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HomeMy WebLinkAbout09614 ORDINANCE NO. 9614 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A PROGRAMMATIC AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, 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 responsibilities in accordance with Section 104(g) of the Housing and Community Development Act of 1974 \[42 U.S.C. 5304(g)\], where the Entitlement Community assumes federal agency responsibility for compliance with Section 106 of the National Historic Preservation Act of 1966, as amended \[54 U.S.C. 300101 et seq.\], a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor of the City of Pueblo 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 on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on November 25, 2019 . Final adoption of Ordinance by City Council on December 9, 2019 . President of City Council Action by the Mayor: ☒ Approved on December 10, 2019 . □ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of , on ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-3 Background Paper for Proposed ORDINANCE COUNCIL MEETING DATE: November 25, 2019 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Bryan Gallagher, Director of Housing and Citizen Services SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A PROGRAMMATIC AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO STATE HISTORIC PRESERVATION OFFICE REGARDING THE ADMINISTRATION OF U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PROGRAMS SUMMARY : The Ordinance authorizes the City of Pueblo to enter into a Programmatic Agreement with the State Historic Preservation Office (SHPO). The intent of this agreement is to streamline the environmental review consultation process with the SHPO on U.S. Department of Housing and Urban Development (HUD) funded projects. The agreement identifies specific actions the City may undertake that would not have an adverse effect on historic properties and therefore not require consultation between the two entities. PREVIOUS COUNCIL ACTION: The City Council on October 15, 2013 approved Ordinance No. 8641, which authorized a 5-year programmatic agreement between the City of Pueblo and the Colorado State Historic Preservation Office. 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 2013, the City entered into a 5-year programmatic agreement with the SHPO for the various housing programs that the City and its subrecipients operate. The Agreement allows the City to undertake certain predetermined actions on a property without the need to consult directly with the SHPO on each individual property or action. This will expedite the provision of services by a minimum of 30-days, allowing the City and its subrecipients to undertake a project in a more timely manner. FINANCIAL IMPLICATIONS: 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. BOARD/COMMISSION RECOMMENDATION: Not applicable for this Ordinance. STAKEHOLDER PROCESS: Not applicable for this Ordinance. ALTERNATIVES: If the Ordinance is not approved, the City will continue to work with the SHPO and consult individually on a project by project basis. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: Attachment 1: Programmatic Agreement between the City of Pueblo and State Historic Preservation Office 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 This Programmatic Agreement (hereinafter referred to as "Agreement) is made this 9th day of December , 2019, 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 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 (ACNP) 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 Advisory Council on Historic Preservation. 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; 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; 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; or 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-including retrofitting for energy efficient, sealed, double low-e glazing; 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; I. The installation, repair, or replacement of exterior outlets, and sill cocks providing any required patching is completed with in-kind materials; or 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 36 CFR 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; 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; or 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 1(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 1(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. D. Annual Report By March 31st 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 1(A) of this Agreement. II. 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. Amendments will only be considered if made in writing and must be approved in writing by all parties to this Agreement to go into effect. 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 Advisory Council on historic Preservation (hereinafter referred to as "Council") in accordance with 36CFR800.2(b)(2) for the Council 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 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 ten (10) 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. Signed: COLORADO STATE HISTORIC PRESERVATION OFFICER By: C4j Date: I (9 1 .'Steven '44-b- Historic Preservation Officer CITY OF PUEBLO By: ~—yam • //�fe.�/ Date: /AR -/o- Nicholas /d•Nicholas A. Grade ar, Mayor City of Pueblo 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.carrCc�chs.state.co.us