Major street widening in Broken Arrow delayed over right-of-way dispute (2024)

Broken Arrow officials say they are prepared to move forward on a long-awaited widening of one of the city’s most congested streets, with or without the last right of way needed.

The two-lane stretch of Olive Avenue (129th East Avenue) between Kenosha (71st) and Albany (61st) streets was approved for widening by Broken Arrow voters in 2014 as part of a general obligation bond package.

The design was completed in March 2023, but the project has been delayed for at least a year due to a disagreement between the city and Floral Haven Funeral Home and Cemetery over a stretch of about 1,000 feet of cemetery property near the Olive-Kenosha intersection.

Although talks resumed recently about acquiring the right of way, city officials say they are prepared to go forward with a redesigned widening if no resolution emerges quickly.

“We get complaints on a pretty regular basis in my office, and so do the council members” about traffic on Olive, City Manager Michael Spurgeon said, adding that it’s one of the most important north-south routes in the community and heavily impacts people traveling between work and home.

“The redesign is nearly complete,” he said. “So the most important thing for everyone to know is that the city is fully committed to going forward with the project.”

Discussions about acquiring the right of way from Floral Haven, which is owned by Houston-based NorthStar Memorial Group, began in 2020 and continued for more than two years before the city finally began the condemnation process, officials said.

That process was complicated by two dramatically different valuations proposed for the property in question.

The city previously appraised it at around $160,000, but last June, during condemnation proceedings, the valuation was set at $1.6 million by a condemnation commission — some 10 times that of the city’s appraisal.

Floral Haven officials approved of the new appraisal, noting that funeral home properties face challenges different from those of other businesses and that their values are based on criteria that are unique to them.

City officials, however, said the amount was unreasonable.

“It just simply was not something that we could do,” Spurgeon said of adding another $1.6 million on top of the estimated $7.2 million total project cost. “Our options at that point are very limited.”

He said the city offered as much as $500,000. But it was to no avail, and negotiations stalled from there.

Left with little choice, he said, the city is altering the design to avoid the right of way. Under the redesign, the proposed five lanes would be reduced to three along the affected stretch, with the road also being moved farther to the east.

It’s not the solution to traffic the original design would be, city officials said, but under the circ*mstances it’s believed to be the next best option.

There’s still a chance, though, that an agreement can be reached with Floral Haven. The sides met last Friday and will meet again.

“I would love to be able to reach an agreement for the right of way,” Spurgeon said.

But whatever happens next, the entire situation has been “frustrating,” he added.

If the project had gone forward as planned, construction probably would have started sometime in 2024, he said. As it stands now, it could be delayed by another two years, if not longer.

“We apologize to our residents that this situation has come up. We had every intention of knocking this out,” Spurgeon said.

“But we are going forward with this project with the funds we have available and based on what right of way we can get. We know how important that road is.”

Floral Haven could not be reached for comment. But at a Broken Arrow City Council meeting May 7, Walter Still, Floral Haven’s general manager, told councilors that he agreed with the need for the widening project and hoped an agreement could be reached.

Meanwhile, Floral Haven is making plans for possible expansion. The funeral home recently acquired 27 adjoining acres and is seeking city approval for rezoning and a special use permit.

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