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Home My WebLink About30711 RESOLUTION NO. 3 0 7 ~ 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A 4 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF AUBURN, KING COUNTY OFFICE OF CULTURAL RESOURCES, WASHINGTON STATE 5 DEPARTMENT OF TRANSPORTATION, WASHINGTON STATE HISTORIC PRESERVATION OFFICER, AND THE FEDERAL HIGHWAY ADMINISTRATION REGARDING THE ADVERSE EFFECT AND MITIGATION MEASURES OF THE 7 SOUTH 277~ STREET RECONSTRUCTION PROJECT. 8 WHEREAS, the City'of Auburn is the lead agency on the 9 South 277th Street Reconstruction Project PR562; and 10 WHEREAS, the U.S. Department of Transportation, Federal 11 Highway Administration (FHWA), has determined that the South 12 277th Street Reconstruction Project (PR562) will have an adverse effect upon the Thomas-Nelson Farm, King County 13 Historic Resource Inventory #0915, a property eligible for 14 inclusion in the National Register of Historic Places, and has 15 consulted with the Washington State Historic Preservation 18 Officer (SHPO) pursuant to 36 CFR Part 800, regulations 17 implementing Section 106 of the National Historic Preservation 18. Act (16 U.S.C. 470f); and 19 WHEREAS, the adverse effect is the result of the 20 realignment of 78th Avenue South, to pass south and east of 21 the Thomas-Nelson house, which severs the historic access to 22 the house and changes the setting and feeling of the property; and 24 25 28 CITY ATTORNEY .............................. City of Auburn Resolution No. 3071 25 w. Main Aubu~WA 98001 Marchi5,1999 (253)931-3030 Pagelof4 (253)go4-310g 1 WHEREAS, the City of Auburn and King County have 2 participated in the consultation and have been invited to 3 concur in the Memorandum of Agreement; and 4 WHEREAS, the City of Auburn agrees to the following and 5 as stipulated in the Memorandum of Agreement for the 8 mitigation of the adverse effect: 1. Prior to the alteration of the Thomas-Nelson Farm, 7 the property shall be documented. All 8 structure/building documentation shall follow the 9 Historic American Buildings Survey/Historic American 10 Engineering Record (HABS/HAER) standards. 11 Documentation shall also include the historic 12 property's landscape, as well as other historic 13 features 14 2. The Thomas-Nelson Farm house is moved north of its current location to a location agreed upon by the 15 City of Auburn, the KCHPO, and the Washington SHPO and the property owner. The Thomas-Nelson Farm 17 house shall be relocated following preparation of a 18 stabilization/restoration plan, as outlined in 19 Stipulation 4, and in consultation with the KCHPO 20 and the SHPO. Relocating the Thomas-Nelson Farm 2] house includes construction of a foundation and 22 reconnecting utilities. 23 3. The Thomas-Nelson Farm shall be landscaped in accordance with a landscaping plan designed in 24 consultation with and approved by the Washington 25 SHPO, the KCHPO and the property owner. This plan 26 Reso]u~on No. 307 ! March ]5, ]999 Page 2 of 4 1 shall address, at a minimum, noise and visual 2 affects and restoration of historic landscape 3 features including the walkway, driveway, and major 4 street tree and yard plantings. 5 4. The City of Auburn shall bear the cost for Items 1, 2, and 3 and that a fund of $63,250.00 be established by the City of Auburn, and held and 7 administered by the King County Office of Cultural 8 Resources, for the implementation of additional 9 measures to mitigate the adverse effects of the ]0 South 277th Street Reconstruction Project on the 11 Thomas-Nelson Farm. Additional mitigation measures 12 shall include, but not be limited to, development of 13 a stabilization/restoration evaluation and plan 14 ($15,000.00) for the historic property, ]5 implementation of this plan ($40,000.00) as deemed appropriate by the KCHPO and SHPO, and ]B administration ($8,250.00) of the additional ]7 mitigation measures fund. 18 19 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 20 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 21 RESOLVES THAT: 22 Section 1. The Mayor and the City Clerk of the City of 23 Auburn, Washington, are herewith authorized to execute the Memorandum of Agreement between the City of Auburn, the King 24 County Office of Cultural Resources, the Washington State 25 Department of Transportation, the Washington State Historic 2B Resolution No. 3071 March 15, 1999 Page 3 of 4 1 Preservation Officer, and the Federal Highway Administration. 2 A copy of the said Memorandum of Agreement is attached hereto 3 and denominated as Exhibit ~A". 4 Section 2. The Mayor is hereby authorized to implement 5 such administrative procedures as may be necessary to carry out the directires of this legislation. 7 8 DATED and SIGNED this 15th day of March, 1999. 9 10 ]2 CHARLES Ao BOOTH 13 MAYOR 14 ATTEST: 15 16 ~~Q~ 17 Danielle E. Daskam, ]8 City Clerk 19 20 21 APPROVED AS TO FORM: 22 23 ~~ 24 Michael J. Reynolds, 25 City Attorney 26 Resolu~on No. 307 ] March 15, 1999 Page 4 of 4 EXHIBIT A Resolution No. 3071 MEMORANDUM OF AGREEMENT SUBMITTED TO THE ADVISORY COUNCIL ON HISTORIC PRESERVATION PURSUANT TO 36 CFR 800.6(a) REGARDING THE SOUTH 277th STREET RECONSTRUCTION PROJECT, PR 562 WHEREAS, the U.S. Department of Transportation, Federal Highway Administration (FHWA), has determined that the South 277th Street Reconstruction Project, PR 562 will have an adverse effect upon the Thomas-Nelson Farm, King County Historic Resource Inventory #0915, a property eligible for inclusion in the National' Register of Hist0dc Places, and has consulted (Appendix A) with the Washington 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. 4700: and WHEREAS, the adverse effect is the result of th.e realignment of 78th Avenue South, to pass south and east of the Thomas-Nelson Farm house, which severs the histodc access to the house and changes the setting and feeling of the property. WHEREAS, the City of Auburn and King County have pafficipated in the consultation' (Appendix B) and have been invited to concur in this Memorandum of Agreement; and WHEREAS, the definitions given in Appendix C are applicable throughout this .'- Memorandum of Agreement: NOW THEREFORE, FHWA and the Washington SHPO agree that the undertaking shall be implemented in accordance with the following stipulations in consideration of the adverse effect this undertaking would have on the histodc property. Stipulations FHWA will ensure that the following measures are carried out: 1 .' FHWA shall ensure that, prior to the alteration of the Thomas-Nelson Farm, the property shall be documented. FHWA shall contact the Washington SHPO and the King Cou[aty Historic Preservation Officer (KCHPO) to determine what le/el and kind of documentation is required for the property. Unless otherwise agreed to by the SHPO .and the KCHpO, the FHWA shall ensure that all structure/building documentation' follows the Histodc American Buildings Survey/Historic American Engineering Record (HABS/HAER) standards. Documentation shall also include the histodc property's landscape, as well as other historic features. All documentation must be accepted by the SHPO and the KCHPO and copies of this documentation shall be made available to the appropriate local archives designated by the KCHPO. All documentation, including slides, photographs, and negatives shall be submitted to the KCHPO for curation. Copies of this documentation shall also be submitted to the SHPO. Exb~ Bit "A" Resolution No. 3071 Thomas-Nelson Farm South 277th Street Reconstruction Project Memorandum of Agreement 2. The FHWA shall ensure the Thomas-Nelson Farm house is moved north of its curr:ent location to a location agreed upon by the City of Auburn, .the KCHPO, and the Washington SHPO and the property owner. The Thomas-Nelson Farm house shall be moved following preparation of a stabilization/restoration plan, as outlined in Stipulation 4, and in consultation with the KCHPO and the SHPO. Moving the Thomas-Nelson Farm house includes construction of a foundation and reconnecting utilities. 3. The FHWA shall ensure that the Thomas-Nelson Farm is landscaped in accordance with a landscaping plan designed in consultation with and approved by the Washington SHPO, the KCHPO and the property owner. This plan shall address, at a minimum, noise and visual affects and restoration of histodc landscape features including the walkway, driveway, and major street tree and yard plantings. 4. The FHWA shall ensure that the City of Auburn bears. the cost for Stipulations 1, 2, and 3 and that a fund of $63,250.00 be established by the City of Auburn, and held and administered by the King County Office of Cultural Resources, for the implementation of additional measures to mitigate the adverse effects of the South 277th Street Reconstruction Project on the Thomas-Nelson Farm. Additional mitigation measures shall include, but not be limited to, development of a stabilizatioNrestoration evaluation and plan ($15,000.00) for the histodc property, implementation of this plan ($40,000.00) as deemed appropriate by the KCHPO and SHPO, and administration ($8,250.00) of the additional mitigation measures fund. 5. The FHWA shall ensure that all histodc preservation work carried out pursuant to this agreement is carried out by or under the supervision of a person or persons meeting at a minimum the standards set forth in the Secretary of the Interiors Professional Qualifications Standards (48 FR 44738-9) and approved by the KCHPO. 6 If a signatory or concurring party to this MOA determines that the terms of the MOA cannot be met or believes a change is necessary, that party may request the other parties to consider an amendment to the MOA. Such an amendment or addendum shall be executed in the same manner as the odginal MOA. 7. If the signatory to this agreement objects to any plans, specifications or actions proposed pursuant to this MOA, the FHWA shall consult with the objecting party to-- resolve the objection. If the FHWA determines that the objection cannot be resolved, the FHWA shall request the further comments of the Council pursuant to 36 CFR Section 800.6(b). Any Council comment provided in response 'to such a request will be taken into account by FHWA in accordance with 36 CFR 800.6(c)(2) with reference only to the subject of the dispute; the FHWA's responsibility to carry out all actions under this agreement that are not the subject of the dispute will remain unchanged. 8. Failure to carry out the terms of this MOA requires that the FHWA again request the Council's comments in accordance with 36 CFR 800. If the FHWA cannot carry out the terms of the MOA: (I) it will not take or sanction any action to make an irreversible Th~mas-N~lson Farm SoUth 277th Street Reconstruction Projed Memorandum of Agreement ' commitment that would result in an adverse effect with respect to the eligible property covered by the MOA, (ii)FHWA will not foreclose the Council's considerations-of modifications or alternatives that could avoid or mitigate the adverse effect on the' property until the commenting process has been completed. Execution of this Memorandum of Agreement by FHWA and the Washington SHPO, its subsequent acceptance by the Advisory Council, and implementation of its terms, evidence that FHWA has afforded the Council an opportunity to comment on the South 277th Street Reconstruction Project, PR 562 and its effects on historic properties, and that FHWA has taken into account the effects of the undertaking on historic properties. FEDERAL HIGHWAY ADMINISTRATION tion and Environmental Engineer Allyson Brool~, State Histodc Preservation Officer Coilcur: " Dennis B. Ingham, Assistangry. TransAid Service Center CITY OF AUBURN Charles A. Booth, Mayor, City of Auburn KING COUNTY OFFICE OF CULTURAL RESOURCES M. Koler, King County HisToric ;'rreservation Officer COUNCIL ON HISTORIC P.DeESERVATION · ~ ~,T'~'7 Date: