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HomeMy WebLinkAboutFederal Hwy Admin, Historic Preservation, IA DOT-Memo of Agreement-04.28.2008 . ��o� �S MEMORANDUM OF AGREEMENT Between The Federal Highway Administration And The Iowa State Historic Preservation Officer And City of Waterloo And Iowa Department of Transportation Highway Improvement Project NHSX-063-6(69)--3H-07 US 63 Franklin Street to Donald Street in the City of Waterloo, Iowa WHEREAS, the Federal Highway Administration (FHWA) proposes to improve U.S. 63 from Franklin Street to Donald Street in Waterloo, Iowa and has consulted with the Iowa 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. Section 470f); WHEREAS, construction of the project will not impact archaeology sites; however will result in an adverse effect upon two houses, 1252 Logan Street and 1302 Logan Street, which are considered eligible for listing on the National Register of Historic Places (NRHP); and WHEREAS, the consulting parties agreed that it is in the public interest to expend funds to mitigate the adverse affects of this project according to this Memorandum of Agreement; and WHEREAS, the tribes that may attach religious or cultural importance to properties in the project corridor have been consulted and have not expressed an interest in the project; and WHEREAS,the Iowa Department of Transportation (Iowa DOT) and the City of Waterloo (City) will let and construct the improvement and has participated in the consultation with FHWA and Iowa State Historic Preservation Officer (SHPO), and is a signatory to this MOA; NOW, THEREFORE, FHWA, Iowa DOT, City and the Iowa 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 significant historic properties. STIPULATIONS FHWA will ensure that the following measures are carried out: A. Historic Structures 1. The Iowa DOT will offer the two historic houses, 1252 Logan Street and 1302 Logan Street, for sale to be moved. According to Marketing plan in Appendix A. 2. If there is no buyer for the house(s), the Iowa DOT shall record the historic information of each house according to the "Iowa Historic Property Study: Houses" in Appendix B. If one house is sold to be moved and the other not, the house that is not sold will be recorded according to the "Iowa Historic Property Study: Houses" in Appendix B. a. The recordation cited in stipulation A(2) shall be performed by a person or firm who is acceptable to the SHPO and whose education and professional experience meet the Secretary of Interior's professional qualification standards. b. Upon SHPO review and approval of the proofs for the documentation photographs and of field notes and drawings, the houses may be salvaged according to the Marketing Plan in Appendix A then demolished at the discretion of the Iowa DOT. c. The SHPO will review the completed documentation project for professional and technical compliance with the recordation plans included in Attachment B. The approved documentation will be presented as a booklet filed with the State Historical Society of Iowa. Paper copies and a CD of the documentation will be provided to the signatories of the MOA, the Waterloo Public Library and the Waterloo Historical Society. B. Unanticipated Discoveries 1. If construction work should uncover archaeological materials, which had not been previously detected, the Iowa DOT and City will cease construction activities that may disturb subsurface materials in the area of the resource and notify the SHPO of the discovery. 2. The SHPO, or an archaeologist retained by the Iowa DOT and meeting the Secretary of the Interior's Standards for archaeology, 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 it is defined by the SHPO, or by SHPO in consultation with the archaeologist. 3. Within 14 days of the original notification of discovery, Iowa DOT, in consultation with the SHPO and the City, will determine the National Register eligibility of the resource. The Iowa DOT may extend this 14-day calendar period one time by an US 63' Franklin—Donald St Waterloo 2 MOA NHSX-063-6(69)-3H-07 5/1/2008 R&C# 050907102 additional 7 days by prcviding written notice to the SHPO prior to the expiration date of said 14-day calendar period. 4. If the resource is determined eligible for the National Register, the Iowa DOT shall submit a plan for its avoidance, protection, recovery of information, or destruction without data recovery to SHPO for review and comment. The Iowa DOT and the City will notify all consulting parties of the unanticipated discovery and provide the proposed treatment plan for their consideration. The SHPO and consulting parties will have 7 days to provide comments on the proposed treatment plan to the Iowa DOT, the City and FHWA upon receipt of the information. 5. Work in the affected area shall resume pending either: a. development and implementation of an appropriate data recovery plan or other recommended mitigation measures listed in (4) above, or b. determination that the newly located archaeological materials are not eligible for inclusion on tie National Register. C. Protection of Human Graves 1. The Iowa Code protects all human burials in the state of Iowa. In the event that human remains or burials are encountered during construction activities, the Iowa DOT and the City shall cease work in the area, take appropriate steps to secure the site, and notify officials at the Burials Program at the Office of the State Archaeologist, SHPO. 2. If the remains appear to be ancient (i.e., older than 150 years), the Burials Program at the Office of the State Archaeologist shall have jurisdiction to ensure Iowa law, NAGPRA and the implementing regulations (43CFR10) are observed. In keeping with the policy and procedures of the Burials Program, the deposition of the remains will be arranged in consultation with the culturally affiliated tribe(s) or the Indian Advisory Committee if the affiliation is not known. 3. If the remains appear to be less than 150 years old, the burial may be legally protected under Iowa Code, Chapter 566 and the Iowa Department of Health would be notified. D. Administrative 1. If the stipulations of this Memorandum of Agreement have not been implemented by July 1,2013, the consulting parties shall review its provisions to determine whether revisions are needed. If revisions are needed, the signatories will consult in accordance with 36 CFR Part 800 to make such revisions. 2. Modification, amendment or termination of this agreement as necessary shall be accomplished by the signatories in the same manner as the original agreement. US 63"Franklin—Donald St Waterloo 3 MOA NHSX-063-6(69)-3H-07 5/1/2008 R&C# 050907102 3. 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 Advisory Council to assist in resolving the dispute. 4. This agreement shall be null and void if its terms are not carried out within seven (7) years from the date of its execution, unless the signatories agree in writing to an extension for carrying out its terms. Execution of this Memorandum of Agreement by FHWA and the Iowa SHPO, submission of a copy to the Council and implementation of its terms, evidence that FHWA has afforded the Council an opportunity to comment on this project and its effect on historic properties, and that FHWA has taken into account the effects of the undertaking on historic properties. 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. Signature Page FEDERAL HIGHWAY ADMINISTRATION By: FHWA, Iowa Division Date IOWA STATE HISTORIC PRESERVATION OFFICER By: Deputy SHPO Date CITY OF WATERLOO By: r • / pg -fig Waterloo Mayor Date IOWA DEPARTMENT OF TRANSPORTATION By: Office of Location&Environment Director Date US 63—Franklin—Donald St Waterloo 4 MOA NHSX-063-6(69)-3H-07 5/1/2008 R&C# 050907102 Apperadriz A Specifications for a Marketing Plan for Historic Houses 1252 Logan Ave and 1302 Logan Ave Waterloo, Iowa The marketing plan will include the following elements: 1. The Iowa DOT shall offer the historic houses for relocation and re-habitation by first offering the house to the present owners. The Department of Transportation's (Iowa DOT) Relocation Assistance Benefits may be used to defray the cost of moving the houses to a new location. 2. If the present owners are not interested in moving the houses, the Iowa DOT shall advertise the houses on the DOT's electronic sale site, and in local newspapers. To encourage public support for moving the houses, seek input from the local Historic Preservation Commission regarding the offering. 3. The DOT shall prepare an information package about the Houses for any interested party which includes but not limited to: a. Photographs of the Houses and the setting; b. A location map; c. Information on the Houses' historic significance; d. Information on :ax benefits, historical grants or potential federal funds available for rehabilitation of historic properties. Information may include, but not limited to, information about tax benefits found on the National Park Service web site http://www2.cr.nps.gov/tps/tax/index.htm; or information about Iowa Historical Society grants found on web site http://www.iowahistory.org/grants/shsi_grants/shsi_grant.html; e. Provide information about the relocating the house in accordance with the recommended approaches in the Secretary of the Interior's Standards for Rehabilitation and Illustrated Guidelines for Rehabilitating Historic Properties (U.S. Department of the Interior, National Park Service, 1992), and preserve it in accordance with the Secretary of the Interior's Standards for Preservation (36 CFR 68); see web site http://www2.cr.hps.gov/tps/secstanl.htm . f. Provide a list of reputable moving companies within the area; and 4. The two historic dwellings shall be offered for sale and relocation with purchasing preference in the following order: US 63' Franklin-Donald St-,Waterloo 5 MOA NHSX-063-6(69)-3H-07 5/1/2008 R&C# 050907102 a) A direct sale to the present owners as part of the Acquisition process. b) A direct sale to other displacees on the project with particular preference given to a perspective purchaser that agrees move the house to a vacant lot within the neighborhood. c) A public sale for relocation of the house(s). 5. If the houses(s) are offered for public sale the established Iowa DOT procedures for the sale of improvements shall be utilized. Specific requirements will be included as part of the offering. a. The house(s) must be moved intact and no salvaging of the buildings shall be allowed. b. The successful purchaser shall be required to provide the Iowa DOT with a $5,000 performance deposit. The Iowa DOT shall not return the performance deposit until the successful purchaser has fulfilled all requirements of the purchase including reestablishing the house on the replacement site. c. The successful purchaser agrees to provide SHPO with a map and photographs of the location where the house will be re-located. 6. If the Iowa DOT receives no offer that it determines conforms to the requirements above, the Iowa DOT shall attempt to secure the properties and in consultation with the SHPO may make the properties available for historic details to be purchased for salvage before the property is demolished. 7. Should the SHPO not agree with the Iowa DOT decision regarding the property, the parties shall seek to resolve the disagreement pursuant to Stipulation D(3) of the Memorandum of Agreement. US 63- Franklin—Donald St—Waterloo 6 MOA NHSX-063-6(69)-3H-07 5/1/2008 R&C# 050907102 Appendix B Howl Moecomic Ir©pew efcdyo licounee The documentation identified below is for Iowa residential properties of state and local significance. It is to be written for a broad public audience--kept simple, direct, and free of technical and academic jargon. The character of the documentation produced--its content, quality, materials, and presentation--shall meet the Secretary of Interior's Standards and Guidelines, and the booklet shall be authored by an architectural historian or historian qualified under the Secretary of the Interior's Professional Qualifications Standards (36 CFR Part 61). A public history booklet format will be prepared that focuses on the history and architecture of the residential property[ies] at 1252 Logan Avenue and/or 1302 Logan Avenue , Waterloo, Black Hawk County, Iowa. Questions that might be addressed in the booklet include, but are not limited to, the following: 1. What were the circumstances of the house's construction, including the impetus for the project, selection of the designing architect and contractor, and the story of its construction? 2. Who was the architect, if this person is known, and how does this residential project fit into the larger body of the designer's work in this community and beyond? 3. What was the role of this architect within the broader context of Iowa, Midwest, and national architectural trends? 4. Who was the client (and his or her family, if any) for whom the house was built, and what are the details of the family's socio-economic background, employment history, and other elements that enable a better understanding of the initial residents of the house? 5. How have the building and its neighborhood changed over time? The booklet is anticipated to be 8 to 12 pages in length and will include, as appropriate, historic and current photographs, maps, and drawings that will illustrate and complement the text. A mock-up copy of the draft manuscript and selected illustrations shall be submitted to the SHPO for review and comment. The final booklet will be published once any SHPO comments have been addressed. If the SHPO does not respond within 45 days, the author may proceed to finalizing the booklet. The deliverable will be the print-ready manuscript supplied as a PDF file on a CD, with a CD and paper copy of the PDF for each of the signatories of the MOA, the Waterloo Historic Preservation Commission, the Grout Museum, and the Waterloo public library. The manuscript will also be submitted to the editor of the Iowa Heritage Illustrated for consideration of publication as an article. No additional documentation in the form of photographs or drawings shall be required. 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