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HomeMy WebLinkAboutIowa State Historic Preservation Office-Memorandum Agreement-09.24.2007 WHEREAS, Native American tribes have been notified and no objection has been raised to work proposed; and WHEREAS, the City has consulted with representatives of the Silos and Smokestacks National Heritage Area, and has invited the Grout Museum of History and Science and the State Historical Society of Iowa to tour the buildings and remove for display or exhibit any items of significant and valuable for museum purposes; and WHEREAS, in accordance with 36 CFR 800.6(a)(1), the City 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); NOW THEREFORE, the City of Waterloo shall ensure that the following terms and conditions, including the appended recordation plan for The Rath Packing Company Administration Building, Maintenance Building, and Cooper Building, be implemented in a timely manner and with adequate resources in compliance with the National Historic Preservation Act of 1966 (16 USC 470). STIPULATIONS The City of Waterloo will ensure that the following measures are carried out. A. Generally 1. The City shall work to gain an extension of time for the use of BEDI grant funds, as such funds pertain to the potential future demolition of the Administration Building. If an extension is granted, the deadlines included in Stipulation C shall be adjusted accordingly and formalized with an amendment to this agreement, following Stipulation E. 2. Prior to the demolition of any of the three buildings, the Grout Museum and the State Historical Society of Iowa shall be given the opportunity to salvage from that building items or artifacts of historical interest suitable for exhibition or other museum purposes. B. Maintenance Building and Cooper Building Documentation 1. To the extent they have not been so documented already,the City shall document the Maintenance Building and the Cooper Building in accordance with the recordation plan, "Iowa Property Study: Factory," attached to this MOA as Appendix A. 2. The City shall carry out this documentation plan, as approved by the SHPO, in a manner consistent with applicable criteria for meeting the Secretary of Interior's 2 four standards for architectural and historical documentation (48 FR 44731) and by a person or firm whose education and professional experience meets the Secretary of the Interior's Professional Qualification Standards (48 FR 44738-9) for historians. 3. The City may proceed with demolition of the Maintenance and Cooper buildings after the SHPO has approved the photos of them and other field information gathered at the site. The City shall notify the SHPO within 30 days of the demolition of the buildings. 4. The City shall submit the documentation described in Appendix A to the Iowa SHPO for comment within 24 months of SHPO's approval of the photos and gathered information. If SHPO does not provide comments within 30 days of receipt, the documents will be considered final. 5. The City shall provide copies of the final documentation to additional signatories of this MOA, to the Grout Museum, and to the Waterloo Public Library. C. Administration Building Redevelopment Efforts, Demolition, Documentation 1. The City shall aggressively market the building and make it available for redevelopment for a period of several months, ending March 31, 2008. Marketing methods may include, but not be limited to, distribution of new brochures promoting the redevelopment and posting information about the Administration Building and its redevelopment potential on the City's Internet website. 2. The Waterloo Historic Preservation Commission shall hold a public forum for the purpose of soliciting the public's input regarding possible future uses for the Administration Building. 3. After March 31, 2008, if no redevelopment plan has been identified or implemented,the City may proceed to let contracts for the demolition of the building and may begin the preparations for its eventual demolition, including hazardous materials mitigation. Redevelopment marketing efforts shall continue during this pre-demolition process. 4. If a developer and a redevelopment plan are successfully identified for the Administration Building, the SHPO shall be given the opportunity to review the redevelopment plans to ensure relevant Secretary of the Interior standards and guidelines are proposed to be followed. 5. Whether redeveloped or demolished, to the extent the Administration Building has not been so documented already, the City shall also document the building in accordance with the recordation plan laid out in and attached to this MOA as Appendix B. 3 6. The City shall carry out this documentation plan, as approved by the SHPO, in a manner consistent with applicable criteria for meeting the Secretary of Interior's four standards for architectural and historical documentation (48 FR 44731) and by a person or firm whose education and professional experience meets the Secretary of the Interior's Professional Qualification Standards (48 FR 44738-9) for historians. 7. If no developer or redevelopment plan has been identified, then the City may proceed with demolition of the Administration Building after the SHPO has approved photos and other field information gathered at the site. The City shall notify the SHPO of the demolition of the Administration Building within 30 days of that event. 8. The City shall submit the documentation booklet described in Appendix B, in proof format, to the Iowa SHPO for comment within 24 months of SHPO's approval of the photos and gathered information. If SHPO does not provide comments within 30 days of receipt, the content and layout of the booklet will be considered approved. 9. The City shall provide copies of the printed booklet to the signatories of this MOA, to the Grout Museum and the Waterloo Public Library, and other distributes as specified and in the quantities stated in Appendix B. The booklet shall also be published as a"pdf'document on the City's website. D. Unexpected Discovery Archaeology If, at any point in the undertaking, construction work should uncover previously undetected archaeological materials, the City will cease construction activities involving subsurface disturbances in the area of the resource and notify the Iowa SHPO and the City of Waterloo Community Planning and Development Department of the discovery and proceed with the following procedure. 1. The Iowa SHPO, or an archaeologist retained by the City that meets the Secretary of the Interior's Standards for archeology, will immediately inspect the work site and determine the extent of the affected archaeological resource. Construction work may continue in the area outside the archaeological resource as defined by the Iowa SHPO, or by Iowa SHPO in consultation with the City's retained archaeologist. 2. Within 14 days of the original notification of discovery, the City, in consultation with the Iowa SHPO, will determine the National Register eligibility of the 4 resource. The City may extend this 14-day calendar period one time by an additional 7 days by providing written notice to the Iowa SHPO prior to the expiration date of said 14-day calendar period. 3. If the resource is determined eligible for the National Register, the City shall submit a plan for its avoidance,protection, recovery of information, or destruction without date recovery to Iowa SHPO for review and comment. The City will notify all consulting parties including interested tribes of the unanticipated discovery and provide the proposed treatment plan for their consideration. The Iowa SHPO and consulting parties will have 7 days to provide comments on the proposed treatment plan upon receipt of the information. 4. Work in the affected area shall resume upon either: a. the development and implementation of an appropriate date recovery plan or other recommended mitigation procedures, or b. the determination by Iowa SHPO that the newly located archaeological materials are not eligible for inclusion in the National Register. Human Graves In the event that human remains or burials are encountered during additional archaeological investigations or construction activities, the City shall proceed with,the following process: 1. Cease work in the area and take appropriate steps to secure the site. 2. Notify the Office of the State Archaeologist, the SHPO, the City of Waterloo Community Development Department, and the Waterloo Police Department. 3. If the remains appear to be ancient(i.e., older than 150 years), the state agency responsible for ancient burials shall have jurisdiction to ensure NAGPRA and the implementing regulations (43 CFR 10) are observed. The deposition of the remains will be determined in consultation with the culturally affiliated tribe(s) if known. 4. If the remains appear to be less than 150 years old,the remains may be legally protected under Iowa Code, Chapter 566, and the Iowa Department of Health will be notified. 5 E. Administrative Conditions Amendments and Termination 1. Modifications, amendments, or termination of this agreement as necessary shall be accomplished through consultation and written agreement of all the signatories. Duration 1. The terms of the agreement shall be reviewed to determine if revisions are needed if its terms are not carried out within five (5)years from the date of its execution. Dispute Resolution 1. Disputes regarding the completion of the terms of this agreement shall be resolved by the signatories. If the signatories cannot agree regarding a dispute, any one of the signatories may request the participation of the Council to assist in resolving the dispute according to 36 CFR 800.7. Execution of this Memorandum of Agreement by the City of Waterloo, the Iowa SHPO, and the Waterloo Historic Preservation Commission is evidence that the City of Waterloo has taken into account the effects of the undertaking on historic properties. Signatories: By: City of Waterloo Date By: Iowa State Historic Preservation Office Date By: 69- Waterloo Historic Preservation Commission Date 6 MEMORANDUM OF AGREEMENT Between the Iowa State Historic Preservation Office and the City of Waterloo,Iowa and the Waterloo Historic Preservation Commission regarding the Demolition of the Maintenance Building and Cooper Building and Redevelopment and/or Demolition of the Administration Building, all of The Rath Packing Company, Sycamore and Elm Streets, Waterloo, Black Hawk County, Iowa Iowa SHPO R&C#060107025 WHEREAS, the City of Waterloo is a Responsible Entity with respect to environmental responsibilities for Brownfield Economic Development Initiative (BEDI) appropriations under U.S. Department of Housing and Urban Development (HUD) regulation 24 CFR 58.2(7)(ii); and WHEREAS, in connection with a BEDI appropriation to the City of Waterloo, an undertaking has been defined as including the demolition of the two buildings known as the Maintenance Building and the Cooper Building and redevelopment or demolition of the Administration Building, all historically a part of The Rath Packing Company, which undertaking would have an adverse effect on the buildings; and WHEREAS,the Administration Building,the Maintenance Building, and the Cooper Building are contributing resources to a historic district, and the Administration Building is also individually eligible for listing on the National Register of Historic Places (NRHP); and WHEREAS, the City of Waterloo has consulted with the Iowa State Historic Preservation Officer(SHPO) pursuant to 36CFR Part 800 regulations implementing Section 106 of the National Historic Preservation Act(16 USC 4700, and has invited the Waterloo Historic Preservation Commission to participate in this Memorandum of Agreement (MOA); and WHEREAS, the consulting parties have agreed that it is in the public interest to expend funds to implement this project through documentation of the historic property thereby mitigating the adverse effects of the project; and WHEREAS, no other resources, historical, architectural or archaeologically eligible for the National Register, will be affected by the proposed project; and 1 WHEREAS, Native American tribes have been notified and no objection has been raised to work proposed; and WHEREAS, the City has consulted with representatives of the Silos and Smokestacks National Heritage Area, and has invited the Grout Museum of History and Science and the State Historical Society of Iowa to tour the buildings and remove for display or exhibit any items of significant and valuable for museum purposes; and WHEREAS, in accordance with 36 CFR 800.6(a)(1), the City 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); NOW THEREFORE, the City of Waterloo shall ensure that the following terms and conditions, including the appended recordation plan for The Rath Packing Company Administration Building, Maintenance Building, and Cooper Building, be implemented in a timely manner and with adequate resources in compliance with the National Historic Preservation Act of 1966 (16 USC 470). STIPULATIONS The City of Waterloo will ensure that the following measures are carried out. A. Generally I. The City shall work to gain an extension of time for the use of BEDI grant funds, as such funds pertain to the potential future demolition of the Administration Building. If an extension is granted, the deadlines included in Stipulation C shall be adjusted accordingly and formalized with an amendment to this agreement, following Stipulation E. 2. Prior to the demolition of any of the three buildings, the Grout Museum and the State Historical Society of Iowa shall be given the opportunity to salvage from that building items or artifacts of historical interest suitable for exhibition or other museum purposes. B. Maintenance Building and Cooper Building Documentation I. To the extent they have not been so documented already, the City shall document the Maintenance Building and the Cooper Building in accordance with the recordation plan, "Iowa Property Study: Factory," attached to this MOA as Appendix A. 2. The City shall carry out this documentation plan, as approved by the SHPO, in a manner consistent with applicable criteria for meeting the Secretary of Interior's 2 four standards for architectural and historical documentation (48 FR 44731) and by a person or firm whose education and professional experience meets the Secretary of the Interior's Professional Qualification Standards (48 FR 44738-9) for historians. 3. The City may proceed with demolition of the Maintenance and Cooper buildings after the SHPO has approved the photos of them and other field information gathered at the site. The City shall notify the SHPO within 30 days of the demolition of the buildings. 4. The City shall submit the documentation described in Appendix A to the Iowa SHPO for comment within 24 months of SHPO's approval of the photos and gathered information. If SHPO does not provide comments within 30 days of receipt, the documents will be considered final. 5. The City shall provide copies of the final documentation to additional signatories of this MOA, to the Grout Museum, and to the Waterloo Public Library. C. Administration Building Redevelopment Efforts, Demolition, Documentation 1. The City shall aggressively market the building and make it available for redevelopment for a period of several months, ending March 31, 2008. Marketing methods may include, but not be limited to, distribution of new brochures promoting the redevelopment and posting information about the Administration Building and its redevelopment potential on the City's Internet website. 2. The Waterloo Historic Preservation Commission shall hold a public forum for the purpose of soliciting the public's input regarding possible future uses for the Administration Building. 3. After March 31, 2008, if no redevelopment plan has been identified or implemented, the City may proceed to let contracts for the demolition of the building and may begin the preparations for its eventual demolition, including hazardous materials mitigation. Redevelopment marketing efforts shall continue during this pre-demolition process. 4. If a developer and a redevelopment plan are successfully identified for the Administration Building, the SHPO shall be given the opportunity to review the redevelopment plans to ensure relevant Secretary of the Interior standards and guidelines are proposed to be followed. 5. Whether redeveloped or demolished, to the extent the Administration Building has not been so documented already, the City shall also document the building in accordance with the recordation plan laid out in and attached to this MOA as Appendix B. 3 6. The City shall carry out this documentation plan, as approved by the SHPO, in a manner consistent with applicable criteria for meeting the Secretary of Interior's four standards for architectural and historical documentation (48 FR 44731) and by a person or firm whose education and professional experience meets the Secretary of the Interior's Professional Qualification Standards (48 FR 44738-9) for historians. 7. If no developer or redevelopment plan has been identified, then the City may proceed with demolition of the Administration Building after the SHPO has approved photos and other field information gathered at the site. The City shall notify the SHPO of the demolition of the Administration Building within 30 days of that event. 8. The City shall submit the documentation booklet described in Appendix B, in proof format, to the Iowa SHPO for comment within 24 months of SHPO's approval of the photos and gathered information. If SHPO does not provide comments within 30 days of receipt, the content and layout of the booklet will be considered approved. 9. The City shall provide copies of the printed booklet to the signatories of this MOA, to the Grout Museum and the Waterloo Public Library, and other distributes as specified and in the quantities stated in Appendix B. The booklet shall also be published as a"pdf' document on the City's website. D. Unexpected Discovery Archaeology If, at any point in the undertaking, construction work should uncover previously undetected archaeological materials,the City will cease construction activities involving subsurface disturbances in the area of the resource and notify the Iowa SHPO and the City of Waterloo Community Planning and Development Department of the discovery and proceed with the following procedure. 1. The Iowa SHPO, or an archaeologist retained by the City that meets the Secretary of the Interior's Standards for archeology, will immediately inspect the work site and determine the extent of the affected archaeological resource. Construction work may continue in the area outside the archaeological resource as defined by the Iowa SHPO, or by Iowa SHPO in consultation with the City's retained archaeologist. 2. Within 14 days of the original notification of discovery, the City, in consultation with the Iowa SHPO, will determine the National Register eligibility of the 4 resource. The City may extend this 14-day calendar period one time by an additional 7 days by providing written notice to the Iowa SHPO prior to the expiration date of said 14-day calendar period. 3. If the resource is determined eligible for the National Register, the City shall submit a plan for its avoidance, protection, recovery of information, or destruction without date recovery to Iowa SHPO for review and comment. The City will notify all consulting parties including interested tribes of the unanticipated discovery and provide the proposed treatment plan for their consideration. The Iowa SHPO and consulting parties will have 7 days to provide comments on the proposed treatment plan upon receipt of the information. 4. Work in the affected area shall resume upon either: a. the development and implementation of an appropriate date recovery plan or other recommended mitigation procedures, or b. the determination by Iowa SHPO that the newly located archaeological materials are not eligible for inclusion in the National Register. Human Graves In the event that human remains or burials are encountered during additional archaeological investigations or construction activities, the City shall proceed with,the following process: 1. Cease work in the area and take appropriate steps to secure the site. 2. Notify the Office of the State Archaeologist, the SHPO, the City of Waterloo Community Development Department, and the Waterloo Police Department. 3. If the remains appear to be ancient(i.e., older than 150 years), the state agency responsible for ancient burials shall have jurisdiction to ensure NAGPRA and the implementing regulations (43 CFR 10) are observed. The deposition of the remains will be determined in consultation with the culturally affiliated tribe(s) if known. 4. If the remains appear to be less than 150 years old, the remains may be legally protected under Iowa Code, Chapter 566, and the Iowa Department of Health will be notified. 5 E. Administrative Conditions Amendments and Termination 1. Modifications, amendments, or termination of this agreement as necessary shall be accomplished through consultation and written agreement of all the signatories. Duration 1. The terms of the agreement shall be reviewed to determine if revisions are needed if its terms are not carried out within five (5) years from the date of its execution. Dispute Resolution 1. Disputes regarding the completion of the terms of this agreement shall be resolved by the signatories. If the signatories cannot agree regarding a dispute, any one of the signatories may request the participation of the Council to assist in resolving the dispute according to 36 CFR 800.7. Execution of this Memorandum of Agreement by the City of Waterloo, the Iowa SHPO, and the Waterloo Historic Preservation Commission is evidence that the City of Waterloo has taken into account the effects of the undertaking on historic properties. Signatories: By: - City of Waterloo Date By: Iowa State Historic Preservation Office Date By: 1,,e aterloo Historic Preservation Commission Date 6 M� `'J