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HDC_01 25 1990City of Little Rock HISTORIC DISTRICT COMMISSION LITTLE ROCK HISTORIC DISTRICT COMMISSION JANUARY 25, 1990 10:00 A.M. A Special Meeting of the Little Rock Historic District Commission was called to order at 10 a.m. A quorum was present - Mr. William Kennedy, III, Ms. Cheryl Nichols, Mr. Thomas Johnson, and Mr. John Jarrard. Also present was City Attorney Mark Stodola and Mr. Jim Lawson, Director of Planning. Chairman Kennedy opened the meeting-by stating that they were there to reconsider the previous application of the University of Arkansas regarding renovation and rehabilitation of buildings in the MacArthur Park District - future home of the University of Arkansas School of Law. Chairman Kennedy reminded the Commission that they had previously taken action on the application but were advised by the City Attorney, Mark Stodola, that the action taken was not permissible. Chairman Kennedy stated that the letter he had circu- lated was a letter addressed to Mr. Stodola from Mr. Gary Chamberlin President of the University of Arkansas, which addresses the University's differences. Upon the advice of Mr. Stodola the letter was made part of the record. It was stated by Mr. Stodola that originally the reconsideration dealt with the scope of the Commission's authority for requiring an applicant to expend funds for various issues. Mr. Stodola told the Commission that they do have the authority to determine whether to grant or deny a certificate of appropriateness based on the application and facts presented. To answer Commissioner Johnson and Kennedy's questions regarding lighting, Mr. George Wittenberg presented drawings to point out where the lights were actually located and what kind of lights would be around the parking areas. Also there was some discussion regarding the University cost vs. the City cost as well as the lights and the number of lights they were actually putting in and the number they were replacing. After discussion on the cost of lighting, it was stated by Commissioner Jarrard that he thought that they were asking for lighting across the street front and not around the parking lot to tie in with the bond money lighting. He said that the lights that are there now were put there by the City Park's Department. Chairman Kennedy pointed out to the University that the Commission saw a proposal which involved two structures being torn down, and he understood the Commission's statutory authority allowed them to forbid demolition. He stated that the Commission's previous action asked the University to move the building. Since that time, the Commission has been informed by the City Attorney that the Commission could not require them to move a building. Chairman Kennedy stated that the letter that was written on January 16 does not clarify what position the University wants to take in regards to demolition. He said that if it can be sold, then they needed to get everything out on the table and see what people are willing or not willing to do so the Commission can make a decision. Mr. Shelton said that he thought the project itself said what will occur. He pointed out that the letter did say they would make a good faith effort to have the house removed to another site. Chairman Kennedy said that was exactly what they were trying to find out -what the University believes to be a good faith effort. And pointed out that none of the Commission members know the demolition or construction schedule. Mr. Shelton said he could not give an exact time or date. After discussions regarding time frame, Chairman Kennedy summarized the discussion by stating that the bid procedure would require 2 weeks to 30 days notice. To clarify Chairman Kennedy's question regarding conditional demolition, Mr. Stodola said that the Commission did not have the authority to require the State to expend funds to relocate the building. They have asked for demolition of the structure and the Commission is to either to approve demolition or deny demolition. Ms. Elissa Gross with the Quapaw Quarter Association was present and expressed the Association's interest in the Bentley House. Mr. Byl Harriell who owns property in the area said that he would rather see a well lighted parking lot just outside of his front door, secured by the University security force and that would enhance his property as well as the parking lot across the street. He also said that he would love to see the electrical wiring go underground, which this parking lot would require. 2 To answer Commissioner Jarrard's question about exactly what they were voting on, Chairman Kennedy said that their previous action on the application was not proper. This being so, they were now to reconsider. He also pointed out that there has not been a formal change or amendment of any kind by the University. Chairman Kennedy also stated that since they were acting on the original application, that Commissioner Johnson could either withdraw his motion which was the basis for the first action, or he could start fresh or amend that motion. To answer Commissioner Johnson's questions regarding the letter, Chairman Kennedy stated that the letter specifically states that it is not to be considered as an amendment to the application, but part of the record. Mr. Stodola pointed out the four conditions that were previously placed on the Certificate of Appropriateness: being; (1) The Bentley House and garage be relocated; (2) the BEI Building (the tower portion, not the additions) be roofed and mothballed to protect it for possible future development; (3) that lighting along McAlmont Street be in accordance with the plan for the MacArthur Park historic lighting; (4) the sign be conditional upon the outcome of the research on the David O' Dodd marker, and if the research indicates that the marker is in the exact location, that the sign be relocated. Chairman Kennedy stated that those were points that concerned them the last time they considered the application. Commissioner Nichols stated that the marker issue was resolved and needed no further discussion. After much discussion regarding the lights, City Attorney Stodola advised the Commission that they did have the ability to attach as a condition to their Certificate of Appropriateness language that deals with the general arrangement of light fixtures. Commissioner Nichols said that she would like to discuss formulating a condition requiring the Law School to thoroughly investigate using period fixtures and reflect that in their plans. Mr. Stodola pointed out that the Commission did not have the authority to deal with the cost, but could regulate design of the lighting. Mr. Shelton asked if they could have separate motions from the group and requested the groups get together and look at future plans for the area. 3 It was stated by Mr. Lawson that this needed to be resolved today. Chairman Kennedy stated that Mr. Lawson was part of the City staff and was here on Ms. Satterfield's behalf. Mr. Lawson stated that he would like to see the Historic District approve the Certificate with two conditions attached. (1) that the Bentley house and garage be free from demolition for a period of 90 days and if it is not resolved by the QQA and City then the University could tear it down and (2) the period lights to be put in front of the building. Also he said that he did not feel that they should hold the BEI building up if the University of Arkansas wanted to go ahead and demolish it. Mr. Fred Harrison, with the University, stated that he accepted Mr. Stodola's interpretation and the Commission's authority to issue a Certificate with conditions. Chairman Kennedy stated to Mr. Lawson that he appreciated his response and what was perceived to be staff position. Commissioner Jarrard said that his personal opinion has been that the large structure not be destroyed, but he would not oppose a motion that would allow it to be demolished. Commissioner Johnson stated that they needed to look at the whole picture. He agreed that the Law School would be a great advantage to the Historic District. Commissioner Nichols stated that she agreed also and that it is a very important project. She did not want to stand in the way to the extent that it would not go forward. She said she wished the University had come to the Commission when their plans were first being developed so that they could have ironed out some of these things up front before the budget was set. Commissioner Johnson stated that he hoped that they would allow minimum time for groups to get organized to accept the Bentley Cottage for rehabilitation. After discussion of the previous motion with conditions, a motion was made by Commissioner Jarrard to approve the project with the following conditions: (1) the Bentley house demolition be delayed for 90 days from this date in hopes of finding a suitable way to move it, and (2) that the general design of the lighting be in line with the Historic lighting style that is being developed by the City for the downtown area. Chairman Kennedy asked Commissioner Jarrard if he was specific enough about the kind of lighting he wanted. Mr. Stodola stated that it was important that he clarify if he was talking about period lighting along public rights of way adjacent to the park or different kind of lights. Commissioner Jarrard added to his motion that the lighting would be along the street front of McAlmont only and that Spring City Electrical Manufacturing has been used by the City. Chairman Kennedy asked for a second. Motion failed due to lack of a second. Mr. Jim Daily, City Board Director was present. Mr. Daily stated that he wished there was some way the Certificate of Appropriateness could be approved. He said that he had been personally assured by Mr. Gary Chamblerlin that the University would cooperate with the Commission and the City to accomplish the objectives in the district. Mr. Daily assured the Commission that he would see that those things are accomplished by the University.. After further discussion, a motion was made by Commissioner Johnson to approve the application with no conditions and with the request that the University work with its neighbors and the park and with the City to coordinate street lighting and also with the request that the Bentley Cottage not be demolished for 90 days. Motion was seconded by Commissioner Nichols. Motion passed by a vote of 3 ayes and 1 nay. Commissioner Jarrard stated that he had read the charge in the ordinance and he could not support the motion and be true to what they were supposed to be doing on the Historic District Commission. He felt that the project was wonderful and would be grand for the City, but in looking at their charge, it would not be in keeping with what they should be doing. There being no further business before the Commission, the meeting was adjourned at 11:45 a.m. nm 5