Tulsa Downtown: August 2008 Archives

Some wise words in a letter from retired architect Bob Sober to the members of the Tulsa City Council, regarding the proposed Tulsa Stadium Improvement Trust indenture, on the Council's agenda for Thursday night:

Councilors,

The Mayor has asked you to approve the Trust Indenture in this Thursday's Council meeting in one more artificial self-created emergency. Once more you have been set up to overlook the obstacle, this time possibly depriving the public of a new ballpark, stalling the revitalization of downtown and possibly causing the Drillers to move to Jenks. Please, don't fall for it this time.

Take the time necessary to assure that the Tulsa Stadium Trust is really a Public Trust, designed to fairly represent the people. At this point, the Trust has the appearance of a private business disguised (in name only) to look like a Public Trust. The representation of the members and the length of the terms assure tight control of a small group of donors for the first twelve years of its life. This is very important when you consider that all of the decisions concerning the development of the property surrounding the ballpark will be made and committed to bricks and mortar during this period.

Please consider that the following scenario built on both fact and personal opinion:

Faced with the possibility of the Drillers moving to Jenks, the Mayor attempted to find a location in Downtown to keep the Drillers in Tulsa and use the ballpark in conjunction with the Arena to revitalize downtown and stimulate housing and retail growth. The City picked-up the options for the failed attempt to develop a Wal-Mart in the East Village and began negotiations with the Drillers to locate the ballpark in Downtown Tulsa. Frustrated by the sellers inability to establish a purchase price (due to internal lawsuits), the Mayor looked for alternative locations. Turning to her planning consultant for advice, the Mayor selected the current proposed site in the Brady/Greenwood districts. This location is well suited to support the aggressive Brady "Arts" District revitalization effort already underway by the George Kaiser Family Foundation (GKFF) and the conceptual plan to use light rail to solve transportation problems and stimulate high density growth nodes. Like any development deal there are a myriad of problems to solve. First is how do you assemble enough land to construct the ballpark and provide parking (assuming that a ballpark surrounded by parking is appropriate in a downtown location). The solution is to connect the ballpark to the proposed light rail (only one block south) so that existing parking around the city can be used to serve the ballpark. This allows the ballpark to be surrounded by mixed use development, instead of pavement, and furthers the revitalization of the area. This is a beautiful solution and a wonderful service to the citizens of Tulsa. Disappointed by the pace of redevelopment around the new Arena, the Mayor decides that the City should take responsibility for the development of the property around the Ballpark. Creating a special zoning district was inadequate for her vision, the City needed to own the property to assure that the development is family oriented and provides a proper connection to the proposed light rail. This creates two additional problems. First, it doubles the cost of the project from $30M to $60M, second, the property must be assembled (this was already accomplished at the East Village site).

My issues with the Trust Indenture begin here.

Evidence that the City and the donors took the task of assembling the property very seriously is the July 7 meeting of the Brady District Property owners where in the presence of high ranking members of the administration Mr. Boylan stated the eminent domain would be used to acquire property from owners not willing to sell. Possible additional evidence is the termination of the exclusive negotiation agreement between the Tulsa Development Authority (TDA) and Novus Homes, LLC (Novus) an action resulting in a lawsuit and allegations of violations of the City's Ethics Ordinance. Both of these acts are aggressive unfriendly acts of the City threatening the use of its authority to overpower the individual in "the best interest of the City" to assemble the property necessary to support the Mayor's vision. None of this heavy-handedness was required at the East Village location because the land was assemble by a private developer without the threatening power of the City. This property was assembled the "old fashioned way" with and interested buyer and a willing seller. Is it fair to assume that the ballpark in the East Village was to be a private development, the way it was in Jenks, since no trust proposal was considered and no public money was requested? If so, the authority to threaten property owners unwilling to sell came with the discussion of establishing a Public Trust. I don't believe a Public Trust, with 50% of its members not from the donors group, would endorse these actions.

Creating an assessment district including all property owners in the Inner Dispersal Loop (IDL) became necessary to fund acquisition of the property surrounding the ballpark and improving this property in preparation for family oriented mixed-use development. Leasing this property to developers is a very creative method of maintaining the ballpark and surrounding area and assure the vitality of the area for the next 30 years. My hat is off to the Mayor and donors.

Who will develop this property? Obviously, this will be determined by the Trust. Why should these decisions be limited to the Mayor, five donors committing at least $2M to the project and one IDL property owner? Why do the donors have 12 year terms? This has the appearance of a private business using the authority of a Public Trust to threaten and tax property owners. What is to prevent the donor controlled Trust from using Public money to purchase and enhance the value of the property surrounding the ballpark, then lease it back to them selves to develop projects to recover their donations (making the donations an investment not a gift)? This is an appropriate strategy for a private business not a Public Trust. If this is what the City and donors wish to accomplish then they should raise an additional $30M, assemble the property without the authority if City government and run this business as they wish. If the donors are truly making a gift to the City, then create a trust that is dominated by IDL property owners that are not donors nor at businesses dependent on members of the donors group. Please consider a Trust with 15 members (mayor, 7 donors and 7 IDL property owners that are not donors nor at businesses dependent on members of the donors group) with 3 year terms. This is very consistent with existing City Trusts, Commissions, Authorities, etc.

In the recent survey of Tulsa citizens conducted by Collective Strength as part of PLANiTULSA it was discovered that people in Tulsa are worried:

"That those with money have too much influence."

"That city leaders don't understand their needs."

and the key themes from in depth interviews were:

"Well intentioned 'oligarchy' is out of touch."

"Fatalism about lack of zoning and code enforcement and special favors for the wealthy".

The current Trust Indenture supports and perpetuates these concerns. Please reject this agreement and construct in its place one that fairly represents in word and spirit the intention of a PUBLIC Trust.

Thank you,

Bob Sober

Sober was appointed by Mayor Kathy Taylor to chair the PLANiTULSA Advisers and Partners, the steering and community outreach committees for the effort to create a new comprehensive plan for Tulsa. Public confidence in fairness and openness is crucial to the success of that effort. The manner of putting together the ballpark deal undermines that confidence.

Any stadium trust should be limited in the indenture to improvements to blocks 23, 24, and 45, and lots 4, 5, and 6 of block 46 of Tulsa's Original Townsite -- the area between I-244 and Archer, Elgin and the buildings on the west side of Greenwood which survived urban renewal.

It would be simpler just to put the downtown ballpark under the aegis of the existing Tulsa Public Facilities Authority, which manages the Maxwell Convention Center, build it with the assessment and lease funds, and let the donors do their own thing with their own money in the open real estate market.

From "Floyd," on TulsaNow's public forum, regarding the Trust Indenture for the Tulsa Stadium Trust:

Sigh.

If they had just decided to build a stadium and then created a set of special design codes for the stadium district, they could be moving dirt soon. But they can't help themselves from overreaching, can they. And it always ends badly.

I want to know who drafted this thing and why they thought it would fly. I wonder if this was even a unique document or if it came from some kind of template that wasn't tailored to this kind of purpose. 12 yr terms? For the donors? Really?

After Mayor Taylor's confused, tearful performance in front of the TDA, I'm convinced she's not the one actually orchestrating this whole deal. Can anyone tell us who, ostensibly even, is the public face of the ballpark master plan?

I had the impression that BOK President Stan Lybarger was heading this up, but he hasn't really been a public face on the issue. It is interesting that no one showed up at that TDA meeting to speak on behalf of the ballpark donors (other than Mayor Taylor, of course -- and the three board members who didn't recuse themselves but should have).

Another example of the overreach is the TDA's premature termination of their exclusive negotiating period with Will Wilkins and Novus Homes, to which Floyd alluded. Late last week, carltonplace had this to say on TulsaNow's public forum about the frustration many downtown boosters and ballpark backers feel about the Novus Homes situation (reformatted slightly for readability):

The ballpark is not a done deal, the Novus project could have been had the TDA not changed their mind and pulled the offer to Novus in favor of reserving that property for the ball park donors. This action by the TDA whose members are comprised of volunteers that work for companies on the donor list rubs people the wrong way for the following reasons:

1. Frustrated Development: We are begging for downtown development but there is a perception that building in downtown (and dealing with the TDA) is too difficult. That perception now is now reality in many people's minds.

2. Ethical Concerns: Choosing one's employer over this developer whether real or imagined feels wrong.

3. Transparency: Why can't the ballpark and the development work together? Why won't anyone give a valid reason why they can't. Feels like back room politics

4. Treatment:Why did they leave Novus hanging so long and let them continue to spend money and jump through hoops if this final action was what they've intended since the ballpark announcement?

5. History:This isn't the first time that the TDA has acted this way toward a potential buyer. Its no wonder they can't sell and develop a downtown property. What are they holding onto them for? Why did they start empire building? What happened to Jones Lang Lassalle?

This week's column in Urban Tulsa Weekly is an expansion upon my blog entry from last weekend about the efforts by "not-in-my-back-yard" downtown interests to relocate the homeless and indigent away from downtown.

Coincidentally, in this same issue there's Brian Ervin's profile of Steve Whitaker, head of John 3:16 Mission. Here's how he describes the work of John 3:16 Mission.

"The people that I take care of live by the law of the streets, and the law of the streets is very much Darwinian in that it is the strongest that survive," said Whitaker. "But, the John 3:16 Mission is part of God's peaceful kingdom. We're here to love those people back to wellness--to create a loving, caring, nurturing environment for people that are addicted or mentally ill or homeless just by bad luck, to get back on their feet and find their life again."

John 3:16 Mission has had its own encounter with the downtown NIMBYs (emphasis added):

A pervasive attitude of "Not In My Back Yard" is behind efforts to derail his planned expansion of the 56-year-old Mission, he told UTW.

The city's Board of Adjustment granted permission for the expansion in February, but a group of downtown businesses and residents have appealed the decision in the courts.

Their position is that the Mission and other services in the area are attracting the homeless and drug-addicted and threatening the safety and success of ongoing downtown revitalization efforts.

But, Whitaker said it's downtown itself that's attracting them, and that without the Mission and other services to the needy, they would have nowhere else to go, and would be a much more visible problem than they are now (See "No Rest for the Weary" in our Jan. 24-30, 2008, issue at www.urbantulsa.com for some of the early details).

"There is an assumption that this clustering of services in downtown Tulsa is harmful, but people have forgotten history. They've forgotten what happened almost 20 years ago when there was a move afoot to put John 3:16 and the Day Center and the Salvation Army and the jail all in the same area," he said. Whitaker said downtown urban settings, and not services for the homeless, are what attract homeless people: the alleys provide places to sleep and hide and dumpsters to dig through for food or other salvageable items.

"A walkthrough of every city's downtown in America will prove that they are homes for homeless, and if this city's not proactive about treating its homeless population, then all of our dreams for an entertainment district are going to be spoiled, and homelessness will be a true blight then," he said.

(The profile is well worth reading -- covering Whitaker's background in North Tulsa, his martial arts training, how he came to be involved at John 3:16, and his thoughts on homelessness in Tulsa, racism, and the north/south divide.)

In my op-ed, I call attention to a New York City organization called Common Ground which helped reduce the homeless population in Times Square by 87% in two years, not by shipping them out to suburban subdivisions in Queens or Bergen County, but by providing "supportive housing" for them in a renovated hotel in the heart of the Theater District, where they have access to jobs and transportation:

Acquired by Common Ground in 1991, the Times Square is the largest permanent supportive housing project in the nation. A once-stately neighborhood fixture that had fallen into serious disrepair, Common Ground carefully preserved the building's historic character while redeveloping it into housing for 652 low-income and formerly homeless individuals and persons living with HIV/AIDS.

The Times Square combines permanent affordable housing with a range of on-site social services provided by Common Ground's social service partner, the Center for Urban Community Services. Individualized support services are designed to help tenants maintain their housing, address health issues, and pursue education and employment. On-site assistance with physical and mental health issues and substance abuse is available to all tenants, six days a week. Property management services, including 24-hour security, are provided by Common Ground's affiliated not-for-profit property management company, Common Ground Community.

Common Ground's Tenant Services staff offers programs and activities to enhance a sense of community, e.g., a six-week financial literacy workshop, a community health fair, and workshops covering topics such as portrait drawing and cooking. Common areas include a garden roof deck (available for rent to the public); a computer laboratory; a library; an art studio; a medical clinic; 24-hour laundry facilities; a rehearsal space featuring floor-to-ceiling dance mirrors and a piano; and an exercise room.

Richard L. Jones has posted a lengthy comment on my article from his perspective as a pastor who works with the homeless downtown. It's worth reading in its entirety. It includes this funny, pointed analogy:

And to the "powers that be" in Tulsa, when are you going to follow the lead of successful cities that have centralized services for the homeless, and begin to provide real solutions to the problem instead of trying to shuffle them around the city like spreading the peas out on your plate that you didn't want to eat so it that looks like you did?...

Instead of kicking the homeless when they are down, let's all work together to help bring them some dignity and assistance in getting the help they need to break free from the cycle of despair. Basic human services and health care in a more centralized environment would be a good place to start.

An edited version of this column was published in the August 14-20, 2008, issue of Urban Tulsa Weekly. It was a more polished version of a blog entry from the previous week (minus hyperlinks and blockquotes, which don't translate well to print). The published version is no longer available on the internet; it was originally at this URL. Here is a 2009 PDF capture of the web version. Here are photographs of the print version: Mention at top of cover page, editor's note on page 2, start of column on page 6, and end of column on page 7.

My blog entry linking to the story is here, with links to related articles about downtown and the homeless. Julie Hall, the attorney and White City (Braden Park) Neighborhood leader who led neighborhood opposition to the facility, described the August 7, 2008, City Council meeting as the catalyst for the Who Owns Tulsa movement. Bill Kumpe, also an attorney and homeowner near Admiral and Yale, wrote a report on the August 11, 2008, Tulsa Housing Authority meeting on this facility. Posted November 27, 2022.

Tulsa Straight Ahead
By Michael D. Bates

Who are the real NIMBYs?

Ruth Kaiser Nelson was, for all practical purposes, my first Latin teacher. When I was an eighth-grader and starting my first year of Latin, the regular teacher took a leave of absence shortly after the school year began, and Mrs. Nelson filled in for the rest of the semester.

Because the class occurred during the girls' Phys. Ed. period, it was an all-boy class, and Mrs. Nelson, the mother of three boys and a girl, did a fine job of keeping us in line, but also keeping us amused, and giving us a good start in the language. I have only happy memories of her class, which laid the foundation for a lifelong love of the language and literature of ancient Rome.

The Romans had a way with pithy proverbs. Mrs. Nelson is surely familiar with this one: Quod licet Jovi, non licet bovi. Literally, it means, "What is permitted to Jupiter (the king of the gods) is not permitted to the ox."

The proverb justifies double standards for the wealthy and connected on the one hand and the hoi polloi on the other. The law that binds the commoner should not inconvenience the plutocrat. He who has the gold not only makes the rules, he's excused from obeying them.

At the August 7 [2008] City Council meeting, homeowners from nearby neighborhoods came to protest the location of a 76-unit multistory home for the chronically homeless, some of whom are currently housed at the downtown YMCA, some of whom are mentally ill.

Neighbors were asking the Council to rescind a resolution, passed the previous week, that opened the door for the project to receive $4 million in state funding.

The large apartment building, to be located at 10 S. Yale, between Admiral Pl. and I-244, is part of the Building Tulsa Building Lives (BTBL) initiative. The Ruth K. Nelson Revocable Trust is listed as one of the initiative's principal partners, along with the George Kaiser Family Foundation (Mr. Kaiser and Mrs. Nelson are siblings), and the Tulsa Housing Authority, a public trust of which Mrs. Nelson is the chairman.

At the City Council meeting, Mrs. Nelson characterized the concerns of neighboring homeowners as typical NIMBYism:

"If we were to move all of these facilities to places where no one would protest, they would be in the middle of nowhere....

"Isolated people would not have the opportunity to rebuild their lives and become productive members of society."

Mrs. Nelson told the Council that the Admiral and Yale site was chosen for its relative proximity to downtown, where many social service agencies are located, a bus route, and stores within walking distance.

But this plan will make the people she professes to serve more isolated than they are now. At the YMCA, they aren't just close to downtown, they are downtown and near the social service agencies. Her plan would move them four miles from those agencies.

At the Downtown YMCA, residents are a block away from a bus station that gives them access to 20 bus lines which will take them directly to shopping, jobs, doctors, parks, and services without needing to transfer. Four of those lines provide night-time service to hospitals and schools for shift work and night classes.

Mrs. Nelson wants the Y residents to move to where they'll have only a single, daytime bus line. Going anywhere that isn't on Admiral Pl. will require a long wait for a transfer at the downtown bus station. Going anywhere after 7 at night or on Sundays will be impossible.

At the Downtown Y, residents have the library and the County Courthouse across the street and the State Office Building and a hospital just a few blocks further west. Riverparks is about a mile to the south. There are eight churches within easy walking distance. Social service agencies are just a few blocks to the north.

There aren't any groceries nearby, but there are a few convenience stores not too far away and the bus provides non-stop service to a number of supermarkets.

They won't even have to walk far to see the Eagles or Celine Dion at the BOK Center, assuming arena management would let them in the door.

walkscore.com gives the Downtown YMCA a rating of 89 -- "very walkable."

The I-244 and Yale location gets a 45 - "car dependent." Sonic and QuikTrip are nearby, and it's about three-quarters of a mile to the Piggly Wiggly, just past a gun and ammo store. The nearest library is a mile away in Maxwell Park, a small branch in the middle of a neighborhood. There's a bar two blocks away, right across the street from a plasma center. That's about it.

Moving residents of the Downtown Y to I-244 and Yale will make them more isolated than they are now, not less.

So what's the real reason for moving mentally ill, indigent, and homeless people out of downtown? Because downtown property owners and the BOK Center management and Downtown Tulsa Unlimited are the real NIMBYs. They don't want these people in their backyard.

It says so plainly at www.buildingtulsabuildinglives.org/buildingtulsa/:

"The opening of the BOK Center and other Vision 2025 projects are important components in securing the economic future of downtown Tulsa. But before downtown can become the vibrant destination it has the potential to be, developers and investors must be assured of its inviting and family-friendly environment.

"Eliminating homelessness will attract further development and investment to downtown."

But it's OK for BOK executives and BOK Center management and downtown property interests to be NIMBYs. If your place cost $178 million, you're allowed to say, "There goes the neighborhood," even if that $178 million came mostly from the taxpayers.

You're not allowed to complain if you have only a little 1,000 sq. ft., $60,000 house that you paid for yourself.

You know: Quod licet Jovi, non licet bovi.

What's funny is that the neighbors that the BOK Center regards as a problem were already there when site was selected for the arena. Many people (including this writer) pointed out back in 2003 that it wasn't very smart to put an arena in the midst of the jail, the bail bondsmen, the homeless shelters, the Y, the Sheriff's Office, and the Courthouse.
Is it fair for you to be a NIMBY about neighbors who were there before you moved in?
Of course, but only if you're wealthy or connected. Quod licet Jovi, non licet bovi.

While the Council had no power to stop the Admiral and Yale facility last Thursday - Mrs. Nelson said private donors would fill the gap if the Council didn't pass the resolution allowing state funding - councilors didn't need to be rude and condescending to the citizens who came to express their concerns.

According to the daily paper, "After listening to the protests, Councilor John Eagleton said people can try to push such a project out of their neighborhood out of fear, but that doesn't make it right." Shouldn't he have been saying that to the downtown interests who want to clear the homeless out of downtown?

From what I gather from the City Council meeting, if you're a working-class homeowner, you deserve scorn for not wanting the homeless in your neighborhood. But if you want to shoo the homeless away from the $178 million arena, you're a progressive, civic-minded philanthropist.

Quod licet Jovi, non licet bovi.

Neighbors were told that their fears were unfounded, abhorrent even, a sign of moral inferiority. They were told that the residents of this new facility will not pose a threat to their safety or their property values, thanks to new programs and new methods for helping these people become productive citizens again.

As anxious as downtown interests and BTBL leaders are to drive the homeless out of downtown, one has to wonder if they really believe these new methods work.

If you had a way to help the homeless to rebuild their lives, wouldn't it be just as effective in a remodeled facility downtown, with the added bonus of keeping the homeless and indigent in familiar surroundings and connected to job opportunities and services and transportation?

A support program that will work at Admiral and Yale will work even better at 6th and Denver.

In fact, there is a successful model for providing "supportive housing" for the chronically homeless in the midst of a popular entertainment, shopping, and tourism district.

In the early '90s, New York's Common Ground Community took the old Times Square Hotel at 8th Ave. and 43rd, then a squalid flophouse for hundreds of transients, and renovated the building into over 600 efficiency units.

Nearly 200 of the old residents were allowed to remain. The building's mix was to include former mental patients and the working poor, along with a staff of social workers to help residents learn the life skills needed to stay off the streets.

The program has been a great success. Common Ground's aggressive "Street to Home" program reached out to the toughest cases, those who had been on the streets the longest. The result was an 87% reduction in the number of homeless in Times Square in a two-year period, as these people have been given housing and a hand up.

The building's ground floor includes a Ben and Jerry's Ice Cream store which partners with Common Ground to provide training and job opportunities for residents. The rooftop terrace is rented out for catered corporate functions.

The Times Square is a good neighbor to expensive hotels and Broadway theaters. A block from the Port Authority Bus Terminal, gateway to New York for many low-income arrivals, it's right where it's needed.

Common Ground's success has been repeated in other buildings around New York and in other cities. They even bought and renovated the old YMCA residence in the Chelsea neighborhood.

It's claimed that Tulsa's YMCA residence has to be demolished because of the new sprinkler regulations. But don't you suppose the Y could be brought up to code for much less than building a new facility at I-244 and Yale?

But Building Tulsa Building Lives backers don't have to be consistent or logical or reasonable to get their way with city government.

Quod licet Jovi, non licet bovi. They can be NIMBYs if they want to be, and no one will call them on it.

It seems that quod licet Jovi, non licet bovi applies to exclusive negotiating periods, too.

If you're Mayor Kathy Taylor, of course you should expect Tulsa Drillers owner Chuck Lamson to honor his exclusive negotiating period with the city, and even to extend it if need be. As teary as she was at last week's Tulsa Development Authority meeting, she'd have had a conniption if Lamson had terminated the exclusive negotiating period with Tulsa a month early so he could flirt with Jenks Mayor Vic Vreeland instead.

But how dare lowly entrepreneur Will Wilkins expect the TDA to honor their commitment to an exclusive negotiating period! How dare he rally public support to try to discourage the TDA from breaking their word! Only wealthy and connected and powerful people have a right to expect such commitments to be honored.

The daily wrote of the latest Drillers extension, without a hint of irony: "Exclusive negotiations preclude the team from entertaining other offers...."

Where the TDA is concerned, an "exclusive negotiating period" isn't exclusive, doesn't require negotiating in good faith, and doesn't have to last the full period.

The old pagans of Rome would have understood the double standard. Quod licet Jovi, non licet bovi.

But Tulsans, the vast majority of whom profess to serve the God of Abraham, Isaac, and Jacob, should remember that He commands a single standard for all:

"You shall not be partial to the poor or defer to the great, but in righteousness shall you judge your neighbor." (Leviticus 19:15.)

Bill Kumpe was at the THA meeting today regarding the proposed facility at I-244 and Yale to replace the Downtown YMCA residence and has an eyewitness report. Here's an excerpt:

The class distinction between the people supporting the project and the people was striking. Almost all of the people supporting the project are professionals or wealthy donors. There are no such facilities located in THEIR neighborhoods. When was planned at 10th and Utica, the homeowners there killed it. On the other hand, most of the people opposing the project don't have a lot of options. Everything they have is tied up in their home and any reduction in its value will simply mean that they have to live with the consequences or let it be foreclosed since nobody in his right mind is going to buy a home near a homeless shelter. In effect, the people with money to live in a neighborhood without this type of facility are telling them that they will live with this problem and take the resulting financial hit as well.

The sheer arrogance of these people is stunning. They may actually succeed in getting the facility built. But, it will not be the wealthy donors running for election next time around. There was recall talk all over the room. Every city councilman who supported this project will hear about it again. There are about twenty thousand people in the affected neighborhoods and given the turnout at today's meeting, I would estimate that about ten thousand of them are hopping mad at Mayor Kathy Taylor, Ruth Kaiser Nelson, the City Council and anyone else remotely associated with this project. This is the type of political affront that does not go away and somebody, probably the elected officials and city employees who made it possible, will pay the price since they are the only people the voters can access.

The agenda for tomorrow's Tulsa City Council Urban and Economic Development committee includes a discussion of a draft of the Tulsa Stadium Trust indenture, the Title 60 Trust that will get to spend the money raised by the downtown assessment district the Council approved last month. The proposal creates a self-perpetuating Board of Trustees, five members of which will be major donors to the ballpark. Trustees will serve 12 year terms and can only be removed by court action for malfeasance. (Three years is a standard term for members of public trusts.)

The City Council should demand full public disclosure of the entire ballpark development deal -- pledged revenues, planned expenditures, who has been promised what piece of land -- prior to taking any action on the trust, and the trust indenture should require shorter terms, nomination of all trustees by the Mayor, and a provision to remove trustees by action of the City Council.

I'm beginning to think the better way to handle the ballpark is to make it fully private. Let the ballpark donors come to the TDA with a development proposal for the proposed ballpark site and put the proposal through the standard process. They wouldn't get the downtown assessment district money, but they don't really need it. They have enough donations lined up to pay for a quality 6000-seat ballpark. Then they can own it and run it as they see fit.

When a mayoral appointee to a city authority, board, or commission behaves badly, it's rare that our elected officials have an immediate opportunity for corrective action.

Tulsa Development Authority (TDA) board member George Shahadi has been nominated by Mayor Kathy Taylor for another term. His renomination comes before the City Council Urban and Economic Development Committee tomorrow (August 12) at 10 a.m., in Room 201 of old City Hall. (Here is a link to Shahadi's resume.)

Last Thursday, Shahadi voted to prematurely terminate the TDA's exclusive negotiating period with Novus Homes LLC concerning the half-block west of Elgin Ave. between Archer and Brady Streets. The exclusive negotiating period was set to expire on September 4. Instead, when the TDA tract across the street began being discussed as a ballpark location, TDA and city officials began stonewalling Novus Homes' attempts to move their negotiations forward.

Shahadi should have recused himself as soon as the agenda item. He is the director of real estate for the Williams Companies, and his employer is in the group of donors seeking to gain control of the land surrounding the proposed location of a new Drillers Stadium. Shahadi stated at the meeting that he had no obligation to recuse, since his employer was seeking this control for the public good and not for its own profit.

Nevertheless, there's a clear conflict of interest because Shahadi's employer has an interest in the same property about which TDA had promised good-faith negotiations with Novus Homes. Under the circumstances, Shahadi can't be expected to be impartial in weighing the TDA's interests and the public interest in fair dealing versus his employer's interest. The fact that he can't perceive an obvious conflict is reason enough for the City Council to deny his reappoinment.

There are more conflicts coming, because the biggest piece of property in the ballpark puzzle is also owned by the TDA. Employees of Williams and Bank of Oklahoma shouldn't be sitting on the TDA when decisions are made as to the contract terms for the land.

The City Council has an excellent opportunity to take a stand for fairness and openness in government. They have an immediate chance to redress the injustice done to Will Wilkins and Novus Homes at last Thursday's TDA meeting. They need to thank Mr. Shahadi for his service to date and ask Mayor Taylor to send them a replacement nominee.

MORE: Retired architect Bob Sober sent this letter to the City Council:

City Councilors,

On Tuesday morning you will consider the re-appointment of George Shahadi to the Tulsa Development Authority (TDA), please consider the following:

During the TDA meeting last Thursday the 120 Lofts project was discussed extensively. Mr. Shahadi was asked to recuse himself from the discussions and vote, to which he refused. Mr. Shahadi is the Director of Corporate Real Estate for Williams Companies. Williams is one of the listed donors to the ballpark stadium and the eventual public Trust. As you know, the George Kaiser Foundation is attempting to purchase the properties surrounding the ballpark for the yet to be formed "ballpark" trust. The property planned for the 120 Lofts development was identified as one of those desired by the trust. Since Mr. Shahadi's employer has an interest in the disposition in this property, Mr. Shahadi had a clear conflict of interest. Voting members of the TDA should recuse themselves when presented with a real or perceived conflict of interest.

It would be a disservice to the citizens of Tulsa to re-appoint an individual unwilling to take seriously the trust of this council and refrain from influencing the decisions of the TDA when he can not possibly be objective. With direct ties to a donor that will have significant impact on one of the largest public investments in downtown Tulsa and the disposition of surrounding lands for future development Mr. Shahadi can not possibly serve the TDA without impacting his employer. Furthermore, any redevelopment in this area will have a direct impact on the value of the surrounding property. The Williams Companies, being one of the largest property owners in the vicinity to the proposed ballpark, could gain significantly by influencing the decisions of the TDA through their Director of Corporate Real Estate, Mr. Shahadi. Please, do not re-appoint Mr. Shahadi.

Thank you,

Bob Sober

Ruth Kaiser Nelson was, for all practical purposes, my first Latin teacher. When I was an eighth-grader, our scheduled teacher, Bill Bippus, took a semester's leave of absence, and Mrs. Nelson taught us instead. Because the class occurred during the girls' PE period, it was an all-boy class, and Mrs. Nelson, the mother of three boys and a girl, did a fine job of keeping us in line, but also keeping us amused, and giving us a good start in the language.

I'm sure Mrs. Nelson is familiar with this sententia sapiens: Quod licet Jovi, non licet bovi. Literally, it means, "What is permitted to Jupiter is not permitted to the ox." It is a justification for double standards for the wealthy and connected versus the hoi polloi. The standards which apply to the commoner should not bind the plutocrat.

At Thursday night's City Council meeting, homeowners from the neighborhoods near Admiral and Yale came to protest the location of a 76-unit home for the chronically homeless, some of whom are currently housed at the downtown YMCA, some of whom are mentally ill. The large apartment building is part of the Building Tulsa Building Lives (BTBL) initiative. The Ruth K. Nelson Revocable Trust is listed as one of the initiative's principal partners, along with the George Kaiser Family Foundation (Mr. Kaiser and Mrs. Nelson are siblings), and the Tulsa Housing Authority, a public trust of which Mrs. Nelson is the chairman.

According to the Tulsa World report, Mrs. Nelson characterized the concerns of neighboring homeowners as typical NIMBYism:

Neighbors typically have a "not in my backyard" response, she said.

"If we were to move all of these facilities to places where no one would protest, they would be in the middle of nowhere," she said.

"Isolated people would not have the opportunity to rebuild their lives and become productive members of society."

The site was selected because it is relatively close to downtown, where many social service agencies are located, is next to a bus route and has stores nearby that residents can walk to, Nelson said.

The concern for isolation is touching, but she is making these people more isolated than they already are. At the Y, they are downtown, "where many social service agencies are located." She's moving them four miles from those services on the west side of downtown.

At the Y, they live a block away from a bus station that gives them access to 20 bus lines which will take them directly to shopping, jobs, doctors, parks, and services without needing to transfer. Four of those lines provide night time service to hospitals and schools for shift work and night classes. She wants them to live where they'll have only a single bus line, and they'll have to wait around and transfer at the downtown bus station to get anywhere else in the city. They won't have any access to nighttime service.

At the Downtown Y, they have the library and the County Courthouse across the street and the State Office Building and a hospital just a few blocks further west. Riverparks is about a mile to the south. There are a half dozen churches downtown. Social service agencies are just a few blocks north. There aren't any groceries nearby, but there are a few convenience stores not too far away, there are many nearby places to eat, at least at breakfast and lunchtime, and the bus can take them to their choice of grocery stores. They won't even have to walk far to see the Eagles or Celine Dion at the BOK Center. walkscore.com gives the location a rating of 89 -- "very walkable."

At Yale and Admiral, there is a Sonic across the street, a nearby QuikTrip, and it's about three-quarters of a mile to the Piggly Wiggly. The nearest library is in Maxwell Park, about a mile away, and it's only a small branch in the middle of a neighborhood. There's a bar just two blocks away, right across the street from a plasma center. Dong's Gun Store is about six blocks away -- handy for those who are hearing voices in their heads.There are a few churches down Yale. 10 S. Yale has a walkscore.com rating of 45 -- "car dependent."

Moving residents of the Downtown Y to Admiral and Yale will make them more isolated than they are now, not less. So why are these mentally ill, semi-homeless people really being moved out of downtown? Because downtown property owners and the BOK Center management and Downtown Tulsa Unlimited are NIMBYs. They don't want these people in their backyard. They even say so on their "Building Tulsa, Building Lives" website:

The opening of the BOK Center and other Vision 2025 projects are important components in securing the economic future of downtown Tulsa. But before downtown can become the vibrant destination it has the potential to be, developers and investors must be assured of its inviting and family-friendly environment.

Eliminating homelessness will attract further development and investment to downtown.

But it's OK for George Kaiser and Jim Norton and Kathy Taylor and Twenty-First Properties and SMG to be NIMBYs. If your place cost $200 million, you're allowed to say, "There goes the neighborhood," even if that $200 million came mostly from the taxpayers. If you have a nice little 1,000 sq. ft., $60,000 house, that you paid for yourself you're not allowed to say that. You know: Quod licet Jovi, non licet bovi.

(What's funny is that the neighbors that seem to be a problem for the BOK Center were there before the site was selected for the BOK Center. A number of us pointed out that between the jail, the bail bondsmen, the homeless shelters, the Y, the Sheriff's Office, and the Courthouse wasn't the smartest location for the arena -- maybe they should put it closer to existing entertainment districts on the other side of downtown -- but someone with influence has land along Denver just north of the south leg of the IDL, so that's where the arena went. Is it fair to be a NIMBY about neighbors who were there before you moved in?

According to the World, "After listening to the protests, Councilor John Eagleton said people can try to push such a project out of their neighborhood out of fear, but that doesn't make it right." Shouldn't he have been saying that to the downtown interests who want to clear the homeless out of downtown?)

The residents who spoke at the meeting were treated with a great deal of condescension. They were told that their fears were unfounded, abhorrent even, a sign of moral inferiority. The residents of this new facility will not pose a threat to their safety or their property values, thanks to new programs and new methods for helping these people become productive citizens again.

But if these new programs and methods are so effective, wouldn't they work just as well in a remodeled facility downtown, with the added bonus of keeping these people in familiar surroundings and connected to job opportunities and services and transportation? The fact that Mrs. Nelson and her brother and DTU and Mayor Taylor and SMG are so anxious to get these people away from downtown suggests that they don't really believe in the efficacy of their methods.

And the argument about having to demolish the Y residence doesn't hold any water. I suspect they could add sprinklers and remodel the building to meet fire code for much less than the $17 million in private pledges and state grants that they're spending on the Admiral and Yale facility.

But BTBL backers don't have to be consistent or logical or reasonable to get their way with city government, and they can be NIMBYs if they want to: Quod licet Jovi, non licet bovi.

Quod licet Jovi, non licet bovi works with exclusive negotiating periods, too.

If you're Kathy Taylor, of course you should expect Tulsa Drillers owner Chuck Lamson to honor his exclusive negotiating period with the city, and even to extend it if need be. I'm sure she'd be teary and outraged if Lamson had terminated the exclusive negotiations a month early to go flirt with Jenks Mayor Vic Vreeland again. But how dare lowly entrepreneur Will Wilkins expect the Tulsa Development Authority to honor their commitment to an exclusive negotiating period! How dare he rally public support to try to prevent the TDA from breaking their word! Only wealthy and connected and powerful people have a right to expect such commitments to be honored.

(From the World: "Exclusive negotiations preclude the team from entertaining other offers...." Not if you're the TDA, they don't.)

Quod licet Jovi, non licet bovi.

But that's an ancient pagan thought. The God of Abraham, Isaac, and Jacob insists on a single standard for all:

You shall do no injustice in court. You shall not be partial to the poor or defer to the great, but in righteousness shall you judge your neighbor.

MORE: David Schuttler says that Councilor Eric Gomez's comparison of the Treepoint Apartments in his neighborhood to the proposed I-244 and Yale facility is apples and oranges. (UPDATE 2022/12/16: The website is gone, but the article is available on a snapshot of the blog home page from August 12, 2008.)

What a day. We learned a lot.

We learned that when the Tulsa Development Authority approves an exclusive negotiating period, it's not necessarily exclusive -- they'll shove you aside if a more powerful suitor comes along -- they may not negotiate in good faith, and the period may be terminated at any time. (The TDA's exclusive negotiating periods are neither exclusive, nor negotiating, nor a period. Discuss.)

We learned that Tulsa Mayor Kathy Taylor is on the verge of a crackup, perhaps because of the pressure of holding together a crumbling behind-the-scenes ballpark financing deal by publicly screwing over a small businessman who is offering the very kind of creative, urban residential and retail development everyone says we want downtown. She knows full well how bad this looks, but I'm guessing that if she were to stand up for what's right, she'd have to renege on some secret promise that was made concerning the Lofts @ 120 parcel of land. One thing was clear from Taylor's teary appearance: Whoever's in charge of city government, it isn't her.

Taylor said she didn't have a vote, but she did have a voice. She used that voice to belittle Will Wilkins's attempt to rally public support as "bickering." She used it to justify booting the Wilkinses out of their exclusive negotiating petition in the name of "a beautifully woven fabric" of new development around the new ballpark.

They say they want lofts, restaurants, and off-street parking, and that's exactly what the Wilkinses had proposed for that corner long before the ballpark was announced for the other side of the street. The Wilkinses were willing to adjust their plans as necessary to be compatible with the design and use aims for the ballpark's environs. But I suspect their chief deficiency is that they aren't named Jay Helm, and their company isn't called American Residential Group.

We learned today that the TDA board isn't fond of public scrutiny, and they're a little fuzzy on what constitutes a conflict of interest and how to handle recusal. If you're a TDA board member and your employer is part of a group that wants control of the same piece of property that is the subject of this premature termination of an exclusive negotiating period, you have a conflict of interest. Saying that your employer doesn't stand to gain financially and is only acting in what it perceives to be the public interest isn't the point. It's still a conflict because your employer's aims don't necessarily line up with the TDA's best interest or the interest of fairness to all.

Also, if you do feel the need to recuse yourself, you're supposed to absent yourself from the entire discussion. Instead, board member John Clayman, employed by Frederic Dorwart Lawyers and someone who has often represented Bank of Oklahoma in court, not only sat through and participated in discussion (shaking his head rapidly during much of Will Wilkins' remarks -- I thought we were about to see the reenactment of a scene from Scanners), he seconded the motion to abort the exclusive negotiating period. Then after Wilkins reminded him that he recused himself during the April 17 vote to extend the contract, Klayman abstained when his name was called. Paula Bryant-Ellis, a BOK executive and the newest board member, recused herself right before the vote. George Shahadi, director of real estate for Williams, another company that is part of the group trying to control all the land around the ballpark, should have recused himself, but didn't.

Here are some links to help fill in the blanks. I thought the Tulsa World's Brian Barber did a fine job of capturing the mood and the substance of the meeting. (Don't be surprised if his piece is severely edited for the print version to make the Mayor look better.) I was pleased to see KOTV and KTUL there. KTUL's Bert Mummolo has followed the story closely -- here's his coverage from today and here's the video. But today I thought KOTV did a better job of telling the story of today's meeting with words and video, including some video from Mayor Taylor's speech. I'm just happy to see a couple of TV stations show such interest in covering an issue which is not very telegenic.

1170 KFAQ's Chris Medlock was at the meeting today and had audio from the meeting plus Will Wilkins as a guest in studio. (Here's hour 1; here's hour 2.) Also, Pat Campbell was asking questions about a secret meeting involving Councilor Eric Gomez and the ballpark donors. (His podcast from Thursday morning hasn't been posted yet for some reason.)

There's more to be said about this meeting, which architect Bob Sober, who counts himself a friend to both Mayor Taylor and the Wilkinses, said was like watching a "slow-motion train wreck." For now, check out those links.

And here are a few comments from around the web.

On TulsaNow's public forum, Floyd responds to Taylor's comments about wanting a "beautifully woven fabric" around the ballpark:

Wow.

Honestly? Get it together. How tone deaf can she be? It's not hard to see how this narrative has developed. At least counter the narrative with a prepared statement regarding the specific plans/intentions of this "trust" and perhaps an offer of inclusion. Don't cry about destruction and beautiful fabrics--give the entrepreneurs some credit for their vision. How about a multicolored quilt, instead of a "beautiful fabric?"

Me, later in the same thread, responding to Taylor's complaints about the environs of the BOK Center:

I recall a lengthy thread on this forum right after the Vision 2025 vote about the best location for the arena. Many people remarked about the drawbacks of the site that was chosen. I think someone even suggested the site now being discussed as the ballpark site, because it was close to existing entertainment areas and OSU-Tulsa.

The way to address the concern about nearby future development is first to pick a site that is already near the kind of development you want -- they've done that by picking the Archer/Elgin site -- and, second, to establish a special zoning district around the ballpark with design and development standards and a means for enforcement. Oklahoma City established such a district in and around Bricktown.

Design standards for downtown were part of the Downtown Tulsa CORE Recommendations:

District One of the City of Tulsa's Comprehensive Plan, the Central Business District (CBD), is a district that deserves special consideration; as such, we should develop District Standards for design review to ensure compatible, high-quality development and redevelopment. Recommendations of the existing Comprehensive Plan for District One (downtown) such as district design standards and review should be revisited for present use and coordinated with the Comprehensive Plan Update.

When the CORE Recommendations came under attack from a major downtown property owner and from DTU, Mayor Taylor might have supported the idea and helped to move it forward. Instead, her aide, Susan Neal, encouraged the recommendations to be shelved.

"The Artist":

I still dont get what they apparently expect is going to happen around the ballpark? What is it that the TDA thinks is going to be better that the Wilkinsons couldnt improve their development to be like or that could go in those other spaces nearby? This finely woven fabric, is that to be one huge developer? Many small ones? If its the former I can understand wanting a lot of land because thats one of the reasons previous developments have fallen through because they couldnt get all the property they needed. But here they are saying they will use eminent domain and there is other property by the 120 lofts site that can be used. If its small developments.... what are the criteria such that the 120 lofts are not a good fit anywhere in the development area? Cause surely the 120 loft people would have traded for another spot if it was deemed that the spot they have now is "needed" to make everything work.

Nothing the TDA or the Mayor is saying makes any sense. Sounds like they are grasping at straws or are just completely oblivious.

They are giving us this "Why cant we all get along and do whats best for everyone and the city." plea. But its been them who have shoved aside the hand the Wilkinsons had been extending in order to try to find a fair, sporting, "gentlemanly" solution. Someone should have said to the Wilkinsons... "Hey, we really feel like we need that spot in order for this project to work. Here is why.... We know you have done a lot of work so far, can we work together and (find another spot in the development, or make design changes, or collaborate on making it better to fit what we think is needed, etc. etc.) There are all kinds of possibilities that would have been the proper way to go.

I was brought up that if you make an agreement, say your going to do something. You abide by that, even if it becomes difficult to do so, even if you become hurt by doing so. You keep your word! Even if its not written, you do the right thing by people. These developers were there first, were doing the right things, and whether anyone else likes it or not, whether its convenient or not. You do the right thing by them, and for yourself. Not to mention in this case there are plenty of opportunities to work this out for the benefit of everyone. Not just blow them off and treat them like dirt.

"Stick61" in a couple of comments on the Tulsa World story:

One of the problems here is that TDA risks losing credibility with the modest-scale element of the development community by treating one of its members shabbily. Mr. Bracy lacks credibility when he says that he is not "bound by politics." Of course, he is bound by politics. This ballpark proposal is a political freight train and he's trying to clear a path for it. In the process, he's asking Mr. Wilkins to shut up and be happy about losing $15,000. If I were in Mr. Wilkins' shoes (I don't know him), I would never do business with TDA again because I would consider its behavior in this matter dishonorable.

I believe that the Mayor does very badly want to see positive development downtown. And she is correct to lend the energy of her office to constructive proposals, including a proposal to build a new ballpark to keep the Drillers in Tulsa. However, she should spare us the tears and make a commitment to treating people with more consideration than Mr. Wilkins has been treated. The gentleman may not have worded his inflammatory email as artfully as he should have, but that doesn't excuse the fact that he appears to have been given the bum's rush. Bickering ceases, or at least decreases, when people are shown due respect. The mayor must do a better job of building consensus.

Note: I've received word that Thursday morning's Tulsa Development Authority meeting involving Will and Cecilia Wilkins and Novus Homes LLC's exclusive negotiating agreement has been moved to the 10th floor of One Technology Center (the new City Hall).

One of the questions raised in my column this week is about the downtown Drillers stadium assessment and exactly what all of that $60 million in assessments, donations, and stadium rent will be paying for. Let's start with this question: How much should a minor league ballpark cost?

A reader sends along a link to this study by Confluence Research,Minor League Baseball Stadium Construction: A Primer on the Key Issues and Considerations, commissioned by Ripken Management and Design, and completed in 2004. The study compared construction costs and capacities for stadiums completed between 1990 and 2004. As of 2004, 62% of National Association of Professional Baseball Leagues-affiliated minor league ballparks in Classes AAA, AA, High A, and Low A were built after 1990. Of those post-1990 parks, AA stadium construction averaged $1806 per seat in 1990 dollars. Applying their inflation rule, that would be $2,621 per seat in 2004. A 6,000 seat stadium at that rate would cost $15.7 million.

Of course, costs have gone up even in the last four years. According to this handy CPI calculator from the Minneapolis branch of the Fed, consumer prices have risen 14% over four years. That would put cost per seat at $2,987.94. Round it up to an even $3,000 per seat, and that gets you to $18 million for a 6,000 seat ballpark.

Five ballparks have been built in the Texas League in the last eight years: Round Rock, Tex., Frisco, Tex., Springfield, Mo., North Little Rock, Ark., and Springdale, Ark. Round Rock's 7,816-seat park was built in 2000 for $20 million. Frisco's park seats 10,600 and was finished in 2003 for $22 million. Hammons Field in Springfield seats 7,500 plus 2,000 general admission, and opened in 2004; it cost $32 million.

Dickey-Stephens Stadium, home of the Arkansas Travelers, seats 5,800, opened in 2007, and is the most expensive of the bunch at $40.4 million, but that appears to include the value of donations for riverfront land and other costs, something that isn't an issue for Tulsa. The original construction contract was for $27.6 million, and there was a $6 million cost overrun, which would put the construction cost at around $34 million.

Finally, let's look at the cost of building the most recent ballpark in our region: Arvest Ballpark in Springdale, Arkansas, home of the Northwest Arkansas Naturals. The park seats 6,500, slightly bigger than the size cited for a new Drillers ballpark. It was completed earlier this year and opened in April at the start of the new Texas League season. While the City of Springdale passed a $50 million bond issue for costs related to the park, about $18 million was for access roads, sewer line extensions, and other infrastructure improvements to enable access to the park. The contract for building the park itself was with Crossland Construction for $32.1 million.

From the (Northwest Arkansas Times, October 5, 2007):

The Naturals, the double-A affiliate of the Kansas City Royals, will play their first game in the new venue April 10 of next year. A tour of the construction site Thursday revealed the progress made since the city of Springdale awarded the $32.1-million contract to Crossland Construction of Kansas in June.

The initial estimate was 29.3 million; Crossland's low bid was 33.4 million.

More citations for the $32 million figure:

Northwest Arkansas Times, April 8, 2008:

From the $ 105 million bond program for road construction approved by Springdale voters in 2003 to Thursday night's premier of the Northwest Arkansas Naturals at Arvest Ballpark - a $ 32 million public facility approved by just 13 votes in July 2006 - voters in Springdale are taking extraordinary steps to move past the city's blue-collar image and full-steam ahead into the 21 st century.

Topeka Capitol Journal, April 20, 2008:

But Springdale, Ark., is betting its minor league baseball venture has all of the correct variables after building a $32 million stadium to lure the Royals' team out of Wichita.

Arvest Ballpark opened April 10 in Springdale with 7,820 fans to witness the Northwest Arkansas Naturals' debut against San Antonio.

Arkansas Democrat-Gazette, June 8, 2008:

The lights are bright and the grass is green at Arvest Ballpark.

Hailed as the premier venue in Springdale, the ballpark caters to the beer-and-burger crowd in the stands as well as the cocktail set in the luxury suites.

Elected officials and business leaders say the ballpark is proof that a new day is dawning in traditionally working-class Springdale.

But the question remains: Does the city have enough money to keep its $32 million diamond polished?