HomeMy WebLinkAboutHDC1987-006 Memorandum From BODC To Mayor And Board Of Directors 03/21/1986BOARD OF DIRECTORS COMMUNICATION
M E M O R A N D U M
March 21, 1986
TO: Mayor and Board of Directors
FROM.: Charles Nickerson, Acting City Manager Wv
SUBJECT: 522 Rock Street
The attached correspondence from Mr. John P. Corn, Attorney
for The American Legion, is in reference -to property located
at 522 Rock Street. The property is owned by The American
Legion, who purchased it with the intent of demolishing the
building and constructing a parking lot. The building had
been condemned by the City prior to The American Legion's
acquisition of the property. In December 1985, The Legion's
application to demolish the structure and erect a parking
lot was delayed for six months by the MacArthur Park
Historic District Commission.
Our office became involved in this matter in February when
several businessmen in that area complained about the
deplorable condition of the building. (See attached file
memo from Brenda Donald.)
Specifically, Mr. Corn has requested that the Board amend
the Historic District Commission ordinance to reduce its
authority to impose demolition delays. Mr. Corn has
requested that this issue be placed on the next Board
agenda. -
Robert Atkinson, the City representative to the Historic
District Commission and Secretary for the Commission, has
been actively involved in this case. His comments regarding
the authority of the Historic District 'Commission are
contained in the attached memo. We concur with his
recommendations and urge the Board not to make any
amendments to the Historic District Commission ordinance.
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Attachment
CITY OF LITTLE ROCK, ARKANSAS
JOHN P. CORM
ATTORNEY AT LAW
9105 CHICOT ROAD
LITTLE ROCK, AR 72209
501-568-2170
March 10, 1986
Assistant City Manage -,-
City Hall
Markham & Broadway
Little Rack, AR 72201
SUBJECT: American Legion property 522 Rock
Request to be put on agenda for next City Board
of Direct ors Meeting
Dear Madam:
I have been told about the meeting you held with a number of
residents Of the vicinity of Sth and Nock Street concerning the
conduct of vagrants on 00 about the premises at 522 Rock.
I have written: the City Attorney about the situations andntaiked
to hits on the telephone recently -and it 'agpeans we" are at a dead
end. Perhaps the• Mar•d -cif Directors can get things moving some
way. I i
The pAPerty is an extreme hazard to life and property as was
testified to by numerous witnesses at the hearing before the
Little hock Historic District Commsssson.
I would suggest you review the file of the Historic District, the
City Attorney's letters, the testimony offered by witnesses at
the Historic District meeting, in order to understand why_ I
request that we be put On the agenda immediately.
Because of the insurance crisis, The American Legion has been
unable to Purchase liability insurance and the 'Trustees feel that
this delay causes all the neighbors the possibility of injury and
damage from fire, wind and falling debris because of the
condition of the premises.
Please let me hear from by March 20th as to the next meeting we
can be on the agenda and the approximate place on the agenda. In
order to speed things up I attach a copy of my letter of December,
9, 1985 to the City Attorney requesting that I be out on the
City Manager
March 10, 1986
Pane i
agenda and for some reason this request has been declined. I
also attach a copy of the Gazette article concerning the July
hearirig. I would appreciate a response in writing as to your
actions so I cars know that we are moving on this without further•
delay.
Yours sincerely,
Jch Cc�rr�
JAC : Cp-
rosc
Encls:
CC : Mr. Edward Braun, Adjutant
Awer i can Legion Post No. 1
315 cast Cacital
Little dock, AR 72201
Director Charles Bussey
Director Bob Hess
Director Lottie Shackleford
Director J. W. Bersafield
JOHN P. CORN
ATTORNEY AT LAW
9105 CHICOT ROAD
LITTLE ROCK, AR 72209
501-568-2170
December 9, 1985
Mark Stodola, Attorney
City of Little Rock
City Hall Building
Markham and Broadway
Little Rock, AR 72201
Dear Mark
C(DPY
Last July I wrote YOU about tree purchase of 522 Rock Street, and
which the Board of Directors had passed any Ordinance owdening It
be demolished because of the safety, health, and fire hazard.
The property is in the Historic District, and the Trustees nave
applied to the Distract for a permit to destroy the property.
The District refused to act on the request and instead postponed
the matter to an indefinite date.
Every property owner who was notified was in favor of demolishing
the property; 3 property owners adpeared and begged the
Commission to act immediately.
Does the Historic District Commission have superior, autmonity to
countermand and hold up the Board of Directors+ ordinance that
the property be towns downs? It's diffi-cult for me to believe
that the City of Little Rock Board of Directors has vested its
power of safety and health in the Historic District. If there is
a loss of life or extreme opoperty damane, on whose shoulders
does the resoonssibility rest? The City Board of Directors? The
Historic District? The City Attorney, or the prior City Board
that vested the authority to frustrate the will of the present
Board of Directors in the Little Rock Historic District?
It appears that the Historic District Ord
immediately so that when the Board passes
something be demolished the City employee
demolitions permit can be disciplined. At
employee is instructed not to do what the
ordered, but is ordered to go by what the
decides.
n:an:ce needs amending
an ord i na nsce ord er i nrg
who refuses to issue a
the present time, that
Board of Directors has
Historic District
This has been a hazard and a slum blight on the neighborhood for
Many years, and for the City to continue to risk the property and
lives of the nearby neighbors points out the failure of the
ordinance setting up the Little Rack Historic District.
I would like to appear at the next Board of Directors meeting to
present these issues to the Board for its consideration. Will
you please put this on the agenda at the agenda session, on net
the persons who is actually in charge of the agenda to do so, and
ask that person to let me know the proper onocedune so that we
can work on this problem.
Yours sincerely,
John P. Cor rs
JPCJac
IR
CITY OF LITTLE BOCK
March 18, 1986
TO: File
MEMORANDUM
FROM: Brenda Donald, Administrative Assistant
SUBJECT: 522 Rock Street
On Wednesday, February 26th, I received a call from Richard
Cook of Cook and Associates regarding an abandoned building
at 522 Rock Street, directly across the street from his
business. According to Mr. Cook, the building was a health
and fire hazard and was illegally occupied by vagrants who
harassed his female employees. Mr. Cook said that the
building was owned by the American Legion, who had purchased_
it with the intent to demolish the structure and build a
parking lot. The following day I met with Mr. Cook and a
group of interested parties along with Joe McCain of the
Public Works Department, at the Rock Street address. I told
them that I would research the facts of this case and report
back to Mr. Cook.
Upon checking out the history of this case, I learned the
following:
1. 522 Rock Street was condemned per City Ordinance
No. 14,897, dated June 4, 1985, (see file).
2. On December 5, 1985, the Historic District Commission
delayed for six months the application by John Corn,
Attorney for the American Legion, for a "Certificate of
Appropriateness" for the demolition of the building and
construction of a parking lot at 522 Rock Street.
3. At their February 19th meeting, the Historic District
Commission voted to rehear the Rock Street case at
their April 3rd meeting.
DGVIJio1 1
on house
i postponed
The Little Rock llistoric District
Commission Thursday deferred
action for up to six months on a re-
quest by the M.M. Lberts Post 1 of
the American Legion at 315 Fast
Capitol Avenue to demolish a
boarding house at 522 Rock Street
for expansion of the Post parking
lot.
Nearby property owners sup-
ported the Legion's plans, saying
that the boarding house, which is
now vacant and condemned, har-
bors pests and transients.who are.
a nuisance, has long been an eye-
sore and is a fire hazard.
But the Quapaw Quarter Associ-
ation and the state IIistoric Preser-
vation Program were opposed.
Cheryl Nichols, the Quapaw Quar-
ter Association director, said the
Association didn't oppose demoli-
tion of the house, but that a park-
ing lot on the site would contribute
to "erosion" of the fringes of the
MacArthur Park historic District
and have a negative impact on
nearby historic houses.
Bill IIall -of the IIistoric Preser-
vation Program called for delay of
the demolition until the Commis-
sion is convinced the house can't
be redeveloped.
- The. Legion is. willing to.. sell the
house to a developer.
IIomer Connell, who runs the
Lucky Seven Superette at 314 Last
Sixth Street," next to the house,
said that when his customers see
the house, "it doesn't increase
their appetite. If the looks don't
get you, the odor will."
W.J. Walker, a lawyer with of-
fices in a restored house at Sixth
and Rock, said "neighbors are fed
up" with the house and that it's
"urgent that it be disposed of,
lie and Raymond Branton, the
Legion's architect, said it wouldn't
be economically feasible to rede-
velop the house. Walker said a po-
liceman told him that when he was
trying to arrest a transient in. the
house, the transient collapsed and
fell through a wall.
The Lcbion has 47 , parking
spaces and the expansion would
provide about 30 m.ore. The new
larger lot' would be landscaped.
John Corn, the Legion's agent, said
300 to 600 persons visit the Post
daily. .
I was informed of item No. 3 by Robert Atkinson, City
Representative to the Historic District Commission, who
indicated that in all likelihood, the Commission would
approve the demolition of the building, but that they still
had some reservations about the parking lot.
On Wednesday, March 6, I contacted Richard Cook and informed
him of the Historic District Commission's vote to rehear the
Rock Street case.
On March 13th, I received a letter from John Corn regarding
the Rock Street case and requesting that he be placed on the
Agenda to discuss amending the ordinance that established
the Historic District Commission (see file).
Robert Atkinson later informed me that he had spoken to
Mr. Corn on March llth, and that Mr. Corn had requested a
delay of the rehearing by the Historic District Commission.
I contacted Mr. Corn on March 14th to discuss his letter and
his request for a postponement. Mr. Corn said that he was
not prepared to go before the Commission in April, that he
wanted his application considered in its entirety, and that
he didn't care if the building remained standing "forever"
if the parking lot was not approved. He further stated that
he wished to be placed on the Board Agenda per his letter.
After discussing this case with Charles Nickerson, on
March 14th, I requested that Robert Atkinson provide us with
a memo containing his recommendations. That memo is
included in the file.
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