Good evening.

We're gonna call the Broken Arrow City Council meeting to order.

18 seconds behind time.

All right.

We have invocation by Pastor Rich.

Okay.

Yeah, I know.

Closer to heaven you can get.

Okay, guys, here we go.

If we could just uh Yeah, bow your heads for a word of prayer.

So Father God, we call upon your hand to help our city become better and better.

May your wisdom and then the standing rest upon our city council, city manager, as they listen to the requests coming before them tonight.

You have all the answers.

You have all the solutions.

Your voice can be heard as a whisper in their ears to make the right decisions.

Lord, we want the city to prosper.

Please position Broken Arrow as an example to our state and nation where the light shines because of the leaders who acknowledge you and want to keep you in the front forefront.

Thank you, Lord, for the promise that when the righteous lead, the people rejoice.

In your precious name, Lord.

Amen.

Amen.

The people rejoice.

Thank you, sir.

Take care.

Pickle.

Here.

Green.

Here.

Ford.

Here.

Parks.

Wimpy.

Here.

Please stand and join me for the Pledge of Allegiance.

Attention, salute, pledge.

And she's a republic for which it stands.

One nation under God.

And invisible with liberty and justice for all.

Thank you.

Okay.

We have item five T from the consent consent agenda to be pulled for discussion.

Is there any other items?

Okay.

And item K.

Entertain a motion.

I'll make a motion that we uh approve the consent agenda minus item five T and K.

It's gonna be done for tonight.

All right.

Notification of city manager's execution of an agreement with the Broken Air Chamber of Commerce for advertising, promotion, and marketing of the Rooster Days Festival for an amount not to exceed $20,000.

Um yes, I I would like for this to go before the tourism board.

Oh, okay.

Well that would make sense.

Yes, I I I absolutely support the councillor's request.

Uh I think that's something we've done traditionally and it shouldn't come to the council until they've had a chance to visit about how those funds are gonna be utilized so there's full transparency.

So do we have to table this now?

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

So moved.

Second.

Roll call.

Pickle.

Yes.

Green.

Yes.

Ford.

Yes.

Parks.

Yes.

Wimpy.

Yes.

Item T is acceptance of the drainage advisory committee's recommendation to approve the re reallocation of the 2018 general obligation bond funds from design to construction funds for drainage improvements in South Fork Estate subdivision.

We had an Yeah, you just had a citizen.

Yeah, we just have a citizen that would like to speak on this item.

Jason Langley.

Hi.

Getting used to this now.

Um thank you very much.

Um it's been a long road and you guys have been great through the whole process.

Um I just wanted to uh um express that I know it's kind of atypical being on the consent agenda already.

Um but I wanted to give you a quick status update since you've been uh with us from the beginning.

If if it comes to a close tonight with the process, then I figure you should ride the whole train.

So would you I just want to give you this?

We got one little rain and saw Broken Arrow.

I know you love my videos.

So I just wanted this is what if you guys chose to approve it tonight, this is what she would be helping us solve.

So this was a few night uh two weeks ago.

Um unfortunately you can't really see the stream there, but you'll see it in a second.

So that way you know I'm not completely full of it.

Um but this is uh the only substantial rain we've had in the last couple weeks with the mitigation measures and everything in place.

And this is Mr.

Benuzi's yard, and it cuts and then flows in into mine as you're very well aware.

So I just want to make you aware that we're still um dealing with the issues and confident that the resolution that everyone in this building, including uh Mr.

Schwab here, uh Mr.

Eliquent, Mr.

Schwab, uh helped um helped us get some resolution.

Uh the uh waivers have been signed by as far as I'm aware um and hopefully everything's in place to go.

So I just thank you for uh engaging with us in the process and making it happen and being uh and listening.

So and also thank you for the uh South Broken Arrow Home Depot.

I appreciate that as well.

Thank you, sir.

Thank you for coming and uh being here.

Um you are one of in in my ward, and we're actually neighbors across the street there, but uh I appreciate you being willing to you know work with us through the process.

I know we've had a lot of staff dedicated to this project and trying to make things go smoothly is possible for you guys.

So uh thank you for your willingness to work with the city and uh continue to make this happen.

It's always great when uh the city can work with our residents and we can come to a solution.

And even though it took a while to get there, we got there.

So I'm glad we got there.

Thank you.

Agreed.

Entertain a motion to accept.

Make a motion to accept item T 26-363.

Second real call.

All right, item seven is public hearings, appeals, presentations, recognitions, and awards.

Item A is approval of an authorization to execute a proclamation declaring April 2026 as autism awareness and acceptance month in the city of Broken Arrow.

Molly.

Oh, hi.

Do you want to come on down and share with us?

I'm okay.

Hello everyone, my name's Molly.

I work for CREOX Health Services, but I'm also on a planning committee with Autism Foundation of Oklahoma, and we're having an autism awareness day at the state capitol on April 2nd.

Everyone is invited as well to celebrate our folks with autism and to really advocate for um those that need more transportation, more services.

I can go on and on.

Um but we appreciate the um proclamation that we'll be presenting at the Capitol.

And as you know, autism awareness month is April.

So any activities and interest in that, um, we just really appreciate that and and accept the proclamation.

Absolutely.

Well, I'll go ahead and read the proclamation and then we can uh vote to accept it.

Whereas autism affects an estimate, one in 31 children and one in 45 adults and affects each person differently, resulting in unique strengths and challenges.

Whereas autism can cause challenges with verbal and nonverbal communication, social interaction, and repetitive behaviors, and can affect anyone regardless of age, race, ethnic ethnicity.

Yes.

What he said.

I got you.

Um gender or socioeconomic background.

I'm gonna work on that word.

Thank you.

Whereas autism is often accompanied by medical conditions that impact quality of life, and whereas a comprehensive and collaborative approach will help to advance research, provide a better understanding of autism spectrum disorder, while strengthening advocacy efforts and ensuring access to services and resources throughout the lifespan.

And whereas early diagnosis and intervention tailored to individual needs can have lifelong benefits, easing the transition to adulthood and fostering greater independence.

And whereas each person and family affected by autism should have access to reliable information, supports, and opportunities to live up to their greatest potential.

And whereas the City of Broken Arrow is honored to take part in the annual observance of annual autism awareness and acceptance month to address the diverse needs of autistic individuals and their families.

Now, therefore, I, Deborah Wimpe, do hereby proclaim April 2026 as autism awareness and acceptance month.

So do you want to come you want to connect down?

I'll take it.

Okay, thank you.

Sorry.

No, you're fine.

There you go.

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

A second roll call.

Thank you.

Everyone can share with the reading of proclamations about that.

Um item B is approval of an authorization to execute a proclamation declaring the week of April 12th through 18th, 2026 as National Telecommunications Week.

I'm gonna pass this one either to Lisa or I would love to whereas dedicated do we have some telecommunicators in the office?

Sometimes we have one out there.

I don't see any.

We have one over there.

This is just for you, that's in our artist brand.

Whereas dedicated telecommunicators for the city of Broken Arrow provide dramatic life-saving services by talking just to talking to distressed callers through CPR, helm neck maneuver, child birth instruction, calming hysterical crime victims, and they make difficult decisions using limited information to save lives to reduce property damage on a daily basis.

And whereas the 911 system contributes substantially to the health and safety of citizens of Broken Arrow through the timely delivery of emergency calls to the correct emergency response agency and to the automatic identification of the caller's phone numbers and locations.

And whereas the prompt response of police, firefighters, and medics is critical to protecting life and preserving property, it also results in the apprehension of criminals and the suppression of fires and timely treatment of the ill and injured.

And whereas the men and women of the Broken Arrow Public Safety Communications Center have consistently answered thousands of emergency calls during the past year and provided fast assistance and needed assurance to victims of accidents, crimes, and illnesses, and whereas the critical functions performed by these telecommunicators play a significant role in the daily lives of approximately 100,000 plus broken arrow ones.

And whereas these telecommunicators provide the vital link between the citizens in need of help and public safety first responders, whereas Congress, in cooperation with the National Emergency Number Associate Number Association and the Associated Public Safety Communications officials has set aside the second week in April to recognize the efforts of these dedicated people.

Now, therefore, I, Deborah Wimpy, mayor, um, the City of Broken Arrow do hereby proclaim April 12th through 18th, 2026, telecommunicator appreciation week and encourage all citizens of Broken Arrow to recognize the value of this system in our daily lives and to acknowledge the dedicated people who oversee its operation every minute of every day for our safety.

Whereas in witness whereof, I hereunto set my hand and cause the seal of the city of Broken Arrow to be affixed this 24th day of March 2026.

Um I will say that they welcome um lunches and dinners and cookies this week if you all would like to drop some by.

Um, and I also would like to say we were um in DC this past week for the National League of Cities, and I did get with um Chief Arnold, and we did um talk to the Congressman's and uh the senators about uh how important it is because right now um our communicators are um they're like administrators, like they they're like a they're registered as like administrators, and we want them to be um classified as professionals, and so um the National Leagues of Cities that's one of our priorities in public safety and crime prevention, um which I chair or co-chair that committee, and so we are advocating for that.

So hopefully we'll be able to get you all reclassified.

So anyway, congratulations.

I just realized the other two proclamations were on consent agenda.

And so sorry.

Next time you can read all the whereas next time.

Super fun.

Item C presentation.

Do we need to vote on that?

Uh oh, yeah, we do need to accept it.

I make a motion that we accept the proclamation.

Second.

Just moving right along.

Real call.

Oh, I'm ready.

Item C presentation regarding road closure of Houston Street from South First Street to South Sixth Street in association with the old town waterline improvements.

Yes, sir.

Do you want to present that to the Brandon?

We do have communication.

Oh, that's right.

He is here.

Brandon, would you like to come down and now, Brenda?

Oh, the sign here, sign here.

Oh, I'll get Lisa too.

No, we're fine.

We're fighting over the thermostat back here, just like at home.

Tell us to everybody who's fanning out there in the crowd.

We need to get our mayor a little heater.

Yes.

Come on, guys.

All right, Charlie.

Uh good evening, Mayor, Vice Mayor, Councilmember's Mr.

Spurgeon.

My name is Charlie Bright, I'm the director of engineering construction.

Um, as you guys know, this is a presentation tonight because the authority to close lanes and close roads ultimately falls on the city manager's office or his design.

Um, but uh as we've done standardly, we like to let the governing body and the public know when we think there's gonna be a major road closure of an arterial road.

Um this has to do with a project that this government this governing body approved a few months ago for old town water line improvements.

We're actually doing the improvements themselves with our crews in-house, but then there's some drainage work that follows up that we've paid and hired a contractor to do that follows up our crews, Tim Robbins and his group are doing an excellent job.

And this particular situation, because it's an arterial road, Houston between Maine and Lynn Lane, um, but it's also kind of acting as a residential road there.

You're kind of going through the old town portion, and so the right of way is smaller, the lines are really close to the road in this situation.

So the water line that we're working on is about six feet off the shoulder of the road.

So we're not getting in the road, um, but our equipment will be swinging out over the road, our people will be right next to the road.

So we've put in a road closure request.

Um, technically the applicant is the city of Broken Arrow, but we're going through the process putting on the road closure request to shut down this portion of Houston for about a month.

Um due to the traffic volume that's in the area and the way it kind of acts residential.

We don't think it's gonna be too substantial, but we're gonna push people up to Dallas Street and then back out and around.

So happy to answer any questions you guys have.

Arthur, some of those houses have entrance on that street, is that correct?

Yes, sir.

We've uh our teams are coordinating with all the people that live right there in front of it.

They'll be able to drive around the sign and get into their house.

It's just to avoid constant traffic.

Um but if our our operators see one vehicle get into their house, they'll stop, let them drive by.

Um, it just won't be a constant volume.

So thank you.

Thank you, Charlie.

Item D is presentation consideration and acceptance of the City of Broken Arrow annual financial statements for year 24-25 Cindy Audit.

Cindy Arnold Finance Director.

Um Jake Winkler is here from our Lich and Associates, and he'll uh present a brief presentation of the audit report for the city's financial statements for FY25.

Thank you, Cindy.

Uh I'll emphasize the brief there, so we'll go fast.

Uh this is a no news is good news presentation, which is exactly what you want.

You want boring audit presentations.

Uh nothing exciting is ever good for an audit.

Um you do have a clean report.

Uh we don't have any findings to report.

We have no significant deficiencies, no material weaknesses.

Uh we did audit federal grant money as well.

We did not find any issues in there.

You have a clean uniform guidance opinion as well.

Uh, and another again, a clean yellow book report.

So uh overall it's a very no news is good news kind of audit.

So if you all do have questions, I think you got it in advance.

I can take those now, but if you don't, I can turn the floor back over to you.

What you don't know is our grant writer is actually out uh for us, she's with our Cobra University class, and she's so excited that uh that we're here to say that.

So we wanted to give her a lot of things.

They were amazing.

They did unbelievable put it in the grant reports.

So you know, I think that's part of us uh with our transparency.

So you know I think that's part of us uh with our transparency so um we're we're we're we're we have no doubt that that we were going to get a good audit um report back obviously because we have all the faith in Cindy and her team but um it's always good news a special thanks to Cindy and Tom I mean they were on the ball uh one of the big reasons we were able to get through this and I mean this is you're a large city it takes some time to get through things and Cindy and Tom were just on top of things giving us good records clean records they did a great job so we want to give them a special thanks.

Fantastic yes thank you sir yes and thank you Cindy and Tom I don't see Tom is coming here.

I think you need to take a vote to uh we need to accept accept the presentation I'll make a motion to accept uh annual financial statements for fiscal year 2024 25.

Second real call item E is update on the 2026 general obligation bond package Mr.

Spurgeon well good evening mayor members of council um and those in the audience today I would like to take this opportunity mayor and members of council to recognize that we have our COBAU class with us.

COBAU stands for citizens I may um City of Broken Era University's our leadership program and we have the attendees and I'd like for them to stand up to be recognized if I could please council had a chance to you go sit down now council had a chance to have a short reception with those individuals and these are the future leaders of our organization and I it's very heartfelt that the council members take the extra time to engage with the leadership and these are the individuals that in some way shape or form more than likely will be leading the departments in in the future and dealing with future bond packages and helping formulate formulate the projects working with the community and the transparency that we always try to put forth and so it's a little um bittersweet because this is the last update that I'll be given to the the city council before the actual April 7th vote and it's hard to believe that this process actually started with the first meeting amongst the city management team and finance in September of 2023 when we sat down and we did the proverbial backwards planning on when we wanted to recommend to the governing body that we would take the bond package to the the uh the voters and I I remember Justin had just been in office for just a few months and we were just discussing the whole process and trying to to boil down you know bond package 101 in a very short period of time to the governing body members that were relatively new at the time and I I remember having that conversation I appreciate you all your questions Justin it is an incredible honor to to say that we're just really two weeks away from taking the ninth bond package to our citizens in the last 30 years to give them an opportunity to consider uh projects that are going to continue and maintain the great quality life that exists within our community and I think it's important because there are some folks in our communities that seem to want to think that the city hasn't always been transparent about this process so I think it's important to share uh just a reminder is that we began the public education and the engagement on this well over two years ago and that included seven surveys uh dozens of community meetings steering committee made up of community citizens and three three public forums uh maximum participation was requested by the council in all of those meetings many of those meetings included all of our community partners whether it's our our facilities such as the senior center military history center veteran center arts 302 and the museum along with the sports organizations the five sports organizations I believe there was representatives of many of those meetings to engage with the council members about the the potential projects that they felt should be considered and what's it what is really exciting and I love to use the word is exciting because there's so many amazing things happening in our city is that in this package that the voters are going to consider in just two weeks there are nearly a hundred and thirty projects or initiatives that are going to help build upon the great quality life because we already are a great city there's no question about that it's not it's not proclamations that this council passes its accolades that come from well established organizations around the country and around the state and so I'm very proud to say that we are already a great community and that that's because of the hard work of the citizens that are here today as well of those that have come before this council and myself and the shoulders in which we stand and so I'm very excited I want to remind everyone that January 6th the council called for the election for the vote as well as all the legislation and the eight propositions and since the council approved that and we moved into public education phase we've had nearly 50 meetings.

And so I'm very proud to say that we are already a great community, and that that's because of the hard work of the citizens that are here today as well as those that have come before this council and myself and the shoulders in which we stand.

And so I'm very excited.

Uh I want to remind everyone that January 6th, the council called for the election for the vote, as well as all the legislation and the eight propositions.

And since the council approved that and we moved into public education phase, we've had nearly 50 meetings.

Some of those meetings have been as small as five or six uh citizens or two or three businesses, uh, up to where we've had several meetings that had well over a hundred citizens, business owners, operators, and that doesn't include the meetings that the chamber of commerce, uh James Bell and Amber uh Miller here this evening.

Uh they have have been uh they endorse this package and have had their own discussions uh through their Million Cups program, for example, and they've gone out there because they being our partner understand the the importance of maintaining a great quality of life.

It doesn't include the 1400 uh residents that in addition to that the sports organizations are state the other stakeholders, the the the many of you are on the boards of the various organizations that also have a project, and so I'm proud to say is that there have been probably I would say well over a thousand, I'm sorry, two thousand citizens that we've had a chance to visit with about about the public education and the importance of this of this project, and I just want to mention that we still have 15 meetings left uh between city employees, we have the uh two public forums um excuse me to be held on March 26th and April uh April 2nd, is so there's gonna be more opportunities.

And I was um pleased to say that last week the voters guide went to every household that I believe within the community to give residents the information.

I I remember, for example, in 2018, I took mine with me to the polls, and so did several other residents.

Is that they when they went in there to make a decision, is they had their guide with them, and that was the whole purpose of providing that guide is for give residents the opportunity to be well informed when they went into the uh into the polling place and made determinations on those six propositions, as well as uh the residents will have the opportunity to do in in just two weeks.

And so I want to take this opportunity because it is my last time to thank the council for your vision.

Number one, secondly to the directors, specifically uh Charlie Bright and the engineering construction team.

Uh, they did most of the heavy lifting and with the estimates and coordinating all the information for the the council and myself, Aaron McCulloch, their our communications director and his team, and also this all of our partners from the school district to the chamber of commerce to the sports organization, city facilities, everyone participated in this and helped come up with this package that I believe is truly community driven.

And so we're gonna finish strong with our remaining meetings, answer the questions that the public has to make sure when that they feel comfortable that when they go to the polls on a on April 7th, they will have all the information they need uh to make an informed decision on on the bond package.

And so with that, uh I'll ask for the final time.

Is anyone have any have any questions?

A little dramatic there, but it's been it's been it's hard to believe that it started almost three years ago.

And here we are with just 14 days left, and I couldn't be prouder of the leadership of this organization and the staff as well as our partners.

And I I our community has responded very well.

And I will say one thing, amongst the people we've been in front of, the support for the propositions has been overwhelmingly positive.

You've been you've been to many of those meetings, the responses, uh, the understanding of what it takes to maintain a great quality of life.

I think our community has shown that in the past, and they should they've shown that during these meetings how important it is to basically to seriously consider packages, uh propositions that are gonna maintain the great quality of life we have.

Absolutely, and I think uh councillor Ford is about to remind everyone to turn page.

Don't forget to turn page.

Um I I think everyone's done a great job, and especially you, Michael, you your heart and soul has been into this for two and a half years.

I don't know how you get I mean you are energetic anyway, but like I I know your battery is gonna run out April 7th at about nine o'clock.

Um but we um I I know the whole council, we really appreciate your dedication and your work and um and your whole staff on this, and um it's success it is because of your hard work.

And and I really feel I I do feel confident that we've given the citizens everything they need to know to make a good decision.

Yes, thank you, ma'am.

Keep thinking you're gonna run out of words, but no, well, my goal is as I say for my entire career at 658 to know that we did everything we could.

Yeah, absolutely.

We appreciate that.

Yep.

Thank you, sir.

All right.

Um item eight citizens opportunity to address the council on general topic related topics related to city business or services.

Reminder, no action may be taken on matters under this item.

Um we have one citizen signed up to speak.

Um Jill Hatfield.

It has both okay.

Thank you for the opportunity to speak before you.

Um my name is Jill Hatfield.

I live on College Street, uh, pretty much across from the new Amazon facility.

Um I'm gonna read this.

While all of you have been celebrating the sale of the property on College Street to Amazon, I would like to make some comments.

I'm wondering how you would feel if your home was directly across and or just down the street from this business.

Well, that's me and several other homeowners.

After selling my home in Colorado and renovating the home that we had used as a rental, renovated for several thousands of dollars and a lot of work.

Uh, I find myself now having to deal with large noisy earth-moving machinery which starts at about seven o'clock in the morning.

And to that, we have trucks speeding by our houses, which will inevitably do even more damage to College Street, which is already in need of a repair.

Our quiet neighborhood is quickly turning into an extremely noisy area and imposing an equally busy amount of traffic, and our peaceful enjoyment of life will definitely be affected, disrupting our daily lives.

So I was wondering if it ever occurred to you to at least inform us, homeowners, of the coming chaos that we are now having and will be having for some time.

And I'm sure that we would have had many questions about this.

So my question is this.

What is already planned for the street widening from 15th Street to county line?

And how will that affect the front yards of homes?

Or do we just get that that's the question?

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

Second one is um I believe I've I've heard that west of 15th Street will be widened as well, which that is where I live, and how far into our yards will the street widening affect us.

And then my third question is do you know what is the status of the 180-unit apartment complex you approved last year for Beacon apartments?

Um, and when will that construction begin?

Because this is going to generate even more construction equipment, road damage, noise, dust, you name it.

So if you're unable to answer these questions tonight, I'd like you to direct me to the person I can talk to or we can talk to to find out the answers so we can prepare for this.

It's it's going to be a mess.

And um I'm determining whether or not this area of broken arrow is going to continue being my home.

And I'm sad about that because I like where I live.

It's kind of a rural area.

We have people with chickens, we have people with sheep, we have people with dogs and cats and horses, and just want to know if you can tell me something.

Thank you.

Um Curtis, are you able to, or who needs to take Kenny?

Actually, we got the questions, and then what we'll do is there, Mr.

Schwab and I'll talk and then one of us will call her back and let her know.

And then we'll update the question.

That's perfect.

You have my phone number on that form.

Yes, ma'am.

Okay, I appreciate that.

You'll give us a copy of the response.

I have a copy of the questions if you want those.

Would you like that?

Sure.

Okay.

Thank you.

Can we also be sure to uh address the the the comment about um about us not telling them ahead of time because we didn't know ahead of time because not an item that come before council?

Can we address that now or does that need to be addressed later?

I think we can address I think I can't have Rocky address that.

I mean, actually, um I think that'd probably good to at least dress that one.

Yes, for everyone that's I've got the question a lot.

Yes.

Okay, thank you.

Good evening, Madam Mayor, Mr.

Vice Mayor, members of council, city manager Mr.

Spurgeon, I'm Rocky Hinkle, Community Development Director.

Uh, if memory serves me correctly, this piece of property was rezoned to industrial light back in 2020.

So at that time, there would have been public notices that would have gone out to the citizens within a 300 foot radius, and yellow signs would have been posted in the yard alerting them of the public hearing at the planning commission for them to speak in favor or in opposition of it.

At that time, uh it was approved and then moved to the governing body for approval at that time again.

The citizens would have had an opportunity to address uh the governing body with their concerns or their favor for the project.

Do you know at the planning commission?

Did anyone um speak against it?

I'd have to look at my notes, but I don't believe anyone spoke in favor or in opposition of the rezoning.

Um but that is why the the citizens and in this case the the property owner uh was able to develop this project site by right because it had already been zoned six years ago.

Right.

Thank you for that.

Because a lot of people think that every sale of property in the city comes before the city council and does not necessarily come before city council if it's already the appropriate way it can be sold, just like an individual can sell their home without coming to the city council, someone can sell their property without coming to the city council.

Correct.

Can I answer the question, Mayor?

Rocky, would you explain what by right means?

It means that the zoning is already in place for that piece of property, so they have the right to develop that property under a use that fits that zoning.

So since the the it was zoned to industrial light back in 2020, the purchaser of the property intends on building this Amazon uh business.

Which is a use that fits the industrial light zoning district.

Another follow-up question mayor.

So if by right they still have to submit plans, building plans, and they have to follow our codes with regard to building, but in terms of providing notification, it that's it that they have the right to do this, they submit their plans, we approve their plans, and then they can move forward with the actual construction of the physical.

You're 100% correct.

So they still have to go through our development process, which means they have to meet our engine engineering design criteria manuals, all stormwater regulations, federal, state, and uh federal or federal state local uh regulations as well before this project is accepted and they are able to move forward with construction and re at the end of it receive a certificate of occupancy.

Just like every development, like every development that goes through their process, correct?

Thank you.

Okay, I just didn't want people to think that we weren't being transparent because there was nothing for us to present.

Yeah, yep.

Unfortunately, in this case.

All right, thank you, Rocky.

All right, item nine is general counsel business 9A consideration discussion and possible action for approval of an authorization to award to the lowest responsible bidder, builders unlimited ink authorization to execute a construction contract for the Kenosha Sidewalk Project.

Travis.

Good evening, Mayor, Vice Mayor, Council, City Manager, Travis Small Engineering Construction Department.

Happy to be here tonight to uh present the possible award of the Kenosha Sidewalks project.

Um currently the uh sidewalks uh along Kenosha from approximately Sycamore to Narcissus have a gap in them.

Uh staff at request of uh uh management above us uh looked at designing a project and we brought a consultant on board to design a project and worked with the Union Pacific Railroad uh to put plans together to uh fill in that gap.

Uh in early February, we advertised the the project for bid.

Uh March 10th, we opened bids, we received four bids.

The lowest responsible bidder was found to be uh builders unlimited with a bid of 324,239 dollars and seventy-six cents.

And the engineer's estimate for the project was 382,184 and zero cents.

Uh we do have uh 2018 bond sidewalk funds as well as street sales tax available to fund this project, and I'm happy to uh answer any questions you might have at this time.

Thank you.

Any questions or discussion?

Um I don't I'm just excited about this.

This will really make it uh the walkability gray connection between like Rema and Walmart.

Like we that's where the gap is.

And um, I only know that because about two or three years ago, I don't know how long ago I actually walked that, and I'm like, we don't have a sidewalk here.

So it's been a long process, I know, because the railroad takes a while.

So I'm so excited to finally be able to award this.

And I don't know if anyone else has any discussion, but I would move for approval.

Second.

All right, roll call.

Thank you, sir.

Item B consideration discussion and possible approval of and authorization to execute and publish a notice of availability of the annual audit for fiscal year 24-25.

Cindy.

Good evening again.

Um Oklahoma State Statutes requires publication of a notice of availability of the annual audit.

And this is just the requirement.

This will go in the newspaper, just saying that it's available.

And staff is recommending that the city council approve the notice of availability.

Wonderful.

Thank you.

Thank you.

Any questions or so if someone wanted to see it, it would be like at our reception area.

And it's going to be online too.

All right.

We have a motion, second, roll call.

Item C consideration discussion and possible approval of PUD 2644-26 for Elijah Fields 3.

Rocky.

Good evening again, Madam Mayor.

PUD 2644-2026 is a request for a major amendment to PUD 306 on approximately 53 acres, generally located at the southeast corner of Tucson and Garnett Road.

The property is partially developed as a single family residential subdivision.

PUD 306 and BAZ 2050 were approved by City Council on June 2nd, 2020.

With this major amendment, the applicant originally requested three preliminary changes to PUD 306.

One to increase the maximum number of dwelling units allowed from 182 to 186.

Two, allow for potential development of a two of approximately two acre commercial area at the hard corner of Tucson and Garnet Road.

This amendment would only acknowledge the intent to develop the corner as commercial property and would still require a comprehensive plan change and rezoning change or other applications to allow for commercial zoning would be made at a future date.

Three, require arterial sidewalks along Tucson adjacent to reservoir reserves area F and G, and internal sidewalks will be provided as required and arterial sidewalks along the potential future commercial tract will be required when developed.

In addition to this PUD amendment, a sidewalk waiver will be required to modify the land subdivision code.

During the planning commission meeting held February 26, 2026, one resident spoke in opposition to this item, and planning staff read four emails of opposition into the record.

The citizen that spoke in opposition opposed increasing the density from 182 homes to 186 homes.

The submitted emails oppose the potential for future commercial development.

Planning commission voted three to two to approve the increase in maximum dwelling units, deny the acknowledgement of future commercial development at the hard corner, and allow escrow for the sidewalks along Garnet Road and Tucson Street.

An updated PUD document has been submitted by the applicant, which removes the request for the commercial area and simplifies the language regarding sidewalks.

But that would be happy to answer any questions and a representative of the property owners here to address any questions you may have as well.

Any questions or discussion?

So the the main concern was the increased number and you say it increased from 181 to 186.

So the current or the current PUD allowed 182 homes.

They were asking for an increase of four homes to 186 total homes.

Okay.

And the commercial piece had been removed.

It was just identified as a future commercial area.

Okay.

It was still if it were approved, it would still have to go through a comprehensive plan change and rezoning request change as well.

Okay.

Any other questions?

So right now it meets the comprehensive plan, but if they change anything in the future, it'll need to have a vote to change the comprehensive plan.

For the commercial component, correct.

Okay.

So planning commission recommended to waive that piece in the PUD, so not even identified that in the PUD, so that means that a future date, the property owner could come back and still go through the process of uh requesting a comprehensive plan change and a rezoning request to change it to commercial.

Okay.

Thank you, sir.

Entertain a motion.

I'll make a motion to approve.

Second, roll call.

Item D is consideration discussion and possible approval of the appointment or reappointment of a member to the Board of Adjustments.

Thank you again, Mayor.

Michelle Bergwall currently serves as a city of Broken Arrow Board of Adjustments.

During a recent review of board attendance records, staff determined that Miss Bergwall's position had become vacant under the attendance attendance provisions of the city code.

Legal and city management have since reviewed the matter and recommend that Miss Bergwall be appointed, reappointed to continue serving in the same position for the balance of the current term.

Staff recommends approval of the reappointment of Michelle Bergwall to the city of Broken Arrow for a term to expire.

Certainly a broken arrow board of adjustments for a term to expire May 1st, 2028.

Did you just say because she hasn't been attending the meetings?

Correct.

So why would we reappoint her?

Well, it's Vice Mayor's uh appointment, and he has that option.

Okay.

Yeah.

That's that was going to be my question.

Oh lots of questions.

Yeah I don't know if I've got the answers I know that that uh when this showed up is the first time I knew about it.

Uh Michelle has been great to work with the city.

She's been on several committees uh TIFF committees uh working with us she was a uh she has an architect or engineer one of the two working for the school system so uh I don't know whether was there some reason that she gave when you visited with her she indicated that the she couldn't make one of the last meetings because she was had oh was out of town and had a trip scheduled for I don't know if it was work or personal but she was out of town.

About how many times do they meet do you think a year?

Because it's not regularly two to four but here lately we've had like three or four in the last couple months so which is highly unusual but yeah yeah okay and she did realize that we're not pleased with uh missing the meetings as well I made that known as well does she want to be reappointed I asked her that and she said she does yes from the information that I've got too so you know I I would like to see her on it but she needs to be there at it at the meeting so uh I'd recommend that we go ahead and reappoint her and and we keep close monitoring of it and let us know if there was any change because she does add a lot of value.

I think all the staff would agree that she does add value but she does need to be there and we expect her to be there.

So I'd like to make a motion that we go ahead and reappoint her to the uh this position did she commit to trying to attend better yeah one she was out of town but obviously there was more than one if I know we don't just put somebody off from missing one meeting.

Yeah she was aware of her absence when I spoke with her and she indicated that she was interested in being reappointed and that she would show up to future meetings well I'll give it a shot I'll make a motion that we reappointer to the uh board of adjustment second roll call item e can did I skip one okay thank you all we'll watch it yeah item E consideration discussion and possible modification to request to appear forms and guidelines for the city council meetings Trevor uh thank you mayor vice member council mr spurgeon uh the council last had updated our um request to appear before council forms and guidelines back in 2021 uh in addition the city has adopted the standard code of parliamentary procedure by Alice Sturgis which is the fourth edition to govern all the rules uh for a meeting those rules provide that the chairperson uh in this case for this body as a mayor has broad power and discretion to manage public meetings um these proposed guidelines that we have for your consideration this evening basically just make it very explicit and so folks who do sign up can understand in clear language uh what the powers of the mayor have uh in running the the meeting uh these include the power to interrupt or terminate public comment if it's necessary to main order uh efficiency or safety of the meeting uh the guidelines were also consolidated to have one that would apply to both city council and planning commission and our other boards we did get feedback from Bob Gorenson and we made the changes that he had requested to clarify uh some of the form questions that he had um so the request to appear forms have been updated to reflect his new guidelines and so I'm happy to answer any questions you might have about these requested changes any questions so our forums really hasn't I mean our procedure hasn't really changed we're just putting it in print is that what you're saying yes ma'am okay but um I know the planning commissions have has changed something probably to mirror more of what ours looks like city council okay so does it stipulate anywhere on there um whether or not it is a requirement to allow public comment it does not that's at the discretion of this body and so uh if you're making the guidelines if you want to make the decision to have no public comment you certainly have the power to do that that's not a requirement under Oklahoma law at this point there are legislation before the legislation before the legislature in this session that does have some requirements and so that could change depending on what the legislature does.

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

Even when that's everything's being repeated over and over and over again.

Yes.

Okay.

Any further discussion?

No.

I'll make a message.

Accepted.

Second.

Roll call.

All right, item 10 is preview ordinances.

10 a consideration discussion and possible preview of ordinance number 3905, amending chapter 7.

Trevor.

Thank you, Mayor.

I know there's a lot of words.

I've been here all night.

And this is the third time that we've presented this before the body.

I think uh we've definitely done our due diligence in terms of getting public comment and presenting what the issues have been that the community has faced.

As you may recall, uh Chief Arnold initially had brought this to the city manager's detention who tasked me, the legal department to come up with some uh guidelines and additional restrictions that could address some of these issues.

Specifically, I think we had some 40 to 50 type incidents of uh short-term rentals that had unattended uh juveniles uh who have been intoxicated, uh lots of noise complaints, uh issues of being able to identify who owned the short-term rental, not being able to contact a local agent to address what some of these issues were.

And I think there's been a thorough record that uh Chief Arnold had made at two of our different presentations.

As you may recall, back on March the 3rd, we had a working session uh to discuss what some of these changes uh should be.

Uh we got input from several owners of the short-term rentals, and based upon your input and your guidance, we've taken another stab at redrafting and uh our presenting it for your uh further consideration and also get any further direction or comment from you on if these are the changes that that you want to see going forward.

Again, this is just a preview, it's not a final adoption.

Um just briefly, since last time that we discussed this, some of the changes that we added were basically to add for formal definitions for the different types of the short-term rentals.

Those were already in our zoning ordinance.

We just pulled those definitions over so everybody understood what the regulatory scheme was for the different short-term rentals.

Uh there was also a training completion discount that we had provided.

We just eliminated that.

That seemed to be a consensus that that wasn't anything that was what was needed.

Uh there was also a lot of discussion about having mandatory general liability insurance.

We've removed that requirement uh from this proposal.

Uh we also added clarifying language that uh there was issues about um whether or not the hosting platform could remit applicable taxes and fees on the licensees' behalf.

There was some question about whether or not we would allow that, and we clarified that we would.

Um we also had uh issues from short-term rental owners about having the advertisements list and display the city license because they were concerned that it would show the unit and the actual address, and so we've removed we we listened to them and we removed that requirement under this updated uh proposed ordinance.

Um and then there was also a mandate that the specific license number be displayed on the listing itself.

Uh that was been removed to avoid disclosing the specific address.

Uh we do retain the requirement that the license is needed to list on the platform, but that can be done you know on the back end with the with the platforms, just to let them know that hey, you need to make sure that they do have a license for them to be on your uh your platform.

We're just not going to require that that license be posted that that shows the address.

Um we also had a change uh to the agent uh change registration.

So if there was a change of who the local responsible agent was, we we wanted 10 days notification.

We'd had requests from the businesses that that be extended to 30 calendar days, and so we've made that change.

Uh and also there is a question about the effective date for the transition.

Uh initially we had asked for 90 days.

Uh we'd had some of the business community asked that it be one year for each uh renewal, meaning if they had a licensed premises that the new regulations would come to apply to them until one year after they had originally been permitted.

The difficulty with that with uh enforcing that is you have a running clock for multiple places, and so community developments would be put in a position where they're trying to uh continually figure out okay, well, do these rules apply to this uh short-term rental or or not?

And the a simpler way to do that would be to extend that from 90 days to 180 days, and so that basically doubles the amount of time uh for compliance with the new regulations.

Um it also clarifies what the city's possible possible enforcement actions were.

One of the big areas of conversation was how do we get people into the system uh so the bad actors aren't just operating without licenses, and so there's several different options that we have.

So obviously the first one is criminal enforcement.

We clarify that it's a class B misdemeanor, this meaner punishable fine not to exceed a thousand dollars andor imprisonment by more than 10 days.

Uh we also have civil remedies and penalties under the zoning ordinance, and then also one of the primary issues that we had with enforcement was out of state uh owners that we were having difficulty getting jurisdiction and service of in our municipal criminal court.

So one of the options that we have is actually to go to civil district court and file an injunction and a cease and desist order.

So the argument would be they're operating without a license and properly would go to a district court.

We would be able to get service on them through the long arm civil service statutes, and then they either, if they don't respond, then we can get a default judgment against them and then go and enforce that on the property.

Um then, if they do, obviously we now are you know in communication with them to get them uh licensed.

Obviously, any of these proposed changes are at your discretion or your direction, and if there's additional different changes that you would like to see made, let us know.

We certainly will make those.

Uh but that's the status of where we are now.

And going forward, we'd just like to get your feedback once we get it in a form uh that you're comfortable with, would recommend that we put it up for final adoption.

I understand that there's I think three different members of the public who want to speak to this matter.

So have you take questions at this time, or if you want to hear from the public and then address those questions, we can certainly do it that way.

One of my concerns was us not being a court of record and that it wouldn't have any meeting up.

It sounds like you found kind of a workaround on that.

And maybe that should be another another for another work session is what is it going to take for us to be a court of record?

I mean, we're 130,000 population, it may be time for us to grow up and be a court of record, you know, at that point.

I mean, see what the benefits are or whatever.

Um, but I do appreciate your work on this, and I I would I look forward to hearing from our from the speakers.

Okay, thank each other.

Thank you, Mayor.

All right, we do have three signed up to speak.

Um first one is Amanda Sowell.

Hello.

Hi.

Hello.

Good evening, Mayor and Council members.

My name is Amanda, and I'm with the space place.

We're one of the first short-term rental properties that was licensed in broken arrow, and we've been operating since 2022.

Thank you for the opportunity to speak tonight.

We support the city's goal of protecting neighborhoods and addressing nuisance properties.

Responsible short-term rental operators want the same thing you want.

Quiet neighborhoods, local accountability, and meaningful consequences for bad actors.

The space place is a family-oriented space-themed experience designed for families and children, not a party house.

To the best of our knowledge, since operating in 2020 2022, we have had no guest police incidents and no large disorderly parties.

That record is not luck.

We've heavily invested in prevention.

We require a two-night minimum stay.

We clearly communicate our occupancy limits, quiet hours, exterior cameras, and our use of technology that alerts us to possible noise or occupancy violations.

We use a smart lock that tracks our activity, our door activity.

We have a property manager who lives five minutes away.

That's me.

And I lost my spot.

We're also piloting AI-based alerts to help identify suspicious door activity early.

I also want to make one important point.

Remote ownership is not the problem.

Local accountability is the issue.

Our owner is remote, but we have built the kind of local oversight the city is asking for.

We have nearby management, active monitoring, and clearhouse rules and systems designed to prevent problems before neighbors or police are ever affected.

My purpose tonight is to not oppose reasonable regulation.

My purpose is to ask the city to clearly distinguish between licensed operators with a strong record of prevention and illegal or repeat problem properties.

The operators who follow the rules bear the cost of licensing, monitoring, local management, and safety safeguards.

Even with an above average occupancy rate, a unique guest experience and strong guest reviews, we have operated at a net loss almost every month since 2022.

That has made it extremely difficult to fund improvements on the home and the landscaping.

When additional costs are imposed on compliant businesses while illegal operators remain active, the burden falls hard hardest on the people who have already who are already following the rules.

We understand that no screening system is perfect.

A bad guest can slip through anywhere.

So we ask for rules that are firm but also fair and proportionate.

Please reserve the strongest penalties for unlicensed operators, serious violations, and repeat problem properties.

One bad actor should not end a responsible business overnight, but operators who knowingly continue illegal activity, illegal activity after notice should face real consequences.

We support strong enforcement against illegal operators, including platform platform cooperation, meaningful daily penalties, and other lawful tools that actually interrupt ongoing illegal operation rather than allowing fines to become just a cost of doing business.

If stronger remedies such as liens or utility-based enforcement are legally available, those tools should be aimed at operators who ignore notices and continue to operate outside the law.

I'm almost finished.

Promise.

We want to continue being part of the solution.

We want to operate responsibly, respond quickly, invest in safeguards, and be good to neighbors in broken arrow.

Please give the city stronger tools to deal with the illegal operators while protecting licensed businesses with a clean record that are doing the best they can to operate responsibly.

Thank you all for your time.

What was the name of your location again?

The space place.

We're off of Dallas Street.

Thank you.

That's cool.

Before you go sorry.

But are there is there something that you've heard that you were in disagreement with?

Because I couldn't really honestly I've just been given a new job role and responsibilities, and I'm the face for space place, so I'm here doing my job duties.

So you know just clarifying.

Yeah, I appreciate it.

Thank you.

I would agree with her.

I really do like it's the people that aren't following.

I mean, yeah, that aren't licensed and stuff, and that's it.

The whole reason we're doing what we're doing.

Yeah, I agree with us.

But can't Kim Mary in response to that that very eloquent uh statement after the work session, there were three items really the council members ask us to consider enforcement, obviously was one of the one of those three, and we had Trevor and I specifically spent a lot of time talking about what is the most effective way, because it's really not about those that are in compliance, but you have to have rules and regulation as uh the the residents spoke about to deal with those people in anticipation that there are.

And I ask all the questions about the utilities and and other uh opportunities, and Trevor, and I want him to expand upon this.

We believe the best way to go about uh those that are not that refuse to register, and those that can't stay in compliance with what are what we have are some reasonable regulations.

There has to be the proverbial consequences in what is the best way to go about it that protects the city and it protects those like we just heard that are doing things well.

And so I'd like Trevor to address uh a situation about what would happen if somebody wasn't in compliance and how we go about trying to bring them in compliance and ultimately what tools we would use.

Uh thank you, uh Mr.

Spurgeon.

So as far as those that are in compliance and that are good citizens, good corporate citizens, um the city's not intending to bring a hammer uh down on those folks.

There is a suspension ladder, so there's escalating uh consequences uh in terms of you know it might be a short-term suspension if you have two or more verified complaints in a 12-month period, so that might only be 30 days.

But based upon everything that the speaker had said, like that the type of business that has those type of rules and regulations, those are already the things that we're we're calling for, so they would easily be in compliance.

So those who are not in the system, that's really who we're trying to deal with, and and those who are not even licensed, and then they're they're just not doing anything that we want them to do.

So one of the main uh tools that we would have, this would be a new tool that we didn't have, you know, uh previously addressed because uh again, when we go through the code enforcement process, the issue that we have the municipal court was given service and getting their attention.

And so what we could do is the first step would be to find to write to send a cease and desist letter.

And so we would send that to the owner uh if they're uh LLC or a corporation and their license with the Secretary of State would have this registered agent, and so that we would be able to get good process to them.

If that gets ignored, the next step would be to get authorization from the council to file a district court action uh for district court to file an injunction against the business at that property from operating in violation of our laws.

And I believe that that would be successful if we can outline and show the case, we would have to tell the story.

We would have to have sworn affidavits from our police officers, police reports saying what is going on from community development in terms of them not being properly licensed, what our license requirements are, and that they should have an order that they can't operate until they come into compliance.

And then once we can secure that district court order, there'll be several things that we could do to enforce it.

One of the things that we would ask is that we could basically uh board up and prevent access to that property while if they're continuing to violate.

Um, you know, in our from the court.

And so uh, and then there's potentially other uh things that we could look at at this point.

I don't recommend it that maybe potentially utilities.

Uh that's a little bit more of a severe and heavier lift.

It gets a lot more scrutiny by the courts.

Uh utilities are considered um a life safety uh type uh service, but being able to shut them down uh through a civil action, I think would get their attention, and and hopefully the goal is when you send them a cease and assist letter and we tell them we will be filing an injunction if you don't comply.

We're hoping that that would get you know the 80 percent or so of those who aren't in compliance to to get them into the system so that they can be good corporate uh citizens uh like the speaker.

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

Sure.

So in in district court, civil district court, it's different than criminal court.

You have uh what's called a long-arm service statute for civil procedure that provides specific uh procedures on how to serve folks that are out of state uh if you need to get jurisdiction over them for operations within the state.

And so essentially we would get a licensed um service agent.

Let's say if there's somebody that lives in Arkansas that's not in compliance, we would get a license uh Arkansas service agent and they they'd give them served.

Um, if they are operating as a corporation, they're required to register their uh registered agent with the Oklahoma Secretary of State, that would be the easiest.

Uh, we could just serve the Secretary of State or the registered agent.

So this gives us additional tools uh that makes it easier to reach out and touch someone.

I do have one question.

Um I've read through this and listening to this, but uh I I don't recall seeing what is going to be the procedure to say someone is operating outside the the confines of what we have here, but uh I know one of our regulations is you can't have X amount of short-term rentals within what is it, 300 feet of another one.

So if someone, you know, a good person has one, a good business has one, then someone's operating right next door within that 300 feet.

Um we can't really just bring them into license because it's not permitted to be there.

So what's the recourse there?

This would be permanent shutdown.

The last time we handled or or addressed a situation similar to that was when we were going through the licensing of medical marijuana establishments.

So we had that situation where you'd have uh a corporate citizen come and get license for a medical marijuana dispensary, and then you'd have one that'd be operating without that license, and then the one without the license would come try to get licensed, and we would deny the license because uh there's already one there that was in compliance, and so at that point, our our our stance historically had been you're not eligible for a license and you can't operate without a license.

I think we've denied an Airbnb here because of the location was not it was too close to the evidence.

Yes, so in other words, Trevor, if somebody was operating illegally, they'd be gonna get a cease and assist order.

Correct.

I want to follow up on the council members to be clear, and then if they chose not to, then we would go through the remedies that you just basically explained.

Yes, sir.

Okay.

I like it.

Okay.

Um next citizen as Jeremiah.

I think it's calls link.

Yes, sorry.

Good evening, Mayor, Vice Mayor, Council members, and uh city manager.

Um, first off, I want to say thank you for giving me the opportunity to speak.

My name is Jeremiah Carlson, and a little background about myself is that I have lived in broken arrow for 12, going on 13 years now, and I manage several short-term rentals in Broken Air with my wife.

All the houses we manage for are for people local to Broken Arrow, and a few are for missionaries overseas that provide them a home when they return.

I also I want to thank the city council for making several adjustments to the ordinance, like the removal of the one million dollar commercial liability requirement and extending license requirement to 180 days.

Um the first two points that I want to make today come from uh from an ordinance shared from police chief Lance Arnold from the city of Plano, Texas.

So Plano has a safe harbor policy.

Currently, as it stands, the broken arrow proposed ordinance relies on an automatic rigid suspension ladder that suspends a license for 30 days after two verified police observations or complaints within a 12-month period.

And for 90 days after three incidents.

So in contrast, Plano's safe harbor policy offers a common sense policy that allows the city to disregard a nuisance incident if the LRA immediately reports the incident to law enforcement and fully cooperates with the investigation.

So Safe Harbor encourages owners to partner with police who are victims of deceptive guests and ensures permitted operators remain an asset to Broken Arrow's law in for enforcement efforts rather than fearing for their business.

Rather than blanket penalties or suspensions, I would encourage the council to adopt a reward-based structure that encourages compliance and the continued compliance.

And I want to encourage the city to consider or reconsider the addition of a hotel motel tax on short-term rentals.

Something the city council may not be aware of is that in late October 2025, Airbnb shifted the fee structure entirely to the owner.

The change reduced revenue anywhere from 15 to 16% if the owner was unknowing.

And average property revenues are down anywhere from five to ten percent.

So adding a hotel tax may break the camels back for many property owners due to decreased margins and ultimately reduce available lodging for tourism and harming city tax revenue.

By adopting these common sense policies, we can focus on cities enforcement efforts on the true bad actors while allowing responsible permitted operators to safely thrive and support broken arrows growing tourism.

Thank you again for your time and your dedication to our community and for allowing me to share my perspective with you.

Thank you.

Trevor Burrus On his point about the safe harbor.

Um would he made a great point about if if you find out that there's something going on and you contact the police, that's different than if so the way the ordinance is currently written is it requires a verified police observation.

And so that's defined specifically as a report by a responding peace officer that's supported by body worn camera photographs, decibel readings, or other contemporaneous documentation that establishes that there was an enumerated nuisance behavior that occurred uh at the at the at the location.

Those enumerated nuisance behaviors are public intoxication, possession and consumption of alcohol by a minor, smoking in marijuana, uh in public places in violation of law, contributing to delinquency of minor, disturbing the peace, disorderly conduct, fighting public parking violations.

So those are those are the actions that would be considered enumerated nuisance behaviors.

So but if they took place and the owner is calling us because they're taking place and they want them out and taken care of, they get penalized.

Currently, there is no exception on who calls it in.

So to his point, if you wanted to add a safe harbor provision to encourage self-reporting, we could certainly entertain that.

We could look at Plano's ordinance and we could incorporate that in there if you would like.

Because I would hate for the owner who sees an issue and reports it to be penalized instead of I mean the person who just allows it, I can they need to be penalized, not the one that, in my opinion.

I think that'd probably be similar to like our um safe hotels, um, because I know the hotels are when they're self-report, they don't get deemed, you know, yeah when the police come.

So I'd be definitely open to that safe safe harbor if that owner were able to call and not a neighbor calling in.

Um because I think that still solves our problem where you know it's not it's not affecting the neighbor.

And we did have a very good conversation on the phone, right?

And I appreciate that.

And I did um explain to him about the hotel motel tax that all of that goes back into bring in tourism and um so that was something that you weren't totally aware of, and so I I think we had a good conversation with that, but definitely I would be open to that in Safe Harbor looking into that.

And then what was the second?

What was the middle issue?

Um, the incentive-based fees basically offering like a reduction in the annual fee for anyone who hasn't had any sort of what is the fee now?

Uh I'd have to defer to Rocky.

Look at her.

I think it's 500.

Yeah, annual for the license.

I don't know it offhand, but I have to look it up.

He knows he pays.

Yeah.

He's like it's 500.

500.

Is that something the council would like for us to come back with a recommendation?

I mean, that you know, if that's an incentive, but it doesn't sound like to me we're having problems with the people that are following the rules, but the problem is the ones that aren't complying already.

How would we structure that with our schedule of fees?

It's gonna be a sliding scale.

Yeah, it would be a process.

I think we'd have to look at the research and see other communities and how they've done it, and then come back with the recommendation, and then that you're you're correct, counselor.

They would be in the manual fees because then community development would would actually uh implement those fees if they meet the criteria.

But if that's something that uh council is interested in, I think it's worth actually bringing you back a recommendation to consider.

And my only other um question about the uh the safe harbor.

Um, is there a limit to you know how many times the homeowner can call the police and be like auction free?

I called, so this would not not say in a negative way or you would do it, but I mean like your booking the party people and then you call in and say yeah, I mean I'm not saying that the the you guys, the responsible people would, but I can see some people be like I'll rent whoever I want to as long as I call the police and no harm, no foul.

You have to think about those things, yeah.

Yeah, unfortunately.

You do right.

I think the idea was that um it would be that they would have to comply with the investigation and then also show that they were taking reasonable measures to prevent it from happening, and that it was just yeah, and if it was every weekend they were.

Exactly, it should be like an exception.

So we need to include that in the line.

Well, it's definitely things to look into.

Yeah, definitely things look into for sure.

Yeah, okay.

Awesome.

Thank you, sir.

Okay, all right, thank you.

Thank you.

All right, I'm so I understand.

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

Uh Jessica Page.

Hi, hi.

Hi.

Hey, thank you all so much for your service.

Really, like we would not have the city that we do if it weren't for you all.

So with all my heart, thank you very much.

Um, so I moved here at the end of 24.

I bought a house brand new all by myself.

I was so excited.

Anyway, and I love my home.

Um, but I bought it intentionally thinking, you know, I might one day move on up in the world a little bit and get a bigger one with pool in the backyard.

And then if I do, then I want to use that as an Airbnb because I bought off at 81st Street, and while I have a huge backyard and I love my house, I did not look at an aerial map, and it's like being at NASCAR.

I'm not I'm not putting money in my backyard, you know.

So I just want to make clear that first of all, how can I get a copy of the ordinance?

That's one question I have.

And then um sorry, I'm looking here.

Oh, yeah.

I just wanted to say that it was the proximity of the amphitheater that you know it's it's great for somebody who wants to have an Airbnb over where I am.

So is there and there was another question that somebody asked, and I wrote it down, but I can't remember.

So I just need a copy of that ordinance, and um I understand that there is definitely gonna be a tax hotel tax on Airbnbs, or is there already?

Right now, some of some of them are already charging the the hotel motel tax, some of the um brands or whatever the Airbnbs, but okay.

I I don't that's what I'm pushing for because I'm on the tourism board.

And 100% of that money goes back into bringing people to our city, which will bring more people to Airbnbs and the hotels.

It's like free marketing, but I'm only one vote.

I mean, there's five of us, so yeah, sure.

Okay, that was all.

I just wanted to find out where to find an ordinance, and just to let you know, you know, there's some little widows like me.

I'm not really a widow, but you know, and this high idea of being able to make some money off of my investment would be great.

So you'd like a copy of which ordinance, ma'am?

The ordinance on the Airbnb.

Everything is it just all proposed right now?

Well, there's one currently in place, yes.

There is one in place in the city clerk.

If you wait till the meeting's over, the city clerk can take your information and we can get you a copy.

Awesome.

Okay, thank you.

Okay, okay, we can send you one.

Okay, I appreciate it.

I wanted to come because there are some in my neighborhood are like totally against this, and I'm not one of them, obviously.

So okay, thank you so much.

Wonderful, thank you.

Mayor, I want to let you know Rocky did have the the dollar amount.

It's uh $515 for a renewal fee.

$15.

$550.

You've been shorting us $15.

Just kidding.

Just kidding.

Okay.

All right.

Any other further discussion?

Oh, it's just set for preview.

Okay.

So may ask the council this.

Obviously, there's I think there's some additional work to be done.

Would you want to move forward with what you have now or have us come back, do some additional research and bring some recommendations so you can have one comprehensive ordinance.

Yeah, I think one of the comprehensive ordinance.

Then I would just make a motion to recommend staff to further review the items we discussed this evening and come back with a recommendation recommendations at the earliest possible uh opportunity.

So moved.

What he said.

What he said.

I'll second what he said.

Real cool.

And I I actually just looked up the space place.

Really cool.

Thank you.

Yeah.

You worked really hard on it.

Yeah, very cool.

Um, all right.

Number item 11 is ordinances 11A consideration discussion and possible adoption of ordinance number 3907 amending chapter 21, streets and sidewalks.

Trevor Burrus, thank you, Mayor.

We previewed this ordinance.

Um well at the last council, basically what this ordinance does is make it unlawful to discharge deposits bill or allow to escape or track concrete slurry, water wash, or other construction materials onto and or into the city's right-of-way or stormwater system.

Um we've learned that this has become uh more of an issue with more construction in the city, and there some of the trucks are not properly securing their loads, and so this ordinance gives us the tools that we need to address those and hold uh the violators accountable uh so we can help clean up our our our streets and stormwater and our our roads.

Thank you.

Kind of surprised we didn't already have that.

I thought that was already that's not already uh a law.

We currently uh prohibit um not properly securing loads, but this specifically address uh the concrete and the slurry and the washouts.

Okay, uh motion to approve second, no call item B is the emergency clause.

Move for the emergency clause, second that comes up.

All right, remarks and inquiries by governing body members.

Well, we all just got back from uh DC.

It was kind of a cool time to be in DC.

I feel like yeah, barely.

We barely made it there, and we barely made it back.

I don't know if anyone's traveled lately, but it's not fun.

Um but it was kind of a cool time to be in DC because one of our broken arrow residents became our secretary of homeland security, which is really cool.

And so we were there during uh his confirmation uh committee hearing, which was a little rough to watch.

But um, but yeah, so that was kind of a neat time to be B in DC.

And there's a lot going on in our state as far as our congressman and our senator, and so lots of movement going on, and so uh meeting with each of our legislators on the hill.

You can tell they're all kind of where are we going, what are we doing, the staff coming and going and everything.

So, but it was uh another great conference.

So anyone else.

Yes, I had a uh a comment follow-up to uh earlier comments, and uh I had uh as a vice mayor, one of my jobs is to go to the NCOG if the mayor isn't able to go.

So uh last month she wasn't able to go, and she sent me in her place.

That was good.

I always enjoyed being on in uh NCOG.

What I run into though was uh first of all, I want to really compliment again the staff.

You know, I've been on a council now for 44 years in the planning commission, and I've been through a lot of elections, and I've never seen a staff together work as hard as this staff has in this uh bond election.

It's just uh it really makes me as happy as as if of it passing, you know, to see so many people working together.

Uh and so doing when I went to the meeting, one of the some of the people I was sitting next to were representatives from Tulsa, and they were complimenting the city of Broken Era because they've been following it.

They've never seen a transparency of that magnitude in any type of bond issue, and they learned a lot from the bond issue.

Now I gave the credit, I'm not I should have given it to all of you, but I gave the credit to the city manager because he's been such a leader in the years that he's been here.

But I was just taken back about they all knew exactly about a bond issue and what they were, the transparency.

So I was just really impressed.

So staff, thank you very much.

You've really impressed me, and and I know the whole council, and uh especially a city manager.

I appreciate it.

Appreciate it.

Anyone else?

I would just like to add the Broken Arrow use City Council went as well.

Yeah.

And represented Broken Arrow very well.

Be very proud of that.

And also it's it's a lot of work for our chaperones that went, Lori Hill and Michael Goffroy, you know, big kudos to them as well.

Absolutely.

And Vice Mayor takes our seniors to Arlington Cemetery because he was an old guard there.

And what a priceless experience that is for our seniors to have that tour with you, sir.

Sure.

Um, all right, city manager.

I do, Mayor.

I have four things.

First off, I want to thank Mrs.

Hatfield for her questions, and we'll get we'll get back with you with the with the answers to your questions.

And secondly, just to notify the council that the uh fiscal year 2027 budget process is started.

Uh this week is actually budget week and next week as well, as we begin to finalize the recommendation that we'll be submitting to you later this spring for your consideration.

Secondly, I'd like to recognize Cindy Arnold and the finance team for the results of the audit.

Uh obviously it's very clear that once again uh we've met all the standards and expectations uh that we should as a community with regard to our finances and the and the the the uh the accounting, and so thank you, Cindy.

I really appreciate y'all that you and your team do very much.

Uh since Cindy will be here eight years next month.

And so she's very proud of all that she has done and her entire team.

Also, I wanted to mention that as a part of the the amphitheater partnership we have with Wagner County, there was some there was there was some uh agreement was made that for a period of time they would they would share the their portion of their sales tax when the amphitheater eventually opens up, and in return the council agreed to actually do some improvements on 209th south of 101st, and also that we were going to do work on Evans Road from Highway 51 to 101st.

And the street department director uh Tim Wilson informed me today at the at the uh library that essentially the work is completed.

They were doing the striping on 209th when I went out there this uh late this morning, and his team is wrapping up on Evans.

And so I've already seen some post of folks very appreciative of the work that's been completed.

So if you're out that way, check out both of those roads.

Those are previously county roads that uh the city accepted it as a part of the uh the partnership we have with Wagner County for the amphitheater.

And so I want to recognize Tim and Zach for all the hard work and in getting those done, which at this particular time in terms of work for the amphitheater.

The only thing uh that's left for the city to complete is actually tying 43rd Street, which is east of Rosewood, tying that road together as the council knows.

We built the road uh just short of the but the railroad, and we're uh we're waiting to get the final approval from the railroad and also to finalize negotiations for the right-of-way between the two property owners on the other side of the tracks, which according to Charlie Bright is going very well, and hopefully we'll wrap that up, and then once that's wrapped up and we define where the road's gonna go and we work out those issues, then the right-of-way uh is is done, then we can actually start the work on the other side than the railroad.

We'll coordinate with them to completing that.

I don't believe that it's gonna be done before they've the first concerts later this fall, just because the timing, which means we'll be using Gary Street as the ingress egress for a short period of time until such such time as we complete that road.

But it's been amazing to see everything that we've done, and I just wanted to mention the hard work of our our folks to to do those two roads, which benefit the entire part of of that part of Wagner County and Broken Arrow.

So that's all I have, Mayor.

I think I forgot to mention we've got a fire station number eight groundbreaking coming up next Monday.

So very cool for the city.