July 08, 2006

LCNA Quarterly Meeting

Where:
Christ Presbyterian Church Youth Building
2706 East 51st Street (51st & Columbia)

When:
Tuesday, July 11, 2006 -- 7:00 p.m.

Topic:
"State of the City" Update Presented by our District 9 Councilor, Cason Carter

The next quarterly meeting of our Neighborhood Association will be held on Tuesday, July 11th at 7 p.m. in the Youth Building at Christ Presbyterian Church, 51st & Columbia. Our feature presentation will be a "State of the City" update given by our District 9 Councilor, Cason Carter.

This will be a great opportunity for you to meet Councilor Carter, ask questions and discuss any concerns you might have. Feel free to bring a dessert, snack or beverage to share, so that we can enjoy some good food and fellowship after our business meeting. Don't miss it!

Posted by webmaster at 12:20 PM | Comments (0)

March 11, 2006

Temporary Garden Center?

I've had a few residents of the Lewis Crest Neighborhood area ask me about the yellow zoning sign on the northwest corner of 51st & Lewis area.

Zoning Exception Sign

From the March 14, 2006 Tulsa Board of Adjustment meeting agenda, Item 8 Under "New Applications."-

No.: BOA-20222 Subject property: 5050 S Lewis

Special Exception to allow tent sales for bedding plants and related garden supplies in a CS-zoned district for a period of five year, not to exceed 180 days per calendar year.

Under the Sun Garden Center, 918-493-7118

Here's the "exhibit" documentation in PDF Format.

I don't see this as a "threat" to the LCNA.

Posted by webmaster at 05:49 PM | TrackBack

February 27, 2006

Tulsa City Council District 9 Candidate Forum

A District 9 Candidate forum is scheduled for tomorrow. Here's the particulars:

The Brookside, Lewis Crest, Maple Ridge and Ranch Acres Neighborhood Associations will conduct a Tulsa City Council District 9 Candidate Forum from 5:30 to 7 on the evening of Tuesday, 2/28, at Wright Elementary School, 1110 E. 45th Place (one block west of Peoria). All three candidates, Cason Carter, Jeff Stava and Phil Kates have accepted invitations to participate. Clayton Vaughn will be the moderator for the forum.

In a Nutshell:

What: Tulsa City Council Dist. 9 Candidate Forum
When: Tuesday Feb. 28 5:30pm - 7:00pm
Where: Wright Elementary School - 1110 E. 45th Place (one block west of Peoria).
Who: Cason Carter (R) , Jeff Stava (R) & Phil Kates (D)

Dates to remember:

Tuesday March 7th - City of Tulsa Primary Elections
Tuesday April 4th - City of Tulsa General Elections

Posted by webmaster at 04:59 PM | TrackBack

February 09, 2006

Neighborhood Crime Alert

I received the following email from a concerned neighbor. Lewis Crest isn't immune to what is happening to the rest of Tulsa regarding crime. Make sure your aware of your surroundings. Report any suspicious activity in your area to the police and look out for your neighbor. Looking out for your neighbors is one of the benefits to living in the Lewis Crest area.

Yesterday morning approximately 7-7:15 a neighbor around the 53rd and S. Delaware Ave. area had her car stolen. She made the mistake of starting the car to warm it up and left the motor running and probably the door unlocked, went in the house for 10 minutes, came out and her car was gone. The police did come and take a report.

With the two ladies killed on 51st not long ago, this and I'm sure other things we are unaware of, everyone needs to be more alert and watch for strangers. If anyone is half way aware of the rising crime in Tulsa they need to know our neighborhood is not immune.

Here's a picture of the Tulsa Police crime map for our area.

Unfortunately every colored star represents a crime that was committed on a someone in our area. One of those stars represents a crime that happened at my house. Thankfully in my instance it was just property and no one was hurt or killed!

Remember to ALWAYS report a crime or suspicious activity to the police and remember to look out for you neighbors because they'll be looking out for you. Also make some copies of this email and distribute to your neighbors around you and if they have internet access tell them about the Lewis Crest news blog which is located here -

http://www.lewiscrest.org/blog/

Anyone can sign up for email alerts by adding your email to the notification list which is located on right hand side of the news blog page.

Be aware.... Be careful.... Be Safe!

Posted by webmaster at 10:46 AM | TrackBack

January 31, 2006

Council District 9 - Candidate Forum

Please pencil this in on your calendar! Our councilor, Susan Neal, will not be running for Dist. 9 City Council so this will give the residents of Lewis Crest an opportunity to learn more about the prospective job applicants so to speak.

The Brookside, Lewis Crest, Maple Ridge and Ranch Acres Neighborhood Associations will conduct a Tulsa City Council District 9 Candidate Forum from 5:30 to 7 on the evening of Tuesday, 2/28, at Wright Elementary School, 1110 E. 45th Place (one block west of Peoria). All three candidates, Cason Carter, Jeff Stava and Phil Kates have accepted invitations to participate. Please plan to attend and forward this email to any others whom you think may be interested in attending this very important event. Thank you. Herb Beattie, Co-President Brookside Neighborhood Association 749-4586
In a Nutshell:

What: City Council Dist. 9 Candidate Forum
When: Tuesday Feb. 28 5:30pm - 7:00pm
Where: Wright Elementary School - 1110 E. 45th Place (one block west of Peoria).
Who: Cason Carter (R) , Jeff Stava (R) & Phil Kates (D)

Dates to remember:

Tuesday March 7th - City of Tulsa Primary Elections

Tuesday April 4th - City of Tulsa General Elections

Do your civic duty and plan to vote!

Posted by webmaster at 09:27 AM | TrackBack

November 03, 2005

51st Street to Remain Two Way Street after I-44 Widening

I just returned from the ODOT information meeting regarding the I-44 widening project. The meeting was held at Southern Hills Baptist Church which is about 5 blocks from my hacienda. I reside in the Lewis Crest Neighborhood Assoc. and 51st Street between Lewis and Harvard is our North boundary.

I was prepared to speak out against making 51st a one way street as a member of the Executive Board of the LCNA. Needless to say, I was pleasantly surprised by ODOT's latest and greatest plan to actually make 51st Street five lanes and maintain two way traffic. From what I saw of the revised plans our neighborhood will not have any encroachment due to the I-44 widening on the North boundary.

After the political speeches by Councilor Neal and Mayor LaFortune, ODOT basically said there still wasn't a time line, so a lot of people who will be affected by the widening are still in limbo. The meeting was packed with business owners and home owners who had a chance to see the plans first hand and ask questions of ODOT and designers on a one on one basis.

I shot video of the first part of the meeting that I will post on Tulsa Topics as soon I get it process. Tonight was a good night for the Lewis Crest Neighborhood Association! Stay tuned for developments!

Posted by webmaster at 07:56 PM | TrackBack

October 19, 2005

ODOT Schedules Public Information Meeting on I-44 Widening

The Oklahoma Department of Transportation has scheduled a Public Information Meeting.

Purpose: The Department is inviting you to attend a Public Infomation Meeting to discuss and answer questions concerning the proposed design and right-of-way for I-44 Riverside to Yale Avenue in Tulsa.

Time: 6:00 P.M.

Date: Thursday, November 3, 2005

Location: Southern Hills Baptist Church, 5590 S. Lewis Ave, Tulsa, Oklahoma 74105

Directions: From I-44 south on Lewis Avenue to E. 56th Street

For more information contact: Ray Sanders @ 405-522-7604 or Craig Moody @ 405-522-1465. We look forward to seeing you there.

Posted by webmaster at 04:24 PM | TrackBack

October 14, 2005

LCNA Neighborhood Garage Sale this Weekend!

The LCNA will be holding their Fall Garage Sale this weekend of October 15th & 16th. The Garage Sale hours are from 8 AM to 4 PM.

Here are the addresses of registered participants -

Signs will go up at the entrances into the neighborhood today around noon. Make sure you direct potential customers to your Garage Sale by putting out signs directing them to your location.

Here is a map and garage sale listing of registered participants in PDF format -

LCNA Garage Sale.PDF

Please remember to drive safely!

Posted by webmaster at 10:34 AM | TrackBack

September 16, 2005

Membershp Form & Garage Sale Registration

Residents in the Lewis Crest Neighborhood should be receiving a postcard that informs them of the upcoming Neighborhood Block Party that will be taking place on Saturday, October 1st from 5 PM - 8 PM. The party will be held on the lawn of Christ Presbyterian Church, 51st & Columbia. If per chance the weather decides not to cooperate, the party will be moved inside. Plan on attending this yearly event and get to know your neighbors even better. Please bring a side dish or dessert to share.

The LCNA will be holding their Fall Garage Sale the weekend of October 15th & 16th which is a Saturday and Sunday. The Garage Sale hours are from 8 AM to 4 PM. Participating neighbors are asked to register for the Garage Sale via registering at the Block Party or by downloading the form available below. The $3.00 registration fee helps defray the cost of advertising and each registrant will be given numerous copies of maps of the neighborhood with each garage sale participant marked. This will drive business to your sale as well as other neighbors participating.

Hope to see you at the Block Party!!!

Membership/Garage Sale Registration (PDF File)

Posted by webmaster at 05:13 PM | TrackBack

August 02, 2005

Neighborhood Alert -- Bogus City Workers

I received the following email from the Mayor's Office for Neighborhoods. If you see any suspicious activity in the neighborhood, please call the police.

Dear Lewiscrest & South Creekside Leaders,

There has been a report of someone wearing an orange jumpsuit, claiming
to be a city of Tulsa employee working in your area. The City has not
been able to confirm that work was being done in your area.
Furthermore, the City no longer issues orange jumpsuits to City
employees.

For your information, City employees should carry a photo id and/or a
City of Tulsa driver's license. Their uniforms should also display a
City of Tulsa logo. If anyone claiming to be from the City (or a City
contractor) is trying to do work around your home, you may ask for a
phone number to call to verify that they are supposed to be working in
your area.

This was an isolated incidence, however we wanted to make sure you were
informed.

Monica Hamilton
Mayor's Office for Neighborhoods
918-596-1292
918-596-9010 (fax)

Posted by webmaster at 11:14 PM | TrackBack

June 12, 2005

Neighborhood Meeting - Thursday June 16th

Lewis Crest will be having the June Meeting on Thursday, June 16th. The main topic of the evening will be the I-44 widening project. Here's the information from the LCNA newsletter:

Our next quarterly meeting of the Neighborhood Association will be on Thursday, June 16th. As you can see, it looks like we will have a packed agenda. Our feature presentation will be a discussion of the I-44 widening project and the potential impacts to our neighborhood. Some parts of that project that affect our area are the reconstruction of the Lewis interchange, reconstruction of the Harvard interchange, and the proposal to make 51st Street a one-way frontage road going east from Lewis to Harvard. Mr. Ray Sanders, the I-44 project coordinator for the Oklahoma Department of Transportation, will give us an update of the project and try to answer any questions we may have.

Other issues we will touch upon include burglaries and criminal activity, an update of the Bail-Bonds case at 51st and Atlanta, concerns and information related to AEP-PSO tree trimming, and a proposal by the Executive Committee for a graduated increase in membership dues over the next three years.

So clear your calendar and plan to join us on Thursday, June 16th at 7:00 p.m. at Christ Presbyterian Church, 51st Street and Columbia Place.

Posted by webmaster at 08:20 PM | TrackBack

April 01, 2005

AEP/PSO Tree Trimming - Homeowner's Rights

Recently a meeting was held at Wright Elementary School regarding problems that homeowners have been experiencing with AEP/PSO tree trimming practices. Here is an email sent out by Herb Beattie that is a summary of that meeting. Since the Lewis Crest neighborhood has many mature trees in the neighborhood, it may be wise to print a copy of this list. Homeowner's Rights PSO Tree Trimming.pdf

THINGS HOMEOWNERS SHOULD KNOW WHEN AEP/PSO ENTERS YOUR YARD:
  1. The homeowner owns land within easement, subject to utilities’ rights to use the easement for the delivery of services.
  2. Within an easement, AEP/PSO has an obligation to act reasonably.
  3. Within an easement, owner and AEP/PSO have an obligation to accommodate each other.
  4. AEP/PSO have a right to access an easement to trim trees by traveling across owners land to get to the easement, but they shouldn’t injure your property when the cross or when they are working.
  5. Outside the easement, the homeowner owns the land completely, and has a right to reasonably eject trespassers (including AEP/PSO). The homeowner has a right to be free from encroachment on her lands.

  6. AEP/PSO’s representatives will tell you they can cut out to 15 or 20 feet or more from the power lines.
  7. AEP/PSO does not have a property right that allows them to cut beyond their easement - most residential easements in Tulsa are 7.5 feet on a single property.

WHAT CAN YOU DO?

  1. Know where your easement is and how big it is.
  2. Take photos before, during and after the cutting.
  3. When you get a card indicating that AEP/PSO will cut your trees talk to the AEP/PSO forester about where your easement is and where your trees are.
  4. Demand to be on site when the tree trimming is done. You have a right to be there.
  5. Be firm – don’t let them cut outside the easement just because they want to.
  6. If AEP/PSO persists, inform them you will call the police and press charges for criminal trespass.
  7. If AEP/PSO still encroaches over your objections, do call the police, and call your lawyer.

WHAT ABOUT THE LOGS THAT LITTER MY YARD?
  1. Ask AEP/PSO to clean up the litter they create.
  2. If they don’t clean up, call your lawyer.

Posted by webmaster at 04:46 PM | TrackBack

March 25, 2005

Tree Trimming Public Forum Announced

Fifteen Tulsa neighborhood associations and The Tulsa Audubon Society will sponsor a public forum to inform homeowners of their rights with regard to AEP/PSO's tree "trimming" activities. The forum will be held at Wright Elementary School, 1110 E. 45th Place South (one block west of Peoria) at 5:30 on Tuesday, March 29.

This forum has been arranged in response to complaints from many homeowners and other concerned homeowners about damage which has been done to their properties by AEP and its contractors. The speakers will include attorneys who specialize in utilities' and property owners' rights and responsibilities regarding utility easements. They will advise citizens regarding actions they should consider before the contractors arrive on their property and their rights and responsibilities when workers enter the property. They will also have recommendations for owners of properties which are unnecessarily damaged during maintenance activities in the utility easement.

The sponsoring neighborhood associations include Brookside, Chamberlain Area Neighbors, Dawson, District 25, Gillette, Kendall-Whittier, Key, 33 N. Lansing, Lewiscrest, Louisville Heights, Maple Ridge, 2100 N. Owasso, Riverview, Swan Lake, and Yorktown

The forum will begin at 5:30 and will include a question and answer period.

Posted by webmaster at 07:13 PM | TrackBack

March 24, 2005

LCNA Meeting - Tuesday, March 29th @ 7:00PM

The Lewis Crest Neighborhood Association will be meeting on Tuesday, March 29, to hear from Councilor Neal and Public Works Staff about the Proposed Bond Issue, and specifically, the flood control project in our neighborhood.

We'll meet at 7:00 pm in the Christ Presbyterian Church Youth Room at 51st and Columbia Place.

If anyone has questions please contact Tim Armer at 748-9668 or tarmer@incog.org

Posted by webmaster at 10:18 AM | Comments (0)

October 31, 2004

Post Election Blues? Here's a sure cure!

If you're like me, I know by next weekend you'll be missing all the campaign ads, the debates, and political commentary. Well maybe not, but if your looking for something to do and like to check out Garage Sales then your in luck!

Homeowner For Fair Zoning will be holding a fundraising Garage Sale November 4th - 6th (Thursday thru Saturday) at 71st and Louisville. Not only will you find some great deals you get to help out a worthwhile organization as well.

For more information you might want to check out their website by clicking www.hffz.org.

Posted by webmaster at 12:57 AM

October 27, 2004

Halloween is the Night for Trick or Treat

Here's a news release from the City of Tulsa that answers that yearly question.... "Which night is Trick or Treat?"

Halloween is the Night for Trick or Treat

Release #: MO102504
Release Date: October 25, 2004

Contact: Kim MacLeod
Contact Phone: 596-7803

Trick-or-treating in the city limits of Tulsa generally occurs on Halloween night (Oct. 31), during the early evening hours. There are no plans within the city to change this tradition.

The City of Tulsa municipal government is not involved in the determination of dates nor times for trick-or-treating. However, if there is interest in changing the night for tricks and treats to a non-school night, housing subdivisions and neighborhood associations are free to agree and inform their residents of that change.

City officials and Tulsa Police encourage residents to take children to organized Halloween functions and limit trick-or-treating activities to their own residential neighborhoods.

•Halloween Safety Tips from the Citizens Crime Commission.
•Make sure costumes are flame-retardant (check labels and packaging).
•Keep costumes short to prevent tripping and falling.
•If children will be crossing streets, make sure costumes are light-colored, or put reflective tape on costumes.
•Have youngsters trick or treat in groups. Parents should know their trick-or-treating routes. Parents should accompany younger children.
•Try makeup instead of a mask, which can obstruct a child’s vision.
•Make sure children know not to enter strangers’ houses or vehicles.
•Tell kids to stop only at homes where outside lights are on.

Posted by webmaster at 07:42 PM

Tulsa Local Government Day

I received the following notice from Erin Patrick regarding next months Local Government Day Workshop. If your interested in what's been happening in city government, you might want to register and attend this workshop.

Tulsa Local Government Day
Saturday, November 20, 2004
8:45 a.m. - 4:45 p.m.
Maxwell Convention Center, Assembly Hall

- You Are Invited!

On Saturday, November 20th, Tulsa will hold its first Local Government Day Workshop. Citizens are encouraged to attend and actively participate. Current and former local officials will make presentations and participate in discussions. Eleven different sessions will be offered on a variety of topics of interest to Tulsa's citizens.

Attendance and participation are free! Lunch will be provided at cost ($10) for those who register by November 12th. To learn more and to register, please take a few minutes to visit the Tulsa City Council's web site, at www.tulsacouncil.org, or call the Local Government Day Coordinator, at 596-1969.

200 Civic Center
Tulsa, Oklahoma 74103

Tulsa Local Government Day

Register by November 12th to reserve your lunch
and to ensure attendance at the sessions of your choice!

Posted by webmaster at 07:35 PM

October 13, 2004

HFFZ Email: Important Council Meeting!

IMPORTANT COUNCIL MEETING UPDATE
Lewiscrest.org received the following email regarding Thursday's City Council meeting. Whether you agree with HFFZ and members of the City Council or disagree, I highly recommend you attend the meeting if at all possible. If you're unable to attend this City Council meeting you might consider watching it on TGOV Cox Cable Channel 24 and see what happens "first hand" vs. reading about the meeting in the Tulsa World the next morning!

I took a Literature & Film humanities class in college. We were required to watch a film based on a book, then read the book and write a comparison/contrast essay regarding our observations. This was a fairly easy class due to the fact the film director would take great liberties with the author's story. I see the same thing happening lately in the Tulsa World and the liberties they take in reporting their version of what happened. See for yourself.... first hand and unbiased!

Date/Time: Thursday, October 14, 2004 at 6:00 P.M.

Two important pieces of legislation are on the agenda for this Thursday’s 6:00 p.m. meeting of the Tulsa City Council. (The Council meeting takes place in Francis Campbell Room/Auditorium adjacent to Tulsa City Hall on the North side.) The first proposes that the Mayor be required to promptly submit his nominees for positions on City commissions, boards and trust authorities upon vacancy or term expiration for the current office holder. See the legislation at: Prompt Mayoral Appointments Ordinance. Currently, the Mayor is trying to keep the status quo in place by refusing to submit new nominees for these important City positions. The second ordinance proposes a restructuring of the Economic Development Commission.

The Reform Alliance majority on the City Council is proposing that $200,000 of the $1,300,000 which was to be given to the Tulsa Chamber of Commerce be instead given to the Economic Development Commission. This is being done because the Chamber has a dismal record of promoting new business for Tulsa and, with the majority of its membership being from outside Tulsa, may not principally represent Tulsa’s interests. Giving the funds to the EDC is an experiment to see if they can do a better job. The Chamber’s President is outraged over this and he and the Mayor have tried to pack the EDC’s decision making body with Chamber members. Councilor Medlock has proposed a more balanced system for appointments to EDC which will spread the decision making body over Tulsa’s 9 Council Districts, one from each, 4 Mayoral appointees and the Mayor and one Councilor as ex-officio members. See the legislation at: Economic Development Commission Ordinance.

You are strongly encouraged to attend and show your support for this legislation. Both the news media and the Councilors take note of your attendance. In light of the dramatic efforts of the Tulsa World’s management to orchestrate a recall for two of these five honest City Councilors (i.e., Councilor Medlock and Councilor Mautino), it is important to let everyone know how proud you are of their efforts at bringing reform to Tulsa’s boards, commissions and trust authorities. Persons wishing to speak will need to determine which agenda item numbers have been assigned to this legislation prior to 6:00 p.m. and sign up to speak on that item. John S. Denney, Attorney for Homeowners for Fair Zoning, will be at the meeting and can let you know the agenda numbers. If you have questions or need assistance, he can be reached during the day at 918-742-5472.

HOMEOWNERS FOR FAIR ZONING

MONA MILLER, PRESIDENT
918-496-1481

Posted by webmaster at 07:36 PM

September 03, 2004

Another Update - HFFZ vs City of Tulsa and F&M Bank

I received another update from Mona Miller, President of HFFZ, that goes into more detail regarding Judge Gassett's ruling. The update is below for your review --

On August 31st, Judge Michael Gassett ruled on the Defendants’ motions in the civil rights lawsuit known as Homeowners for Fair Zoning vs. The City of Tulsa and F & M Bank. The Court found that a conflict exists between the City of Tulsa’s Charter provision requiring a majority vote to pass ordinances and the ¾ vote required in zoning protest cases by Chapter 42, Section 1703(E) of the Tulsa Municipal Ordinances (the “zoning protest ordinance”). The Court felt that Development Industries, Inc. v. City of Norman, 1966 OK 59, was controlling on this issue.

While respecting the effort of the Court in arriving at this ruling, Plaintiffs believe that this case is clearly distinguishable from the facts in their lawsuit and, as a precursor to appeal, are filing a Motion to Reconsider and brief with Judge Gassett. Unless Judge Gassett reverses his ruling, Plaintiffs intend to file an appeal with the Oklahoma Supreme Court asking it to retain jurisdiction to resolve matters of statewide concern including their ability to invoke the protections of 1703(E).

Despite the harshness of this ruling for the hopes and expectations of Plaintiffs in this suit, all citizens are urged to respect the diligent efforts of the judiciary in reviewing the matter, both at the trial court and appellate levels of our justice system. This suit is and will continue to be aimed at promoting fairness and due process of law within our system of local and state government.

Mona Miller
President
Homeowners For Fair Zoning

Posted by webmaster at 09:52 PM

August 31, 2004

Summary Judgement in HFFZ vs. City of Tulsa and F&M Bank

I received the following e-mail this evening from Mona Miller, President of Homeowner's for Fair Zoning. The LCNA Executive Committee was discussing this issue earlier this evening as well as our very own zoning issue at 51st & Atlanta Ave. Homeowners for Fair Zoning filed this lawsuit December 18, 2003 and they are just now able to get a Summary Judgment on the case... So if you think our zoning problem will be resolved any time soon... well you get the picture.

Dear Lewis Crest Friends and Supporters;

Judge Gassett ruled today in favor of F&M Bank and the City of Tulsa saying we did not have the right to protest zoning matters resulting in a super majority vote of the City Council.

While we respect Judge Gassett's opinion, we strongly disagree. The State Statute supersedes the city ordinance in our Attorney's opinion and we will appeal to either the Appellate Court or the Supreme Court. In the meanwhile the construction of the bank will be held up until a final decision is made.

Again, Thanks for all your support!

Mona Miller
Needless to say I'm disappointed in Judge Gassett's ruling because it affects me directly as a homeowner in the City of Tulsa. I'm sure Mona and the HFFZ "Gang of Many" aren't too happy about the ruling either. Every day this drags out relates to more dollars expended by individuals. Unfortunately this is probably the plan.... drag this out until it becomes too expensive for the average citizen to keep up the fight.

It's late and my mind is wandering, but I'm sitting here thinking about all the stories that have been in the collective News this year regarding zoning problems.... 51st & Harvard, 71st & Harvard, 41st & Harvard, 51st & S. Atlanta Ave, and the recent stories about the Denver Grill and the new arena. I've just about come to the conclusion that if you're an "ordinary" homeowner that doesn't have influential contacts, your rights are dwindled to almost nothing.

Here are the State Statutes and the City Ordinances revisited. I personally think it's fairly simple, but I'm just an ordinary homeowner with an extremely long memory when it comes to election time! If your disappointed in the ruling, make sure your voice is heard by writing, emailing, or calling your City Councilor. The Tulsa City Council website has all the information needed to contact your Councilor.

Oklahoma Statutes Citationized
Title 11. Cities and Towns
Chapter 1
Municipal Code
Article XLIII
Section 43-105 - Amendments or Changes of Regulations, Restrictions and Boundaries - Protests
Cite as: O.S. §, __ __
A. Regulations, restrictions and district boundaries of municipalities may be amended, supplemented, changed, modified or repealed. The requirements of Section 11- 43-104 of this title on public hearings and notice shall apply to all proposed amendments or changes to regulations, restrictions or district boundaries.
B. Protests against proposed changes shall be filed at least three (3) days before the date of the public hearings. If protests are filed by:
1. the owners of twenty percent (20%) or more of the area of the lots included in a proposed change, or
2. the owners of fifty percent (50%) or more of the area of the lots within a three hundred (300) foot radius of the exterior boundary of the territory included in a proposed change; then the proposed change or amendment shall not become effective except by the favorable vote of three-fourths of all the members of the municipal governing body where there are more than seven members in the governing body, and by three-fifths favorable vote where there are seven or less members in the governing body.
Historical Data
Added by Laws 1977, HB 1100, c. 256, § 43-105, eff. July 1, 1978.

City of Tulsa
Title 42 Chapter 17
E. City Council Action on Zoning Map Amendments. The City Council shall hold a hearing on each application transmitted from the Planning Commission and on any proposed Zoning Map amendment initiated pursuant to Subsection 1703.B. The City Council shall approve the application as submitted, or as amended, or approve the application subject to modification, or deny the application. Prior to the hearing on the proposed rezoning ordinance before the City Council, the applicant shall remit to the office of the City Clerk a publication fee, said fee to be in accordance with the schedule of fees adopted by resolution of the City Council of the City of Tulsa. In case of a protest against such zoning change filed at least three days prior to said public hearing by the owners of 20% or more of the area of the lots included in such proposed change, or by the owners of 50% or more of the area of the lots within a 300' radius of the exterior boundary of the territory included in a proposed change such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the City Council.

Ord. Nos. 17689, 18465, 18641

Posted by webmaster at 10:58 PM

HFFZ Update - Please Read!

Here's the "down and dirty" of the summary judgement hearing that took place on August 26th. Please Note: The time for the next hearing has been changed from 11:00 am to 4:00 pm on August 31st (Tuesday) in the same court room. Show your support if your able too!

On August 26th, a hearing was held before District Judge Michael Gassett on the Defendants’ motions for summary judgment in the civil rights lawsuit known as Homeowners for Fair Zoning vs. The City of Tulsa and F & M Bank.
The issue before the court was whether the Plaintiffs should be allowed to go to trial on their claims for violations of their constitutional right to due process of law in connection with the zoning protests filed under Section 1703(E) of Chapter 42 of the City’s zoning code (the “zoning protest ordinance”).
The City and Bank argued that their motions should be granted because they believe that (1) there is a conflict between the City Charter and the zoning protest ordinance’s requirement of higher than a simple majority vote by the City Council and (2) the City’s zoning ordinances and the City Council’s decisions related to them should be considered a matter of only local concern which should not involve full due process requirements or review by the District Court of any aspect of the decision beyond a standard of whether the action was completely “arbitrary and capricious”.

The Plaintiffs were represented by Lou Bullock, Bob Blakemore and John S. Denney. In their briefs filed prior to the hearing, Plaintiffs’ counsel responded to these arguments with extensive citations of authority and a large list of factual issues in dispute which should be determined by the Court at a trial on the merits. At the hearing, Plaintiffs’ counsel presented an abbreviated form of argument preferred by the Court since Judge Gassett had already closely read the briefs. In response to the Defendants’ argument that there is a conflict between the City Charter and the zoning protest ordinance on the issue of whether greater than a simple majority vote can be required in a zoning case when an appropriate number of protests are filed, Mr. Bullock pointed out that, despite being in effect for over 30 years, the City had never chosen to challenge the validity of its own ordinance and did not do so during the rezoning proceedings themselves. It was only upon being sued for civil rights violations that it took the unusual step of declaring that the City Charter’s requirement of a majority vote in zoning cases meant a ‘simple majority’ only and that any higher level vote requirement would conflict with this provision. While not in any way conceding that this interpretation of the Charter was legitimate, Mr. Bullock pointed out that when the City Charter was amended in 1989, the amended Charter’s provisions adopted the then existing City zoning ordinances, including the language of 1703(E) requiring greater than a simple majority vote. If any potential ambiguity existed prior to the Charter’s amendment, it was resolved by the Charter’s specific adoption of the zoning ordinances as they were then worded.

Regarding the Defendants’ contention that the City’s zoning proceedings were matters of strictly local concern and did not invoke or allow for more than a minimal review by the District Court of what occurred in them, Mr. Bullock argued that the Court should consider issues of due process of law and basic fairness in counting of the number of zoning protests to be matters of statewide concern subject to constitutional and statutory protections and requiring a full review of the matter by the District Court.

It was strongly urged that the case should be set for trial and that the Defendants’ motions for summary judgment should be denied. Unless both issues (1) and (2) are resolved in the Defendants’ favor, the case should go to trial.

Judge Gassett paid great attention to the arguments and asked good questions of both sides. He then passed making a decision on the matter to a hearing before him in the same courtroom on August 31st at 4:00 p.m.

Mona Miller, President of Homeowners for Fair Zoning, wishes to thank all those who made phone calls to notify people of the hearing, showed up at the hearing and otherwise helped arrange for people to demonstrate community support for this lawsuit.

Posted by webmaster at 01:15 PM

August 24, 2004

Homeowner's for Fair Zoning - Please Read

I rec'd the following update from Donna Beekman who is Lewis Crest's representative in HFFZ --

If you do not know - please be aware of a VERY important court hearing this Thursday the 26th at Judge Gassett's courtroom, on the 5th floor of th courthouse, 3:00 p.m.

At this hearing the City of Tulsa attorneys will attempt to discredit the citizens right to petition zoning matters which includes issues requiring a super majority. This issue has the ability to affect every citizen of Tulsa.

Six of nine city councilors strongly disagree with the city attorneys. Where does our district nice councilor stand on this issue? Hopefully she is on the citizens side.

We need as many as possible at the courtroom to show concern and support for citizens rights!!!

Please do all you can to be there. I intend to take time off from work as it is that important. We all know what we have/are going through with our own zoning issue.I hope to see many of my neighbors there, so the judge can see where the citizens stand on this issue. Donna


If at all possible please show up and show your support! If your not able to be present write your City Councilor and tell them your thoughts on this matter. The Lewis Crest Neighborhood Association is in Tulsa Council District 9 and our Councilor is Susan Neal. Her email address is dist9@tulsacouncil.org.

Posted by webmaster at 05:25 PM

June 24, 2004

Michael C. Romig Chosen to Represent City in Zoning Case

Michael C. Romig has been chosen to represent the City of Tulsa in the District Court Case regarding the zoning change request at the duplex at 51st Street & S. Atlanta Pl.

Mr. Romig generally handles zoning cases for the City of Tulsa. Once the response is filed there is no set timeline for the case to proceed. Typically, the plaintiff requests the judge to set a hearing for discovery and the other steps in the process.

The LCNA Executive Committee will be available to help Mr. Romig with any information he deems necessary to help this case. Stay tuned for updates as they become available. You can also check the status of the case by going to the OSCN website located HERE

Posted by webmaster at 07:19 PM

June 02, 2004

Severe Thunderstorms leave MANY without Power in Tulsa

Here is some news from the Mayor's Office For Neighborhoods regarding the damage and power outages as a result of the thunderstorm today. If you know of anyone in the neighborhood that needs assistance during this time. Please alert the LCNA via feedback form on our website or calling the following numbers: 918-637-8830 or 918-747-8022

********* City Emails ***********

Below is an email that I received from AEP/PSO. They are working very hard to get the electricity up and running and they will keep the public posted as mentioned below.

Thanks,
Erin Patrick

A brief note to let you know that we currently have approx. 60,000 customers out of power in the Tulsa/Tulsa metro area due to the storm which blew through this afternoon. Due to the heavy winds and tree limb damage, we are currently estimating up to 3 days for full storm recovery. We will be running radio ads alerting the public to the status, and to take safety precautions with downed power lines. All of our available resources are working toward recovery at this time.

Tulsa Storm Messages June 2, 2004

Downed wires safety message: Consider any downed wire to be dangerous and stay away from it. The line can be fully energized and not be sparking. Report downed wires to PSO at 1-888-218-3919.

Very damaging storm due to the high winds. Number of poles down. Multiple-day storm recovery. Customers without power need to plan for an outage that could possibly last into the weekend.

We are still assessing the damage. The number of customers reported out is expected to increase some this evening as people go home and find their power is out.

We are well into the process of calling in extra resources to help with storm repairs.

Erin Patrick
Mayor's Office For Neighborhoods
200 Civic Center
Tulsa, Ok 74103
(918)596-1292
(918)596-9010 fax

Posted by webmaster at 05:42 PM

March 19, 2004

THE CITIZEN'S GUIDE TO PLANNING AND ZONING?

I found this "new" link on INCOG yesterday. I'm presuming this is the so-called guide the Tulsa City Council requested from the TMAPC.

Click on the following link to get the 37 page Citizen's Guide to Planning and Zoning in .pdf format (NOTE: It's a fairly large file 1,067KB and you will need Adobe Acrobat Reader to view it.)

The Citizen's Guide to Planning and Zoning by the TMAPC

I don't think this was what everyone had in mind, especially the part regarding homeowner's protests. I have included the protest section from the guide below for your review-

VII. REQUIREMENTS FOR PROTEST PETITIONS BEFORE THE TMAPC

Because zoning cases often result in legal action, it is necessary that any petitions for or protests against applications be uniform in their submittal. Evidence of the following must be submitted to the Recording Secretary of the TMAPC as noted below.

Anyone may protest orally or in writing a rezoning application. However, owners of property located within 300' of the property under application must comply with the following if they wish their protests to count toward the required number of votes on the City Council.

- If property is jointly owned, all owners of record must sign.

- Persons signing the petition must be 18 years of age or older at the time of signing.

- Persons signing must indicate the address(es) of the property or properties which they are representing as owners.

- Duplicate signatures (i.e., the same persons signing as representing the same properties) will not be counted. If multiple lots are owned by the same individual(s), those signatures will be counted for each owned piece of property. If a trust property is involved, the petition must be signed by the trustee of record.

- Signatures must be in cursive writing.

- The party or parties responsible for circulating the protest petition must notify the Recording Secretary of the TMAPC no later than one week prior to the public hearing at which the related case is to be heard, and petitions must be submitted by or before 5:00 p.m. on the Thursday prior to the Wednesday TMAPC meeting.

- Signers of the petition must own property or be the trustee(s) of record of property that is within 300' of the property involved in the zoning case.

- Inclusion of a lots/blocks map indicating the addresses and locations of petition signers is greatly encouraged.

I find it amazing that the TMAPC can take an ordinace that seems simple and complicate it to the process stated in the guide. Recently I heard someone say, "So many lawyers, so little time" and I believe this applies in this instance. I'll comment more on the TMAPC protest procedures at a later date. In the meantime, compare the city ordinance below with the TMAPC guide and let me know what you think. You can send your comments via feedback form by clicking here.

Below is the text of Title 42, Section 1703, paragraph E of Tulsa Revised Ordinances.
(To read it in it's full context, click here.)

E. City Council Action on Zoning Map Amendments. The City Council shall hold a hearing on each application transmitted from the Planning Commission and on any proposed Zoning Map amendment initiated pursuant to Subsection 1703. B. The City Council shall approve the application as submitted, or as amended, or approve the application subject to modification, or deny the application. Prior to the hearing on the proposed rezoning ordinance before the City Council, the applicant shall remit to the office of the City Clerk a publication fee, said fee to be in accordance with the schedule of fees adopted by resolution of the City Council of the City of Tulsa. In case of a protest against such zoning change filed at least three days prior to said public hearing by the owners of 20% or more of the area of the lots included in such proposed change, or by the owners of 50% or more of the area of the lots within a 300' radius of the exterior boundary of the territory included in a proposed change such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the City Council. Ord. Nos. 17689, 18465, 18641
Michael Bates has an entry regarding this ordinance and the Tulsa Council's comprehension of it on his website.

batesline.com: A reading comprehension test for the City Council

Maybe the TMAPC needs some reading comprehension skills as well?

Posted by webmaster at 03:20 PM

March 17, 2004

Quarterly Meeting Reminder

This is a reminder that the Lewis Crest Neighborhood Association will be holding its quarterly meeting tomorrow night. We cordially invite you to attend this meeting.

What: LCNA Quarterly Meeting; Zoning Updates & more

When: Thursday, March 18th; 7pm

Where: Christ Presbyterian Church; Youth Building, 51st & Columbia Pl.

Please get the word out to your neighbors to sign up on the website if they're interested in receiving notifications from the LCNA website.

Posted by webmaster at 09:29 PM

March 07, 2004

Anyone Know What's Going on Behind One Summit Plaza?

There's been some activity going on behind the One Summit Plaza building at 5727 South Lewis. Currently there are three big dumpsters full of brush and junk on the site.

Hopefully this is nothing more than a general clean-up, but if it isn't it could impact quite a few neighbors that border this lot. If you have any information regarding this lot and what's going on, please get in touch with the LCNA via phone or e-mail.

Here's a picture of the location in question.

Posted by webmaster at 10:46 PM

January 08, 2004

Informational Meeting regarding Tabu Topless Caberet going into business at 51st and Harvard

An informational meeting will take place on the Topless Bar that is trying to go into business at 51st and Harvard. District 7 Councilor Randy Sullivan will be speaking.

   Date:    January 12 (Monday)
   Time:    6:30 pm
Where:    Woodland Acres Baptist Church
                  5511 South Harvard Ave.

From the Tulsa World.....

A plan to convert an old gas station into a TOPLESS CLUB at 51st Street and HARVARD Avenue is drawing concerns from area residents, businesses and city officials.

Those concerns range from fears that the strip CLUB will hurt area businesses to the impact it might have on area crime.

The article goes on to give some background about the owners husband....
Court records show that Todd Stephen Hill has been convicted in Tulsa County of felony charges that include unlawful possession of a controlled drug, grand larceny and a misdemeanor charge of operating a place for prostitution.
A topless club at 51st & Harvard; A Bails Bond office at 51st and Atlanta Place (less than a mile due west of the club on 51st St.); About the only thing left to build would be the satellite jail on some homeowners property that has been deemed "under utilized", and it would be close to "one-stop shopping"

Posted by webmaster at 07:05 PM

December 14, 2003

A Letter from the 71st & Harvard Neighborhood Residents

I received the following email the other day regarding the 71st & Harvard area zoning problems. I believe they make good points about Homeowner's rights or lack thereof. However, I realize that I'm just an individual and don't speak for the Lewis Crest Neighborhood Association as an whole.

Read the letter, and give feedback via the Lewis Crest Neighborhood Forum which can be found by clicking this link - LCNA's Tulsa City Beat Forum - Homeowner's for Fair Zoning


YOUR HELP IS DESPERATELY NEEDED TO PROTECT THE NEIGHBORHOODS OF TULSA AND THE RIGHTS OF TULSA HOMEOWNERS!

Over the past thirty years, there is not one occasion where petitioning homeowners' concerns have prevailed over commercial interests in zoning fights before either the Tulsa Metropolitan Area Planning Commission (TMAPC) or the City Council. The recent decision by a majority of the members of the City Council and of the Mayor to allow F & M Bank, contrary to the Comprehensive Plan, to construct a bank and office building at 71st and Harvard demonstrates the total lack of protection for Tulsa's neighborhoods.

When homeowners protested that plan, some members of the City Council made clear their view that they would do whatever the bureaucrats at TMAPC recommended, regardless of what the homeowners might say. Members also openly stated that they were willing to "let the District Court settle the matter." Most disturbing was the open hostility shown towards those who protested this change in the City's comprehensive plan. Every effort was made to disallow the protest.

Rules which have been applied to past protests were changed whenever those rules appeared to support the protesting homeowners. When it appeared that the homeowners had filed sufficient protests to stop this development, the City Attorney, with the approval of a majority of the City Council, changed the date for the filing of the protests so as to disallow many of those protests. Even protests which were filed early were rejected on technicalities which the courts have rejected in other cases. The message was clear - The City of Tulsa would not allow the concerns of homeowners to prevail over the interests of commercial developers.

Lawyers are preparing to take this matter to Court and have informed us that they believe that this is an extraordinarily strong case where we have an opportunity to secure the legal rights of homeowners to protest such actions and be heard. For this litigation to be successful, WE NEED YOUR HELP.

First, we need to raise the money needed to bring this case to court. The City and F & M Bank have already demonstrated that they will commit unlimited resources to see that we do not succeed. We need your help in raising the resources needed to defeat them. We have secured Louis Bullock together with a team of experienced lawyers to file this case for us. Louis Bullock has fought and won a number of public interest cases and believes that we can win this one. Our lawyers tell us that in order to be sure that we have resources needed to meet the combined forces of the City of Tulsa and F & M Bank, we will need to raise $50,000. We know that far more than that will be spent by the Bank and the City to defeat us. But, with your help, we can win this fight. Please send your contribution to: HOMEOWNERS FOR FAIR ZONING, c/o Mona Miller, 7211 S. Gary Place 74136.

Second, we are asking the neighborhood homeowners associations of Tulsa to join in the suit. Among the plaintiffs will be homeowners who live close to the proposed bank and office building; but, due to the important public policy issues involved, issues which affect all homeowners in all of the neighborhoods of Tulsa, we are also asking neighborhood associations from across the City to join as plaintiffs. All of our rights are at stake here and we should join together to protect those rights. If we all join together, we can send a message to the City that homeowners can no longer be ignored in this process. Our lawyers have assured us that your association will not be placing itself at financial risk by joining our lawsuit. If you have any question about that, please feel free to call Louis Bullock to discuss that with him. Let us know as soon as possible if your organization will join as a plaintiff by sending a short email, before December 16, 2003, to: jsdenney@justice.com Attn: Steve Denney, Attorney at Law.

With your support we can win this important case and establish fair rules for the consideration of homeowners' protests of zoning changes. Perhaps more important, we can make the point that, in the future, City officials must think twice before they run over homeowners and imperil neighborhoods.


Posted by webmaster at 04:31 PM | Comments (1)

December 13, 2003

Angel Food

Lately we've been participating in a program at our Church called "Angel Food." Well maybe not so much participating as taking advantage of the program. The program is part of Larry Hutton Ministries and our church, First Lutheran Church, is one of the host sites.

Once a month, you (or someone you want to help) can be blessed with wonderful boxes of fresh meats, fresh or frozen fruits & vegetables, and staple items at an EXTREMELY LOW PRICE! Today my wife picked up our Angel box and I was amazed at what $21 buys. Click this link to see what the January 2004 Menu will be.

Angel food orders can be taken at a number of host sites which are listed here. There are no applications, no qualification, and no limit on the quantity purchased. This is not "day-old" or "outdated" food. It's all fresh, top quality, name brand products, shipped from the manufacturers to Tulsa on refrigerated trucks for same-day distribution.

It's helped us save some money on our grocery bill as well as made our menu planning for dinner easier. For more information you can call First Lutheran Church at 582-0917, contact any of the other Host Sites, or go to Larry Hutton Ministries. The last day to place orders at First Lutheran Church for January's angel food basket is January 10th and the distribution of food will be Saturday, January 24th between 10:00 a.m. - 12:00 p.m.

Posted by webmaster at 06:58 PM

December 12, 2003

LCNA Christmas Party

We invite you and your family to attend our annual Lewis Crest
Neighborhood Association Christmas Party! Please bring a dessert or
finger food to share & join us in celebrating the holidays.

What: LCNA Christmas Party
Time: 7:00 p.m.
Where: Christ Presbyterian Church, 5120 S Columbia Pl
Contact: Judy Zickefoose, Coordinator
Phone: (918) 745-8583

There will be caroling and a visit from Santa!

Santa asks that we each bring a canned food item to be
distributed by the Church to those in need.

Posted by webmaster at 06:18 PM

December 10, 2003

Upcoming public rally in protest of zoning changes

The following is a press release I found regarding a upcoming rally in protest of zoning changes. I'm going to try and make it on Monday. Please feel free to comment on this and any other "happenings" in LCNA's forum located on the homepage.

HOMEOWNERS FOR FAIR ZONING

TULSA HOMEOWNERS TO HOST PUBLIC RALLY IN
PROTEST OF ZONING CHANGE

TULSA, Okla. – As a result of the recent zoning change made by the Tulsa City Council and Mayor Bill LaFortune to accept a zoning application submitted by F&M Bank for a residential zoned area at 71st & Harvard and the rejection of the protest filed by more than fifty-percent of the affected residents within a 300-foot radius of the exterior boundary of the lot for which zoning was sought to be changed, HOMEOWNERS FOR FAIR ZONING will conduct a city-wide public forum on Monday, December 15th at 6:00 p.m. at Wright Elementary School located at 45th place and Peoria.

"The purpose of this rally is to update concerned Tulsa homeowners as to the vital impact the 71st and Harvard zoning decision has for not only our neighborhood but more importantly, for all city neighborhoods," said Mona Miller, HOMEOWNERS FOR FAIR ZONING coordinator. This forum will address public concerns, solicit support from home owners and city officials, and provide legal opportunities to protect the integrity of the protest and zoning process."

"Over the past thirty years there has not been one occasion where petitioning homeowners' concerns have prevailed over the commercial interest in zoning challenges before either the Tulsa Metropolitan Area Planning Commission (TMAPC) or the Tulsa City Council," said Miller.

"We followed the rules and collected signatures from more than fifty-percent of the affected residents within a 300-foot radius of the property in question. The law states that in the event of filing our protest, the passage of the zoning change requires a three-fourths majority of the City Council. The Council acted without the required three-fourths majority and illegally disregarded our protest and approved F&M's zoning request. This decision by a majority of the members of the City Council and Mayor to allow F&M Bank, contrary to the Tulsa Comprehensive Plan, to construct bank and office buildings at 71st and Harvard demonstrates the total lack of protection for Tulsa neighborhoods," said Miller.

"In violation of the due process clause of the Constitution of the United States, my clients were denied a hearing or any semblance of fundamental fairness," said Louis Bullock, neighborhood attorney.
"The rules of the process were continually changed to fit the goals of F&M Bank and its supporters in city government. The clear objective of a majority on the City Council was to deny these citizens their right to fairness and to petition their government. In short, my clients were steam-rolled to serve narrow economic and political interests and consequently, will seek legal remedies."

"We have received a tremendous amount of community response and support from more than thirty-five home owner associations throughout the city of Tulsa and expect a sizable turn out for Monday's meeting," said Miller.

-- END --

Posted by webmaster at 06:57 PM

December 07, 2003

Lawsuit forthcoming from 71st & Harvard Neighborhood

Saw the following posted at Batesline. Looks like things could get interesting on this issue. Lately around our household we've been discussing these recent issues, trying to figure out how we feel about the City's ability to rezone an area without much in the way of checks or balances. I realize that change and growth are necessary to an ever-changing and vibrant society, but at what expense to the citizens that make up that city? Where do we draw the line, and more importantly, who draws that line? Fortunately most citizens that live in a city will never have to face rezoning issues, but there have been a few in the Lewiscrest Neighborhood area as well.

When wrestling with my feelings on such issues I have a tendency to revert to the NIMBY mentality. That mentality causes me to think, "Hey, it's not in my back yard. No problems in my little niche of the world." Then reality sinks in and I realize that if it was... In my back yard, and I didn't have any recourse in the situation... What action would I take? Unfortunately a lot of people never find out about our legal systems until there's a crisis and then the proverbial "School of Hardknocks" kicks into play.

I'll continue to keep you posted about this issue.....

Here's the letter....

November 25, 2003

City Clerk's Office
City of Tulsa, Oklahoma
Tulsa City Hall

Wendy Z. Martin
Secretary to the City Council
of the City of Tulsa, Oklahoma
Tulsa City Hall

Re: City Council Approval, over Homeowners' Protest
of Rezoning of SW Corner of 71st and Harvard
by F&M Bank to Light Office w/ PUD (Z-6902/PUD-687)
Protest under 42 Tulsa Rev. Ordinances 1703.E

On behalf of my clients, home owners in the area of 71st and Harvard Avenue and other persons concerned about the treatment of homeowners appearing before the City Conucil, I wish to inform you that we are preparing a lawsuit seeking to have the Court hold void the decision of a majority of the City Council and the Mayor of Tulsa, granting a change of zoning so as to allow F&M Bank to construct a bank and office building on the corner of 71st Street and Harvard Avenue.

As is well known, my clients filed protests over the proposed change of zoning. These protests were filed in conformance with 11 O.S. 43-105 and 1703.E of [Title 42 of] the Ordinances of the City of Tulsa. A protest was filed by the owners of 50% or more of the lots within a 300 foot radius of the exterior boundary of the lot for which zoning was sought to be changed. The law states that, in the event of the filing of such protests, the passage of the zoning change requires a three-fourths majority of the City Council. The Council, acting without the required three-fourths majority, illegally disregarded these protests and approved the requested change of zoning. The ordinance passed is therefore null and void and without any legal effect.

The lawsuit soon to be filed will also seek remedies for the City's violation of the Constitution of the United States. In violation of the due process clause of the Constitution, my clients were denied a hearing or any semblance of fundamental fairness. The rules of the process were continually changed to fit the goals of F&M Bank and its supporters in City government. The clear objective of a majority on the City Council was to deny these citizens their right to fairness and to petition their government; they acheived that objective. In short, my clients were steamrolled to serve narrow economic and political interests.

In our action, we will seek to have the Court hold void the actions of the City in rezoning this property. It is important that, should there be any change in the property as a result of the illegal actions by the City, Plaintiffs will further seek to have the City restore the property to its current condition. In addition to such other relief as might be appropriate, we will seek attorney fees and the cost of this action.

Should you wish to discuss this matter, please feel free to call.

Sincerely,

[signed]

Louis W. Bullock


cc: Martha Rupp Carter
City of Tulsa Legal Department

Roy Johnsen
201 W 5th, Tulsa

Posted by webmaster at 10:59 PM

December 04, 2003

FYI: What direction is Tulsa headed? A report from the Tulsa Metro Chamber

Strategies for Maintaining and Increasing Sales Tax Revenues

Report of the

Infill Development Committee

of the

Economic Development Planning Group


Tulsa Metro Chamber

January 27, 2003

--------------------------------------------------------------------------------

Infill Development Committee
Members

Bruce Bolzle - Chair
Phil Eller
Britt Embry Glass
Jim Gustine
Tom Johnson
Robert Traband
Fred Emmer - Staff

--------------------------------------------------------------------------------

Executive Summary

Strategies for Maintaining and Increasing Sales Tax Revenue:

The infill development task force is convinced that the regional Tulsa metropolitan retail economy is undergoing a structural shift. Due to metro development patterns, the coming of age Tulsa's suburban retail market and other factors discussed in this report, retail sales are occurring more and more frequently in Tulsa's neighboring suburbs while City of Tulsa retail sales and sales tax revenues are beginning to decline as a result. The committee believes this is an observable fact and presents quantitative data which support this observation.

The result of this phenomenon is a decline in sales tax revenues flowing to the City of Tulsa. Because this decline is structural in nature, city revenues will not return to a growth pattern when economic conditions rebound; instead revenues will continue to stagnate or even see further declines.

The forces creating this trend cannot be addressed directly. Tulsa has no method or ability to prevent retail development beyond its borders nor would it be advisable to attempt to do so if such a method existed. Instead it is the committee view that Tulsa leadership must persuade Tulsa citizens to adapt to changing nature of the market.

The committee sees two primary strategies which may be employed to maintain and increase sales tax revenues.

First, Tulsa should develop, centralized and connected within its borders, unique regional attractions, which will serve the purpose of continuing to attract shoppers to Tulsa.
Secondly Tulsa must replace retail customers that are lost to suburban shopping by creating new and interesting places for them to live, here within our borders. For every shopper who no longer visits Tulsa due to increased suburban shopping convenience, Tulsa must attract a new full time resident to live within Tulsa.


This report is not intended to express any unfriendliness toward Tulsa's suburban communities nor raise a spirit of antagonism in midst of the productive dialogues which are presently underway. Instead the report is calling attention to a potentially severe financial crisis which threatens the revenues available to fund public safety, road, water, sewer, and flood prevention infrastructure, and all manner of public services. Our Suburban neighbors will be well served by a healthy and vital Tulsa at the core of our regional economy. Recognizing the nature of the potential threats ahead is the first step towards ensuring our mutual prosperity.

This report is prepared by the Infill Task Force of the Economic Development Committee of the Metropolitan Tulsa Chamber of Commerce.

Prologue

The Task Force's goal was to determine potential centers of infill activity, so that government could place emphasis on the development of infrastructure, create incentives for redevelopment, and in general pay attention to opportunities as they arose. The task force was selected from community leaders, with an emphasis on those with direct real estate experience, especially with infill development. The committee membership is listed on the second page of this report.

Early meetings centered upon the generalized need for infill development, the obstacles in place that effectively deter active redevelopment, and a selection of sites that have the greatest potential for infill development and redevelopment. All of those issues will be explored in this report.

It became evident in our discussions, however, that the committee felt strongly about a number of issues related but unstated by the initial goal of the committees work:

First, the committee felt strongly that infill development in Tulsa, Oklahoma does not simply represent an alternative form of land development and redevelopment. The need for infill development has suddenly attained urgency driven by the apparent permanent downturn of sales tax revenues and the dramatic lack of greenfield land to develop.

Second, once the committee's emphasis turned to the loss of sales tax revenues, it became important that this report define the factors that drive retail development, retail sales and the resulting sales tax revenues. 4

Third, in each meeting, the committee's discussions consistently returned to the need for an urban sports/convention/entertainment project. The issues discussed in this report will attempt to emphasize that, not only is such a project important to insure Tulsa remains competitive, it also will be critical in stemming the decline of tax revenues.


As a result, the committee has chosen to name this report, "Strategies for Maintaining and Increasing Sales Tax Revenues -- Infill Development".


Definition of Infill Development

Infill development takes many forms. The phrase has been defined and redefined by realtors, architects, neighborhood association, professional organizations, and environmental groups, among many others. The concept has become confusing because we hear new phrases such as "Smart Growth", Livable Communities" or others, which attempt to describe the quality or design of development. For the purposes of this report, we will make the following distinctions:

"Greenfield Development" will be used to designate the development of vacant, undeveloped sites, whether they exist at the edges of the city's development or in the center of established neighborhoods. While there may exist undeveloped sites within existing, older neighborhoods, it is hard to determine why they should be defined differently than a similar vacant site within an established newer neighborhood, e.g.: at 97th & Sheridan. To enter into an argument over defining the geographic line between a "greenfield" and an "infill" vacant tract is unproductive;

"Infill Development" will be used to designate the re-development of property for the purpose of increasing the density of its use, or for the purpose of changing its use.

--------------------------------------------------------------------------------

Strategies for Maintaining and Increasing Sales

Tax Revenues -- Infill Development

Introduction

Tulsa, Oklahoma has reached the stage in its maturity as a metropolitan center where its surrounding bedroom communities, once support for the growth of the center city and its business and retail development, now have grown their own business infrastructure and their citizens are working and shopping within the former bedroom community. The reasons for the phenomenon are several, its future reality predictable and the solution obvious. This report will attempt to clearly define the current state of our development as a city center within a larger metropolitan community, discuss basic economics related to retail development and the resulting sales tax revenue, and suggest several strategies for the future that will allow Tulsa to maintain and potentially increase the sales tax revenues which are its very life blood. At the end of the report, several immediate action items are suggested.

A Historical Overview

From the establishment of the railhead in 1882, Tulsa has been central to the growth of the region. As a transportation center, surrounding communities were inextricably linked with Tulsa. As Tulsa grew and prospered, so too did the cities closely ringing Tulsa's perimeter. Ease of access and abundance of developable land in these surrounding cities proved attractive to residential developers and their customers seeking to escape the big city. Expansion of industries and ready employment at Tulsa's fringe enhanced the growth of Broken Arrow, Owasso, Sand Springs, Sapulpa, Bixby, Jenks and Glenpool. But while many lived in the surrounding communities, they worked and shopped in Tulsa. Without adequate population, each surrounding town was ignored by retailers that sought population mass to insure their success. And as Tulsa grew larger, more and more businesses were attracted, and the cycle continued until several events occurred, almost simultaneously.

First, the developed borders of the surrounding communities and Tulsa grew together, so as to be almost indistinguishable as separate communities; second, the individual communities became of large enough population to be considered as expansion sites for retailers; and, third, as the dense population centers of major metropolitan areas of the northeast and western United States became fully developed, retailers turned their attention to overlooked smaller markets for expansion. The result is the virtual overnight transformation of the retail landscape of the Tulsa metropolitan area. Once only of interest to grocers, drug stores, fast food and local mom and pop retailers, the cities of Broken Arrow, Sand Springs, Owasso and others are now the new locations of national big box stores like WalMart, Lowes, Home Depot, Kohls, with many more to come. At this writing, major projects are in planning for Broken Arrow, Bixby, Claremore, Glenpool, and Sand Springs. No longer is the resident of the surrounding community forced to come to Tulsa to shop. Shopping has come to them. The phenomenon has nothing to do with the fact that the surrounding communities all were in desperate need of the sales tax revenues to support their ever-growing capital and operating costs. It had nothing to do with effective or aggressive Chamber efforts. It occurred because the population densities were finally right for it to happen. And it occurred to Tulsa's detriment because Tulsa had reached its development limits. Tulsa had no further reasonable land area to develop.

Declining Revenues

The net result of this unfortunate phenomenon is that ever increasing percentages of new development, residential, office and retail, will occur outside Tulsa's city limits. In addition, sales experienced by retailers within Tulsa as a result of customers from outside the Tulsa city limits will decline as those customers shop in increasing numbers within their own community. The results, if left un-addressed, could be staggering.

Tulsa has already seen vacancies within the retail sector as large box stores close as a result of various factors. Most have closed as a result of increasing competition within the same market area, or nationally as particular chains are unable to compete profitably with newer concepts. Home Base and Builders Square have been driven out by Lowes and Home Depot, not only locally but nationally as well. How long can three or four different stores represent the same products within the same market area? How many computer stores will survive, how many bed and bath stores, etc? Even fewer will survive as sales dwindle or competition out-positions them. How long will the Home Depot downtown prosper if Lowe's builds stores in Sand Springs or south along US 75, and Lowe's completes its store at 15th & Yale? Can it survive with sales generated only by residents and businesses in North Tulsa and Mapleridge? For a graphic depiction of the fragmentation of the home improvement market, please see the maps, Exhibits la and 1b in the Appendix.

And as sales decline so also do sales tax revenues. If one assumes that a major retail store requires a minimum of $200 per square foot in sales per year to survive, then a 50,000 square foot box store generates, a minimum of $10,000,000.00 in sales per year; a Lowes or Home Depot, at more than 150,000 square feet, generates $40,000,000.00 plus, representing, at 2% sales tax available to the city coffers, $800,000 in sales tax to the City of Tulsa per year per store. Including the third penny for capital expenditures ( a 3% take for public purposes) the revenue represents, $1.2 million per year. Add to that number, sales tax from the multitude of ancillary small national, regional and local stores that exist as a result of the presence of the big box. It is easy to see that declining sales and the failure of several big stores could lead to substantial losses of sales tax revenues. At this writing, Target has relocated its 71st and Memorial store to 71st and US 169. What large box store exists to fill the vacancy at 71st and Memorial? Will the vacancy fill with lesser discount boxes such as has occurred on the northwest corner of the same intersection? Will the remaining medium and small tenants in the center remain at lease renewal if the old Target is still vacant or will they relocate in Tulsa or just east of 71st & Garnett, in Broken Arrow, or to the new Lowe's in Bixby? Look at the current vacancies at other locations in the corridor: K-Mart, Builders Square, Service Merchandise and Home Place. Almost one million square feet of space is vacant in the 71st & Memorial corridor alone. Where are their replacements?

Numerical Data

The committee has attempted, with limited available information, to gain a quantitative grasp on the magnitude tax dollars lost due to increased suburban retail development. The staff has conducted a preliminary analysis of the retail trade flow between cities for which data has been available.

For the years 1992 until 2001, retail sales growth in Tulsa has appeared robust. Growth rates have exceeded 3% per year for the past seven consecutive years. (Appendix, Exhibit 2) However, these have been nominal growth rates, not real. After these Exhibits have been discounted for inflation, we see that real growth has exceed 3% only once in the ten year time frame and while growth has generally been modestly positive, Tulsa has seen real term declines in 1993 and growth rates of less than .5% in two of the past three years. These simple inflation adjustments shed the first illumination on this problem and are shown in Exhibit 3 of the appendix.

Several of Tulsa's surrounding communities have shown considerable real retail trade growth for the period 1992 to 2001. Consider Exhibits 4 and 5 in the appendix. Most notable is Owasso's remarkable sales increase by a factor of 123%. Bixby has doubled their retail trade for this period. Tulsa ranks 6th out of seven cities in terms of retail sales growth for this period. Also notable regarding Owasso is how clearly they are demonstrating their understanding of this phenomenon, Owasso is specifically marketing their community as a location to capture shoppers before they even reach Tulsa shopping facilities. Exhibit 7 is a very intelligent graphic from an Owasso economic development marketing piece targeted toward retailers.

While inflation adjusted figures have revealed Tulsa's flat performance in two of the past three years, in terms of retail sales per capita, Tulsa has seen real declines in 2000 and 2001. (see Exhibit 7) Also very interesting is the fact that Owasso has for the first time ticked upward to surpass Tulsa in real retail sales per capita. (Exhibit 8)

Even more dramatic is the depiction of Retail Center Square Footage per Capita in the city of Tulsa and the surrounding communities shown in Exhibit 9 in the Appendix. Excepting Owasso, which has just opened over one-half million square feet of space with a population of just over 19,000, Tulsa has over twice the square footage of retail space per capita than the surrounding communities. Tulsa has been able to support this large capacity of retail due to Tulsa's historical role as a regional shopping destination. Not just members of surrounding communities but citizens from even smaller cities and rural areas beyond have come to Tulsa for their retail needs, and much to Tulsa's benefit. This begs the question, how great is the magnitude of this retail dollar importation.

By comparing figures provided by the Stata Data Center on city retail sales to consumer expenditure estimates from demographic provider Claritas, an estimate of the magnitude of retail imports and retail exports was prepared for the year 2001 for Tulsa and for the surrounding cities. Total retail sales in Tulsa for the year came in at $4.6 billion. Estimates for spending made by the citizens of Tulsa came in at $3.9 billion. The $700 million difference between these two numbers represents the value of retail spending which is imported into the Tulsa economy by non Tulsa residents. Two percent of that import value represents the tax revenue available for City of Tulsa operations, or roughly $14 million dollars from outside shoppers. Exhibit 10 and Exhibit 11 demonstrate these figures. At present the committee has not located specific historical consumer expenditure data to create a trend line for this retail trade flows estimate. Our suspicion is that a such a historical data comparison would reveal Tulsa's retail import value on a declining trend. However, Exhibit 13 does demonstrate the decline in the City of Tulsa's relative capture of metropolitan area sales. In 1995, Tulsa retail sales accounted for 82.4% of metro area sales. That market share has declined every year since and fell to 78.1% of metro area sales in 2001.

Conducting such an analysis does require various interpretive assumptions in dealing with the raw data. Staff looks forward to peer review of this material with City of Tulsa research and financial officials.

We have already seen the debate as government attempts to deal with lost revenue. What goes first? Police and fire protection, or street and infrastructure maintenance? Does the ensuing deterioration of services or quality of public improvements result in additional flight to the suburban cities. The threat is that Tulsa could face an ever-downward spiral of declining revenue? If this analysis in fact leads to confirmation of such a trend, our best and brightest efforts will be necessary to reverse it.

Strategies for Success

Tulsa's goal then must be to maintain or increase sales tax revenues so that Tulsa can
continue to prosper and grow. This report has shown that retail survives as a result of
the purchasing power of its resident population and the external population it attracts.
This is a crucial concept to understand. As new retail develops nearer the population it
serves, then existing retail must have additional support to make up for the resulting loss
of customers. To provide that additional support, the City must adopt three distinct
strategies:

1) Dramatically increase Tulsa's convention and tourism business;
2) Maintain and dramatically grow Tulsa's residential base; and,
3) Aggressively accommodate and maximize retail opportunities where they exist.
These two important strategies can only be achieved by focusing of several basic, but critical initiatives:

1) Centralize, not Disperse Important Cultural, Sports and Civic Attractions;
2) Maximize natural assets;
3) Create a culture for growth;
4) Create a structure for growth

Strategy No. 1:

Dramatically Increase Tulsa's Convention And Tourism Business

Few question the desirability of a "Tulsa Project". Virtually all of the recent local political campaigns contained a central business district revitalization project as a key
initiative to be pursued following election. Everything from the commercialization of the Arkansas River to extensive new sports and entertainment venues has been suggested. Certainly convention facilities need updating and enlarging and a new arena should be constructed. Effective, attractive convention facilities will naturally create a more vibrant hospitality industry in the CBD and increase the demand for restaurants to serve convention attendees. We believe these dynamics are well understood.

The Committee's discussion, however, centered more around the question of how can Tulsa maximize the development of such improvements so that the entire Central Business District of Tulsa is enhanced and again becomes the business, entertainment and cultural center of the metropolitan area and the region. If planned correctly, Tulsa's CBD will attract large numbers of residents and visitors in such great numbers and with such regular frequency that quality, large-scale retail, restaurant and entertainment development will occur. And it will occur with the quality which the Tulsa CBD deserves and in the location that best works to enhance the whole.

The challenge in developing such a project will be the assembly of a large enough parcel of property to support not only the planned civic facility and its attendant parking, but also surrounded by enough additional land area for the retail, restaurant and entertainment development or redevelopment. The committee saw this issue as the greatest detriment to the last Tulsa Project proposal. While the proposed site had adequate land for the development of the facility and parking, there was no available surrounding land area or suitable building stock to take advantage of the tremendous numbers of people attending the events. In other word, it is not enough to just build a civic facility. Tulsa must build the facility and multiply the dollars spent by the attendees by enticing them to stay longer, feeding them, entertaining them and selling them goods and services.

In the opinion of the committee, in order to create redevelopment that will cause the CBD to become the business, entertainment and cultural center of the metropolitan area and the region, Tulsa must centralize the development of cultural, sports and civic attractions. This means that Tulsa should aggressively pursue new museums (Air & Space, film, photography, etc), cultural attractions (art museums or annexes, artist lofts and incubators, etc.), sport venues, entertainment venues and see that they locate in or adjacent to the CBD. It means that Tulsa should recognize its important assets and capitalize on them by linking them together. OSU-Tulsa, the Greenwood Cultural Center and Jazz Museum, the River, Gilcrease and Philbrook should all be linked in a meaningful way, and the link should come together in the CBD.

The Uptown area should be recognized as the natural link between the CBD and Tulsa's greatest asset, the Arkansas River, and the CBD should be encouraged to jump the inner dispersal loop. Tulsa needs to find a way to break through the physical barriers of the inner dispersal loop that fragments the great assets of Tulsa into lonely islands.

We should re-question why housing must occur in the CBD? Can it not occur as
effectively in the Uptown area and link it to the CBD by creating attractions in each area
that excite the users of each so they desire to continually move from one to the other?
We should give up the idea that all of the CBD should be vibrant and active after 5:00pm.
Most of the wonderful active 24 hr cities have portions of their business district which do
not have activity after 5:00.

And most importantly, Tulsa must focus on creating development where it is best likely to succeed, not try to force it to occur simply to utilize available land or to satisfy an unrealistic objective. Through careful planning, aggressive marketing, centralization of cultural, sports and civic attractions, maximization of existing assets and effective linkages, the Tulsa CBD can again become the business, entertainment and cultural center of the metropolitan area and the region.

Strategy No. 2

Maintain And Dramatically Grow Tulsa's Residential Base

Creating a dynamic urban environment with outstanding cultural, sports and
entertainment attractions that draw visitors from the metro area and the region will be
challenging. The example of the MAPS projects in Oklahoma City, however, is widely
reported and the results can be seen, touched and experienced by our population. MAPS
effectively demonstrates the possibilities that can be achieved.

The more difficult, but infinitely longer lasting and effective solution to declining tax
revenues will be to maintain and dramatically grow Tulsa's residential base.
Unfortunately in this case we have no commonly recognized example. We will need to
be guided by the experience of much larger cities and much older cities. To accomplish
this strategy will take courage creating a more dense residential base will touch
many people where they live... literally.

Except for the north and west quadrants of Tulsa, few greenfield development
opportunities exist for high density housing. Redevelopment opportunities exist in the
CBD within the Brady and East Village districts. Most reports suggest that only about
1% of the population desires to live in the Central Business District. But real
opportunities and the opportunity to significantly grow the city's residential base only
exist in areas where a majority of people want to live.

But real barriers to real opportunities exist. The last decade has seen Tulsa's
neighborhoods become increasingly wary of development. Protests of individual zoning
cases has led neighborhoods to organize to protect themselves from what they see as
encroachment upon the peace and tranquility of their neighborhoods. Where they can,
they have taken dramatic steps to protect themselves, most notably in the Utica Square
area, through the use of a zoning overlay district called "HP".

This report does not disagree with a neighborhood's right to protect itself from damaging
encroachment. The committee's concern comes from neighborhoods utilizing such steps
to forever preclude reasonable redevelopment. Areas along 15th Street, 21St Street, Utica,
Lewis, Peoria and others have enormous potential for any number of high quality higher
intensity uses, which are precluded by zoning lines too close to the arterial street. The
only development which can occur, is that which can fit in some cases on as small as a
125 foot deep lot. With arterial setbacks, landscaping and other requirements, major
portions of these highly coveted arterials can simply not be redeveloped.

Another example of possible redevelopment, which may demonstrate the potential the
committee believes exists is the east side of Riverside Drive between 33rd and 51St Street.
The Arkansas River represents to many Tulsa's single greatest natural asset. And while
it is an asset to be capitalized by commercial development, it also an asset without equal
for high-density residential development. An unequaled high-density residential site,
sought after by market rate developers could be created with the following work: a
relocated or additional low water dam; construction of the Riverside Parkway from 33rd
to the 51st Street bridge; widening of the River Parks; construction of pedestrian access
over Riverside parkway; and, combined with the existing ODOT right-of-way, assembly
of several hundred feet of depth east of the relocated Riverside Parkway. What will
result is tremendous demand for townhouses, lofts, apartments and condominiums from a
population that does not want to live in the suburbs, but instead want to create a lifestyle,
built around a vibrant urban environment with exercise and views offered by the river,
Brookside, just a short walk away, and ready vehicular access to the balance of the city
via the Parkway. This opportunity exists today in a variety of locations. The demand is
there because the housing is built where the people want to live, by maximizing our
natural or built assets, and creating exciting environments that draw active young and
older adult dwellers.

The natural and built assets are all around us, Utica Square, Cherry Street, Brookside, the
River Parks, TU/Florence Park and others. The challenge is to create an understanding in
Tulsa's population about how this can happen and about why it must happen. And, when
Tulsa is able to take the first step toward increasing residential density in an important
area with rich natural or built assets, we must insure that what is built is an exciting, bold,
dynamic, successful project, that will significantly dispel the fears of other
neighborhoods.

Strategy No.3

Aggressively Accommodate And Maximize Retail Opportunities Where They Exist

In many ways, the barriers to additional retail development are the same as those faced in increasing residential densities. The neighborhoods most dramatically under-served by retail are those in the general mid-town area. Opportunities for increased retail square footage exist in multiple locations: Utica Square, Cherry Street, Brookside, the central Harvard corridor, and the Uptown area, among others.

The experience of the committee was that retailers looking at Tulsa want to enter the market at one of two locations, either the 71st and Memorial corridor or the Utica Square area. Upon the successful opening at the one location, generally these retailers will open a second unit. What Tulsa is missing is the retailer's second store in the Utica Square area, and in a great many cases, Tulsa is losing both of the retailer's units, because higher quality, more upscale retailers will only open in the Utica Square area first.

Tulsa should be aggressively looking for ways to accommodate the large numbers of retailers unable to currently serve this market.

Creating a Culture and Structure for Growth

Two of the four initiatives suggested by this report, namely 1) centralize, not disperse important cultural, sports and civic attractions, and 2) maximize natural assets have been covered in the discussions of the recommended three strategies. The remaining two initiatives, creating a structure and a culture for growth should be well understood.

Tulsa must redefine itself by its actions and attitude toward development. Leadership is the key. Our mayor and city council must, with a united voice, set the tone for the future. Tulsa's leadership must take the time to study and understand the opportunities and obstacles to creating the vibrant, dynamic city we all envision, and craft long-term strategies to achieve the goal. The opportunities, obstacles and solutions must be effectively and consistently communicated Tulsa's citizens. Major landowners and stakeholders must be brought on board, especially those in the Brady, East Village, Uptown, Utica Square and Brookside areas. And department by department, commission and board, each must be structured to fulfill the mission. Tulsa's citizens must become terrified of continuing the status quo, emboldened by the future opportunities and ready to participate positively in the process.

Infill Opportunities

Each committee member was asked to suggest ten infill project areas that they believed had the greatest potential for successful development or redevelopment. Some sites represented are greenfield sites by this reports definition. A compilation of the sites are shown on the aerial map, Exhibit 14 in the Appendix.

Summary

Infill development is no longer just a tool in Tulsa's development toolbox. With relatively few exceptions, infill development is the only tool available to grow the city of Tulsa and its revenue base. The current decline in sales tax revenues, in the opinion of the committee, will be joined by other tax revenues, and will continue their decline, wreaking havoc with the ability of the city of Tulsa to meet it operating and capital obligations. Tulsa must act decisively to turn Tulsa's future course to one of dynamic growth, positioning itself as the regional center of northeast Oklahoma. Tulsa should adopt the strategies and initiatives put forth by this report, and the committee respectfully suggests it should immediately act on the following recommendations:

1) Immediately restudy Tulsa's civic, cultural, entertainment and sports
opportunities and determine finally the location and land area required for a new "Tulsa Project";

2) Immediately engage professional consultants to develop models of retail growth in the Tulsa metro area and its effect upon retail sales and tax revenues with in the city of Tulsa; and,

3) Immediately study the potential for the development of a redevelopment or infill development district classification in the Tulsa Zoning ordinance which would facilitate the redevelopment of important areas of higher density residential and new infill retail projects.

4) Tactically refine the message of this report and disseminate it as critically important to the dialogue and communication regarding Tulsa's future.

Posted by webmaster at 09:03 PM

Update of 71st & Harvard Zoning Issues

The following is copied from batesline.com

The neighborhoods surrounding 71st & Harvard are going forward with a lawsuit regarding the way their zoning protest petition was handled by INCOG planning staff, the City Attorney's office, the City Council, and the Mayor. This lawsuit is not really about the zoning case itself, but about the way this protective law has been stripped away, denying due process to all property owners. Here's a message from the homeowners, seeking your help in restoring this protection for your property values.

Due to the re-zoning of 71 and Harvard and the unfair and illegal handling of protest signatures, we are appealing to District Court to consider Equal Rights for Homeowners. The actions of various entities clearly subverted the intent, as well as the letter of state law that allows for homeowners the right to protest such matters. The people's distress goes far beyond the zoning change. There is an outrage over the basic loss of the right to petition. If enough people will pull together, we will be able to cover the legal costs without putting the burden on just a few. Already we have four lawyers who are donating their time to this lawsuit. If you agree with the value of this lawsuit, please help by donating whatever amount is comfortable. Checks need to be written to: Zoning Alert Watchman Committee Please mail to: Ms. Mona Miller 7211 South Gary Place Tulsa, OK. 74136 Need more information? Call Mona at 492-1481

Thank you, in advance, for your help.

Remember - your neighborhood or your corner could be next. We need to protect this basic right to express opposition.

Posted by webmaster at 08:20 PM

November 14, 2003

Rumblings of Zoning Problems in Tulsa

Seems to be quite a few unhappy neighborhood associations in Tulsa after the recent zoning decision at 71st and Harvard. Tulsa Midtown Coalition (Michael Bates) and residents in the 71st & Harvard area that were recently unsuccessful in their fight of the zoning change are having a meeting this upcoming Monday at Embers, 81st and Harvard to discuss what to do next. They have asked that all neighborhood associations be represented at this meeting. The meeting is scheduled at 7:00pm and I plan on attending. I encourage anyone interested in zoning issues and how the can/will affect neighorhoods to attend. Looks like this might end up becoming a full blown issue for the courts.

I will give updates to these issues when they become available..... in the meantime you might want to check out Batesline for some underlying discussion and history on this zoning issue.

Posted by webmaster at 11:40 PM

October 14, 2003

5105 South Columbia Avenue

On a recent trip to Tulsa's County Courthouse, I ventured into the Land Records office and did some research via the LRMIS (Land Records Management Information System) terminal. It's amazing what you can find out at the courthouse about properties and the like. I actually traced our property back to the the 1900's.

While I was there I looked up the property on 51st and Columbia Ave., the one that is not maintained and a general eyesore to the neighborhood, and found the owner's name, address, and phone number. This is all public record, available to anyone that is willing to make a call, or go to the courthouse and spend a few moments. I will add that everyone in the Land Records Office, Assesor's Office, and Treasurer's Office are friendly and glad to help. If you ever spend some time at the courthouse, the best description I can give it would be "methodical chaos." Phones are constantly ringing, and lots of foot traffic everywhere. The Land Records office is a study of contrasts; there are 3 or 4 rows of computers available for John Q. Public to use for research as well as the huge land record books that weigh about a ton.

I would encourage anyone that hasn't ever visited the courthouse, to do so and see some of the neat things that go on there. For now, I will save you some time.....

The owner of 5105 South Columbia Ave is -

Clain, Larry C.
6930 S Columbia Ave
Tulsa, OK 74136
Phone: 918-481-8844

I'm sure the people that have houses close to this property are perplexed as well as disgusted with the state of this property. I personally think it is an eyesore at one of the main entrances to the Lewis Crest neighborhood. I plan on communicating with Mr. Clain and asking him what his plans are with the property as well as reporting the state of this property to Neighborhood Inspections. I encourage you to do the same, as well as communicate this information to everyone else in the area. Together as a community we can make changes happen! All it takes is a little time and involvement on everyone's part.

Posted by webmaster at 09:39 PM

October 09, 2003

Garage Sale Update

Looks like the weather is shaping up nicely for LCNA's Fall Garage Sale. All the perimeter garage sale signs have been made and are ready for placement early Saturday morning. There are 14 households that registered for the garage sale and there will probably be a few garage sales that haven't registered. Here is a list of the sales in our area:

5223 S Columbia Ave
5339 S Columbia Ave
5109 S Atlanta Ave
5111 S Atlanta Ave
5325 S Columbia Ave
5316 S Columbia Ave
5206 S Birmingham Pl
2744 E 53rd St
5401 S Birmingham Ave
5328 S Columbia Ave
5341 S Columbia Pl
5224 S Columbia Ave
5132 S Birmingham Pl
2541 E 56th Pl

I have a few garage sale signs available for individuals needing them. These are available on a "first come" basis. I will also distribute sheets with the participants' addresses and a neighborhood map. You may contact me via e-mail at publicity@lewiscrest.org or via cell phone at 637-8830.

Please inform everyone you know about our Neighborhood Garage Sale this upcoming weekend and help make this event successful!!

Have a great weekend and HAPPY GARAGE SALING!

Posted by webmaster at 09:34 PM

October 04, 2003

Garage Sale Quickly Approaching

Wow, less than one week before the Lewis Crest Neighborhood Association annual Fall Garage Sale! If you know of anyone that might like to participate (including yourself) here is the information --

Date: October 11 & 12 (Saturday & Sunday)
Time: 8 am - 4 pm

If they want to be included on the garage sale map which will be passed out to participants, they can send information to publicity@lewiscrest.org and I will try to get the information included.

Our new signs will placed on the perimeter of the neighborhood. Here's some trivia.

Q. How many entrance streets are there in the Lewis Crest area?

A. Sixteen

This event is a good way to get rid of that stuff in your garage for fall cleaning and make an extra buck or two for Christmas. Keep your fingers crossed for good weather. I will be monitoring the weather and posting weather updates on the website as the garage sale gets closer.

As always, more information is available on the LCNA website - www.lewiscrest.org.

Posted by webmaster at 11:11 AM

October 03, 2003

Post Block Party Ramblings

Well another neighborhood block party has come and gone. I hope that everyone that attended had a good time like I did! Good weather, good food, great conversation, and a lot of children laughing and playing. The older I get, the more amazed I am at how quickly a year comes and goes.

The following is an excerpt that I think explains what we are trying to accomplish with the LCNA -

Creating a community out of your street
By Ian Chamandy www.streetparty.net

A neighbor of mine was having a conversation with a friend who lives a few streets away about how the people on our street socialize with each other and have an annual barbeque. The friend's response was that he lived on his street for a dozen years and barely knew his neighbors.

His comment made me realize the opportunities that many, if not most, neighborhoods miss by not being communities (I distinguish a neighborhood as a collection of houses and families, and a community as neighbors who interact socially and work together to achieve common goals). Benefits that can accrue to a neighborhood that is a community include:

Fun: Neighbors socialize together on the street, they meet interesting people, they create business