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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