Resolution sought for fenced-off building
by Denise Ellen Rizzo / Tracy Press
Apr 19, 2012 | 5241 views | 33 33 comments | 7 7 recommendations | email to a friend | print
Five months after it was first put up because of safety concerns, a fence remains around the building at Central Avenue and 10th Street. Glenn Moore/Tracy  Press
Five months after it was first put up because of safety concerns, a fence remains around the building at Central Avenue and 10th Street. Glenn Moore/Tracy Press
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Efforts are under way to resolve the matter of a structurally unsound downtown building that has sat vacant and fenced-off for months.

On Thursday, the owner of the building at the corner of Central Avenue and 10th Street, Denise Hembree, and her legal team are scheduled to meet with city officials. They are set to work out what would be required to get the building up to code so it can be reoccupied.

Earlier this week, Hembree’s attorney filed an appeal to overrule the city engineers’ finding that the building is unsafe to occupy.

The building was vacated in late October 2011 when members of the city code enforcement team closed the business housed there, Helm’s Ale House, citing structural problems.

Code enforcement officers said six trusses above a former Mexican market, which shared a roof with the restaurant, were in disrepair.

The building was deemed unsafe, and a chain link fence was erected around it, as head code enforcement official Ana Contreras feared it could collapse, especially the structure’s southern wall.

Hembree said she has tried to resolve the problem, but claimed city officials have been unreasonable.

“Code enforcement people are out of control and anxious to exert their authority,” Hembree said. “I’m going to repair it. I’ve been trying to work with the city. They haven’t been cooperative. They seem to want to tear it down.”

Hembree said she has met with engineers. She admitted that they did find cracked trusses, and said repairs would range between $150,000 and $300,000.

Hembree said the city is requiring her to undergo the most expensive process, though she can’t afford it.

According to Ana Contreras, the building owner’s engineer and the city engineer have a difference of opinion. Contreras said it is the city’s goal to get the building in compliance as soon as possible, especially before downtown events such as the wine stroll and Tracy Dry Bean Festival.

“With the wine stroll coming up, we would like to see that area safe,” Contreras said. “We would like the engineers to come together to come to a mutual decision as to how dangerous that (southern) wall is. Our goal is to make that building safe again.”

Downtown merchants located near the building in question said they’re tired of the eyesore.

“Fix it,” said one business owner, who asked not to be identified. “That’s what people see. What kind of impression is that? Having an empty building is not a good thing.”

Hair Illusions owner, Joe Cisneroz said, “Its sad Helm’s isn’t there. It hurts the downtown image. Why isn’t the (Tracy City Center Association) doing something about this big eyesore out here?”

TCCA Manager Jan Couturier said there isn’t much the alliance of downtown merchants and property owners can do to resolve the matter.

“Yes, it’s important,” Couturier said. “It’s an important corner. Nobody wants that corner the way it is. Nobody is happy about it, but it has to run its course. It’s certainly on our list of things to keep an eye on.”

Hembree said she has asked the city to allow her to remove the fence after she initiated some repairs to the building, but she said city officials told her their requirements have not been met.

“My goal is to always repair the building,” Hembree said. “A local man and his family want to put a restaurant there. I may lose them if I don’t get the building done on time. Once construction starts, it should be about six weeks.”

Comments
(33)
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Leo71
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April 22, 2012
Definitely an eyesore, Ive drive past that area there several times a month. I notice people who walk thru there and appears to be very dangerous from either side of the chain link fence and more likely get run over. I seen some close calls there and it should be the city's concern to prioritize of getting some action done to get it repair or whatever needs takes place because if someone gets killed in that area it's going to cost them more money than the building of concern. Your tax dollars at work?
tracyresdnt
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April 22, 2012
This fenced up crap of a building is a huge embarrassment for all of us in Tracy. Is anyone home at City Hall? Someone please drop off some clown noses and big red shoes for the Council members to wear so there's no mistaking who we have 'revitalizing' downtown. Get it fixed already. Hembree, ...never mind, I'm not going to say what I'm thinking. I'm sure you can guess.
barefoot99
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April 20, 2012
Maybe the City should have used some of the wasted money on the roundabout on the re vitalzation of some of the occuiped store fronts, if their so worried about the visual aspect
dcose
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April 20, 2012
barefoot99

"Maybe the City should have used some of the wasted money on the roundabout on the re vitalzation of some of the occuiped store fronts, if their so worried about the visual aspect"

signed, disengauged during english class.

“Fix it,” said one business owner, who asked not to be identified. “That’s what people see. What kind of impression is that? Having an empty building is not a good thing.”

Hair Illusions owner, Joe Cisneroz said, “Its sad Helm’s isn’t there. It hurts the downtown image. Why isn’t the (Tracy City Center Association) doing something about this big eyesore out here?”

Per the article, the City's overriding concern is SAFETY.

The above quotes were from business owners viewing the problem from a completely different perspective.

ChrisRoberts
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April 19, 2012
Perhaps we can get $erpa and $ouza to fix the building in exchange for an aquatics center near the smokestacks by lamers and mt house pkwy.
tomwilltoo
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April 19, 2012
Funny.
tomwilltoo
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April 19, 2012
There is only one course of action for this scenario and it requires the City of Tracy to purchase this land, level it, put in a parking lot and a book-end round-a-bout (on the corner of 10th and Central) to compliment the newly erected 6th and Central round-a-bout.

Ms. Hembree (without assistance from her insurance company, City or Bank Loan) will not be able to restore this original site, for that building is far to old.

I know many of you miss Helm's, but that is not an option in Ms. Hembree's mind. I mean, if you were the owner of a property, and received as much guff as she did over this business venture, than would you want the same tenant in that building?

Back to my original thought...

Walking traffic will revitalize downtown and the city center, will finally be the CENTER of THE CITY. Isn't that what Tracy needs? Now is an opportune time to accomplish that goal. And, since our 23rd hour meeting to bring the Amazon Warehouse to Tracy was a flop, there should be funds available to make this happen...

Small town charm, big city dreams.

Think Inside the Triangle, fellow Tracyites.
dcose
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April 19, 2012
"...it requires the City of Tracy to purchase this land, level it, put in a parking lot..."

A poor use of the site.

"...for that building is far to old."

Old buildings require more maintenance. The older the building, the more issues.

"since our 23rd hour meeting to bring the Amazon Warehouse to Tracy was a flop, there should be funds available to make this happen..."

Your source for that information would be?

tomwilltoo
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April 19, 2012
http://tracypress.com/view/full_story/17383988/article-YOUR-VOICE--City-lets-big-project-slip?

Here you go Don... I see they took down the fence on 6th Street... Looks Good.
dcose
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April 19, 2012
dcose = Dale Cose

A letter to the editor is your source ? You're aware that some letter writers have less integrity than some of the lowest standards set by journalists are you not ?

We think it looks good too.
tomwilltoo
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April 19, 2012
My apologies Dale...

I blame "Siri." She's the landlord in my life.

And, most of the time, editorials are the most truthful parts of the news.

It's been a pleasure Dale. Give my regards to Karin.
dcose
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April 20, 2012
"Give my regards to Karin."

I would but that ship sailed... one chose to remain. Still, a very nice lady.
newtotracy
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April 19, 2012
stop the presses! dcose...you and I agree! :-)

all kidding aside, there are so many factors at play here...

1) the damage that closed the building was NOT on the side Helm's Ale House was on...that was well documented in the original article.

2) this is a MAJOR corner in our downtown...and a building that will house customers who have no clue (they trust the landlords to keep said buildings in good condition) that the building is in bad shape. If the city does NOT require the RIGHT fix (which may be the higher priced one...it happens!)...then the city AND the owner are liable. Why cheap out on this? If it's quoted between $150-300,000 to fix...well that's already a lot of money at $150,000!! Is it vital so save...well yes, but I'm betting that the $150,000 isn't exactly in Ms. Hembree's budget...because that's a boatload of cash!

Do it right...don't do it halfway so that Tracy makes the news for yet another tragedy.

3) does anyone else find it odd that almost immediately Ms. Hembree was talking about a tenant who wanted to move in? How many empty buildings do we have in this town...some even downtown...yet SHE can turn around an immediately have a tenant.
newtotracy
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April 19, 2012
I'm not a conspiracy theorist, but this seems awfully strange to me. I would think that any landlord in this town would love to have that "issue!"

I miss Helm's...good food, good people...and the thing is, I hate seeing people hanging out smoking as much as the next person...but Dave Helm is NOT the only person downtown smoking a cigarette!!! Smoking is not legal inside an establishment, so they are abiding by the law in not doing so. Yes...it's not "pretty"...but Dave's a big boy and can make up his own mind about what habit's he partakes in. We need to grow up and allow people that right. After all, we can look at history books to see what doing something like criminalizing smoking would do (see: Prohibition).

Let's get this eyesore fixed...let's get Helm's back in business...and let's make downtown a place to be!! It's taken great strides in the 3.5 years I've lived here...the whole town has! I love it! :-)
dcose
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April 19, 2012
"...it is Helms responsibility as the lease owner to do his own inspections of his the building he is getting into a contract with."

The writer's ignorance with regard to responsibility staggers the mind.
beepbeepcomingthrough
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April 19, 2012
well this article is troubling on many issues. This is a huge eye sore for our town and the down town businesses. It's also sad that our city leaders such as Mrs. Contreras don't even know the sequence of events and the dates of them down town. For one...there is no spring wine stroll. There is only a fall wine stroll which is at the end of september and the bean festival is the beginning of september. Also the first events downtown will be the farmers market but the foot traffic doesn't walk in front of the buiding in question. but it still makes for a huge eye sore during the days of the market. The spring wine stroll is being replaced by a down town car show on July 21st....hopefully Mrs Contreras got the memo on this. Also, it is Helms responsibility as the lease owner to do his own inspections of his the building he is getting into a contract with. I am wondering if he helms owner misses being the towns best vollunteer downtown security guard as he would smoke ciggs on the corner of central and tenth. if you ask me....he was a bigger eye sore standing outside than the building with the fence sitting around it right now!
behonestguys
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April 19, 2012
Now, now Denise, er I mean beepbeep, don't blame Helms for the trusses failing. My understanding is that Ms. Hembree, through her acts and omissions, allegedly contributed to the trusses failing in the building, which as the article points out, occurred on the side of the building over which Helms had no access to.
newtotracy
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April 19, 2012
oh yea...a man or two standing outside for a bit is WAY more ugly to look at than a chainlink fence around what was a VERY viable business...that's now closed! Uh huh...few minutes for a cigarette vs 24/7 ugly chainlink.

as for Ms. Contreras not knowing the sequence of events downtown? She's CODE ENFORCEMENT!!! Do you think that EVERY city official should know EVERY detail of EVERY thing going on? Personally...I prefer that they know about what they NEED to be doing. If Ms. Contreras needs to be up on codes...THAT'S what I want her knowing...not when the Wine Stroll is!

sheesh
tommybahama
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April 19, 2012
Here's an idea; How about reopening Helm's Ale House on that corner?
CarpenterNewton
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April 19, 2012
What about Helm's? Where do they stand in all this? It's a shame what happened to them.
behonestguys
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April 19, 2012
It is my understanding that Mr. Helm's has sued Ms. Hembree in San Joaquin County Superior Court for putting him out of business. The lawsuit is a public record that cane be viewed and copied by anyone.
DTB1445
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April 23, 2012
Helm vs. Hembree:

Case Number:

39-2012-00277757-CU-BC-STK


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