HomeMy WebLinkAbout2021-414-06.07.2021Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street,
Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2021-414
RESOLUTION APPROVING MEMORANDUM OF
AGREEMENT BETWEEN THE FEDERAL HIGHWAY
ADMINISTRATION, IOWA HISTORIC PRESERVATION
OFFICER, CITY OF WATERLOO, IOWA DEPARTMENT OF
TRANSPORTATION, AND THE WATERLOO HISTORIC
PRESERVATION COMMISSION, REGARDING PLACEMENT
OF THE PARK AVENUE BRIDGE, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID DOCUMENT.
WHEREAS, in accordance with Section 106 of the National Historic Preservation Act of
1966, 54 U.S.C. § 306108 (the Act), and its implementing regulations (36 CFR§ 800) the Federal
Highway Administration (hereafter "FHWA") proposes to assist with replacement of the Park
Avenue bridge (FHWA # 11831) in Waterloo, Black Hawk County, (hereafter "Undertaking");
and
WHEREAS, the FHWA has defined the undertaking's area of potential effects (hereafter
"APE") in Appendix A; and
WHEREAS, the FHWA has received a funding request for the undertaking from the City
of Waterloo (hereafter "City") and the City has chosen to enter into this Memorandum of
Agreement (hereafter "MOA") to fulfill their project obligations; and
WHEREAS, the FHWA and the City have sought the assistance of the Iowa Department
of Transportation (hereafter "Department") and have requested them to join this MOA as an
invited signatory; and
WHEREAS, the FHWA has determined that this undertaking will have an adverse effect
on the historic bridge FHWA # 11831 (07-13589) which has been determined eligible for listing
on the National Register of Historic Places, and have consulted with the Iowa State Historic
Preservation Officer (SHPO) pursuant to 36 CFR § 800, the regulations implementing Section
106 of the National Historic Preservation Act (54 U.S.C. § 306108); and
WHEREAS, in accordance with 36 CFR§ 800.2(c) the FHWA has identified and
consulted with federally recognized tribes that may attach cultural or religious significance on
Historic Properties (hereafter "Tribes") and the list of Tribes is set forth in Appendix B, and has
invited the Tribes to sign this MOA as concurring parties; and
WHEREAS, in accordance with 36 CFR§ 800.2(c) the FHWA has identified and
consulted with "additional consulting parties" including the Waterloo Historic Preservation
Commission (Waterloo HPC), and has invited the Waterloo HPC to sign this MOA as concurring
party; and
WHEREAS, in accordance with 36 CFR § 800.6(a)(1), the FHWA has notified the
Advisory Council on Historic Preservation (ACHP) of its adverse effect determination with
specified documentation, and the ACHP has chosen not to participate in the consultation
pursuant to 36 CFR § 800.6(a)(1)(iii); and,
WHEREAS, the FHWA has consulted with the University of Iowa Office of the State
Archaeologist (OSA) Bioarchaeology Program, regarding the effects of the undertaking on
historic properties and OSA has chosen not to participate; and
NOW, THEREFORE, the FHWA, the SHPO, the City, the Iowa DOT and the Waterloo
HPC agree that the undertaking shall be implemented in accordance with the following
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stipulations in order to take into account the effects of the undertaking on historic properties.
STIPULATIONS
I. The City shall complete a series of moderate sized (approx. 3'x 3') interpretive panels
(4-5) that will be placed along the river walk near the location of the Park Avenue bridge. One of
the panel locations will include a commemorative girder segment of the bridge. Stakeholders will
review and consult on panel content and locations.
II. Marking the installation of the panels the City will offer a presentation to the public
about the 1938 riveted deck plate girder bridge and accompanying historical research. This
presentation is intended to be for the public and may consist of a presentation and then a question
and answer session. The presentation will be made by a Secretary of the Interior (SOI) qualified
historian (48 FR 44738-9).
III. All historical research for this mitigation project will be completed by a Secretary of
the Interior (SOI) qualified historian (48 FR 44738-9). All materials shall be prepared in
consultation with stakeholders (the Iowa DOT, State Historic Preservation Officer, Waterloo
HPC (so parties can review and provide comment); a 30-day comment period shall be provided.
Historic themes to be addressed by the research may include but are not limited to 1930s
transportation (highway and bridge) engineering and construction, Works Project Administration
funded projects, downtown Waterloo, and any applicable social and labor history.
IV. The Iowa Code protects all human burials in the state of Iowa. Ancient remains are
protected under Chapter 263B, 523I.316(6), and 716.5 of the Iowa Code. The City and the
Department shall ensure the Treatment of Human Remains procedures located in the 2018
Section 106 Programmatic Agreement for Federal Aid Highway Program in Iowa shall be
followed upon the unlikely event of that human remains are discovered during construction.
V. If post -review discoveries (architectural remains, archaeological features, artifacts,
etc.) are identified (e.g. under pavement or structures), the City and the Department shall ensure
the Post -Review Discoveries procedures located in the 2018 Section 106 Programmatic
Agreement for Federal Aid Highway Program in Iowa shall be followed upon the unlikely event
of that historic resources are discovered during construction.
VI. Duration - This MOA will expire if its terms are not carried out within five (5) years
from the date of its execution. Prior to such time, the FHWA may consult with the other
signatories to reconsider the terms of the MOA and amend it in accordance with Stipulation VII
below.
VII. Monitoring and Reporting - Each year following the execution of the MOA, in
January, until it expires or is terminated, the City shall provide all parties to this MOA a
summary report detailing work undertaken pursuant to its terms. Such report shall include any
scheduling changes proposed, any problems encountered, and any disputes and objections
received in the FHW's efforts to carry out the terms of this MOA.
VIII. Dispute Resolution - Should any signatory or concurring party to this MOA object at
any time to any actions proposed or the manner in which the terms of this MOA are
implemented, the
FHWA shall consult with such party to resolve the objection. If the FHWA determines that such
objection cannot be resolved, the FHWA will:
A. Forward all documentation relevant to the dispute, including the FHWA's
proposed
resolution, to the ACHP. The ACHP shall provide the FHWA with its advice on the
resolution of the objection within thirty (30) days of receiving adequate
documentation. Prior to reaching a final decision on the dispute, the FHWA shall
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Page 3
prepare a written response that takes into account any timely advice or comments
regarding the dispute from the ACHP, signatories, and concurring parties, and
provide them with a copy of this written response. The FWHA will then proceed
according to its final decision.
B. If the ACHP does not provide its advice regarding the dispute within the thirty
(30) day time period, the FHWA may make a final decision on the dispute and
proceed accordingly. Prior to reaching such a final decision, the FHWA shall
prepare a written response that takes into account any timely comments regarding
the dispute from the signatories and concurring parties to the MOA, and provide
them and the ACHP with a copy of such written response.
C. The FHWA's responsibilities to carry out all other actions subject to the terms of
this
MOA that are not the subject of the dispute remain unchanged.
IX. Amendments - This MOA may be amended when such an amendment is agreed to in
writing by all signatories. The amendment will be effective on the date a copy signed by all of the
signatories is filed with the ACHP.
X. Termination - If any signatory to this MOA determines that its terms will not or cannot
be carried out, that party shall immediately consult with the other parties to attempt to develop an
amendment per Stipulation X above. If within thirty (30) days (or another time period agreed to
by all signatories) an amendment cannot be reached, any signatory may terminate the MOA upon
written notification to the other signatories. Once the MOA is terminated, and prior to work
continuing on the undertaking, the FHWA must either (a) execute a MOA pursuant to 36 CFR §
800.6 or (b) request, take into account, and respond to the comments of the ACHP under 36 CFR
§ 800.7. The FHWA shall notify the signatories as to the course of action it will pursue.
Execution of this MOA by the FHWA, the SHPO, the City, the Department and the
Waterloo HPC and implementation of its terms is evidence that the FHWA has taken into
account the effects of this undertaking on historic properties and afforded the ACHP an
opportunity to comment. This agreement is binding upon the signatories hereto not as
individuals, but solely in their capacity as officials of their respective organizations and
acknowledges proper action of each organization to enter into the same.
PASSED AND ADOPTED this 7th day of June 2021.
ATTEST:
Ke/z'e, �e/ck/e
Kelley Felchle, City Clerk
SEAL
•
Quentin Hart, Mayor