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25 - HPC Resolution - Belford Apartments Foreclosurehein No. 25 TO: Mayor & City Council John Godwin, City Manager FROM: Carla Easton, City Engineer SUBJECT: HPC Resolution - Belford Apartments Foreclosure DATE: December 4, 2017 BACKGROUND: The Belford Apartment Building located at 260 South Main Street, is structurally unsound and was first identified by the Paris Code Enforcement Department as a dilapidated structure in 2010. The Buildings and Standards Commission (BSC) placed its first order on the property in September of 2010, and subsequent orders were placed in attempts to force the owner to secure and repair the building. A timeline of the BSC action is attached to this agenda packet for reference, noted as Exhibit A. After a delay of approximately 18 months occasioned by uncertainty related to the Texas Supreme Court's opinion in the City qf'Dallas v. Stewart case, the City hired a structural engineer in June 2012 to assess the stability of the structure and provide a professional opinion on whether the building presents safety cancer is to the public. The engineering report identified multiple deficiencies in the structure that render it unsafe, including severe deterioration of the building framing. The full report from Dietz Engineers, LLC is attached to this agenda packet as Exhibit B. Following the engineering report, the BSC i -net again in August 2012 and ordered the dernolition of the building within 90 days, after which time the City has the night to dernolish and apply civil penalties to the property. 'The City has not acted on the dernolition order due to the cost of the dernolition. Civil penalties have accrued to the sum of $2,021,800.00, and continue to accrue at $1,100 per day. Minutes for the BSC and HP,C meetings are attached for reference, noted as Exhibit C. In October and November of 20.1.6, City Staff and Council Member Lancaster met with the owner in an effort to help him by recommending that the City Council reduce or waive all penalties, should lie be able to sell the property to genuine buyer. No further progress has been made on the dernolition or repairs to the property. Item No. 25 ST ATL;S OF ISSUE: On October 11, 2017, the Historic Preservation Commission (HPQ considered and approved a recommendation of a resolution presented by commission member David Alarid regarding a process by which the City would foreclose on the dilapidated Belford Apartment Complex. The resolution as presented suggests that the City of Paris take ownership of the property by foreclosure, procure bids for the building restoration, adopt a tax increment financing option to subsidize a restoration project, and sell the property to an investor. Attached is a copy of the resolution provided to the HPC by Mr, Alarid. The HPC also discussed that a similar process, could be adopted and used for properties other than the Belford Building, however no separate proposal has been prepared. BUDGET: The foreclosure process will include some court filing and legal fees; and moreover, taking ownership of a building in such disrepair without any guarantee of a buyer poses a significant financial liability to the City. If there are no qualified proposals, or interested investors, the City will have relinquished entitlement to the civil penalties and taken on all responsibility/liability for the property. RECOMMENDATION: Consider the recommendation by the HPC and provide direction to the city manager. 910 'T The Paris Historic Preservation Commission is aware of the desire, by the, City of Paris to, demolish the old Belford Apartment complex on South Main Street due fines owed to the City in excess, of one million dollars. The members of the commission would however petition City Council to instruct the City Manager and City Attorney to foreclose on the Belford Apartment Complex and put out an REP (Request for Proposals) for the sale Belford Apartment Complex as an "Adaptive Historical Property Restoration", The Commission wound suggest the following: 0 Foreclose on the Belford Apartment Complex 0 Put out an, RFP • REP requests bids for adaptive historical buildings sale / restoration e Suggest the City adopt TIF and include that into the package o Sell it for $1,000,000 with a deed of trust for 5 years, if the building is completely restored or substantially restored, the note will be extended or forgiven. • The note to become a second behind a bank in the event of a bank lien is necessary to obtain financing s Quarterly progress reports to be provided to City Council or to HPC • Historical approvals and tax credit financing should take 18 months • Once rehab starts it is 24 months for completion If nothing is, done, the building will fail or will be demolished,- in the meantime it remains a blight on the City, and reduces property values. Requiring a buyer to provide a loan approval up front is useless because No bank will loan $20M on a dilapidated building. A developer will need to obtain Historical and New Market tax credits (and' TIF if possible) in order to obtain tax credit financing as well as interim financing for the project. Thus, the Commission wishes the City Council to discuss, adopt and approve the foreclose of the Belford Apartment Complex for fines due to the City and put out an RFP in order to restore the property, enhance one of the entrances to the City and create an economic benefit to the City of Paris. Adopted by the Members on September 13, 2017: Chris, Dux Skipper Steely Linda Vandiver Sarah Barbee Randy Hider Glee Emmett Timeline for 260 S. Main 9/12/2010- Structure was presented to the BSC. Orders were placed stating that Mr. Kammer had 90 days to turn in a plan to repair the structure. Stewart vs. Dallas Case halted BSC Meetings 2/20/2012- Structure was presented to the BSC. Orders were placed stating the property owner had 30 days to obtain a structural engineering report on the building and turn it in to the BSC. 4/9/2012- Structure was presented to the BSC. Orders were placed stating that property owner must turn in a structural engineering report to the BSC and $10 per day civil penalty be assessed every day until the report was turned in. 6/19/2012- Administrative search warrant was obtained for 260 S. Main. Warrant was not executed because owner allowed the City and Dietz Engineering, LLC to inspect the structure. 6/21/2012- Robert Talley, Shawn Napier, and Dietz Engineering inspected the structure. 8/9/2012- Donna Deitz of Deitz Engineers, LLC, submitted a report finding several significant structural defects in the building. 8/27/12- HPC reviewed the property and agreed that due to substantial structural damage, the building could not be saved and represented a danger, clearing the way for BSC's consideration of a demolition order. 8/30/2012- Structure was presented to the BSC. Orders were placed stating the structure be demolished within 90 days or the City has the right to do so, and a $1000 per day civil penalty was assessed. 9/7/12- BSC order mailed CMRRR to Mr. Kammer. 10/12/12- Mr. Kammer filed an appeal of BSC order and associated additional claims in the 62nd District Court. 1/9/13- City filed its plea to the jurisdiction and motion for summary judgment to dismiss Mr. Kammer's appeal and claims. 4/1/14- Hearing on City's plea to the jurisdiction; shortly thereafter, visiting judge sent a letter to the parties stating that the Court would be dismissing Mr. Kammer's appeal and other claims. 4/30/14- Mr. Kammer filed his motion to reconsider the Court's ruling. 5/16/14- Order granting the plea to the jurisdiction and denying the motion to reconsideration signed by Court. 5/30/14- Mr. Kammer filed motion for new trial 7/28/14- Hearing on motion for new trial. Court signed order denying motion for new trial. 10/21/16- City staff met with Mr. Kammer about the possibility of reducing or waiving penalties to encourage a sale and rehabilitation of the building. 11/09/16- Staff again met with Mr. Kammer, and Ms. Lancaster, and agreed to recommend to the city council to reduce or waive all penalties should Mr. Kammer secure a buyer. "41 Tyler, Texas 75703 Phone: 9 3.581.255,1 Fax: 903.581.2552 TBPE FIRM # F-12575 Mr. Shawn Napier City of Paris, Texas 30�O Greenville Ave. Mineola, Texas 75773 Re: 260 S. Main Street, Paris, Texas Building Observation Dietz Engineers, LLC, Project No.: D 12056 We have conducted a walk through visual observation of the historic building in Paris, Texas on June 21, 2012 to assess the condition of the building structure and deten-nine if it presents a safety concern to the public. Photographs for illustrative purposes can be found on the pages following the written report. Refer to the attached Plan for location of photographs, llimrf— 'ZIUMMI= The building located' at 260 South Main Street and was constructed in the 191 O's,. The building is a four-story structure. The structure consists of a concrete frame and flat slab system with brick masonry infill at the exterior and elevator shaft. The building faces east for the purposes of this letter. Refer photograph 1. Structural Observations and Discussion The following are our observations: 1. We observed the: basement level and noted excessive spalling of tile concrete beams supporting the glass block sidewalk slab. Refer photographs 2-3. The exposed reinforcing has excessive corrosion with section loss. Tile reduction in area of the reinforcing has significantly reduced the structural strength required to support the sidewalk on the east side of the building. Due to the condition of the sidewalk support firairiing, the public should not have access to this area. L The concrete columns and beams at the exterior of the first through fourth floors of the building have minimal spalling of the concrete, except at the southwest comer of the building on the third floor. This area has excessive concrete spalling and corrosion of Mr. Shawn Napier ,august 9, 2012 Page 2 of 3 reinforcing, that has been caused by water damage related to the roof collapse. Refer photograph 4, 1 We observed extreme spalling and exposed reinforcing at the stair and balconies oil the west side of the building. The reinforcing has moderate to significant section loss. The excessive spalling and corrosion with section loss has decreased the capacity ofthe concrete fi-aming. The structure would not support the required building code loading. Refer photograph 5. 4. The roof on the south side of the building has collapsed, exposing the fourth floor to the elements. This has caused excessive spalling of the concrete beams and floor stab. The spalling of the structural elements also extends into adjacent areas. The southwest corner of the building on the third floor has excessive water darnage related to the roof'col lapse. The fourth floor slab (third floor ceiling) and support beams in this area have excessive concrete spalling and corrosion of"the reinforcing. Refer photographs 6-7. Due to the weight of the concrete from the collapsed roof structure and the deteriorated condition of. the third floor structure, the third floor structure may be inadequate to support this loading. ]'his may lead to a collapse the second floor and repeating to the floors below. This progressive collapse Could cause the building to be unstable on the south side and collapse toward the street on the south side of the building where it would be a danger to the public. 5. In the area where the roof slab and support beams had collapsed, the perimeter concrete columns, support beams, masonry infill and parapet walls did not fail and are still in place. The columns and beams have minimal to moderate damage. The rnajorjty of the darnage is isolated to the area where the roof'slab and beams broke free of the perimeter beams and columns. Refer photographs 8-9. Due to the lack of'restraint from the roof slab and beams, the columns are now cantilevered frorn the fourth floor. This was not the original intent of the design and therefore the columns must be braced laterally. 6. We observed deteriorated mortar joints in the masonry parapet walls as well as decayed wood mailers that were originally cast into the parapets. The mailers were used to attach flashing and a decorative cap on top of the parapet, 'File loose masonry should be removed and re -installed with new mortar. Refer photograph 10. Conclusions and Recommendations Based on the observable conditions of the building structure, our conclusions and recommendations are as follows: 1) The building is in poor condition and should not be accessible to the public, 2) The sidewalk on the east side of the building should be barricaded to prevent use by tile public due to the poor condition of the support beams below. 3) The weight of the debris from the roof'coilapse on the: south side of the building has exceeded the building code required capacity of the floor structure. in conjunction with the deteriorated condition of the fourth floor structure, the south side of the building has the potential to be a public safety issue. Due to the potential for progressive collapse on the south side of the building, we recommend that the: fourth floor be cleared of debris from the roof collapse. The south wall concrete columns should be braced laterally to prevent the exterior wall frorn collapsing. The bracing should be designed and detailed by a structural Mr. Shawn Napier August 9, 2012 Page 3 of 3 engineer licensed in the State of Texas, Temporary bracing may be used, but a permanent repair is required. 4) If temporary bracing has been installed and approved the structural engineer, we recommend that the fourth floor and parapet walls be monitored regularly until a permanent repair has been completed, 5) The masonry in the parapet walls should be examined and all loose bricks,. The loose brick should be re -installed with new mortar. T WTr, I IT I rMIT-4t r t w, l!!!! t s M. UrL arC7 0 servations as par) of our service. Dietz Engineers, LLC has ascertained to the best of curability the visually apparent structural defects. However, as field observations were conducted in a building in which some: portion of the structural framing were concealed by building finishes, Dietz Engineers, LLC cannot be responsible for failing to a,scertain structural deficiencies which were not visible due to existing conditions in, the buildo warranty, either expressed or implied, mgarding the condition of the building structure is intended. Sincerely, Dietz Engineers, LLC President MWAEL F-- BWH t ...... *114-1 .............. 111 0 *0 1 0 DJ2056 - 260 South Main, Paris, Texas Building Observation Photograph I — East Elevation of Building Photograph 2- Concrete Support Beams Under Sidewalk, Note Excessive Reinforcing Corrosion, D 12056 — 260 South Main, Paris,,, Texas Building Observation Photograph 3 — (.7lose-up of Concrete Support Beane under Sidewalk. Note Excessive Corrosion of Reinforcing Steel. Photograph 4 — Typical Concrete Spalling & Corroded Reinforcing at the: Southwest Comer ol'BUrilding on the Third Floor. D12056 --- 260 SOUIII Main, Paris, Texas Building Observation Photograph 5 -- Excessive Concrete Spalling & Corrosion of Reinforcing Steel at Stairs & Balconies OD West Side of Building. Photograph 6 — Roof Collapse at South Side of Building. D12056 - 260 South Main, Paris,Texas Building Observation Photograph 7 - - Roof Collapse on South Side cif' Building. Photo grapli 8 - Looking at Soutb Wall of Building. Note Existing Concrete Column, Beams, Masonry Infill & Parapet Walls Intact. D12056 -260Soutfi Main, Paris., TexasBuilding Observation Photograph 9 . Looking at Southwest Corner of Building. Photograph 10 -- Typical Condition of Masonry Parapet Walls. Note Decayed Wood Nailers. MINUTES REGULAR MEETING -j �s C*14 miss'] "j)k . ...... .. ... . MONDAY, SEPTEMBER 20,2010 4:00 O'CLOCK P.M., 1, Bill Harris called the Building and Standards Con-n-nission meeting to order at 4:05 P.M. A. The following members were present: Chris Brown Vicki Ballard Wendell Moore Bill Harris B. The following members were absent: Lee Ann Barbee Ryan Lassiter tach Saffle C. Also present was Robert Talley, Code Enforcement Officer. 2. Public Hearing to consider presentations by City of Paris Code Inspectors and or and/or lien holder(s) of the below properties who have been given notice of a violation of Article III of Chapter 7 of the Code of Ordinances of the City of Paris, Paris, Texas, entitled ASubstandard and Dangerous Buildings and Structures : A. 512 West Kaufman; Lot 19, City Block 1214 Motion was, made by Chris Brown, seconded by Vicki Ballard, to allow 30 days to demolish. If the property is not demolished in 30 days the City may demolish, with a $ 1,000 per day civil penalty. Motion carried unanimously. B. 1.215 Bonham Street; Lot 8, City Block 128 - Motion was made by Chris Brown, seconded by Vicki Ballard, to allow 30 days to demolish. If the property is not demolished in 30 days the City may demolish, with a $1,000 per day civil penalty. Motion carried unanimously. C. 525 20th Street N.W.; Lot I1 and 12, Block 11, Westside Addition - Motion was made by Chris Brown, seconded by Vicki Ballard, to allow 30 days to demolish. If the property is not demolished in 30 days the City may demolish, with a '$1,000 per day civil penalty. Motion carried unanimously. D. 2075 Park Street; Lot 17-A, City Block 305 - Motion was made by Chris Brown, seconded by Vicki Ballard, to allow 30 days to demolish, If the property is not demolished in 30 days the City may demolish, with a $ 1,000 per day civil penalty. Motion carried unanimously. E. 1246 West Cherry; Lot 9, City Block 84 - Motion was rnadeby Chris Brown, seconded by Vicki Ballard, to allow 30 days to deiriolish. If the property is not demolished in 30 days the City may dernolish, with a $1,000 per day civil penalty. Motion carried unanimously. F. 301 Bonham Street; Lot 6, City Block 120 — Motion was made by Chris Brown,, seconded by Vicki Ballard, to allow 90 days to repair or dernolish. If the property is not repaired or demolished in 9�O days the City may demolish, with a $1,000 per day civil penalty. Motion carried unanimously. G. 347 Bonham Street; Lot 3, City Block 120 - Motion was made by Chris Brown, seconded by Wendell Moore, to allow 90 days to repair. If the property is not repaired in 90 days the City may repair, with a $ 1,000 per day civil penalty. Motion carried unanimously. 11. 1.301 Clarksville Street; Lot Part of 3, City Block 102-A ® Motion was made by Chris Brown, seconded by Vicki Ballard, to allow 3O days to demolish. If the property is not dernolished in 30 days the City may demolish, with a $1,000 per day civil penalty. Motion carried unanimously. 260 South Main Street; Lot 6, City Block 178,-A - Motion was rnade and seconded, to allow 90 days for Mr. Kenny Krammer to submit a plan for repair. Motion carried unanimously. 4. Meeting adjourned at 4:40 P.M. CHRIS BROWN, VICE-CHAIRMAN MINUTES OF THE REGULAR MEETING OF THE BUILDING AND STANDARDS COMMISSION MONDAY, FEBRUARY 20, 2012 4:00 P.M. Don Wilson called the Building and Standards Commission Nfeeting, to order at 4:00 P.M�. A. The following, members were present: Ryan Lassiter Zack Saffle Johnny Norris Wendell Moore Don Wilson Lee Ann Barbee (arrived at 4:43 P.M.) B. The following members were absent: Vicki Ballard C. Staff present: Robert Talley Nicki Brown Audra Lane Jeanna Scott Shawn Napier John Lestock 2. Public Hearing to consider presentations by City of Paris Code Inspectors and owner(s) and/or lien holder(s) of the below properties who have been given notice of a violation of Article III of Chapter 7 of the Code of Ordinances of the City of Paris, Paris, Texas, entitled "Substandard and Dangerous Buildings and Structures": A. 347 Bonham Street; Lot 3,, City Block 120 Owner: Tommy Adams, 81 CR 34520 Sumner, TX 75486 Mr. Adams was in attendance. Mr. Talley stated that the roof was missing and front fad ade was deteriorated. Mr. Adams stated lie does not have liability insurance on the property and that it was a bad investment on his part. The building was in bad shape when he bought it. One half of the roof was caved in prior to purchase. Mr. Adams had a brick layer took at the property to deten-nine the bricks are sound, Replacing the roof is not economically feasible for Mr. Adams. Mr. Adams will get with Jeanna Scott at the City Hall Annex about the Historical Preservation Commission, Robert Talley's recommendation: 90 days to repair roof and loose bricks, Motion was made by Wendell Moore, seconded by Zack Saffle for the ffillig is sturdy and safe. Owner will bring information back to the Building and Standard Commission with a plan to repair or, demolish within 30 days. Motion carried unanimously. 5-0 B. 33 E. Plaza; Lot 7, City Block 3 Owner: SLH Properties; George Shoemake 3025 NE 33d Paris, TX 75462 and Rene Harvey 2125 Smallwood Rd. Paris, TX 75462 George Shoemake and Rene Harvey were in attendance, Robert Talley stated that the safety issues are that the concrete awning is chipping and falling onto the sidewalk and there is a loose rock to the far, cast window of the top floor. Mr. Shoemake stated that he had repeated trips to the City and couldn't get through the red tape at City Hall'. He stated he was working with Stephens Concrete and planned to re -pour the concrete awning in place. Deanna Scott from City Hall Cominunity Development stated that Mr. Shoemake did apply for a pen it in 2010 and that all that has to be done is to re -issue the permit, Johnny Norris asked if the loose: rock could be removed due to safety issues. Mr. Shoemake state it would be removed, Robert Talley's recommendation is that Jeanna Scott resubmits the pertnit ASAP and gives 60 days for repairs to the awning. The loose rock should be: repaired immediately. Motion was made by Johnny Norris, seconded by Wendell Moore for the property to be repaired within 30 days, and if the property is not repaired within the 30 day time period, the City will take further action. Motion carried unanimously. 5-0 C. Old Belk's; Lot 2, City Block 2 Owner.- Minnie R. Priest Not in attendance. Robert Talley stated that he has talked to Chance Priest, This building is an L, -shape building. 'There is a rear entrance on 1st SW street were the awning is starting to deteriorate and the light weight material is falling. Robert stated that Mr. Priest has talked to Cheri Bedford (Main Street) and that they are talking to the Texas Historic Commission, Jeanna Scott from Community Development stated that Mrs. Priest came in 2/17/2012 to get a demolition permit. They are removing the awning. Robert recommended removing all deteriorated materials firorn awning Motion was made by Wendell Moore, seconded by Johnny Norris for the property to remove any deteriorating materials from the facade within 30 days. Motion carried unanimously. 5-0 D. 3,7 Clarksville Street; Lot 11, City Block 3 Owner: TMRF LLC; Ben Faber 508 Church St. Paris, TX 75460 Mr. Fabler was in attendance. Robert Talley reported that he started working on this property in August 2011. Robert and the Fire Marshall, Dale Mayberry inspected the building with the permission of Mr. Faber, There is a hole by the front glass that you can see into the basement, the building is deteriorating, has water damage, the awning frame is broke, top of building concrete cracking and chipping, rock hanging size of baseball, roof is, leaking, windows are missing, and building is not safe. Mr. Faber stated that his intent was to save the building, His first project is fixing the roof fie started repairing the roof around Christmas 2011 and would ask the Commission for a time frame of 6 months to finish repairs, Mr. Faber has no liability insurance, John Lestock, City Assistant Attorney, addressed the Commission and stated that the Commission is only allowed to give a 90 day extension on repairs or demolition unless a detailed plan .and schedule is presented by the property owner of the work. Robert Talley's reiterated that this property has been to the Building and Standards Commission twice in the last six months, lie suggests 90 days to repair awning, roof, loose rock, and windows. Motion was made by Lee Ann Bat -bee, seconded by Ryan Lassiter for the property to have safety issues addressed, remove or fix the awning, over hanging rock, and cap stone within 30 days. Motion carried unanimously. 6-0 2nd Motion was made by Lee Ann Barbee, and seconded by Johnny Norris to secure the roof and windows within 30 days. Motion carried unanimously. 6-0 Request was made by Holland Harper to move to item 2K, 266-270 Ind Street S.W.; Lot 3-A, City Block 177-A Motion was made by Ryan Lassiter, seconded by Wendell Moore to move item 21 : ahead in the agenda. Motion carried unanimously. 6-0 At the request of Mr. Wilson, a motion was made by Johnny Norris, seconded by Ryan Lassiter to recuse Don Wilson from this item. Motion carried unanimously. 5-0 Motion was made by Johnny Norris, seconded by Zack Saffle to replace Chairman Wilson with Ryan Lassiter for item 2K. Motion carried unanimously. 5-0 K. 266-270 1" Street S.W.; Lot 3,-A, City Block 177-A Owner: We Reit LLC TLLC; Holland Harper 1040 31" Paris, TX 75460 Holland Harper was in attendance. Mr. Talley stated that the roof had collapsed and that sorne of the outside wall was compromised. Mr. Harper stated that this property was purchased this surnmer and the roof was, bad. Plans have been started and copies of the plans were submitted to the Commission. Mr. Harper stated lie would like 45 days to finalize and submit plans to the Commission. Johnny Norris asked why the property is barricaded by the City, Robert Talley stated to inforin the public of an unsafe structure. There is no failing bricks or immediate danger, Robert Talley's recommendation is to allow 45 days to finalize and submit a completed plan to the Building and Standard Commission. Motion was made by Johnny Norris, seconded by Wendell Moore to give the property owner 45 days to finalize and submit a completed plan to the Commission. Motion carried unanimously. 5-0 Motion was made by Johnny Norris to bring Mr. Wilson back into the Commission and seconded by Zack Saffle. Motion carried unanimously. 5-0 Motion was made by Zack Saffle and seconded by Johnny Norris to remove Mr. Lassiter as Chairman and reinstate Mr. Wilson as Chairman. Motion carried unanimously. 5-0 E. 365 Bonham Street; Lot 1, City Block 120 Owner: Sybil Colson 819 I-arnar Ave. Paris, TX 7546O Sybil Colson was in attendance. Mr. Talley stated that the brick on the west wall of the structure was falling onto the sidewalk. Mrs. Colson objected to the pictures not given to her prior to time meeting. She insisted on a copy at that mornent. Robert Talley gave her his copies of the pictures. Mrs. Colson objected to the fact that this meeting was held on a Federal Holiday, that tape was put up around her building, that she was not i if lot ied immediately, and that these proceeding were not proper. She stated that her building doesn't fall into the dangerous building guidelines. She also stated that due to the "Hysteric" Commission she cannot do ordinary maintenance to the property. She stated that she will not deal with the "Hysteric" Commission. She ,quoted Section 7-47 of the City Ordinance and stated that the bricks were not falling at this present time, Robert Talley's concerned with the west wall of the property due to bricks coming loose and falling. Fie recommended repairing the bricks, Jeanna Scott of Community Development stated that no HPC was needed and no penlait to fix the brick as long as you were using tile original brick or brick that looked like the original. Mrs. Colson stated that the Commission was not following the procedures. John Lestock, Assistant City Attorney stated that this Commission is not a courtroom or a court of law. Mr. Lestock said that the procedures were followed and the meeting was posted 10 days prior and that Mrs. Colson signed for a certified letter about the meeting on 2/13/2012. Mrs. Co�lson stated that she has the night to object if she is planning to take this to the District Court level. Mrs. Colson said she would put the brick back on the building and asked for 90 days due to weather. Motion was made by Johnny Norris to give property owner 90 days to repair. Motion amended by Johnny Norris and seconded by Wendell Moore to give the property owner 60 days to repair the building, if the repair is not done to report back to the Commission. Motion carried unanimously. 6-0 Commission recessed at 5:35pm and reconvened at 5:40p�m. 1. 260 South Main Street; Lot 6, City Block 178-A Owner: Boomer Trends Magazine Inc.; Kenny Kammer 225 S. Collegiate Pans, TX 75460 Kenny Karnmer was in attendance, Mr. Talley stated that the roof had partially collapsed and that some of the windows were missing. fie also stated that the brick oil the parapet wall was loose. Don Wilson stated that on September 201, 2010 the BSC addressed this, property and Mr. Karnmer was given,90 days to subillit a plan for repairs for the hole in the roof and to secure the building. After the original meeting Robert Talley gave Mr. Kammer an additional one year from December 20, 2010 to get the repairs done, By the City Ordinances an extension of one year is not permitted. The additional one year agreement expired December, 20, 2011. Mr. Kammer gave the connnission a copy of the plan. for the property. Mr. Kammer explained that lie fail short on his plan to repair the building due to financial issues. The concerns of the building are that it could be unsafe due to the deterioration of the property. The roof has fallen in, some of the windows are missing, and there is water darriage. Mr, Kammer stated his plan was to patch it Lip and sell it. Mr. Karnmer does not have liability insurance. Mr. Wilson explained that it was the: property owners responsibility to prove that the structure is safe and if not it must be demolished. Mr. Kammer explained that the surrounding properties and the kids breaking into the building have contributed to the deterioration of the building, Robert Talley's stated the building is becoming less safe due to the roof falling and that the one year plan was not done, He recommends that the Commission needs to figure out the safety of the building. He would like to see Mr. Kammer have: an Engineer look at the building and determine the safety. Motion was made by Johnny Norris, seconded by Lee Ann Barbee to give the property owner 30 days to get a Structural Engineer's report to determine the safety and stability of the building and parapet. Motion carried unanimously. -0 310 Grand Ave.; Lot S Pt. of 5-A, City Block 120 Owner: Ben Faber Ben Faber was in attendance. Mr. Talley stated that awning was falling apart and needed to be reirioved, Mr. Faber, has a contractor coming February 21, 2012 to take the awning down if he can get permission to remove it. Motion was made by Johnny Norris, seconded by Lee Ann Barbee to accept Mr. Faber's request to remove the awning. Motion carried unanimously. 6-0 F. 107 Grand Ave.; Lot 2, City Block 5 Owner: Lavonne P'oteet Mr. Talley stated that the awning of the building was deteriorated and needed to be repaired or removed, Robert Talley stated that this property previously came to BSC and since then the property owner has passed away. He has talked to the daughter of Mrs. Poo tett and they are trying to sale or donate the property. Motion was made by Don Wilson, seconded by Ryan Lassiter to give the property owner 30 days to repair the awning, if the repairs are riot completed within the 30 days a civil penalty will be assessed to the property. Motion carried unanimously. 6-0 G. 134 SW I's; Lot 4, City Block 5 Owner: Truby Family Revocable Trust Mr. Talley stated that the awning was, deteriorated and that one of the window frames was hanging over the sidewalk, Robert Talley stated that lie has riot received the certified letter, signed or returned yet. He has talked to the renter of the building. Robert asked the renter to fix the awning and tuck it back into the frame and to remove the falling window frame, The renter did what was asked of hiim Robeil Talley's reconiniendation is to repair windows and back door, Alotion was made by Zack Saffle, seconded by Ryan Lassiter to give the properly owner 30 days to repair and secure all windows and the back door. Motion carried unanimously. 6-0 H. 231 Grand Avenue; Lot 1, City Block 23 Owner: Gary L Nash Robert Talley stated that Mr. Nash signed for his certified letter, and that lie has, already applied for a demolition pen -nit and an asbestos permit and that no action is needed, Motion was made by on Wilson, seconded by Ryan Lassiter that no action was needed due to the property owner already was taking care of the property. Motion carried unanimously. 6-0 3. Adjournment Johnny Norris asked the Commission if there is anything that the Commission needs to address as far as Mrs. Colson's statements that the Commission didn't follow procedures, Robert Talley stated that he was confident that all procedures were followed. John Lestock stated that the Paris News printed items 10 days prior to the meeting and the letters were post marked 10 days prior to the meeting. Motion was made by 3ohnny Norris, seconded by Zack Saffle to adjourn the meeting at 6:40pm. Motion carried unanimously. 6�-0 Next BSC Meeting scheduled f6r March 19, 2012 at 4:00pin. Don Wilson, Chairman Don Wilson called the Building and Standards Commission Meeting to order at 4:00 P.M. Roll was called. A. The following members were present: Ryan Lassiter Zack Saffle Johnny Norris Wendell Moore Don Wilson Vicki Ballard B. The following members were absent: lee Ann Barbee C. Staff present: Robert Talley Nicki Brown John Lestock 2. Public Hearing to consider presentations by City of Paris Code Inspectors and owner(s) and/or lien holder(s) of the below properties who have been given notice of a violation of Article III of Chapter 7 of the Code, of Ordinances, of the City of Paris, Paris, 'Texas, entitled "Substandard and Dangerous Buildings and Structures": Before the Building and Standards Commission discussing the property at 260 South Main, Mr. Wilson recused himself from the discussion and action. Motion was made by an Lassiter, seconded by Johnny Norris to recuse Don Wilson from discussion and action on 260 South Main St. Motion carried unanimously. 5® Ryan Lassiter, Vice President took over the meeting. A. 260 South Main; Lot 6, City Block 178-A Owner: Boomer Trends Magazine INC, 225 S. Collegiate Apt. 261 Paris, TX 75460 Present: Kenny Kammer, 225 South Collegiate Apt. 261 Paris, TX 75460 Mr. Kammer handed out paperwork to all committee members and Code Enforcement. lie explained that it's not his responsibility to repair the dunnage to his property due to the attached property allows vandals to enter and destroy his property. He entertained a discussion on the attached property owners and letters which have been sent to the two prior property owners (IJWH and Don 'Wilson) and current owner (We Reit). Mr., Kammer contacted Mr. Stephens of Stephens and Son which gave an estimate of $7000 to repair the building, Ryan Lassiter stated that the BSC can only make decisions on the property and its owner, If there is a dispute that Mr. Kan-urier will have to take steps with the City of Paris and attached property owners to work this out, Mr. Talley stated that no pen -nits have been pulled on this property, BSC ordered a structural engineer report to determine the safety of the structure and no report has been done yet. Discussion on the City hiring a structural engineer was vetoed by, John Destock (Assistant City Attorney), Mr. 1,estock stated that BSC doesn't have the authority to hire an engineer or to spend funds. Robert 'l-'al1ey*s recommendation: Since the order from the BSC to Mr. Kenny Karnmer to get a structural engineer report was not followed a $20 per day Civil penalty will be applied until a report is obtained on the building at 260 South Main by a Structural Engineer or until the City has the funds to hire a Structural Engineer to do the report, Motion was made by Johnny Norris, seconded by Wendell Moore to follow Robert Talley's recommendation for the property owner to produce a report by a Structural Engineer on the safety of the building, for everyday from today April. 9, 2012 a $10 per day civil penalty will be applied to the property. Motion carried unanimously. 5-0 A motion was made by Johnny Norris, seconded by Zack Saffle to allow on Wilson to return to the BSC meeting as President. Motion carried unanimously 5-0. B. 347 Bonham Street; Lot 3, City Block 120 Owner: Tommy Adarns 81 CR 34520 Sumner, TX 75486 Present: Tommy Adarns Robert Talley stated that a report of the structural integrity of the building at 347 Bonham Street was requested by the BSC. Mr. Adarns had a copy of the inspection done by Craig Durham Masonry. The report stated that lie needed to remove the loose brick, Mr. Adams said after talking to several people that if the walls fell that were designed to fall inward. At this time it doesn't seem that demolition is needed, The main concern is that the front wood be repaired and the roof All of the repairs will need to be taken to HPC before they are done. Robert Talley's recornmendation: To give Mr. Adarns an extension until the regular scheduled meeting in June to get information on repairing the front wood and roof Motion was made by Ryan Lassiter, seconded by Johnny Norris to follow Robert 'Valley's recommendation for the property owner to have an extension until the regular BSC meeting in June to get information on repairing, the front wood and roof. Motion carried unanimously. 6-0 C. 1.017 Grand Ave.; Lot 2, City Block 5 Owner: Lavonne Slough Poteet 100 W Wilson #111 Valliant, OK 74764-8004 Mr. Talley stated that no contact or action has been taken on this property to repair theawning, The BSC asked if the City is allowed to repair the awning and charge a lien on the property. They were directed by John Lestock (Assistant City Attorney) that the City can repair the property and place a liens on the property, Robert Talley's recommendation: to apply a civil penalty of $10 per day to the properly until the work is completed or until we hear from the property owner. Motion was made by Johnny Norris, seconded by Wendell Moore to follow Robert Talley's recommendation to apply a civil penalty of $10 per day to the property until the work is completed or until we hear from the property owner. Motion carried unanimously. 6-0 A second motion was made by Ryan Lassiter, seconded by Vicky Ballard to direct City staff to repair and secure the awning and to remove the barricades. Motion carried unanimously. 6-0 D. 134 1" Street S.W.; lot 4, City Block 5 Owner: Truby Family Revocable Trust, 7500 SW 63rd Ave. South Miami, FI, 33143-4657 Robert Talley stated that, he had talked to Mr. Fred Truby. That he and Mr. Truby have also talked to the Community Development permit department, There are not issues for concern for citizen's safety. Robert Talley's recommendation. To give Mr. 'I", ruby an extension until the regular scheduled meeting in June to get information on repairing the building, Motion was made by Zack Saffle, seconded by Vicky Ballard to follow Robert Talley's recommendation for the property owner to have an extension until the regular BSC meeting in June to get information on repairing the building but to have the City Staff to remove the broken glass from the windows asap. Motion carried unanimously. 6-0 E. 37 Clarksville; Lot 11, City Block 3 Owner: TNIRF LLC, 508 South Church Paris, TX 75460 Mr. Talley stated that a building permit has been received and that the awning is in the process of being repaired Robert Talley's recommendation: To give an extension until the regular scheduled ineeting in May to finish the repairs. Motion was made by Wendell Moore, seconded by Vicky Ballard to follow Robert Talley's recommendation for the property owner® to have an extension until the regular BSC meeting, in May to complete repairs.Motion carried unanimously. 6-0 3, Adjournment Motion was made by Johnny Norris, seconded by Ryan Lassiter to adjourn the meeting at 4:50P.M. Motion carried unanimously. 6-0 Next BSC Meeting scheduled for April 16, 2012 at 4:00pm, APPROVED THIS 16TH AY OF APRIL 16, 2012. Don Wilson, Chairman MINUTES OF THE SPECIAL MEETING OF THE BUILDING AND STANDARD'S COMMISSION THURSDAY, AUGUST 30i, 2012 4:00 P.M. Don Wilson called the Building and Standards Commission Meeting to order at 4:0,51 P.M�. A. The following members, were present: Zack Saffle Johnny Norris Wendell Moore Don Wilson Chris Brown B. The following members were absent: Ryan Lassiter Vicki Ballard C. Staff present: Robert Talley Audra Lane John Lestock Bob Hundley John Godwin — came in at 4:20 Kent Mcllyar -- carne in at 4:25 Cheri Bedford -... cmne in at 4:26 D. Council Members present: Sue Lancaster 2. Public Hearing to consider presentations by City of Paris Code Inspectors and owner(s) and/or lien holder(s) of the below properties who have been given notice of a violation of Article III of Chapter 7 of the Code of Ordinances of the City of Paris, Paris, Texas, entitled "Substandard and Dangerous Buildings and Structures": Robert Talley reported that Item B: 107 Grand Avenue; Lot 2, City Block 178 - and. Item C: 24 & 16 Clarksville Street; Lot 5, City Block 6 went before the Historical Preservation Commission and were taken off the agenda for the Building and Standards Commission., HPC is investigating different options to restore these properties. Before the Building, and Standards Commission discussing the property at 2641 South Main, Mr. Wilson recused himself from the discussion and action. Motion was made by Johnny Norris, seconded by Wendell Moore to recuse Don Wilson from discussion and action on 2611 South Main St. Motion carried unanimously. 4-0 Motion was made by Johnny Norris to appoint Wendell Moore as acting chairman, seconded by Zach Saffle. Motion carried unanimously. 3-0 Wendell Moore, Secretary took over the meeting. A. 260 South Main; Lot 6, City Block 178-A Owner: Boorner Trends Magazine INC. 225 S. Collegiate Apt, 261 Paris, TX 75460 Present: Kenny Karnmer, 225 South Collegiate Apt. 261 Paris, TX 75460 Robert Talley stated that this property has corne before the Commission several times,. An engineer's report from Dietz Engineers, LLC was presented as part of the BSC' packet. Mr. Talley read over several key elements of the report which stated that the building was in danger of collapsing toward the street on the south side and would be a danger to the public, Mr. Talley spoke with Michael Bugh of Dietz Engineers and he suggested closing off the south side of the building up to the street. Mr. Talley did this and stated that Mr. Kammer had already put up a fence up along the east side, which was another concern stated by Mr. Bugh. Mr. 'Talley stated that the property went before the Historical Preservation Commission and they believe that the building was a danger to the public. Mr. Talley recommended demolition to this property in 90 days. Mr. Karnmer handed out paperwork to all committee mernbers and Code Enforcement, and some inernbers of the audience listing all the work he has done to the building in the 22 years that he has owned it. He made note that he read about the report of his property in the Paris News and that he would have liked to have known about it before the: newspaper did. He also stated that he did not know the building went before f -IPC, if he had known he would have been at that meeting as well. Mr. Kammer began reading the list of the work he has done on the building, Mr. Kammer believes that the City of Paris, the Harper family/corporation(s) and the Wilson family/corporation(s) should pay for the cost of repairs to his building "out of restitution for years of neglect of duty", Wendell Moore stated that you can't make your neighbor replace your roof` and asked Mr. Kammer what his plans were for repairing the building as stated in the engineers report. Mr. Kammer said he was going to have the City of Paris, the Harper's and the Wilson's to restore it, Zach Saffle asked if that meant he was going to do nothing and Mr. Kammer stated that is correct. Robert Talley again recommended demolition of the property in 90 days due to the current state of the property, the engineers report and that Mr. Kammer has no plans to do anything. Motion was made by Johnny Norris, seconded by Chris Brown to follow Robert Talley's recommendation for the property owner to demolish the property in 90 days, if not the City has the right to demolish and apply a $1000 per day civil penalty to the property. Motion carried unanimously. 4-0 A motion was made by Zack Saffle, seconded by Johnny Norris, to allow Don Wilson to return to the BSC meeting as President. Motion carried 3. Future Agenda Items Don Wilson asked if there was a list for demolition properties for the September meeting, and Robert Talley stated that there was. 4. Update from Code Enforcement Don Wilson asked about the status of Main Tire, Robert Talley said that the Fire Marshall has taken over and lie is working with the owners. 5. Adjournment Motion was made by Johnny Norris, seconded by ;tach Saffle to adjourn the meeting at 4:50P.M. Motion carried unanimously. 5-01 Next BSC Meeting scheduled for September 17, 2012 at 4:00prn, Ryan Lassiter, Vice Chairman MINUTES SPECIAL -------------- MONDAY. AUGUS L27 ,2012 12:00 O'CLOCK P.M. The Historic Preservation Commission meeting was called to order by Paul Denney, Chairman at 4:00 p.m. A. The following members were present: Paul Denney Britin Bostick David Stewart Nancy Anderson Lauri Redus Ben Vaughan B. The following members were absent: Douglas Cox C. Also present Shawn Napier, Director of Engineering, Planning and Development; Jeanna Scott, Historic Preservation Officer•, Cheri Bedford, Main Street Manager and Robert Talley, Code Enforcement Supervisor. 2. Approval of minutes from previous meetings. (August 8, 2012) Britin Bostick stated there was a mistake in item one, Arvin Starrett's name appears there. Motion was made by Britin Bostick, seconded by Nancy Anderson to approve the meeting minutes for August 8, 2012 with corrections. Motion carried 6-0. 3. Consideration of and action on the following Certificate of Appropriateness: A. 347 Bonham Street — Tommy Adams — property owner presented the petition. Mr. Adams stated the store front on the building is not original to the structure. It was altered sometime in the 70's and at that time it had some glass in the front windows and a wood bay door. Mr. Adams asked if he could go back with that front and reinstall the bay door. Paul Denney stated if you can maintain what you have there and repair what you can that should be appropriate. Mr. Denney further stated it is more important that you repair the roof to keep the building from completely deteriorating. Mr. Adams stated at some point he does want to go back with the original store front. Jeanna Scott stated when you get ready to do that, Cheri Bedford the Main Street Manager can help you. The Main Street Architects with the Texas Historic Commission will come down and do a free fagade rendering of the store front. Motion was made to approve the COA with the following conditions: repair/repaint of the transom window covers; install a Therma core door in the existing personal door opening; and remove the temporary covering and reinstall the wood bay door. Motion carried 6-0. B. 1341st Street S. W. — Richard Hunt, contractor representing the property owner presented the petition. Mr. Hunt stated Mr. Fred Truby owns this building and has contacted him to help repair the front that faces Kaufman Street. Mr. Hunt stated he is proposing to replace and reconstruct the transom windows similar to what he did at the City Attorney's office. Mr. Truby would like to have an operable door in the front of the building. Mr. Hunt proposed a recessed door be installed at that location to protect the opening and help protect the door. Cheri Bedford. stated Mr. Truby has completed the application to Main Street Architects for a design rendering of the facade. Mr. Hunt stated that he proposes we wait for the Main Street Architects to do the rendering and then come back to the commission. No action taken. CONSENT AGENDA [Items appearing on this consent agenda may be approved by a single vote of the Commission, with such approval applicable to all items appearing on said agenda. If any Commission member desires to discuss and consider separately any item appearing on the consent agenda, that Commission member may do so by requesting that the item be removed from the consent agenda and considered as a separate item.I 4. Discussion of and possible action regarding the following structures considered by code inspectors to be in violation of Article III of Chapter 7 of the Code of Ordinances of the City of Paris, Paris, Texas, entitled "Substandard and Dangerous Buildings and Structures, " to determine whether such buildings or structures currently located within the city's historic district has special historic significance and should be protected from demolition and recommended for rehabilitation and repair being located at: A. 24 and 26 Clarksville Street — Robert Talley, Code Enforcement Supervisor, made the report to commissioners. Mr. Talley stated he is recommending repair of the structure. This structure is tied up in an heir ship and there has been issues getting the owners all on the same page. Commissioners discussed all options available by ordinance to preserve and protect this property. B. 107 Grand Avenue — Robert Talley stated he has recommended demolition of this structure. Mr. Talley further stated that he does believe there are elements of the building that could be saved, however, as a code enforcement officer his focus is on safety and this building could potentially be another 301 Bonham with a collapse of the structure into the street. He believes this is a dangerous structure and represents a potential hazard to the community. Cheri Bedford, Main Street Manager stated Lavonne Poteet the owner of the building passed away last year. Ms. Poteet's heirs Lenita Ray and Michael Poteet have both been in contact with the City wanting to donate the building to the City. Ms. Bedford stated she would like the City to take the building and possibly utilize the facility as a public restroom. However, because of the recent collapse of part of the roof, she has contacted the National Trust Foundation who has emergency funds available for a structural assessment for preservation of buildings in this situation. Ms. Bedford has filed a request with the Trust for the funds and has contacted Dietz Engineering to get an estimate for a structural assessment. Ms. Bedford further recommended pulling this building until the structural assessment can be done to see if the building can be saved. C X60 South Main Street --- Robert Talley asked if the commission received the engineering report regarding the structure. It is my opinion after seeing the engineering report that this structure is dangerous and he is recommending demolition of the structure. Commissioners agreed because of the substantial structural damage this building cannot be rehabilitated and represents a danger. Motion was made by Britin Bostick, seconded by Nancy Anderson to pull items A and and send item C to the Building and Standards Commission, since it cannot be rehabilitated. Motion carried 6-0. 5. Future agenda items. Agenda item to add the color "useful grey" to the approved color palette. Robert Talley would like to schedule a joint meeting of the BSC and HPC. Mr. Talley will bring back potential meeting dates to the commission. 6. Meeting adjournedt 4.49 p.m. Paul Denney, Chairman