The Tulsa Forum by TulsaNow

"Title 42 Tulsa Revised Ordinances
Zoning and Property Restrictions

Section 60.100 Dynamic Displays

60.100-A The images and messages displayed on a dynamic display must have a minimum dwell time of at least 8 seconds and may not contain any movement, animation, audio, video, pyrotechnics or other special effects."

There's much more, but that alone should have stopped the construction of a full-motion video billboard anywhere in the city of Tulsa.

Coming over the hill on Yale Avenue past the OU campus is a bright TV screen that steals your attention.  Its full-motion video like you are at the Admiral Twin except you are in busy traffic, and by every indication is way way out of code.

KJRH is reporting that the Muscogee (Creek) Nation leased some tribal land to Gordon Outdoor Advertising, whose owner said he spent three years securing this property for his billboard. "The billboard owner said he went through all the proper channels, but wouldn't share the details."
https://www.kjrh.com/news/local-news/midtown-video-billboard-draws-controversy-raises-questions-about-approval-process

Imagine someone building a pig farm in midtown and promising the smell would only affect their property.

(https://mediaassets.kjrh.com/photo/2018/08/10/poster_db5ff93880a342669bfa58f7961b2a0a_94671854_ver1.0_640_480.jpg)

Do Tulsa ordinances apply?

Asset? That made me shoot coffee out my nose. At one time that was residential and there was a house on that lot in the late 60's. (aerial view from 1967)

(https://photos.smugmug.com/Misc/i-2696rWd/0/a79df516/M/billboard-M.jpg) (https://kevinallsop.smugmug.com/Misc/i-2696rWd/A)

Perhaps not outright.  Even though it is on a sliver of "tribal land" its operation affects the public safety of land not owned by the Creeks, and the city is compelled to act on that to protect its citizens.

There are questions that must be asked:
Did the builder intend to skirt city law when he chose the site?  
Are utilities required to provide services and infrastructure to tribal land (even if that land would be considered nonconforming or detrimental to the surrounding jurisdiction)?
...and who were the "proper channels" that said this was ok?

You seriously want to go down the path of denying utilities to tribal land because you don't like what is built there?

Interesting angle.  Would a solution be more like a sanction against businesses that seek to skirt the law, if that is what happened?

I'm not sure about the status of this land in particular, but if it is reserved/trust tribal land then the site isn't legally in Tulsa and only Federal and Creek Nation laws would apply. There's no Tulsa zoning law to skirt because the site legally is Creek National land, not Tulsa or even Oklahoma. I'm sure that's how and why this site was chosen based on the article and the issues you are bringing up. Your appeal to apply zoning would then have to go to the Creek Nation.

I thought this was the property where they were wanting to put in a smoke shop, correct?

KJRH: The Muscogee (Creek) Nation said it was aware of the lease on the land, but the process doesn’t go through them.

KOTV:  The neighbors were first concerned when it was cleared off for a smoke shop but that was never built.
A fireworks stand later appeared on the property but it never opened and the property was fenced off marked as "federal land" now this week it's the site of a billboard.
http://www.newson6.com/story/38861103/billboard-placed-near-tulsa-neighborhood-has-residents-angry

So a 1/4 acre lot is considered tribal/federal land out of the whole area because it's leased to the Creek Nation? Or is more of that area "tribal land"? Sounds like a new version of "imminent domain" the tribe is paying for the land so they can do what they want. Sounds really fishy.

Property details

http://www.assessor.tulsacounty.org/assessor-property.php?account=R02075932102470&return=close (http://www.assessor.tulsacounty.org/assessor-property.php?account=R02075932102470&return=close)

Let's not forget that all of Eastern Oklahoma is tribal land. All of Tulsa south of Admiral is in the Creek Nation.

The land can't be leased, The Creek Nation, or a tribal citizen, has to own the land and the land has to be within the National Area of the Creek Nation. The national area of the tribe being the borders of the former Creek reservation in Indian Territory, which was was basically stolen from the tribe via allotment by the Dawes Act in the early 20th century as Oklahoma became a state. The Creek reservation here being the land that was given to the tribe when their land in Georgia and Alabama was stolen in the 1820s and they were sent to die on the trail of tears by the dude that we still have on the $20 bill for some reason.

Anyway, back to this plot of land, The Creek Nation, or a citizen, would have to own it and then the tribe would file with the BIA for the land to placed in Trust or Reserved Status with the federal government. Meaning that the land then is federal land held in Trust ownership on behalf of the sovereign Creek Nation and/or it's people as per federal laws regarding and treaties with the Creek Nation.

I do not know how Tulsa County would handle the sale and placing in reserved status of a piece of land. Tulsa County would no longer receive any taxes from that land so the assessor has nothing to assess. The County would no longer have any authority or jurisdiction over that land. I do remember when The Creek Nation bought Riverwalk in Jenks they gave the city a few million dollars so they wouldn't fight Riverwalk being placed in reserved status, which would mean that Jenks would get no taxes from Riverwalk. I now am not actually sure the tribe has ever put Riverwalk in reserved status, but they could. Riverspirit Casino obviously is reserved land.That's why you see Creek Nation Lighthorse Police there instead of TPD.

Yes, I remember my Oklahoma History at Whitney Jr. High. I wasn't try to dispute that. You could say the same for most of the US.


It seems, according to the assessor's info that it was purchased in 2015 by  MICHELLE WOLF VOICE and the mailing address is
C/O MUSKOGEE CREEK NATION REALTY
PO BOX 580
OKMULGEE, OK 74447

and no taxes were paid last year, and doesn't appear to be any for this year. So it appears that it is Tribal land, so I guess they can use it as they see fit. I disagree with the billboard, but that's my opinion.

They could have hazardous waste trucked there for incineration, or a deep-injection well, or a carcass-rendering facility, all of which would affect the surrounding community but who would have no recourse than to just "get used to it?"

Where would a line be drawn, and who could do it?

I don't think there is an answer, you would like to think common sense would figure in there somewhere, but we all know that doesn't happen. Best answer, follow the money.

All federal laws still apply. Beyond that, it would depend on the Creek Nation's laws.

Maybe right. Maybe the answer is in deterrence.  If a business gets a reputation for using tribal loopholes to do an end-run around the city, the city might remember that the next time that business asks for a variance or pleads hardship.
Maybe there will be a non-binding resolution...

I would make a terrible politician.

I'm guessing that's OU's opinion as well  (OU Schusterman center at 41st & Yale).
I live ¾ mile from this billboard and spotted it on Saturday.  It's huge, it's hideous.  I'll be boycotting any business that advertises on it.  
Thank you OU for getting this removed  (premature, but I'm confident).

Edit:  Ugh... I see OU's advertising on the billboard..  Boren was huge on aesthetics

Let's start a list!

The only reason you would make a bad politician is that you won't compromise your principles and common sense to try and appease everyone, and this is a good thing.

I'm against all billboard on city streets, video and non-video. Maybe along highways they a little bit acceptable but not on streets towering over neighborhoods. I also think we should stop allowing commercial sings on poles.

Just from Local news stories you see:

St Jude Children's Research Hospital
Riddle Plant Farm and Landscaping
Gordon Outdoor Advertising
OU Physicians
Eyemart Express
Mothers Against Drunk Driving
Green Country Federal Credit Union
Tulsa Fraternal Order of Police
Perini Eyecare
Enterline Law Firm
Crushed Red
Six Guns Construction
Ben Fu for District Attorney
Gada Homes



(https://bloximages.newyork1.vip.townnews.com/tulsaworld.com/content/tncms/assets/v3/editorial/a/3c/a3c02aa3-a025-5928-aedf-82d04b67ca62/5b759d1d1a5e9.image.jpg?resize=1000%2C665)

It gets pretty complicated, but if the land is a restricted allotment it may require approval by the BIA or a Tulsa County Court to enter into a lease  like the billboard company lease.

There is something similar in BA at the corner of 81st and Main street, across from their PAC.  Smoke shop with a HUGE billboard very low to the ground - bottom edge maybe 10-12 ft from ground.  I could stand on the roof of my pickup and touch the bottom of it.

I make it a point to note the advertisers on stuff like that and when I am in the market for whatever they are selling, call them to let them know I won't consider them, and why.  I know it iwll never make a difference, but it at least lets them know someone is watching and paying attention.

The World finally figured out this story

https://www.tulsaworld.com/homepagelatest/billboard-near-st-and-yale-on-native-owned-land-draws/article_7b5232df-93c6-5c6f-8bf3-f5a9d0f271c0.html

They should share their love by adding audio.

I don't understand how this is "restricted" Indian land.  That term generally means that title is in held by the United States in trust for the tribe, or the Tribe owns it subject to federally mandated restrictions against alienation.  In either situation, the Bureau of Indian Affairs must approve sales, leases, etc.  I don't see where the BIA was involved in this at all. 

The tribe owns it. Bought by Michelle Wolfe Voice June 2015. Her mailing address is the tribe realty office.

MUSKOGEE CREEK NATION REALTY
PO BOX 580
OKMULGEE, OK 74447

http://www.assessor.tulsacounty.org/assessor-property.php?account=R02075932102470&return=close (http://www.assessor.tulsacounty.org/assessor-property.php?account=R02075932102470&return=close)

Trust me the businesses are loving this! No press is bad press! Every time someone calls one of these businesses to complain tells them they got there money’s worth! So you are actually making them more money.

It doesn't have to be owned by the tribe, it can also be owned by a tribal citizen. It sounds like the Creek Nation keeps information on reserved and trust land confidential unless required by federal law.


https://www.mcn-nsn.gov/services/realty-trust-services/

Angry phone calls don't pay the bills.   That said, I'm sure for every detractor, there are multiple leads this abomination has generated.

That seems to coincide with the billboard owner saying he started the paperwork three years ago.

They just installed the camera-on-a-stick that tells them whats on the screen and if its malfunctioning or shot out.
Some advertisers shuffled, OU and St. Jude seem to have been replaced with Ben Fu for DA and a construction company.
(EDIT: St. Jude re-appeared)

I think Fu's campaign missed one heck of an opportunity:

"Little Benny Fu Fu hoppin' through the courthouse..."

You cant object to it now that it has "legitimacy."

(https://bloximages.newyork1.vip.townnews.com/tulsaworld.com/content/tncms/assets/v3/editorial/2/99/299fbacf-1f69-5531-92bd-6012bc64507e/5b7d53894bc92.image.jpg?resize=500%2C400)

...and this apparently wasnt the first tribal-billboard collaboration.  That honor goes to a lucky Broken Arrow neighborhood.

https://www.fox23.com/video?videoId=457274669&videoVersion=1.0

A little off subject - who do I contact about a dangerously bright billboard on highway 75 just North of 71st St?

https://goo.gl/maps/4fmf8X8W6S52

INCOG or ODOT, unless this is actually incorporated land.

Which one? I haven't noticed any of them being "dangerously bright" along there.

That's the one I mentioned a few days ago.  It is so low to the ground, I could stand on the hood of the truck and touch it.

It is obnoxious, but points up Main street so most of those residents only see the back of it.  Only 2 houses really can see it much.

Patric's correct...Wayne Brady on his pic.  It's not every day but yesterday was a "what the F...that is bright" day.

It happens often.

Passed by the billboard at 41st & Yale this weekend - it is way worse than I imagined.

Someone needs to get creative with a drone with attached pilot string(s).. 
That billboard wants a protest banner.

It was brought to my attention Broken Arrow officials discussed denying taxpayer-supported infrastructure for a proposed casino there.

Easy to figure out BA...follow the money.   First Baptist and Rhema run the show.

There is a neighborhood meeting on Tuesday to discuss more detailed info on the legality and next steps.

Most advertisers have pulled their ads. The only advertisers who haven't pulled out appear to be those who got the advertising in relationship for in-kind work (Riddle plant farm provided some rather ridiculous looking landscaping for example) and Ben Fu who stated that he would rather lose a few votes than pull the ad.

And it worked!

Says a lot.  And to think that was the union's pick for the chief law enforcement officer.

He was well-funded and looked like a strong candidate out of the gate. Plus they wanted Kunzweiller out because he charged Betty Shelby with a crime.

That, and Kunzweiller was saddled with prosecuting a Tulsa Police officer who used department computers and resources to stalk his daughter's boyfriend.  Up to that point the D.A. had done everything the union wanted, but expecting him to ignore a high-profile killing like that was just unrealistic.  (new topic?)
https://www.washingtonpost.com/news/morning-mix/wp/2017/10/19/white-ex-tulsa-police-officer-convicted-of-fatally-shooting-daughters-black-boyfriend


As for the LED billboard:  The couple killed at that intersection yesterday evening making a left turn from 41st onto Yale would have certainly seen the bright, oversized billboard in their peripheral.  If it were playing video it could have caught their attention at the worse possible time, but we have no idea whether or not it played a role in the deadly crash.