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Home My WebLink About1998 Ordinance No. 070• • • ORDINANCE NO. 17!) SERIES OF 1998 BY AUTHORITY COUNCIL BILL NO. 62 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT PERTAINING TO A LONG-TERM ECONOMIC DETERIORATION IMPLEMENTATION GRANT TO DEMOLISH A PORTION OF THE PARKING STRUCTURE AT THE FORMER CINDERELLA CITY SITE BETWEEN THE CITY OF ENGLEWOOD , ECONOMI C DEVELOPMENT ADMINISTRATION (EDA), COLORADO STATE HISTORICAL SOCIETY AND THE ENGLEWOOD ENVIRONMENTAL FOUNDATION. WHEREAS , the Economic Development Administration (EDA) has determined that the Cinderella City Redevelopment Project in Englewood , Colorado with a federal contribution of $800 ,000 out of a total project cost of $1,069,000, will have an effect upon the Cinderella City Mall, a property eligible for listing in the National Register of Historic Places; and WHEREAS , EDA has consulted with the Colorado State Historic Preservation Officer (SHPO) pursuant to 36 C.F .R. Part 800, regulations implementing Section 106 of the National Historic Pre se rvation Act (16 U.S.C. §470F) AND §llO(f) of the same act; and WHEREAS , the City of Englewood (City) and the Englewood Environmental Foundation (Foundation) have participated in the consultation, and also have been invited to concur in this Memorandum of Agreement; and WHEREAS , the City Council of the City of Englewood, Colorado authorized the filing of the application with the U.S. Economic Development Administration: Title IX Economic Adjustment Assistance Grant to fund assistance to demolish a portion of the concrete parking structure on the Cinderella City site by the passage of Resolution No. 84, Series of 1998 ; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The Intergovernmental Agreement pertaining to a Long-Term Economic Deterioration Impleme ntation Grant to demolish a portion of the parking structure at the former Cinderella City site between the City of Englewood, Economic Development Administration (EDA), Colorado State Historical Society and the Englewood Environmental Foundation, attached as "Exhibit A", is hereby accepted and approved by the Englewood City Council. Section 2 . The City Manager is authorized to execute and the City Clerk to attest and seal the Memorandum Of Agreement for and on behalf of the City of Englewood, Colorado . -1 - 10 b iii Introduced, read in full, and passed on first reading on the 5th day of October, 1998. Published as a Bill for an Ordinance on the 9th day of October, 1998 . Read by title and passed on final reading on the 19th day of October, 1998. Published by title as Ordinance No.'2Q, Series of 1998, on the 23rd day of October, 1998. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true co~ the Ordinance passed on final reading and published by title as Ordinance No. Y!l, Series o 199 -2- • • • •' • :MEMORANDUM OF AGREEML.'ff SUBMII IED TO THE ADVISORY COUNCil.. ON HISTORIC PRESERVATION (Council) PURSUANT TO 36 CFR § 800.6(a) between the Economic Development Administration and the Colorado Historical Society regarding the Cinderella City Redevelopment Project WHEREAS, the Economic Development Administration (EDA) has determined that the Cinderella City Redevelopment Project in Englewood, Colorado with a federal contribution of $800,000 out of a total project cost of$1,069,000, will have an effect upon the Cinderella City Mall, a property eligible for listing in the National Register of Historic Places; and WHEREAS, EDA has consulted with the Colorado State Historic Preservation Officer (SHPO) pursuant to 36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act (16 U .S .C. § 470t) and§ l lO(t) of the same act; and WHEREAS, the City of Englewood (City) and the Englewood Environmental Foundation (Foundation) have participated in the consultation, and also have been invited to concur in this • MOA • NOW, THEREFORE, EDA and the 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 EDA will ensure that the following measures are carried out: 1. ARCHIVAL RECORDING Prior to the demolition of the Mall complex, EDA will require the City to provide satisfactory evidence that the recordation of the Mall complex has been completed, accepted by the SHPO, and archival copies of this documentation has been made available to the SHPO and the Englewood Public Library. Documentation shall be in accordance with Alternative Level II as described in A Window to the Past-A View to the Future, A Guide to Photodocumenting Historic Places, by Frederic J. Athearn, Bureau of Land Management, Colorado State Office, Denver Colorado, 1990, Part Three, Alternative Archival Document, pp 34-37 . I! x H I B I T A 2. MONITORlNG The signatories may monitor activities pursuant to the MOA, and the Council will review such activities if so requested by a party to this MOA The EDA will cooperate with the signatories in carrying out their review and monitoring responsibilities. 3 . PUBLIC OBJECTION At any time during the implementation of the measures stipulated in the Agreement, should an objection to any such measure be raised by a member of the public, the EDA shall take the objection into account and consult as needed with the objecting party, the SHPO, or the Council to resolve the objection. 4 . RESOLVING OBJECTION Should any party to this MOA object to any action carried out or proposed by the EDA with respect to the implementation of this MOA, they shall consult to resolve the objection. If after initiating such consultation, the EDA determines that the objection cannot be resolved through consultation, the EDA shall forward all documentation relevant to the objection to the Council, including the EDA' s response to the objection. Within 30 days after receipt of all pertinent documentation the Council shall exercise one of the following options : ,, ' .. • a. Advise the EDA that the Council concurs in the EDA's final decision, whereupon the EDA • will respond to the objection accordingly; b. Provide the EDA with recommendations, which the EDA shall take into account in reaching a final decision regarding its response to the objection; or c. Notify the EDA that the Council will comment pursuant to CFR § 800.6(b) and proceed to comment. The resulting comment shall be taken into account by the EDA in accordance with 36 CFR § 800 .6(c)(2). Should the Council not exercise one of the above the above options within 30 days after receipt of all pertinent documentation, the EDA may assume the Council's concurrence in its proposed response to the objection. 5. REPORTING Within ninety (90) days after carrying out the tenns of this Agreement, EDA shall provide a written report to all parties to the Agreement on the actions taken to fulfill the tenns of the Agreement. • ,. • • • 6. UNANTICIPATED DISCOVERIES The City shall ensure that any previously undiscovered archaeological remains that are discovered during demolition activities are reported to the SHPO for review. Demolition activities that could affect such remains would cease until this process had been completed. 7.AMENDMENTS Any signatory to this MOA may propose to the EDA that the MOA be amended, whereupon the EDA shall consult with the other parties to this MOA to consider such an amendment. 36 CFR § 800 .5(e)(5) shall govern the execution of any such amendment. Execution of this MOA by EDA and the SHPO , its subsequent acceptance by the Council, and implementation of its terms, evidence that EDA has afforded the Council an opportunity to comment on the Cinderella City Redevelopment Project and its effects on historic properties, and that EDA has taken into account the effects of the undertaking on historic properties. ECONOMIC DEVELOP:MENT ADMINISTRATION BY: ~SJ-~A>evak Date:_ ....... fd.__a __ 7~.....__r,..1--P_ Frank ~te, Ph.D . 7 Director Compliance Review Division COLORADO STATE HISTORIC PRESERVATION OFFICER Georgianna Contiguglia State Historic Preservation Officer CONCUR: CITY OF ENGLEWOOD Gary Sears City Manager ENGLEWOOD ENVIRONMENTAL FOUNDATION Richard A. Kahm President ACCEPTED for the ADVISORY COUNCIL ON IDSTORIC PRESERVATION John M. Fowler Executive Director ., • • • .. -' • • • COUNCIL COMMUNICATION Date Agenda Item Subject Intergovernmental Agreement October 5, 1998 11 a ii Cinderella City Demolition Initiated By Staff Source Neighborhood and Business Development S. Darren Hollingsworth, Business Analyst COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Community I Economic Development: Support the redevelopment of Cinderella City. Community I Economic Development: Leverage City resources through grant funding. RECOMMENDED ACTION Staff recommends that City Council approve the attached Bill for an Ordinance approving an Inter- Governmental Agreement (IGA) between the City of Englewood and the U.S. Economic Development Administration (EDA). The Agreement is necessary for the City to accept grant funding for demolishing a portion of the parking deck at Cinderella City. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED On August 10, 1998 Englewood applied to EDA for funding a portion of the Cinderella City park ing structure demolition . EDA supports the economic development project as they continue to review Englewood's grant application . The Colorado State Historic Preservation Office (SHPO) requires the City to provide photos and a historical narrative about Cinderella City as part of Englewood's grant application to the EDA. The Agreement documents Englewood's commitment to satisfy the SHPO obligation . With Local, State , and Federal agencies working together on the grant, Englewood's Charter requires entering into an Inter-Governmental Agreement. Englewood anticipates that signing the IGA will permit EDA to grant "Early Start Status" so that we can being the project on schedule then get reimbursed. FINANCIAL IMPACT Englewood expects to receive more than $800,000 for Cinderella City redevelopment from EDA. The City will incur about $5000 in expenses related to providing photos and a historic narrative about Cinderella City. The IGA permits the City to be reimbursed for those expenses. EDA Grant funds leverage City resources by providing funding to demolish a portion of the Cinderella City parking structure. The City anticipates that EDA will grant Early Start Status allowing Englewood to incur reimbursable demolition costs . LIST OF ATTACHMENTS Proposed Bill for Ordinance Inter-Governmental Agreement