HomeMy WebLinkAbout08641ORDINANCE NO. 8641
AN ORDINANCE APPROVING AND AUTHORIZING THE
EXECUTION OF A PROGRAMMATIC AGREEMENT BY AND
AMONG THE CITY OF PUEBLO, COLORADO AND THE
COLORADO STATE HISTORIC PRESERVATION OFFICE
REGARDING THE ADMINISTRATION OF U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT PROGRAMS
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
A programmatic agreement between the City of Pueblo, a Municipal Corporation, and
the State Historic Preservation Office, relating to the City of Pueblo’s federal environmental
review responsibility, in accordance with Section 104(g) of the Housing and Community
Development Act of 1974 [ 42 U.S.C. 5304(g)], by which the Entitlement Community assumes
federal agency responsibility for compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended [16 U.S.C. 470 et seq.] (Section 106), a copy of which is
attached hereto, having been approved as to form by the President of City Council and the City
Attorney.
SECTION 2.
The President of the City Council is hereby authorized and directed to execute said
Programmatic Agreement in the name of the City and the City Clerk is hereby authorized and
directed to affix the official seal of the City of Pueblo and attest same.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance and the attached programmatic agreement to
effectuate the transactions described therein.
SECTION 4.
This Ordinance shall become effective immediately upon final passage and approval.
INTRODUCED: September 23, 2013
BY: Chris Kaufman
PASSED AND APPROVED: October 15, 2013
Background Paper for Proposed
ORDINANCE
DATE: AGENDA ITEM # R-4
September 23, 2013
DEPARTMENT:
HOUSING AND CITIZEN SERVICES
ADA RIVERA CLARK, DIRECTOR
TITLE
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A
PROGRAMMATIC AGREEMENT BY AND AMONG THE CITY OF PUEBLO, COLORADO AND
THE COLORADO STATE HISTORIC PRESERVATION OFFICE REGARDING THE
ADMINISTRATION OF U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PROGRAMS
ISSUE
Should the City Council approve a Programmatic Agreement with the State Historic
Preservation Office (SHPO), which allows the City's Department of Housing and Citizen
Services to undertake activities that do not have an adverse effect on historic properties without
prior consultation with SHPO for HUD funded activities?
RECOMMENDATION
Approval of the Ordinance.
BACKGROUND
Under the Community Development Block Grant (CDBG), the HOME Investment Partnership
Act (HOME), and other HUD Programs, the grantee is required to complete an environmental
review for each activity to be undertaken with these funds. This process can be lengthy and
time consuming for both agencies. In 2012, SHPO requested that the City consider re-entering
into a programmatic agreement for the various housing programs that the City and its
subrecipients undertake. The Department had entered into a similar agreement several years
prior, which has since expired.
The Agreement allows the City to undertake certain pre-determined actions (minor repairs or
rehabilitation) on a single property without the need to consult with SHPO on each individual
property. This will expedite the provision of services by a minimum of 30-days, allowing the City
and its subrecipients to undertake repairs or the rehabilitation of a property in a timelier manner.
FINANCIAL IMPACT
There is no financial impact to this Agreement, as there are no costs associated with entering
into said Agreement. At present, both agencies are required to comply with the federal
requirements and this would serve to expedite the regulatory requirements.
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PROGRAMMATIC AGREEMENT
BY AND BETWEEN THE CITY OF PUEBLO, COLORADO
AND
THE COLORADO STATE HISTORIC PRESERVATION OFFICE
REGARDING THE ADMINISTRATION OF
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PROGRAMS
This Programmatic Agreement (hereinafter referred to as "Agreement) is made this 15 day of October,
2013, by and between the City of Pueblo (hereinafter referred to as "the Entitlement Community) and the
Colorado State Historic Preservation Officer (hereinafter referred to as "SHPO ").
WHEREAS, the U.S. Department of Housing and Urban Development (hereinafter referred to as "HUD ")
provides formula grant funding to cities and counties in Colorado and to the State of Colorado; and
WHERAS, due to their acceptance of federal environmental review responsibility, in accordance with
Section 104(g) of the Housing and Community Development Act of 1974 [ 42 U.S.C. 5304(g)], the
Entitlement Community has assumed federal agency responsibility for compliance with Section 106 of
the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470 et seq.] (Section 106); and
WHEREAS, the Entitlement Community now, or in the future, administers HUD grant programs which
include, but are not limited to the following programs (HUD programs):
• Community Development Block Grant Program
• Community Development Block Grant Recovery Act (CDBG -R) under the American Recovery
and Reinvestment Act (ARRA)
• Neighborhood Stabilization Programs
• HOME Investment Partnerships Program
• Emergency Shelter Grant Program
• Housing Opportunities for People with AIDS Program
• Lead -Based Paint Hazard Control Grant Program
• Lead hazard Reduction Demonstration Grant Program
• Section 8 Project Based Assistance Program including Single Room Occupancy
• Shelter Plus Care Program
• Special Projects Appropriated Under an Appropriations Act for HUD
• Supportive Housing Program
WHEREAS, the Entitlement Community has determined that implementation of the HUD Programs may
include activities, such as rehabilitation (multiple undertakings), demolition and new construction, which
may have an effect on properties included in or eligible for inclusion in the National Register of Historic
Places (Historic Properties); and
WHEREAS, the Entitlement Community has determined that certain activities funded by the HUD
Programs have limited potential to affect Historic Properties and has consulted with the Colorado State
Historic Preservation Office (SHPO) pursuant to 36 C.F.R. 800.14 of the regulation implementing Section
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106; and
WHEREAS, the Entitlement Community acknowledges the importance of compliance with 36 C.F.R.
Part 800, et al regarding mandatory consulting and has implemented policies and procedures regarding
such consultation with the SHPO; and
WHEREAS, pursuant to 36 C.F.R. 800.14(b) the Entitlement Community will notify the Advisory
Council on Historic Preservation (the "Council ") of its intention to prepare a programmatic agreement
and submit this Agreement for review and consultation; and
WHEREAS, pursuant to 36 C.F.R 800.14(b) the Entitlement Community will notify the Indian Tribes of
its intention to prepare a programmatic agreement and submit this Agreement for review and consultation.
The Entitlement Community shall consult with Indian Tribes that attach traditional religious and cultural
significance to historic properties that may be affected by the Entitlement Community undertakings. The
Entitlement Community recognizes the unique legal and political relationship the United States
Government has with federally- recognized Indian Tribes, including government -to- government
relationships, and consultation responsibilities as set forth in 36 C.F.R., Part 800, et al.
NOW THEREFORE, the Entitlement Community, and the SHPO agree that HUD Programs shall be
administered in accordance with the following stipulation to satisfy the Section 106 responsibilities of the
Entitlement Communities and HUD.
Stipulations
I. EXEMPTED AND NON - EXEMPTED ACTIVITES
A. Activities Not Requiring Review
The following proposed undertakings have limited potential to affect historic properties and may be
approved by the Entitlement Communities and /or HUD without further consultation with the SHPO,
Indian Tribes, or the Council.
For purposes of this agreement, the term "in -kind materials" is defined as installation of a new element
that duplicates the material, dimensions, configuration and detailing of the original element. This
duplication may take into account technical advances in materials and design while maintaining or
exceeding the durability, appearance and function of the original element, while also meeting required
energy conservation standards and /or in accordance with mandated health and safety requirements (i.e.
hazardous material mitigation or building code egress requirements).
1) General:
a. Projects on buildings less than fifty years old;
b. Projects on buildings fifty or more years old but have been determined by SHPO as not
eligible for National Register of Historic Places within the past ten years;
c. Refinancing; or
d. Leasing without rehabilitation or construction
2) Site Work:
a. Installation, repairs or replacement of retaining walls, driveways, curbs & gutters, and
parking areas, excluding the repair of existing rock retaining walls.
b. Installation or in -kind repair or replacement of brick or stone sidewalks or alleys
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c. Installation or in -kind repair or replacement of site improvements including, but not limited
to fences, landscaping, and steps which are not attached to any building.
d. Installation, repair or replacement of utilities including but not limited to gas lines, sanitary
and storm water lines, electrical, cable or other underground utilities within a previously
developed land and public right -of- way(s)
e. Installation, repair or replacement of park and play ground equipment, excluding buildings
f. The installation, repair or replacement of public sidewalks, and ADA curb ramps, providing
no significant features are removed or destroyed,
In the event that historic or prehistoric archaeological resources are discovered during ground -
disturbing activities, work shall be immediately stopped and notification provided to SHPO.
3) Exterior Rehabilitation
a. Installation of storm windows and doors, providing they conform to the shape and
dimensions of existing windows.
b. Removal of exterior paint by non - destructive methods, providing that such removal is
consistent with Lead Based Paint regulations.
c. Application of exterior paint, other bonded finishes and caulking, with the exception of
previously unpainted masonry.
d. Lead Based Paint mitigation that does not involve removal or alteration of special features.
e. Repair, partial in -kind replacement or addition of matching in -kind elements for the purpose
of safety/code requirements of existing porch elements such as columns, decking/flooring,
floor joists, ceilings, railings, balusters, balustrades, lattice and steps
f. Maintenance, repair, and in -kind replacement to code requirements of roofing shingles, roof
cladding and sheathing, gutters, downspouts, soffits, and fascia, providing no change to the
roof pitch or configuration occurs.
g. Weatherization of historic components such as door and windows, by means of caulking,
insulation, weather stripping, and installation of clear glass in existing sashes.
h. Placement and installation of exterior HVAC mechanical units, vents, including associated
electrical and plumbing modifications, providing they are not located on the front elevation.
i. Installation, repair, or replacement of basement bulk head doors.
j. Installation of additional decorative or security lights providing such installation does not
damage historic materials.
k. Securing or mothballing a property by means of boarding over window and door openings,
making temporary roof repairs, and/or ventilating the structure
1. The installation, repair, or replacement of exterior outlets, and sill cocks providing any
required patching is completed with in -kind materials
m. The installation of accessibility ramps, providing they are installed on the rear portion of the
house, or when installed on front elevation that they meet the requirements set forth in CFR
800 part 68.3 (standards).
4) Interior Rehabilitation
a. Installation, replacement, upgrade, or repair of plumbing, including non historic bath &
kitchen fixtures, cabinetry and appliances, HVAC units & systems, electrical and fire
protection systems providing no structural alterations are involved.
b. Installment of bathroom fans providing no historic elements will be removed, altered, or
damaged.
c. Installment of insulation in ceiling and attic spaces, basements and crawlspaces.
d. Architectural Barrier Improvements for bathroom including doorways, providing the work is
contained with the existing area
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e. Structural repairs to sustain the existing structure that do not alter the foot print of the
structure.
f. Hazardous materials abatement, remediation or mitigation that does not involve removal or
alteration of historic features.
g. Repair or partial in -kind replacement or finishing of interior surface features such as floors,
walls, ceilings, plaster and wood work.
h. Installation or replacement of floor coverings such as carpet, vinyl sheet flooring, tile, and
hardwood floors, providing that when covering historical features such as hardwood floors, a
layer of protection such as an underlayment is provided to protect them from damage
i. Installation or repair of concrete basement or crawlspace floors, that do not alter the foot print
of the structure
j. Installation of storm windows, when feasible and exterior conditions or features shall not
allow such installation
k. The installation, repair, or replacement of tubs and showers including skirting or surrounds.
B. Non - Exempted Activities Requiring Review
All activities not identified in "STIPULATIONS ", Section I (A) of this Agreement must be
reviewed in accordance with 36 CFR Part 800.
C. Resolution of Adverse Effects
Unless an undertaking is exempted as set forth in Section I(A) of this Agreement, the
Entitlement Community shall consult with the SHPO to evaluate alternatives or modifications
to the undertaking that could avoid, minimize, or mitigate adverse effects on historic
properties pursuant to 36 C.F.R. 800.6 (a). The Entitlement Community shall also consult
Indian Tribes that attach traditional religious and cultural significance to historic properties
that may be affected by such undertakings.
II. ANNUAL REPORT
By March 31S of every year under this Agreement, the Entitlement Community will file a report
on projects completed in the previous year to the SHPO which will include Project Address, Year
Constructed, Nature of work, and references the appropriate exempted activity as detailed in
"STIPULATIONS ", Section I(A) of this Agreement.
DISCOVERIES AND UNFORSEEN EFFECTS
If during the implementation of these programs, a previously unidentified property that may be
eligible for inclusion in the National Register is encountered, or a known National Register
historic property may be affected in an unanticipated manner, the Entitlement Community will
assume its responsibilities pursuant to 36 CFR part 800.13(b).
III. AMENDMENT
Any party may request that this Agreement be amended, whereupon the SHPO will consult with
the other parties in accordance with 36 CFR Part 800.14(b) to consider an amendment. All
Amendments must be in writing and signed by all parties to this Agreement.
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IV. DISPUTE RESOLUTION
Should any party to this Agreement object at any time to actions proposed or the manner in
which the terms of this Agreement are implemented, City shall consult with the objecting
party to resolve the objection. If City determines within 30 days that such objection cannot
be resolved, City will:
A. Forward all documentation relevant to the dispute to the Council in accordance
with 36 CFR Part 800.2(b)(2) for the Council to review and advise City on the
resolution of the objection within 30 days. Any comment provided by the Council,
and all comments from the parties to the Agreement, will be taken into account by
City in reaching a final decision regarding the dispute.
B. If the Council does not provide comments regarding the dispute within 30 days
after City provides documentation of the dispute to the Council, City may render a
decision regarding the dispute. In reaching its decision, City will take into account all
comments regarding the dispute from the parties to the Agreement.
C. City's responsibilities to carry out all other actions subject to the terms of the
Agreement that are not the subject of the dispute remain unchanged. City will notify
all parties of its decision in writing before implementing that portion of the
undertaking subject to dispute. City's decision on all disputes will be final.
V. TERMINATION
Any party to this agreement may terminate its participation by providing thirty (30) days written
notice to all other parties. In the event of termination, the terminating party will comply with 36
CFR Part 800.3 through 800.7 with respect to individual undertakings covered by this Agreement.
Termination by the SHPO will nullify this Agreement upon all parties.
VI. TERM OF THE AGREEMENT
Following signature by the Entitlement Community and the SHPO, this Agreement will be
binding on a party upon the date of its signature and shall be in force for a term of five (5 years
thereafter, unless the parties agree to extend it.
VII. NOTIFICATION
Notification or other communication between parties to this agreement should be made in care of
the addressed provided in Exhibit A.
EXECUTION AND IMPLEMENTATION of this Agreement evidences that the Entitlement
Community and the SHPO have satisfied their responsibilities under Section 106 for undertakings funded
by the HUD Programs. This agreement may be executed in counterpart.
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Signed:
COLORADO '. I TE HIVO IC NATION OFFICER
By: 'r PP "' Date: 8
Edwar' . Nichols
Colorado State Historic Preservation Officer
CITY OF ' • :4- , rrr________
By - Date: / 5 - / 3
ephen - G: Nawrocki, Preside
Pueblo City Council
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EXHIBIT A
MAILING ADDRESSES OF SIGNATORIES
CITY OF PUEBLO
1 City Hall Place
Pueblo, CO 81003
COLORADO STATE HISTORICAL PRESERVATION OFFICE
1200 Broadway
Denver, CO 80203
CONTACT INFORMATION IF ARCHAELOGICAL RESOURCES ARE ENCOUNTERED:
Tom Carr, Staff Archaeologist
Colorado Historical Society
Office of Archaeology and Historic Preservation
303 866 3498
Thomas.carr@chs.state.co.us
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