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19 ResolutionCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Ptesented By: Agenda Item No.: 10/31/2008 Community Lisa A. Wright, Director of Council Date: Development Community Development 19. 11/10/2008 RECOMMENDED MOTION: Public hearing and move to approve a resolution authorizing the filing of a grant application with the U.S. Environmental Protection Agency for a Brownfields Cleanup Grant in the amount of $200,000.00, with a required cash match of $40,000.00, for the purpose of mitigating environmental hazards at the Grand Theater and pledging to accept the donation from Lamar County, Paris Junior College, and Paris Independent School District of all their undivided interests in and to the Grand Theater in the event the City is awarded such grant. POLICY ISSUE(S): Required by grant program. BACKGROUND: On March 21, 2001, by virtue of a tax foreclosure, Lamar County became the Trustee on behalf of all the taxing entities of The Grand Theater. At the time the property was foreclosed upon, it was already in a deteriorated state, and, over the past five (5) years, it has become even more deteriorated to the point of near dilapidation. The City recently made repairs to the roof of the property and closed all openings in the building which were contributing to the deterioration; unfortunately, the building was already heavily contaminated with bird carcasses and feces. Additionally, there are high levels of mold, asbestos, and lead paint in the building from prior renovations. On November 13, 2006, the City Council authorized the filing of a grant application with the U.S. Environmental Protection Agency for a Brownfields Cleanup Grant in the amount of $200,000.00, with a required cash match of $40,000.00. Unfortunately, the City was not awarded funding during the last cycle; therefore, the Director of Community Development has prepared a new application for the current cycle and seeks a confirmation of Council's approval for the filing of said grant and the pledging of the related cash match. In order to save this historic structure and preserve it for future generations, it is necessary that these environmental hazards be removed. The cost of removing the hazards has been a roadblock to any potential development over the years; therefore, it is necessary that the City take on this project to ensure its success. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution; letter to the E.P.A.; and brochure ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $240,000.00 ❑ Department Report ~ Resolution Budgeted Amt. $40,000.00 ❑ Presentation ❑ Ordinance y'TD Actual $ Z Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: City of Paris Revised 2/04/08 ~ 00029Z _ , . T., . . T_... T.. REVIEWED AND APPROVED BY: ~ Administration E City Clerk E Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 - ODU293 DRAFT attorneyUeswork\current\Brownfield 2008 App Res 2008 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A GRANT APPLICATION WITH THE U. S. ENVIRONMENTAL PROTECTION AGENCY FOR A BROWNFIELDS CLEANUP GRANT FOR THE PURPOSE OF MITIGATING ENVIRONMENTAL HAZARDS AT THE GRAND THEATER; AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF PARIS ANY AND ALL DOCUMENTS ASSOCIATED WITA THE APPLICATION FOR SAID GRANT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on March 21, 2001, by virtue of a tax foreclosure, Lamar County became the Trustee on behalf of all the taxing entities of that certain property known as The Grand Theater; and, WHEREAS, at the time the property was foreclosed upon, it was already in a deteriorated state, and, over the past seven (7) years, it has become even mare deteriorated almost to the point of dilapidation; and, WHEREAS, until recent repairs were completed by the City to fully secure the building, there had been various openings which have allowed birds to enter and roost, and the building is now contaminated with bird carcasses and feces, both of which are hazardous to humans; and, WHEREAS, additionally, there are ubiquitous amounts of lead, asbestos, and mold in the building, and in the soil behind the theater, naturally-occurring levels of inetals were detected; and, WHEREAS, the Grand Theater was named to the list of the Texas's Fourteen Most Endangered Places in 2007 by the Texas Historical Commission, and there is considerable local support for taking necessary steps to save this building and mitigating the environmental hazards found throughout, with the ultimate goal being to restore this historic structure and operate it as a museum, playhouse, theater, concert hall, and community meeting location through the use of local funds and grants targeted specifically for theater restorations; and, WHEREAS, according to the requirements of the Environmental Protection Agency, in order for the City of Paris to be eligible to file such grant application, it must be the sole owner of the property by June 30, 2009; and, WHEREAS, in order to save this most historic structure and provide the City with the opportunity to obtain a Brownfields Cleanup Grant to mitigate the environmental hazards found inside the building, it is deemed appropriate that the City of Paris accept the donation from Lamar County, Paris Junior College, and Paris Independent School District of their undivided interests in ~ 00O ~ ~ ~ .t t. _T.. . . . and to The Grand Theater; and, WHEREAS, the City Council of the City of Paris is desirous of processing a grant application with the U.S. Environmental Protection Agency for a Brownfields Cleanup Grant in the amount of $200,000.00, with the City of Paris providing $40,000.00 in matching funds and in-kind services; and, WHEREAS, the City Council desires to make application and authorize the Mayor, City Manager, and appropriate City staff to accept and implement said grant (if same is received) without further action of City Council. NOW, THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the City of Paris is authorized to request grant funding from the U. S. Environmental Protection Agency for a Brownfields Cleanup Grant for the purpose of mitigating environmental hazards found inside The Grand Theater in the amount of $200,000.00, with the City of Paris providing $40,000.00 in matching funds and in-kind services. Section 3. That the City Manager be, and he is hereby, appointed as the Authorized Official of said project and as such is authorized and directed to execute, on behalf of the City of Paris, any and all documents associated with the application for said grant. Section 4. That the Director of Community Development be, and she is hereby, appointed as Project Director and is hereby authorized to execute and deliver, on behalf of the City of Paris, all reports, communications, assurances, and documents necessary to process the grant application. Section 5. That the Director of Finance be, and he is hereby, authorized and directed to serve as the Financial Officer for said project and to receive and distribute funds for purposes of the Brownfields Cleanup Grant. Section 6. That, in the event the City is awarded said grant in an amount sufficient to remediate all environmental hazards, it pledges to accept the donation from Lamar County, Paris Junior College, and Paris Independent School District of all their undivided interests in and to The Grand Theater. Section 7. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this l Oth day of November, 2009. . pU029~) _ - . - . T. - r _ T---,-- --r Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney - 000296 A~. I M ~ ~aa x.~tY ~ ~ I~~y~ )~.i tPe, ~ y I.~~ ~ 7-0 , ~ November 14, 2008 Environmental Protection Agency Monica Smith 1445 Ross Avenue, Suite 1200 (6SF-PD) Dallas, TX 75202-2733 RE: Brownfields Assessment/Cleanup Grant Application The Grand Theater Restoration Project City of Paris, Texas SAI-EIS# Q Dear Ms. Smith: The City of Paris, Texas, is submitting the above-referenced application and hereby provides this as its official cover letter. General Information 1. Applicant Identification City of Paris, Texas 135 lst Street S.E. P. O. Box 9037 Paris, TX 75461-9037 2. Funding Requested Funding Requested: Cleanup Grant Amount: $200,000.00 Contamination: Hazardous Substances 3. Location Paris, Texas Jesse James Freelen, Mayor P. O. Box 9037 Paris, TX 75461 (903) 784-9201 (903) 785-8519 fax P. O. BOX 9037 . PARIS, TEXAS 75461-9037 .(903) 784-9234 . FAX (903) 784-1798 ~ UU029 i T. . _ T T.__ .-7 4. Contacts Chief Executive Officer: Kevin Carruth, City Manager P. O. Box 9037 Paris, TX 75461 (903) 784-9201 (903) 785-8519 fax kcarruth@paristexas.gov Date Submitted November 14, 2008 6. Project Period May 1, 2009 to Apri130, 2013 7. Population 25,898 (2000 Census) Summary of Project Project Director: Lisa A. Wright, Community Dev. Director P. O. Box 9037 Paris, TX 75461 (903) 784-9203 (903) 784-1798 fax lwright@paristexas.gov The City of Paris proposes to mitigate environmental hazards at The Grand Theater. Located in historic downtown Paris, constructed circa 1917, and designed by architect Jake Elder, who also designed the Interstate Theater chain, The Grand was the largest theater in Paris for over fifty years and its fly-loft was the tallest west of the Mississippi for many years. In 1996, a new movie theater was constructed on our city loop, and the already deteriorating Grand closed. The property owners later abandoned the building, and, in 2001, the property was struck off to the taxing entities. As a result of openings in rooftop structures, there is water damage to the second floor ceiling, the floor just beneath that, and the first floor ceiling beneath that, resulting in a proliferation of mold throughout the building. In the fly-loft, there is a severe pigeon infestation which has resulted in the building being contaminated with bird feces and carcasses. There is also peeling lead-based paint throughout the building in extremely high levels along with asbestos ceiling tiles. The City requires entrants to the building to wear respirators in order to avoid inhaling particulate matter that can easily be seen floating through the air. The Grand Theater was named to the list of the Texas's Fourteen Most Endangered Places in 2007 by the Texas Historical Commission. There is considerable local support for taking necessary steps to save this building, and mitigating the environmental hazards found throughout. The ultimate goal is to restore this historic structure and operate it as a playhouse, theater, concert hall, and community meeting location through the use of local funds and grants targeted specifically for theater restorations. A Phase II survey of the property revealed the existence in the interior of the building of ubiquitous amounts of lead, asbestos, and mold. In the soil behind the theater, naturally-occurring levels of inetals were detected. . 000Zy1) ~ ..T, . . . . ,r___ Your favorable consideration of this application will be greatly appreciated. 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