Eastland Mall Needs a Comprehensive Plan
written and submitted by Jennifer Weaver
As some of you will know, I began researching Eastland Mall’s new owner in January. When I heard the mall had sold, I became interested in knowing what the new owner would be like. I was disturbed when I began searching the Internet. After a month and a half of research, I gathered my findings into a power point presentation. Through my former councilor, Jim Mautino, I was put on an Urban & Economic Development committee agenda, to present my findings to the entire city council. That’s when Eastland was back in the news.
I had no idea what I would find when I began. Consequently, I realized that Eastland Mall needed the attention of our elected officials. Initially, my concern was that Mr. Whichard would let the mall dilipidate to the point of condemnation. That would involve tax payer dollars to buy Eastland Mall. In an article in The Journal Record, 2/22/06, Mr. Whichard was quoted as saying he ‘welcomed’ condemnation, but to Steve Berg at Channel 6, Mr. Whichard said he did not want condemnation because “it takes forever.” Subsequently, former councilor Medlock informed me that with his resolution on eminent domain, this would not happen. I was somewhat relieved, but still left wondering what would become of Eastland Mall.
I spoke with several city officials around the country where Mr. Whichard, of NSC New Markets Real Estate, LLC, had purchased other malls. One official made a huge point of warning me Mr. Whichard may try to get the property zoned for industrial use. He also warned me Mr. Whichard may try to piecemeal the property.
Since the meeting, The Kallay Group has been in the media as wanting to purchase the mall and have a mix of business, retail, and restaurants. Mr. Kallay seems very enthusiastic in his venture, and a lot of us in District 6 were very excited to hear this news.
Councilor Troyer had a neighborhood meeting about 2 weeks ago, and told all of us that he had met with Mayor Taylor, The Chamber, and Ed Kallay and that there would be another meeting the following Friday. He explained he could not share what the plan is for the mall, but that Mayor Taylor would make an announcement. At that same meeting, where I was in attendence, former Councilor Jim Mautino brought the notice of the IL zoning application and hearing date. Mr. Mautino spoke briefly and the meeting resumed. When it got brought up again, Councilor Troyer made it clear that the meeting was not about Eastland, but about neighborhoods. Councilor Troyer’s purpose with the meeting was encouraging neighborhood associations and the Vision 2025 neighborhood dollars that were available through applying for them in the Phase III.
That meeting still left questions unanswered and people were growing more confused and concerned. Councilor Troyer did not know about the IL application. I spoke with Councilor Troyer, who seemed very enthusiastic about the plan, but didn’t know what IL zoning was.
I have been in communication with Councilor Troyer and he told me the application would be withdrawn, and he even came by in person to tell me the application had been withdrawn. Then, the following day, the Tulsa World had an article (pdf) that states Mr. Kallay realizes he doesn’t need the IL zoning, but some ‘variances’. Mr. Kallay made a point to reemphasize his initial plan. But, as Roemerman on Record states, the application has not been withdrawn, as of today. Councilor Troyer was awaiting a call to verify this.
In the meantime, the rumor mill is churning with even talk of a casino. Now, if Mr. Kallay is seeking variances, that leaves more questions. Moreover, Mr. Kallay does not actually own the mall, it’s still belongs to Mr. Whichard of NSC New Markets Real Estate, LLC. Variances are very wide ranging, and will follow the ownership of the mall.
After the initial Urban/EcDev Committee meeting, there was no follow-up about Eastland Mall at committee. The election was well underway, by then. I never shared the the advice I received for asking Mr. Whichard to submit a comprehensive plan for the mall, so that he wouldn’t be able to piecemeal, or change zoning that would be out of compliance with our own Eastside Plan.
I believe for the benefit of the Eastside community that Mayor Taylor, Councilor Troyer, Mr. Kallay, neighborhood leaders and interested citizens could attend a meeting to learn more about the plan for Eastland Mall. Or, that Mr. Whichard submit a comprehensive plan to the city. It’s not right for the community to be left in limbo wondering what is going to happen to their mall. The people in District 6 are extemely concerned and would greatly appreciate attention to this matter, soon. This will have a vast impact on the eastside of Tulsa, either for the better or worse, for years to come.
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I noticed when I read the Whirled’s article, again…I came across something very interesting…it says:
The application to rezone the mall from CS, or commercial shopping district, was filed by Kallay’s partners in the deal, he said.(Kallay) He declined to identify the partners, saying they prefer to be anonymous.
Records kept by the Indian Nations Council of Governments show the application was filed by Gail Runnels, an attorney representing Kallay and his partners.
First issue I have with this is…How in the heck can a partner be anonymous when they have to file a public document? It’s NSC New Markets Real Estate, LLC., which IS WHICHARD!!
Second issue…if Gail Runnels is representing Kallay and his partners, then…that makes Kallay and Whichard Partners, now doesn’t it!!!!!
Third…the application says nothing about Kallay because he doesn’t OWN the property…Whichard does…the Whirled makes it sound like Kallay filed, when it was Whichard…HELLLOOOO????? They MUST be partners!!!
Now, Whichard wants to be an ‘anonymous’ partner? Imagine that!!!!
Why would Kallay want Whichard as a partner and then try to hide it? huhuhuhuhuhuhuh? Did the Whirled reporter actually see the application? What is the REAL plan? huhuhuhuhuh? What kind of crap is Kallay and Whichard trying to feed everyone? huhuhuhuh?
I got news for them…we’re not buying it!!!!
They should come clean, NOW!!!!!!!!!
Eastland Mall industrial rezoning intrigue…
East Tulsa neighborhood activist Jennifer Weaver has been keeping a close eye on Eastland Mall and its owner Haywood Whichard, an out-of-state investor who has a reputation buying distressed shopping malls and sitting on them until they’re condemned f…
Well, somebody got a big box here…
The saga of Tulsa’s Eastland Mall (only slightly hinted at here) has taken some strange twists. Jennifer Weaver reports: I have been in communication with Councilor [Dennis K.] Troyer and……
dig further….is whichard really nsc
check out the incog website. looks like the rezoning to IL was denied AND the meeting has been postposed for 2 more weeks at the request of dillards attorney kevin courtant.
in the mean time kids…keep diggin and keep lots of notes
the district needs to pull together in force, along with troyer leading the pack and demand that a pud be done. that way all must be revealed to the city and the way i understand it, people would be held accountable in the future if anything happened
did anyone see that 2 suits have been filed in district court against whichard?
The link to the INCOG info is
http://www.incog.org/TMAPC/Agenda/z-7026.pdf
We don’t want them to come back with a PUD!! That would be worse!! Dillard’s has asked for a continuance for 2 weeks, but I don’t think that would actually be granted until the hearing date of June 7.
A PUD for Eastland would be a disaster!!
Whichard’s cases are listed on oscn.net as:
CJ-2006-3061
CJ-2006-3064
From what I’ve been told, so far…these are foreign judgements, which means, these people are wanting to collect on a judgement they have already received in another state…looks like NY. It’s ‘automatic’. The 20 days was up, yesterday, June 1. There was no asset hearing within that 20 days, because they know what Whichard has here, Eastland Mall. So, the judgement is for $2,150,000 + 24.9% interest. This may have been granted in 2004!! It has language that states, fraud and unfair trade practices. Again, this judgement is automatic and cannot be used in a bankruptcy.
I think this plantiff could put a lien on Eastland…I don’t know how far the plantiff could go…auction?
This puts a new twist on things…unless, Whichard’s just waiting until the last minute to pay it.
Just to clarify…I asked if the Whirled has seen the application…I noticed it does not list the owner…but, the notice that gets sent out does…it has Runnels as the applicant, and NSC New Markets Real Estate, LLC. as the owner…which is Whichard.
More info…the other case has a judgement of $600,000. Whichard has already signed them…he knows he has no choice but to pay. It’s just been a matter of time for him, I guess.
I keep hearing Kallay has pulled out…and that attorney, Gail Runnels, is no longer representing Whichard…
I think Whichard bit off more than he could chew here in Tulsa!!
The ship is sinking fast!!!!!!!
maybe runnels isnt representing whichard because of the 2 recent foreign judgement suits filed against whichard. if you think about it, there would be no money at the end for runnels the attorney..was probably handling on a contigency anyway. still cant imagine kallay pulling out of this. see what happens next week.
http://www.tulsaworld.com/NewsStory.asp?ID=060606_Ne_A13_Bigpl15791
hmmm….
ok mee….
what is the hmmmmm… for?
now my take on the article is….where is whichard/kallay in all of this?? BEWARE!
Here’s the Hmmmmm….
Carr said the community would support a variety of things in the redevelopment of the declining Eastland Mall.
I would like to see this in a positive manner, here. What’s variety, though?
I’ve seen this plan…it’s not official, yet-sure ISN’T Industrial, and the plan is no where close to industrial! Would variety mean a PUD to Industrial would be okay with them? They sure didn’t rule it out, specifically!
I thought Mr. Kallay had a plan, and I expected him to already have his ducks in a row…guess not…wonder what the problem is…not enough investors? Then, WHY would he be in the media talking, if he doesn’t KNOW IF he/they ARE buying, and WHAT Eastland Mall would be ‘converted’ into…I realize these Investor Groups have their own ways of doing business…but, WHY SAY anything until it’s a done deal? Hmmmmm…..declining=industrial=only option?????? NOT…!!!! It may not be able to be the old Eastland Retail Style Mall, but industrial is NOT the ONLY option…I KNOW BETTER!!!!
I did not mean ‘done deal’ as hiding in shadows, either.
Sounds as if a PUD will be in the works…Hmmmmm….
Again, how could this possibly come close to fitting with the new Eastside Comprehensive Plan?
I think the point of this article was Mr. Whichard could have been asked to come to a committee meeting to present HIS plan, to ensure that it WOULD fit with the Eastside Comprehensive Plan…but, it’s taking a different route…hmmmmm….
Just what is a ‘variety of things’?
any news on the mtg that was to take place this morning? continuance?
Haywood Whichard’s IL zoning application states:
Application subtotal-$1860.00
Notice subtotal -$ 572.00
Total Amount Due -$2432.00
When his withdrawal was asked today, live on TGOV Cox Cable 24, there was discussion on what to charge ‘ol Whichard for his application, since he withdrew. The board did not have an explanation of WHY he withdrew-whether it was neighborhood opposition, or other circumstances, but they decided the staff had done their work, and was ready for public hearing. They voted to charge him the full amount, with NO refund, that he had requested!!!
Will he decide to try a PUD? We’ll see just how nervy he wants to be, NOW!! I heard he was upset at the prospect of losing his application money…oh, well…you win some, you lose some…he knows that, right? He’s in a risky business!!!!!
Type Kallay’s name in on OSCN and look at what is going on with his finances. He has at least two properties in foreclosure, a judgment was granted to BOK against Kallay for about $30k a few weeks ago and his house has been on the market for some time now. Kallay was just putting on a dog and pony show to see if he could drum up interest and investors for the project. My bet says Kally has no cash and there will be no deal.
word is that it will be flipped to the cherokees and they will put in office space…or whatever they wish with it.
thanks for the comment reguy..youve done your research. look up the NON oscn records and see other suits and foreclosures. appears that the house that was for sale was filed in foreclsure last week. more to follow?
word on the street is that he is looking to the tribe to bail him out. they are in need of LOTS of office space.