advocated for this project.

The proposed resolution expresses the city support and requests prompt approval from Secretary Gnome 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 Christy Gnome for Homeland Security.

So that resolution, I would be glad to read it if I if if it's okay with council members.

Um 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 mitigate mitigation grant funding for disaster number 4575, Project 13 Tulsa County 101st and Garnett Infrastructure Proction.

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 in Garden Infrastructure Protection involves elevating approximately one mile of Garnett Road from 91st to 101st, also known as Broken Arrow from Washington to New Orleans, and the intersection of 101st by 5 feet to prevent future flooding, a project that borders or is close proximity to Broken Arrow Tulsa and Bixby.

Whereas a project valued over $8 million as reimbursable FEMA hazard mitigation grant has uh advanced through all FEMA steps and guidelines in our Tulsa County leadership and is now awaiting final approval from the U.S.

Secretary of the Homeland Security for phase two funding, whereas timely approval will enable the project to proceed to construction bidding and ensure continued momentum from earlier phases in benefiting the regional community by reducing flood-related disruptions.

It says whereas Representative Kevin Hearn, Senator Mark Wayne Mollett 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 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 respectful requests that honorable Christie Gnome, Secretary of the Homeland Security, provide fair and prompt consideration in approval this project at the earliest opportunity.

In section three, that the mayor is authorized to transmit a copy of this resolution along with the supporting letter to Secretary Gnome with copies to U.S.

Senator Mark Wayne Mullen, U.S.

Representative Kevin Hearn, and the Tulsa County leadership that the resolution shall take effect immediately upon adoption.

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, I mean, 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 row, 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 can secure the funding or the approval to go ahead and award the contract, be reimbursed so that road can be taken care of.

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.

Oh second.

Roll calling 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 the email to us.

No, I mean to when like we can like the official letter, like an official letter on our official I'll have it in the packet because we're talking about what we want to discuss with them, and I'll make sure the cop uh Lori and I'll work to make sure that's in the package.

Thank you.

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

Good evening, Madam Mayor, uh, Mr.

Vice Mayor, Council members and city manager, Mr.

Spurgeon.

I am planning and development manager Jane Weirick here on behalf of community development director Rocky Henkel this evening.

Uh so as you mentioned uh before you tonight is PT 000984-2025, an application for consideration of a request for a conditional final plat for Spring Creek crossing.

Oops.

Uh the location of the property is north of Tucson Street, also known as 121st Street, and approximately one quarter mile west of 9th Street, also known as 177th East Avenue or Lynn Lane.

Uh the comprehensive planned land use for is being proposed.

I'm sorry.

Um the zoning on this property is RS4 and PUD 001360.

And according to FEMA maps, none of the property is located in a floodplain.

Uh water and sanitary sewer are available from the city of Broken Arrow.

Next slide, please.

The property consists of 36.99 acres uh within the proposed plat or 132 residential lots and reserve areas for stormwater 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 5-0 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 15th, 2025 meeting to allow the developer to address issues pertaining to erosion control, capturing stormwater runoff, and general construction methods.

On May 8th, uh sever several city officials met with the adjacent property owners to discuss stormwater issues, including stormwater runoff and sediment transport.

The plat was considered on June 9th, City Council agenda, where the item was tabled to allow the property owner to an opportunity to address these questions and concerns 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.

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.

Could you uh give us uh the uh definition of I know it's looked at the plant several times, but the conditional final plat.

What does that mean in the process?

Uh so when the preliminary plat comes in, it does not have all of the engineering designed.

Uh we're looking at whether all of the lar 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 it's alongside the conditional final plat, all of the engineering work is done to get into the finer details of stormwater 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 the PUD and the um the masonry requirements, et cetera, that I when we drove through are not being met.

Um but or in the PUD.

I didn't know if you had a chance to to find out any more information.

We did.

I think I uh Jane, did you have a chance to read through that?

Uh very little.

Okay, so PD-wise, it does not address masonry, but when um Kyle came and spoke to the council, he said in the and meeting minutes does address the fact that they would put uh masonry on uh 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.

Okay.

Hi.

Good evening, Mayor.

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 not sold, but we're told that they're going to be the houses are gonna 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 the house.

Oh, I am thinking I'm I'm off the item.

You're fine.

So sorry.

Yeah, never mind, scratch that Kyle.

Would you like me to answer the question anyway?

Yes, that'd be great.

So sorry.

Yeah, sorry.

I know this was something 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 gonna try to do anything that's street facing, highway facing, just from an aesthetic perspective, protect theesthetics of what you can see from the outside.

Um this neighborhood was um not affordable at the least, 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 or the consumer, the customer who buys it doesn't have to make up a huge gap in appraisal values that 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 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 also I noticed as I was driving through that this afternoon that some of the streets aren't completed as far as uh finishing the black top wall.

Yeah, so so that will be completed.

Um the Clara who's the managing the development would be a better fit to answer when that's gonna 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 the materials from the same place is as well again, if I may, that was staff's request.

We didn't want the construction out there with all the traffic trying to pick up the the kids and the 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, by the way, I was thinking of honey springs, so I had no screens in my semi-screen.

Yes, right.

So sorry.

No, in my mind, that's what we were about to talk about.

And I have to do that.

But I can talk to them about getting full brick if you'd like me.

Um I would like to talk about um flooding and hit me.

How are we how are we doing there?

I know we've got someone that's gonna 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 on to 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 sodd 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 inches, not two inches, sorry, there's 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 uh Mr.

Gary, who's uh the Langley's uh neighbor, asked him how it performed, if he had any erosion or if he had any water.

Um 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 misspeak, sorry.

Yeah.

Well, I count I it's counselor green's um ward.

Have you had any all pretty much asked the questions I was gonna ask.

Okay.

So uh I'm sorry.

That's fine.

Uh 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 you come back.

Sound good.

Okay.

Um we have Jason Langley.

Thank you.

Thank you.

Thank you.

That's all 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 PTE zero lot of numbers regarding the Spring Creek crossing conditional final plat.

Well, I appreciate the detailed background provided.

The report assumes that the issues downstream have been resolved because the developer has sodd the slope and clean sediment in the right of way.

Unfortunately, actual field conditions show that these measures have not corrected the stormwater problem.

And in some cases cases have exacerbated it.

The staff response separates the situation into two issues.

The construction phase of dirty stormwater governed under OKR04 and OKR 10, and permanent damage, excuse me, permanent drainage performance associated with the plat.

With the downstream perspective in South Fork, these issues may be legally separate, yet they converge into the same real world problem.

Stormwater coming from Spring Creek Crossing continues to reach South Fork in greater volume velocity and rows of force than before development began.

The staff report states that the developers complied with the proposed solution by solding the slope along the eastern boundary as of May 30th, 2025.

But multiple rainfall events since that time have demonstrated that the solid 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 sod alone can handle.

This is not a construction housekeeping issue.

This is hydraulic and hydro hydraulic hydrologic and hydraulic performance issue, and no amount of cleaning right away or soding slopes will correct it.

In fact, the developer's own actions, soding 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 stormwater towards Southport faster and higher peak volume than the pre-development condition condition.

This suggests anadequate detention attenuation, insufficient outlet control, lack of the dedicated engineered conveyance path, over reliance on a vegetated slope that is not designed for the observed hydraulic hydrologic load.

Because of this, approving the plot today abandons the downstream neighborhood to a system that is already failing before homes are even built.

Therefore, I respectfully request that the platin remain on hold, that the proposed engineered 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 GoBond 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 plot 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.

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.

This is what my property looked like in 2023 before the land was clear.

And uh, you know, I was here back in April of last year, and nothing has changed.

Unfortunately, um when we left here on the last meeting, we were told by the engineer that they were gonna 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 an independent engineer, uh, spoke briefly with Kyle and uh told him I was disappointed that I haven't heard from him, and I told him that 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 and uh the independent engineer, I took him to the yard, showed him everything, he took pictures, and then he left.

Um, you know, I haven't had any contacts 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 met at fault.

I mean, they've came into my neighbor to on both the 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 on my storage out in their 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, I need to get my property back to what it was before all this construction has uh you know occurred and the damages that it that has happened.

And you can see back there uh of what that slope looks like.

You know, they raised 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.

Thank you for your time.

Okay.

Thank you.

Do you either you either the engineer?

Sorry.

Sorry.

Good evening.

My name is Megan Pascoe with TANR Consulting 5323 South Lewis Avenue.

TANR Consulting is the civil engineer and surveyor for Spring Creek Crossing.

With me today, I have Justin Morgan, who is the owner of Tanner Consulting, and also Kyle Richardson, who's division president for Lenar Homes, who you've heard from.

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.

But since we are 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 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 engineering staff 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 City of Broken Arrow code, um, and we have implemented that design in the field.

Uh we have worked myself and and and mostly the landowner uh Kyle Richardson with Lenar.

Um we've worked with landowners or existing homeowners on the west side.

Um they requested that we preserve some existing trees along the west side of the site.

So we worked with them, the contractor, and your engineering staff to determine which trees could be saved along the west side of the site 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 feet required in the PUD to 70 feet.

Um we gave up an additional 20 feet in the home's backyards 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 light's gonna be installed this summer.

Won't focus on that as much.

Um and we've met with the landowner and the contractor have met with neighbors as needed to get yards cleaned up if there was any sediment that was transported off-site.

Um so that has been ongoing as well.

Um today I believe that all of the requirements that you left us with when this item was tabled in June have been addressed.

We've worked, we you know, me, Tanner Consulting, uh, the developer, the contractor, the landowner, 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 trying 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 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 umce 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 seven CFS or about 40-ish percent.

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, uh, regards your comments to I know they said um thank you very much.

Um mentioned that you guys have talked with them and things were in compliance.

We'd like to hear your take on the uh certainly.

So if you'll remember uh 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 off-site, actually miscalculated it, said there was only one acre flowing on to 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 done for working for their property owner has reduced that 5.16 acres that flows onto South Fork down to about two.

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 compliance?

They are in compliance.

Do they meet standard practice?

They meet standard practice at the state, 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 driveways 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.

I thought we were looking at a process to where maybe we could help the situation uh a little bit further performance 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 6 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, I want to 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 first 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 spit speak to the details.

But there is a design in place that would capture those the stormwater of that remaining two acres, because they took three acres off that remaining um stormwater instead of going through South Fork, pick it up and go due north and um release it to OTA right away.

We've got a few little comments that we've turned back to Tanner, just gave it to him, 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 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 80 foot trees, 75 foot wide, will come down, and that buffer won't go back.

We're going to be 20 feet deep, 25 feet 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, emailed communication back and forth.

I tried to get a meeting, or he tried to get a meeting set up in his defense.

He tried to get a meeting set up, and I want to meet with them, but only if they're 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 will help, but everybody has to understand what's gonna 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 gonna be gone.

I I you can't put in a storm, sir that's 25 foot deep without taking out trees.

Hopefully that answered your questions.

So yes.

Um this I guess the question for um Raul Schlinar, Tanner, whomever.

Um so 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 plots 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 plat 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 you get an agreement to recommend approving 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 Hair has been willing since May.

I yield my time, Madam Mayor.

Would delaying the platy together.

It hasn't since 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 if I address some of the things that were said.

Um 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 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 burn 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 rained.

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 top of that, uh, there's never been a phone call, a text, an email that I haven't responded to.

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.

So 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 Jason's yard, which is what it has done for years and years and years and years.

Yes.

If I may, Mayor.

Kyle brings up a great point.

If you'll remember April the 15th through June the 15th, that 60-day period.

That was the wettest April on record, the wettest April and May on record, the wettest 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.

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 inches of rain in 60 days.

Our monitors were about a mile to two miles, three miles apart.

Mezzanette 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 land, and we weren't having this problem just at Spring Creek, we were having it throughout Broken Arrow.

Bigsby was having it, Tulsa was having it, I know it was having it, but Coita, 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 solted, and got it in place.

It 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 runoff down his drive, and then actually, like Kyle said, it actually drains away from his house and back towards 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.

Six-inch drop in 10 feet 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.

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 gonna recommend.

That's good.

Because it sounds like to me they have two choices.

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 a decide on, is that my understanding.

Thank you for the chance.

Um we had a miscommunication.

He was gonna place some video.

I just I don't know, you're tired of seeing videos, and I promise I'm tired of taking them.

Trust me.

But uh, this is a month after the sod was installed.

And as as uh Mr.

Richardson pointed out, I mean, we show that out with Gary.

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 seven years and I've never come here and asked for help before because that's normal, you gotta believe that that's that just can't be the case.

So it's really hard to hear that the water flow is not increased.

I have video that that's a time stamp video, and it's not my backyard.

It's in it's the same area you've seen through the last two years of me coming here and uh 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, but so there is very fair okay.

Um because no argument there.

I I understand that um the city I never wanted to come to any of this.

It was a how do I compel?

Because we went through five months of talking with directly and no action and no follow-up uh with the uh during the beginning with the the crew, but I'm back there.

Um Kyle Richardson did come to my house who did answer my text, 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 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, you know, storm sewer that it was 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, because 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, 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 uh we just want to drain.

And I feel like we're getting close.

Do you want to have this meeting so we can move on?

Absolutely.

Yeah, I've been I've been trying to um I I think I can't speak for for uh the attorney, but um, I think uh 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.

It's just the drain.

So is this your attorney or someone else's attorney?

It's mine and my wife's, yeah.

Okay.

Yeah, that's what 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 just working together on it.

He understands the situation I'm in, and I'm he understands uh my wife and I've candor 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, as a wettest record.

Um, but uh it's kind of lucky for us because that's not it's not like it's never it's never gonna 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 i either direct him or we can or him say we can meet.

We're we're willing to meet, and I think the other uh property owners have been too.

We have an appropriate 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.

There's a problem there.

I understand.

So I would prefer they'll meet before we you know what I mean.

If they choose not to, then we're uh it's which is where we've been.

It's not on the part of the yeah.

Can we come on?

I'm sorry, Mayors.

You're your chair.

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.

I'm sorry, go ahead.

Because broken air tries to help its citizens, its residents.

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 drainage way, you don't fill in a creek, you don't build a house over it, you put in a storm server pipe.

There's no way in the world that these eight, 10 residents would approve an assessment district to go back 32 years later and assess themselves.

Thank God that broken arrow has prop six 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.

Yes.

Could they council member?

Do something with conditioning.

Just want to go on the record and say Mr.

Spurgeon and Anne Kenny, they came out uh after we in April, and they did come out, had a phenomenal meeting with all of us.

Um I don't know what else to do when I've had a conversation with Kyle, and I said I have problems.

I mean it 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, 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 a worst case scenario?

And he was like, Well, what's the worst case scenario?

I said, Flooding.

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 on the street, five or four, they've came in and you know, they're doing everything.

But mine is clearly being ignored.

So 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 back from that land.

I'm sorry, Mr.

Green.

So let me ask you this, because I've heard you and you and I have had multiple conversations, and I've been there in the neighborhood.

Um, you know, and you've 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 haven't asked of Roush Lenar?

So I believe it was the land uh that was moving to the dirt.

That was the first talks that we were saying, hey, we got issues.

So yeah, we'll get on top of uh 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 we had a good talk.

I was disappointed in his you know, answer to me.

But uh when when the guy that's pretty much the main figure running everything and they tell you you have no issues, I mean, I don't know, I I don't know what it's doing.

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 you're at the highest point.

I am not at the highest point.

I mean, and 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.

Okay.

Anybody else talking?

Yeah.

That was it.

Go ahead.

Go ahead.

Well, you're the 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 Lynark 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 history that 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 would he was going to include us.

So we need to make sure that everybody is the assurances they need to move forward.

This is a very good solution.

Um parties are willing to do it if we can get everybody to the table.

But again, they are compliant.

But you're feeling a conditional final plat is satisfied.

I'm sorry, sir.

You're can yeah, you're convinced that the conditional final plat has been satisfied.

I am sir.

So then there's nowhere they're just gonna 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 South Fork.

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'll uh I I'll put along with that keep us informed with the meetings and put it 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.

Any thoughts, Trevor?

I I have to defer to the technical knowledge of our staff.

And so when they say that they've met all the planning requirements, I have to take that 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 the city just went full steam ahead and built this, I don't see that being a solution that is gonna meet everybody's needs and have their interests heard.

Sure.

So how many billing permits comes with this conditional final plat?

Was it one thirty?

So this would be for all the permits.

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 gonna 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 gonna do anything because of the lawsuit from what I just heard.

I uh 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 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 gonna 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 gonna do the right thing.

And um we're willing to partner with the city to do whatever it takes to help the neighbors resolve any dish 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 have 50 percent or whatever.

It's not my word.

It's not my word.

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 co and 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 gonna 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 plot.

Yeah.

But staff is 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 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 may at least attempt to.

So my I still then my motion still stands that uh to uh approve the conditional final plan.

I I if I can, Mayor.

We did meet on December 15th, and we discussed the traffic signal, and we have an understanding that only uh so many building permits are gonna be issued until that traffic signal is installed, and Kyle and his team is giving me their word is that they will get that traffic signal installed.

We also talked of at that time as 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 the properties had flooding.

And so I I believe the meeting is gonna take place.

I believe it's gonna 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 to 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.

We have a motion and second.

All right.

Item C is consideration discussion and possible approval of comp plan um change for ONETA 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 floodplain to level four commercial and employment nodes.

Look at that, it works.

Uh the property is located approximately one-eighth mile north of the northwest corner of East Kenosha Street, uh, also known as 71st Street and ONEDA 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 floodplain to the west side.

Um no development is proposed for that floodplain 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 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 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 on installed on both Kenosha and ONIDA.

The planning commission recommended approval uh with a vote of 5-0 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 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 rezoned, right?

It's not agriculture.

You're correct.

My understanding is 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.

Yeah.

And I thought, no, that doesn't make sense whatsoever.

Um I even I spoke with someone from the applicant uh 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 the entrances, right?

Um, because obviously ONEDA Road cannot handle, it's a two-lane, basically, it's like a county road and can't handle it.

So they did traffic from a grocery store.

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 with the gas station at the corner.

Um 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 ONEDA 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 ONIDA road entrances, and I was told no, that it would all be off of Kenosha, and now there's two entrances, exits off of ONEDA, 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 they can handle the traffic.

Is 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 you're gonna do that.

Yeah, I do.

Usually we get that to be able to look at it if it has been done.

Sure.

And the study was on it as well.

Or was that just on Kenosha?

Okay.

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?

Right, can you read that for us?

That'd be great.

But 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.

Well, um how about to follow up with your question?

How about the north part up there uh that they're building back in there in that part of this uh it's floodplain?

I don't think they're building anything back there.

It's all floodplain.

Right?

Um the northwest side, no, that's floodplain, yeah.

Okay, that answered my question then.

Okay.

But tonight is just the rezoning, which it's just the compensation.

Cop plan, yeah.

Going from I think what level one or level level four.

One to level four.

That's all tonight.

Okay, we can address we would address all the engineering, uh even scrutinizer traffic impact analysis, and quite possibly require turn uh dedicated turn lanes and stuff like that.

Okay.

Any more questions?

Thank you.

Hi, good evening, Natalie Cornette with LR and Drick.

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 rezoning application was recommended for approval at the last planning commission meeting, so it will be coming to you in February, right after this.

Um if the council chooses to approve it.

Um this is will be a uh for a proposed grocery store, approximately 42,000 square foot grocery store with a um fueling station and C store at the corner as well.

This site plan, I just as the council knows is extremely preliminary and certainly not should not be considered final.

Um so and we will absolutely work with staff um and engineering through zoning and plotting to ensure that we um get all of our ingress egress where they need to be 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 uh proposed mini storage and IL zoning through a PUD.

And I but 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 over the past eight or so years to be for um higher uh uses like uh industrial and this will be lower as just commercial, but I'm happy to answer any questions the council has for me.

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 just 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 tape.

Oh, yes, so sorry.

So sorry, I skipped Colton.

So uh we do have one um resident sign up to speak.

Thank you, Councillor Ford, Colton July.

Good evening, uh Mayor and and Council.

Uh thank you for allowing me to speak.

I did want I I've got a couple of uh 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 5-0 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 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 uh a you know notice for a public hearing and things like that.

So um, you know, and I've talked to those and 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 in smoke 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 gonna be a gas station, so you know none of that really matters essentially.

Um and that's whenever we learned it was gonna be a grocery store.

So I've prepared information to to speak about that.

Um sorry, my name's Colton J, and I live uh 6975 South 241st East Avenue in Broken Arrow with my wife McKinsey and and two-year-old son Jack.

It's literally right.

I mean, uh looking at this, it'll be facing the growth uh the grocery store and gas station.

Um I have some information on uh broken arrow grocery stores.

Um and the reason I look at that is because 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 research six point four acres, Trader Joe's 2.6, Aldi 2.17, uh neighborhood market four acres, sprouts two point six.

The only two that are above uh you know that 7.6 acres that they already have zoned to be able to build something like that are gonna be a Walmart Super Center, which is two miles down the road, um, and then a target.

And obviously those grocery stores do much more than just grocery.

So that's you know a good reason as to why they have so much uh property to build there.

Um I would like to really double down on what maybe you had uh brought up with the Onita 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 my 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 show 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 um 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 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 that will address these concerns that you guys are that are clear concerns um 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 questions?

Do you have any questions from No?

I'll just want to add Ms.

Ms.

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.

Well, she's doing that.

Um I might make a comment too that uh you know the 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 gonna 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 zone commercial.

The one that they are trying to rezone 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 it that's already commercial, but the the piece that they are trying to add to that um was in fact uh a family residence.

Okay.

I think uh yeah, thank you, Colby.

Thank you.

Thank you, council.

I just wanted to answer uh counselor 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 three to two recommendation up approval.

So just to clarify that for the record, I think that it 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 raise.

I think uh Mayor Wimpy was directly on point that those will be addressed as we proceed through this process.

Again, comprehensive plan is just the very beginning, and when we get to uh the rezoning 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.

Okay.

Thank you.

Thank you.

Um so that is an error in the staff report.

Uh there was a 5-0 vote for the rezoning at um 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 admit 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 crossed between the two.

Okay.

Any further discussion or questions?

I'll make a motion that we amend the comprehensive plan.

Johnny's doing all the work tonight.

I have a second.

They go with the higher paid people.

I thought it would just beeping it.

You're beeping.

Put me down for a second.

There you are.

All right.

You have a motion and a second roll call.

You're gonna have to voice your vote.

Okay.

Thank you, sir.

Okay.

Item D is consideration, discussion, and possible approval of the reappointment of Kamara Washington to the City of Broken Arab Board of Adjustment for three-year term.

Hi.

Um consideration, discussion, and possible approval of the reappointment of Kamara 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 at council appointment.

That's your appointment.

Uh I think it was my appointment.

You have any discussion on your appointee.

Uh I have no discussion.

I need 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 with Kamara on different leadership work and arrow and different committees too, and worked with him on different foundations.

Yeah, yeah.

I think KB comment.

He's done 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 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 Bright.

Good evening, Mayor, Vice Mayor, Council members, Mr.

Spurgeon.

Um I'm Charlie Bright, Director of Engineering Construction.

No, we've had a 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 one here is uh very 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 are the 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 gonna 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 dollars, five hundred five hundred and seventeen thousand five hundred and thirty-five dollars and fifty cents, 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 say 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 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 is we have the council has awarded the contract to do the design for Tucson from Aspen to Olive.

Absolutely.

So we're already working on the design going uh west on Tucson from Aspen Olive, Mr.

Spurgeon just said, and the design is done for Aspen Street between 121st and 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 and authorization to award the lower lowest responsible bidder to DK Kern's 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 and Garnet 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 we followed the state bidding process, recently opened bids, and the uh apparent low bidder was D.

Kearns construction for two million six hundred and fifty-eight thousand four hundred and ninety dollars.

Um we're recommending award.

I'm happy to answer any questions you guys have.

Mayor.

I saw this is less than the the estimate.

I'd be what do we know about this company, my friend?

Or feel good about them.

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 control.

It's a it is a considerable difference, yeah.

Okay.

Well, I would gladly make the motion for 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 after on the heels of the water and sewer work.

Yeah, yeah.

That the residents and Renato did amazing job of trying to manage expectations, but this area's been under uh a lot of construction, so I just want to publicly thank the residents for their patience and a little long a little bit longer.

It seems like a couple of years that's been under construction, honestly.

So it's been a long time.

It's gonna be great when it's done.

Replacing water and wastewater 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.

Um, item H, no, G, consideration, discussion, and possible approval of, and authorization to award the lowest responsible bid to scissor gel 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 bill 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.

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 scissor tell construction, which is a local company right here, owned by somebody here on Broken Arrow, and uh their bid um was for 169,938 dollars.

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.

It's on the bid, it said demolition.

I was like, demolition what?

Yeah, no, I'm glad local company got this, and Norm wanted to recommend this to you too for approval.

Did we settle on the logo on this street?

I think those district, the rose district logo.

We're gonna put those tulips on there, right?

The roses you all voted.

I'll number two I I'll make a motion to approve item 26 dash 141.

Two right.

All right, we have a motion and a second broke all one more for you.

Consideration discussion and possible approval of noise ordinance waiver for Cow One 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 the these have to come in the governor body because it's written in ordinance, so any exception to that has to come to you all.

What it is is the apartment complex over by resource and everybody else.

Um they're asking for an exception on the ordinance on two days.

They're 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.

Sixteen 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 and the early morning hours.

What staff was recommending is maybe um uh uh 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 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 later where people are home and it's and it's not as noisy because there's people uh telling me they get up that early, obviously it affects their sleep, and I that I don't think that's the goal of our community to to do that to 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 uh noise ordinance to for 30 days, so I was not gonna 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 the neighborhood when we did that development when count because council was intricately involved with the TIF 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 a.m.

which I've had um construction start at 4 a.m.

when it shouldn't start at 7 a.m.

and that wasn't super in fun and having to call the non-emergency number to get it shut down.

So a few times.

Um 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 this is maybe approving them later hours in the evening.

Okay, okay.

So I'll end it up.

If you're willing to do that, you might want to stay at one time.

Two nights, just two nights, but then how late are they allowed to work till so currently it's 10 p.m.

I think they would like to go up to two a.m.

on those nights.

But um my gosh.

I reached out to them, I reached out to them and they said they would somebody at the audience.

Did you sign up to talk on it?

I did not know that they were in the audience.

Yeah, uh, if they want to comment the case.

Is it the applicant?

Is this applicant?

Can I offer a compromise?

Are you the audience with the applicant?

I am okay, yes.

I was not aware that he was in the I'm sorry, as I don't know your processes in the construction, I'm sorry.

I get it.

3 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 a.m.

at your six of one half a dozen of the other 3 a.m.

to it finishing at 2 a.m.

What if we started at 5 a.m.

and work till 11 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 a.m., 4 a.m., 5 a.m., and 6 a.m.

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 gotta finish it, or you lose hundreds of thousands of dollars worth of work.

So that may be an acceptable compromise here would be to start at maybe 5 a.m.

and finish up at 11 p.m.

Uh it's two 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 with the pro 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.

Swallow what his opinion is because I've I feel more a little more comfortable with that.

Yeah, that sounds perfect.

Absolutely.

Uh that would have been my recommendation somewhere between five and eleven and reduce the amount of backup if at all possible because that's what it's that's the bank.

Only go forward.

Yeah, we can pull that off, we will.

Yeah.

Um, is there a way we can notify the neighbor?

Yeah.

If they're prepared for those days, we have a perfect person.

Oh, yeah.

No, we have norm.

No, consumer construction will take care of it.

Okay, I think we'll work with the contractor to make sure that it gets they get there's notice.

Okay.

Thank you.

Thank you, guys.

Yeah.

Okay, then I will uh make a motion to approve um 5 a.m.

to 11 for two days and notifying the neighbors.

U at staff's discretion on the two days.

I'm sorry.

At staff's discretion on the two days.

Okay.

Thank you.

I'll second the motion.

Thank you.

You're welcome.

Roll call.

All right.

There are no preview ordinances, no regular ordinances, remarks and inquiries by governing body members.

I 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 uh 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 I think it went best very smoothly for sure.

And I also want to thank both the chiefs and the staff.

Um that was a long day for I know a lot of them for sure.

We picked to do this for free, but they you know, yeah.

Yes, step it up when they need to step it up for sure.

Yep.

Anyone else?

Encourage everybody to be prepared for the uh neutral appointment for weather coming in this weekend.

I know it's January, we haven't seen any yet, but uh it very well could be here, and I know our staff is going to be prepared and ready to do what the same injured.

Say 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 that we could better serve our citizens, and we're gonna continue to provide counsel with the annual or biannual uh updates because you can see how effective they become, how much our department has embraced that the concept, and I I do want to thank the police and fire departments uh, you know, current administrations and those that have been a part of this for embracing this because it was something new and it was 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.

Uh it's been almost two years, I believe.

Um you can see the the efforts, and 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 the resource to help defray those costs, was uh working with legal to make sure that was possible.

So thank you too as well, Trevor.

So uh Mr.

Mr.

Perry spoke about the burning, and so I'm gonna I'm gonna work with uh 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 will I assure you we're gonna 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 Charlie 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 and and and you summed it up very well about what has to be done, and so we'll keep council posting on that going.

And then obviously council mentioned about the weather, uh actually monitoring it.

Uh Major Cooper is, and then we'll know what we're gonna be facing, and then we'll respond accordingly.

So that's all I have.

All right.

Jamie hasn't retired quite yet, though, right?

No, no, no, Jamie.

Uh not yet, not until the end of the month.

So 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, board, yes, parks, yes, Lukey.

Yes.

Roll call.