Loading...
HomeMy WebLinkAbout08478ORDINANCE NO. 8478 AN ORDINANCE RATIFYING A MEMORANDUM OF AGREEMENT BETWEEN THE FEDERAL HIGHWAY ADMINISTRATION AND THE COLORADO STATE HISTORIC PRESERVATION OFFICER RELATING TO THE TH WEST 11 STREET BRIDGE REPLACEMENT (PROJECT NO. M086-055) AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A Memorandum of Agreement, a copy of which is attached hereto, after having been approved as to form by the City Attorney, by and between the Federal Highway Administration and the Colorado State Historic Preservation Officer is hereby ratified. SECTION 2. The President of the City Council is hereby authorized to ratify the said Memorandum of Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. SECTION 3. th Funds for the Plaque will come out of Project No. CP1004 – W 11 Street Bridge Replacement. INTRODUCED: April 23, 2012 BY: Leroy Garcia COUNCIL PERSON PASSED AND APPROVED: May 14, 2012 Background Paper for Proposed ORDINANCE AGENDA ITEM # R-1 DATE: APRIL 23, 2012 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE AN ORDINANCE RATIFYING A MEMORANDUM OF AGREEMENT BETWEEN THE FEDERAL HIGHWAY ADMINISTRATION AND THE COLORADO STATE HISTORIC TH PRESERVATION OFFICER RELATING TO THE WEST 11 STREET BRIDGE REPLACEMENT (PROJECT NO. M086-055) AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council ratify a Memorandum of Agreement with the Federal Highway th Administration and the Colorado State Preservation Officer related to the West 11 Street Bridge Replacement? RECOMMENDATION Approval of this Ordinance. BACKGROUND The City, through its engineering consultant, is in the process of designing and receiving th approvals and clearances for the construction of the West 11 Street Bridge that crosses Wild Horse Creek and the Wild Horse Creek Flood Levee (“Levee”). During the National Environmental Policy Act approval process the Colorado State Preservation Officer determined that the Levee had historical significance. The City is therefore required to acknowledge said significance and agree to certain mitigation measures as detailed in the Agreement. FINANCIAL IMPACT The cost for the historic documentation of the Levee and for the required plaque are as yet undetermined; however, all funds for the mitigation measures will come from previously approved funding for the bridge project. Funds for the plaque will come from th CP1004 – W 11 Street Bridge Replacement. MEMORANDUM OF AGREEMENT BETWEEN the FEDERAL HIGHWAY ADMINISTRATION AND THE COLORADO STATE HISTORIC PRESERVATION OFFICER REGARDING THE WEST 11 STREET BRIDGE REPLACEMENT, COLORADO DEPARTMENT OF TRANSPORTATION PROJECT M086 -055 PUEBLO, COLORADO WHEREAS, the Federal Highway Administration (FHWA) has determined that Project M086 -055 will have an adverse effect on the Pueblo Conservancy District's Wild Horse Creek Levee (5PE7482), in Pueblo, Colorado which is eligible to the National Register of Historic Places, and has consulted with the Colorado State Historic Preservation Officer (SHPO) and the City of Pueblo Historic Preservation Commission pursuant to 36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act (16 U.S.C. Section 4700; and WHEREAS, CDOT carries out activities for federal aid transportation projects on behalf of FHWA, including consultation under Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's (Council) regulations, National Environmental Policy Act (NEPA) analysis, and construction contract administration; and WHEREAS, in accordance with 36 CFR Section 800.6(c) (1), signatories have the sole authority to execute, amend, or terminate the agreement, and SHPO and FHWA are signatories to this agreement; and WHEREAS, in accordance with 36 CFR Section 800.6(c)(2), invited signatories have the same rights with regard to seeking amendment or termination of the agreement, and can be invited to sign if they assume a responsibility for the mitigation. Because the City of Pueblo has agreed to fund part of the mitigation, it has been invited to sign this agreement as an invited signatory; and WHEREAS, FHWA has consulted with CDOT regarding the effects of the undertaking on historic properties and has invited them to sign this Memorandum of Agreement (MOA) as an invited signatory; and WHEREAS, in accordance with 36 CFR Section 800.6(a)(1), FHWA has notified the Advisory Council on Historic Preservation (Council) of its adverse effect determination with specified documentation and the Council has chosen not to participate in the consultation pursuant to 36 CFR Section 800.6(a)(1)(iii); WHEREAS, the historic property that will be affected by the Memorandum of Agreement is: 1 Pueblo Conservancy District's Wild Horse Creek Flood Levee (5PE7482): The levee is significant under National Register Criterion A for its association with the Pueblo Conservancy District's efforts to replace bridges and other structures after the disastrous Arkansas River Flood of 1921. The levee is also significant under Criterion C for engineering. NOW, THEREFORE, FHWA and the Colorado SHPO agree that the undertaking shall be implemented in accordance with the following stipulations in order to take into account the effect of the undertaking on historic properties. STIPULATIONS The FHWA shall ensure that the following measures are carried out: L MITIGATION A) ARCHIVAL DOCUMENTATION CDOT shall ensure that the Pueblo Conservancy District's Wild Horse Creek Flood Levee (5PE7482) will be documented prior to construction so that there will be a permanent record of its present appearance and history. Recordation shall consist of Level II documentation as determined in consultation with the SHPO, and established in OAHP Form #1595, Historical Resource Documentation: Standards for Level I, II, III Documentation. All documentation must be accepted by the SHPO prior to the start of construction. Copies of the documentation will be provided to the SHPO and to a local archive designated by the SHPO. 1) CDOT shall ensure that all documentation activities will be performed or directly supervised by, architects, historians, photographers, and/or other professionals meeting the qualification standards for their field in the Secretary of Interior's Professional Qualifications Standards (36 CFR 61, Appendix A). 2) CDOT shall provide originals of the documentation to the SHPO and to a local library or archive. B) INTERPRETIVE MITIGATION 1) CDOT shall work with the City of Pueblo to develop an interpretive panel regarding the 1921 Arkansas River Flood, the efforts to rebuild after the flood, and the Pueblo Conservancy District's Wild Horse Creek Flood Levee. The final location of the panel has not yet been determined, but may be installed near the levee location or in Wild Horse Creek Park, which is adjacent to the levee. The design, format, content, and location of the sign will be determined in consultation with the City of Pueblo and the SHPO. 2 2) The City of Pueblo will be responsible for funding the development of the sign content, fabrication, and installation. The City of Pueblo will also be responsible for future maintenance of the sign. III. DURATION This agreement shall become effective when it is filed with the Council and shall remain in effect until the completion of the mitigation stipulations that fall under the terms of this Agreement within a five -year period. This time frame can be expanded if agreed to in writing by the signatories prior to the expiration date. Prior to such time, FHWA may consult with the other signatories to reconsider the terms of the agreement and amend it in accordance with Stipulation VI below. IV. MONITORING AND REPORTING Reporting for this agreement shall be included in the Section 106 Annual Tracking Report as provided in Section XIII (B) of the May 2010 Programmatic Agreement Among the Federal Highway Administration, the Advisory Council on Historic Preservation, the Colorado State Historic Preservation Officer, and the Colorado Department of Transportation Regarding Compliance with Section 106 of the National Historic Preservation Act as it Pertains to the Administration of the Federal Aid Highway Program in Colorado. V. DISPUTE RESOLUTION Should any party to this agreement object at any time to any actions proposed or the manner in which the terms of this MOA are implemented, FHWA shall consult with the objecting party(ies) to resolve the objection. If FHWA determines, within 30 days, that such objection(s) cannot be resolved, FHWA will: A. Forward all documentation relevant to the dispute to the Council in accordance with 36 CFR Section 800.2(b)(2). Upon receipt of adequate documentation, the Council shall review and advise FHWA on the resolution of the objection within 30 days. Any comment provided by the Council, and all comments from the parties to the MOA, will be taken into account by FHWA in reaching a final decision regarding the dispute. B. If the Council does not provide comments regarding the dispute within 30 days after receipt of adequate documentation, FHWA may render a decision regarding the dispute. In reaching its decision, FHWA will take into account all comments regarding the dispute from the parties to the MOA. C. FHWA's responsibility to carry out all other actions subject to the terms of this MOA that are not the subject of the dispute remain unchanged. FHWA will notify all parties of its decision in writing before implementing that portion of the 3 Undertaking subject to dispute under this stipulation. FHWA's decision will be final. VI. AMENDMENTS AND NON - COMPLIANCE If any signatory to this MOA, including any invited signatory, determines that its terms will not or cannot be carried out or that an amendment to its terms must be made, that party shall immediately consult with the other parties to develop an amendment to this MOA pursuant to 36 CFR Section 800.6(c)(7) and 800.6(c)(8). The amendment will be effective on the date a copy signed by all of the original signatories is filed with the Council. If the signatories cannot agree to appropriate terms to amend the MOA, any signatory may terminate the agreement in accordance with Stipulation VII, below. VII. TERMINATION If an MOA is not amended following the consultation set out in Stipulation VI above, it may be terminated by any signatory or invited signatory. Within 30 days following termination, the FHWA shall notify the signatories if it will initiate consultation to execute an MOA with the signatories under 36 CFR Section 800.6(c)(1) or request the comments of the Council under 36 CFR Section 800.7(a) and proceed accordingly. VIII. COORDINATION WITH THE NATIONAL ENVIRONMENTAL POLICY ACT (NEPA): FHWA shall use this agreement as part of its responsibility to meet the requirements of NEPA. 4 Execution of this Memorandum of Agreement by FHWA and the Colorado SHPO, the submission of documentation and filing of this Memorandum of Agreement with the Council pursuant to 36 CFR Section 800.6(b)(1)(iv) prior to FHWA's approval of this undertaking, and implementation of its terms evidence that FHWA has taken into account the effects of this undertaking on historic properties and afforded the Council an opportunity to comment. SIGNATORIES: Federal i ighway Administration _ fat �, /t�■IL Datee / / q o / John !+ . Cater, Divisgan Administrator Col ado State Historic Preservation Officer ■ -- — ') Date 6A/2--- Etward Nichols, State Historic Preservation Officer INVITED SIGNATORIES: Colorado De artment of Transportation Date riii Ray O' a-- Don Hunt, Executive Director jlty,�li•.� L. � . A ri /� Date - Chris Ka an, P . • sident of the City Council ATTEST: City erk 5 COLORADO DEPARTMENT OF TRANSPORTATION Section 4(0 Evaluation and Approval for Transportation Projects that have a Net Benefit to a Section 4(0 Property CDOT Project M086 -055 West 11` Street Bridge Replacement Pueblo, Colorado July 2012 This evaluation establishes the basis for a programmatic Section 4(0 approval that there is no feasible and prudent alternative to the use of the historic Pueblo Conservancy District Wild Horse Creek Flood Levee in Pueblo, Colorado and that the project includes all possible planning to minimize harm resulting from such use. This approval is made pursuant to 23 CFR 774.3 (d). Purpose and Need Purpose The purpose of this project is to correct existing roadway and bridge deficiencies and increase safety for motorists, pedestrians, and bicyclists along West 11 Street. Need The project involves building a new bridge to replace the existing West 11 Street Bridge. The existing West 11 to Street Bridge was built in 1925 and is a seven -span cast - in -place concrete tee -beam bridge that is 19' -6" wide (curb to curb) and 21' -6" wide (out - to -out). This 285 -foot bridge spans Wild Horse Creek, Wild Horse Creek Trail, and an entrance to the Board of Water Works' Whitlock Water Treatment Plant. The existing bridge does not meet current vertical clearance standards and is structurally and geometrically deficient. It has substandard railings and barriers, a substandard alignment due to poor sight distance, and substandard lane width. The structural sufficiency rating for the existing bridge is 13.4 and it is at the end of its service life. In addition, the existing bridge cannot adequately accommodate motorists, cyclists, and pedestrians. A series of curves on the road also contribute to safety issues. The road and new bridge will be realigned to be on tangent, eliminating any curves between Adee Avenue and Cheyenne Avenue. See Attachment A, a project Location aerial map. The existing bridge will remain in place, but will be closed to traffic. Area of Potential Effect (APE): The Area of Potential Effects (APE) identified in the Section 106 field survey includes the levee, the West 1 1 Street right -of -way from Adee Avenue to Cheyenne Avenue and adjacent land to the north and south of West 11 Street. Several residential properties are within the APE. See Attachment B, a map of the APE. 1 Section 4(1) Property Pueblo Conservancy District's Wild Horse Creek Flood Levee (5PE7482): The resource is a flood levee that extends out from both edges of a bridge crossing located at Wild Horse Creek and Cheyenne Avenue. The levee extends on both sides of the bridge to the east and west and then extends north. The overall length of the Levee is about 2000 feet in length. The levee has the physical appearance of an earthen berm. The levee was built in 1926 by the Pueblo Conservancy District as part of their overall effort to build and manage flood control works along the Arkansas River after the devastating 1921 Arkansas River flood. Through the Section 106 process of the National Historic Preservation Act (NHPA), the levee was identified as eligible for listing on the National Register of Historic Places. The levee is significant under National Register Criterion A for its association with the Pueblo Conservancy District's efforts to replace bridges and other structures after the Arkansas River Flood of 1921. It is also significant under Criterion C for engineering. APPLICABILITY 1. The proposed transportation project uses a Section 4(f) park, recreation area, wildlife or waterfowl refuge, or historic site. The new West 1 lth Street roadway profile will extend over the top of the levee, directly impacting a section that is approximately 10 -15 feet wide and 45 feet long on the top portion of the feature. On the west side of the levee, the east bridge abutment will be located 55 feet from the west toe of the levee. Fill armored with rip -rap will be placed between the east abutment and the top of the levee. On the east side of the levee, roadway fill will be placed in order to bring the roadway profile to existing grade before the intersection at Cheyenne Avenue. Overall, the roadway fill will be placed against and tie into an area of the levee berm in the project that is about 240 feet long and 100 feet wide, as shown in Attachment C, which consists of two sheets labeled "Drainage, Grading, and Utility Plans," and two additional sheets labeled "Levee Impact" in the attached plan set. The top of the levee and the extent of the levee berm have been outlined in blue on these sheets. The fill will not cover this area of the levee berm but there will be some overlap between the roadway fill and the berm area. The overall levee will remain intact, but the segment in the project will be crossed by the new roadway alignment and there will be an interface with associated roadway fill. A small portion of the top of the levee at the roadway section will be modified to support West 1 1 th Street. Impacts anticipated include removing approximately soil at the crest of the levee in order to prepare the roadway section (the ca. 10 ft X 45 ft area referenced above), and the interface of roadway fill on a broader section of the levee, also noted earlier. 2 2. The proposed project includes all appropriate measures to minimize harm and subsequent mitigation necessary to preserve and enhance those features and values of the property that originally qualified the property for Section 4(0 protection. A Section 106 Memorandum of Agreement (MOA) was developed in consultation with the SHPO and the City of Pueblo. Mitigation measures include Level II archival documentation of the levee and a historic interpretive sign that addresses the 1921 Arkansas River flood and the role of the levee in subsequent efforts to rebuild. 3. For historic properties, the project does not require the major alteration of the characteristics that qualify the property for the National Register of Historic Places (NRHP) such that the property would no longer retain sufficient integrity to be considered eligible for listing. A small portion of the top of the levee at the roadway section will be modified to support West 11 Street. Impacts anticipated include removing soil at the crest of the levee in order to prepare the roadway section (the ca. 10 ft X 45 ft area referenced above), and the interface of roadway fill on a broader section of the levee, also noted earlier. The majority of the levee that extends east and west of the bridge location and north through Wild Horse Creek Park will remain intact. Relative to the overall length and size of the levee resource (approximately 2,000 feet long including the eastern and western sections) the crossing of the levee in the project is a minor, although adverse, impact and will not alter the characteristics that qualify this resource for eligibility to the NRHP. 4. For historic properties, consistent with 36 CFR part 800, there must be agreement reached amongst the SHPO and/or THPO, as appropriate, the FHWA and the Applicant on measures to minimize where there is a use of Section 4(f) property. Such measures must be incorporated into the project. In a Letter to SHPO dated November 17, 2011, CDOT determined that the project resulted in no adverse effect to the levee. SHPO disagreed with this determination, stating that an adverse effect determination was more appropriate because there would be physical destruction or damage to all or part of the historic property. However, SHPO went on to note that "even a minor or positive change to a property eligible to the National Register is considered and adverse effect." A Memorandum of Agreement (MOA) was developed in consultation with SHPO and the City of Pueblo and includes the development and installation of interpretive signage that addresses the history of the levee. Current public awareness of the levee and its historic importance is negligible and this will improve the overall value of the historic resource to the community. The levee will also be recorded according to Level II archival documentation standards established by the Office of Archaeology and 3 Historic Preservation. The levee will be recorded prior to construction, and the interpretive signage will be included in the project. 5. The official(s) with jurisdiction over the Section 4(0 property agree in writing with the assessment of impacts; the proposed measures to minimize harm; and the values of the Section 4(0 property; and that such measures will result in an net benefit to the Section 4(0 property. In consultation with SHPO, CDOT determined that the project results in an adverse effect to the levee resource. The values associated with the levee are described in the site form that was part of that consultation. See Attachment D, which includes the Section 106 consultation letters between CDOT and SHPO. The measures to minimize harm are documented in the MOA. The MOA was fully signed July 2012. Because the extent of the impact to the levee is minor, and due to the fact that the historic nature of the resource is not well -known even within the local community, the SHPO has agreed that the benefits accorded to the historic levee resulting from increased public awareness and education resulting from the interpretive sign will result in a net benefit to the resource. In correspondence dated June 4, 2012 SHPO agreed that the proposed historic interpretive sign mitigation as outlined in the MOA will result in a net benefit to the levee resource. A copy of the SHPO letter is included along with the other Section 106 correspondence under Attachment D. 6. The Administration determines that the project facts match those set forth in the Applicability, Alternatives, Findings, Mitigation, and Measures to Minimize Harm, Coordination, and Public Involvement sections of this programmatic evaluation. ALTERNATIVES Avoidance Alternatives The applicability of the Net Benefits nationwide programmatic is contingent on showing that the following alternatives are not prudent or feasible; the Net Benefits nationwide programmatic sets forth strict requirements for such findings. The justification for the determination that each alternative is not prudent of feasible is described below: 1. Do- Nothing Alternative. The Do- Nothing Alternative avoids the use of the historic levee, however, if no action is taken, the current bridge crossing of Wild Horse Creek will need to be closed as a matter of public safety. The improved pedestrian and bike facilities would not be completed, reducing the overall connectivity of the transportation network within the 4 area. As a result, the Do- Nothing alternative does not meet the purpose and need for the project and is not considered a prudent and feasible alternative 2. Improve the transportation facility in a manner that addresses purpose and need without use of the Section 4(f) property. Changes to the approach and span of the new bridge were considered as a means of avoiding the impact to the use of the levee. However, in order to gain the additional height needed to avoid the use of the levee, the project would increase costs by approximately $200,000 as the overall slope, property acquisition, and additional material needed would have additional costs. Given the fact that the impacts to the resource is the loss of approximately 50 cubic yards of fill material (based on the removal of the 10 -15 feet wide by 45 feet long plus the depth of the soil), this is viewed as an extraordinary cost when compared to the proposed use of the levee. Additionally as the bridge height would need to be increased, the visual intrusion and noise intrusion associated with bridge traffic would also increase and while not substantial, could result in additional negative impacts to the community, park, and trail neighboring the new bridge. For these reasons, this alternative is not prudent and feasible. 3. Build a new facility at a new location without a use of the Section 4(0 property. The replacement of the existing historic West 11th Street Bridge was considered for this project. The structural deficiencies of the bridge, due to its nature as essentially a repurposed railroad bridge, would require the total destruction of the bridge in order for it to be considered safe. The existing bridge is eligible for the National Register of Historic Places and would be completely destroyed in this process. Additionally, the costs associated with destruction and building a new bridge are estimated to be ten times the cost associated with the construction of the proposed new bridge. Given the fact that the impacts to the historic levee resource is the loss of approximately 50 cubic yards of fill material, this alternative is viewed as an extraordinary cost when compared to the proposed use of the levee. MITIGATION AND MEASURES TO MININIZE HARM The following measures to minimize harm and/or mitigation are included as part of the project: 1) Historic interpretive signage will be completed in consultation with the SHPO and the City of Pueblo. Current public awareness of the levee and its historic importance is negligible and signage near the location of the levee will improve the overall value of that historic resource to the community. 2) The Ievee will be recorded according to Level II archival documentation standards established by the OAHP so there will be a permanent record of its appearance and its significance. 5 COORDINATION Agreement among the SHPO and FHWA has been reached through the Section 106 process of the NHPA concerning effects of this project to the Section 4(f) resource. The SHPO concurred that the proposed project shall result in an adverse effect in a letter dated November 30, 2011. The Section 106 correspondence and MOA, which was executed by the main signatories in July 2012, are attached to this document. The MOA is included as Attachment E. The SHPO concurred with the assessment that this project would have a net benefit to the Wild Horse Creek levee in a letter June 4, 2012. PUBLIC INVOLVEMENT As part of the Section 106 process, CDOT contacted the City of Pueblo Historic Preservation Commission and invited them to participate as a consulting party in the Section 106 process for this project. The City of Pueblo Historic Preservation Commission did not comment on the project; however, the City of Pueblo was involved in review of the MOA and will be funding the interpretive mitigation outlined in that agreement. Public involvement for the Net Benefits nationwide programmatic must be consistent with those required for the NEPA document being produced. The City of Pueblo hosted an open house public meeting on July 14, 2010 from 4:00 p.m. to 7:00 p.m. The meeting was an opportunity for area residents to meet the project team and learn about the project during the conceptual design phase. The meeting was held at the Hyde Park Community Center and approximately eight attendees (including City and CDOT representatives) viewed display boards showing the project schedule and bridge elevation and typical section. The three initial alignment options for the bridge location were also on view, as well as a constraints map and the 2035 Long Range Transportation Plan. Citizens attended the open house and discussed topics such as property acquisition, project costs, and favored the alignment option offering the straightest bridge connection. The project team will hold a second public meeting prior to finalizing the bridge design. This is consistent with the level of effort which is being done for this project and with the level of use and impacts to the property. DETERMINATION Based upon an examination of this project's circumstances, studies, consultations, and documentation summarized above, it is determined that: 1. the project meets the applicability criteria set forth in Applicability section; 2. all of the alternatives set forth in the Findings section have been fully evaluated; 3. the findings in the programmatic evaluation (which conclude that the alternative recommended is the only feasible and prudent alternative) result in a clear net benefit to the Section 4(f) property; 4. the project complies with the Mitigation and Measures to Minimize Harm section of this document; 6 5. the coordination and public involvement efforts required by this programmatic evaluation have been successfully completed and necessary written agreements have been obtained; and 6. the documentation clearly identifies the basis for the above determinations and assurances. 7 Submitted by: ' Nie/die' 7 9 / J. - Hann, Manager (dat ) vironmental Programs Branch olorado Department of Transportation Approved by: .1 Art ►i - MA 7 3 1 4 f . o 1 . Cater i (da e) Division Administrator, Colorado Division Federal Highway Administration 9