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HomeMy WebLinkAbout1997-12-09 ResolutionRESOLUTION NO. 97-387 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Gabe's - 330 E. Washington Street It was moved by Lehman and seconded by as read be adopted, and upon roll callthere were: Vanderhoef that the Resolution AYES: NAYS: ABSENT: Passed and approved this 9th day of December Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ,19 97. ATTEST: CIT~~ City Attorney's Office a\d anceprm. res Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 97-388 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 920 SOUTH SEVENTH AVENUE, IOWA CITY, IOWA WHEREAS, on December 20, 1995 the property owner of 920 South Seventh Avenue, received a five year Mortgage in the amount of $2,198 from the City of Iowa City; and WHEREAS, this document created a lien against the property; and WHEREAS, the balance of $1,111.47 was paid off on December 1, 1997; and WHEREAS, the lien needs to be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 920 South Seventh Avenue, Iowa City, Iowa from the five year Mortgage recorded on January 24, 1996 in Book 2025, Page 257 through Page 261 of the Johnson County Recorder's Office. Passed and approved this 9th day of December ,1997. ATTEST:Ci~L~~RK f~' MAyOR'~C,~, '?~z2~ Approved by City Attomey's Office ppdrehab\res\920-Tth.doc Resolution No. 97-388 Page 2 It was moved by Lehman and seconded by adopted, and upon roll call there were: Vander'hoef the Resolution be AYES: NAYS: ABSENT: X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property legally described as follows: Parcel D according to the plat thereof recorded at plat book 33, page 30, in the records of the Recorder of Johnson County; said Parcel D being the westerly portion of Lot 8, Block 47, East Iowa City, according to the recorded plat thereof, from an obligation of the property owner, Joann M. Schuzer, to the City of Iowa City in the principal amount of $2,198.00 represented by a five year Mortgage recorded on January 24, 1996 in Book 2025, Pages 257 through 261 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. A'I'FEST:Ci~La-~RK 7~. Approved by City Attomey's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this q H~ day of _F~.~_,- , A.D. 19 77 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Naomi J. Novick and Madan K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ~7-.~, adopted by the City Council on the Z ~.L day ~ , 19 c/7 and that the said Naomi J. Novick and Madan K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab\920-7rel.doc Notary Public in and for Johnson County, Iowa Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. 97-389 RESOLUTION ACCEPTING THE WORK FOR THE WYLDE GREEN ROAD SANITARY SEWER PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the Wylde Green Road Sanitary Sewer Project, as included in a contract between the City of Iowa City and Maxwell Construction, Inc. of Iowa City, Iowa, dated July 15, 1997, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 9th day of December ,1997. MAyO R'~'~(,/~' Approved by ity ttorney's ce It was moved by [Lehman and seconded by Vander'hoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: X X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pweng\wyldegrn.res CITY OF I0 WA CITY ENGINEER'S REPORT November 26, 1997 Honorable Mayor and City Council Iowa City, Iowa Re: Wylde Green Road Sanitary Sewer Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Wylde Green Road Sanitary Sewer Project has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required performance and payment bonds are on file in the City Clerk's Office. The final contract price is $438,265.76. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E. City Engineer 410 EAST Vs'ASItlNGTON STREET * IOx3,'A ('11'~ , IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. 97-390 RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE BROOKSIDE DRIVE BRIDGE RECONSTRUCTION PROJECT (PROJECT NO. BRM-3715(5)--8N-52). WHEREAS, the Engineering Division has recommended that the work for construction of the Brookside Drive Bridge Reconstruction Project, as included in a contract between the City of Iowa City and Iowa Bridge and Culvert, Inc. of Washington, Iowa, dated June 17, 1997, be accepted, and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 9th day of December ,1997. MAyOR~'~'~(:~' :~ Approved by ATTEST:CiT~~ 7~. It was moved by Lehman and seconded by adopted, and upon roll call there were: City Attorney's Office Vandey-hnef the Resolution be AYES: NAYS: ABSENT: X X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pweng\brksdbdg.res ENGINEER'S REPORT CITY OF I0 WA CITY November 26, 1997 Honorable Mayor and City Council Iowa City, Iowa Re: Brookside Drive Bridge Reconstruction Project (Project No. BRM - 3715(5) -- 8N - 52) Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Brookside Drive Bridge Reconstruction Project (Project No. BRM - 3715(5) -- 8N - 52) has been completed by Iowa Bridge and Culvert, Inc. of Washington, Iowa in substantial accordance with the plans and specifications prepared by Shoemaker and Haaland, Professional Engineers. The required performance and payment bonds are on file in the City Clerk's Office. The final contract price is $189,457.95. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard A. Fosse, P.E. City Engineer 410 EAST WASHINGf ON SI'REEI' * I()XVA ('11"~, IOWA 52240-1826 * (319) 356-5000 '~ F4. X (319) 356-5009 Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 97-391 RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE WILLOW STREET RECONSTRUCTION PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the Willow Street Reconstruction Project, as included in a contract between the City of Iowa City and Metro Pavers, Inc. of Iowa City, Iowa, dated June 30, 1997 be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City Council of Iowa City, Iowa. Passed and approved this 9th day of December ,1997. MAYOR Approved by City Attorneys Office It was moved by Lehman and seconded by Vanderhoef adopted, and upon roll call there were: AYES: NAYS: X ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pwengVes\willowfn .doc the Resolution be ENGINEER'S REPORT CITY OF I0 WA CITY December 2, 1997 Honorable Mayor and City Council Iowa City, Iowa RE: Willow Street Reconstruction Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Willow Street Reconstruction Project has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required performance and payment bonds are on file in the City Clerk's Office. The final contract price is $388,941.86. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, ..'~ ~. ~. City Engineer 410 EAST ~.¥ASIIIN(;TON STREE] * IOV, A ('I'IY, IO~NA 52:Z40-1826 · (319) 356-5000 · FAX 1319) 356-5009 City of Iowa City MEMORANDUM Date: December 4, 1997 ~. ~(,¢U./XZ To: Steve Atkins From: Kim Johnson/~ Re: Agenda Items The following are costs associated with Capital Improvement Projects being presented for acceptance at the December 9th Council meeting: 1) Wylde Green Road Sanitary Sewer Contractor.' Maxweft Construction Co. · Estimated Construction Cost: · Bid Received: · Actual Construction Cost: $ 481,100.00 $ 477,785.0O $ 438,265.76 Brookside Drive Bridge Reconstruction Project Contractor: Iowa Bridge and Culvert, Inc. · Estimated Constructioin Cost: $ 158,000.00 · Bid Received: $ 183,129.90 · Actual Construction Cost: $ 189,457.95 Willow Street Reconstruction Project Contractor: Metro Pavers, Inc. · Estimated Construction Cost: · Bid Received: · Actual Construction Cost: $ 452,065.00 $ 388,163.50 $ 388,941.86 RESOLUTION NO. 97-392 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORM WATER MANAGEMENT EASEMENT AGREEMENT WITH BUNCHER CO. FOR PROPERTY LOCATED AT HEINZ ROAD AND HIGHWAY 6. WHEREAS, pursuant to Title 14, Chapter 5, Article H of the Iowa City, Iowa, City Code, the Buncher Co. submitted a site plan for a warehouse expansion at the existing development located on the east side of Heinz Road north of Highway 6; and WHEREAS, City staff has approved the site plan for the development area subject to the property owners entering into an additional Storm Water Management Easement Agreement to accomodate the stormwater runoff from the expansion; and WHEREAS, the easement agreement requires City Council approval; and WHEREAS, the execution of said easement agreement is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the additional Storm Water Management Easement Agreement with Buncher Co. for the property located on the east side of Heinz Road north of Highway 6. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above-referenced Easement Agreement in the Johnson County Recorder's Office at Buncher Co.'s expense. Passed and approved this 9th day of December ,1997. MAyOR'~ C7~, Resolution No. 97-392 Page 2 It was moved by Lehman and seconded by adopted, and upon roll call there were: VanclerhnPf the Resolution be AYES: NAYS: ABSENT: X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Sarah E. Holecek, Asst. City Arty., 410 E. Washington St., Iowa City, IA 319-356-5030 STORMWATER MANAGEMENT EASEMENT AGREEMENT This Agreement is made by and between The Buncher Company, (hereinafter "Owner") and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"). IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Owner hereby grants and conveys to the City, an easement for the purposes of installing, operating and maintaining storm water control facilities and storage areas otherwise known as a Stormwater Control Facility, over and across the area designated as "Stormwater Management Easement" (hereinafter "easement areas") as shown on the easement plat attached hereto as Exhibit "A", and incorporated herein by reference. The grant of this easement includes the dght of ingress and egress to the easement areas for the purposes of exercising any of the dghts granted herein. The Owner further grants to the City the following rights in connection with said easements: 1. The right to temporarily occupy the area on either side of the above-described easement area in order to grade said easement areas for the full width thereof. 2. The right from time to time, after notifying the Owner, to tdm, cut down and clear away all trees and brush on said easement areas and on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said facilities, or may interfere with the exercise of the City's rights hereunder in any manner. 3. The City shall indemnify the Owner against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, use or maintenance by the City or its agents or employees in the course of their employment. q. The Owner reserves a right to use said easement areas for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall or other structures; plant any trees, drill or operate any well; construct any obstructions on said easement areas; or substantially add to the ground cover of said easement areas. However, the parties agree that in the event the Owner desires to construct or erect a building, fence or other structure which may encroach into the above-described easement area, the parties agree that the easement granted may be terminated after the parties enter into a new, mutually agreeable, Stormwater Management Easement Agreement, and the above-referenced Stormwater Control Facilities, as properly designed in the opinion of the City, are relocated in order to accommodate the proposed expansion and construction. 5o Owner shall maintain the easement areas free from weeds and debds; shall in no event fill or permit the Storm Water Control Facilities to be filled in; and Owner also agrees to maintain its land so as to minimize erosion in and around said easement areas. 6. The Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. 7. After completion of the Storm Water Management Basin, the Owner and its successors and assigns shall thereafter maintain the facilities and easement areas in such condition as to facilitate the proper functioning of said facilities. The maintenance shall include maintaining and mowing the groundcover over the areas adjacent to the basin and keeping the basin and its conduits free of debris. The City shall have no obligation for maintenance of the Facilities or the easement areas. However, the City shall have the right, but not the obligation, to enforce the terms of this agreement, including, but not limited to, the right to perform emergency repairs, conduit cleaning, reconstruction or maintenance on the facility at the Owner's expense without notice. 8. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Owner be deemed acting as the City's agent during the odginal construction and installation of said improvements. The parties agree that the obligation to install the public improvements herein shall be in accordance with City specifications, and the obligation shall remain on the Owner until completion by the Owner, and until acceptance by the City, as provided by law. This Agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. DATED this "'/"/~ day of -0 P_~--,-,/3,~ ,--- , 1997. CITY OF IOWA CITY, IOWA Marian~'. Karr, City Clerk THE BUNCHER CO PANY BY: --._ ~" ~ , Presi nt ATTEST: ~~/'~~t COMMONWEALTH OF PENNSYLVANIA ) )SS: ALLEGHENY COUNTY ) On this ~/Zday of~ra~, 1997 before me, the undersigned a Notary Public in and for the Commonwealth of Pennsylvania, personally appeared~j. ~L-~ST~I~/and~A~r~ ~~, to me personally known, who being by my duly sworn did say that they are the President and Secretary, respectively, of the corporation executing the within and foregoing instrument, that (no seal has been procured by the (the seal affixed thereto is the seal of the) corporation; that said instrument was signed (and sealed) on and that t 5 / ~Yr~ ~u~'~ as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. C~o~a~ ~' ~ · ' ' f he STATE OF IOWA ) )SS JOHNSON COUNTY ) NOTARtAL SEAL Ruthcarol H. Neff, Notary Public pittsburgh, Allegheny County, PA My Corrtmsssion Expires May 20. 1999 On this ~} ~ day of D ece~et , 1997, before me, the undersigned, a Notary Public for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, who being' by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of said municipal corporation; and that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council, as contained in Resolution No.~'l-j{~of the City Council on the ~A day of ~e,~ , 1997; and that the Naomi J. Novick and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. ._~~'~'b Notary Public in and for the State of Iowa Q u~ , ,.,,r I" I','JUt,. ,~',,C~t;'?:Pg(~OI,JI9 ~ ~::ale ~ ;C/d I [,,kite: Q~,/1'9iI't91 r i,l'~e: 08: ~'4 I STORM~/ATER MANAGEMENT EASEMENT - EXHIBIT "A" THE BUNCHER CORPORATION IOWA CR'Y, ,KIllSON COUNTY, IOWA SHI ,HATTEHY RESOLUTION NO. 97-393 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A DRAINAGE EASEMENT AGREEMENT WITH JIM AND ANNE MURRAY FOR PROPERTY LOCATED AT 2007 WATERFRONT DRIVE, IOWA CITY, IOWA. WHEREAS, pursuant to Title 14, Chapter 5, Article H of the Iowa City, Iowa, City Code, Ed Sobaski submitted a site plan on behalf of owners Jim and Anne Murray for a development located at 2007 Waterfront Drive, Iowa City, Iowa; and WHEREAS, City staff has approved the site plan for the development area subject to the property owners entedng into a Drainage Easement Agreement to accommodate the drainage of stormwater from the development and to preserve the subject drainage channel as a component of the area drainage system; and WHEREAS, the easement agreement requires City Council approval; and WHEREAS, the execution of said easement agreement is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the Drainage Easement Agreement with Jim and Anne Murray for property located at 2007 Waterfront Drive, Iowa City, Iowa. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above-referenced Easement Agreement in the Johnson County Recorder's Office at Jim and Anne Murray's expense. Passed and approved this 9th day of December ,1997. Appr ,ed b MAYOR ;2'/~(~, '~~ ATTEST: C~ ~' Resolution No. 97-393 Page 2 It was moved by Lehman and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Sarah E. Holecek, Asst. City Arty., 410 E. Washington St., Iowa City, IA 319-356-5030 DRAINAGE EASEMENT AGREEMENT This Agreement is made by and between Jim and Anne Murray, husband and wife, (hereinafter "Owner'), and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"). NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City, a 1918.62 square foot exclusive drainage easement for the purposes of excavating for and the construction, installation, replacement, repair, maintenance, removal, operation and use of such existing and future dp rap, erosion material and devices, drainage lines, pipes, mains, tiles and conduits as the City shall from time to time elect for conveying storm water together with all necessary appliances and fittings for use in connection with said lines and adequate protection thereof and also a right--of-way with right of ingress and egress thereto, over and across the entire portion of the 1918.62 square foot drainage easement area as depicted on the Drainage Easement Plat attached hereto as Exhibit "A" and incorporated by reference herein (hereinafter "easement area"). Owner further grants to the City the following rights in connection with the drainage easement: 1. The right to grade said easement area for the full width thereof, and the right to extend the cuts and fil!s for such grading into and on said land along and outside of said easement area, to such extent as the City. may find reasonably necessary. However, the parties hereto acknowledge and agree that if upon the exercise of any of its dghts hereunder, the "elevated wooden walkway with wooden railing" as depicted on the Exhibit "A" is damaged and/or disturbed, the City shall substantially restore said walkway to its pdor condition. 2. The right from time to time to trim, cut down and clear away all trees and brush on said easement area and on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to the drainage lines and/or structures, or may interfere with the exercise of the City's dghts hereunder in any manner. 3. This easement shall be exclusive of other utilites and/or uses. However, other utilities may cross the easement area at dght angles to the installed drainage structures and/or piping, provided such crossing does not interefere with any such installations and/or the City's dghts hereunder. The City shall indemnify the Owner against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, use or maintenance dghts by the City or its agents or employees in the course of their employment. The Owner reserves a dght to use said easement area for purposes which will not interfere with the City's full enjoyment of its dghts hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall or other structures; plant any trees, ddll or operate any well; construct any obstructions on said easement area; or substantially add to the ground cover of said easement area beyond that encroachment resulting from the location of the elevated wooden walkway with railing as depicted on the Drainage Easement Plat attached hereto as Exhibit "A". The Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful dght to convey it or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the odginal public improvements at issue in this easement agreement. This easement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. All covenants shall be deemed to apply to and run with the title to the land. SIGNED this {/? '/~ day of ~ (_?ZO~'J ~'r" , 1997. Approv by: Jim and Anne MUrray, Owners BY: i~m'M~u y'~~-~ rraM BY: ~AA~n/~Mu~a~ CITY OF IOWA CITY, IOWA BY: ' ' BY: ~rian K. Kay, CiW Cle~ STATE OF IOWA ) )SS: JOHNSON COUNTY ) ~ 1997, before me, the undersigned, a Notary Public in On this / ~/c~'ay of , and for said State, personally appeared Jim Murray and Anne Murray, husband and wife, to me personally known, who being by me duly swom did say that they are the individuals named in the within and foregoing instrument, that said instrument was signed by each of them individually; and that each of them acknowledged the execution of the foregoing instrument to be their voluntary act and deed. by it and by them volunt~ ~ ......... ol ~ Notary Public in STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~'~'~ day of ~',~,~-~,~,- , 1997, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Madan K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively of said munidpal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation;' that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Naomi J. Novick and Madan Ko Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. " lic in and fo;'t't't~e State of Iowa sarah~landuse\drain3. eas I / I I / I I I # / / I / / / ,, ,' iI' I # ; //,,, = ()5-51°06'' R = ~958.50' I = 100.1()'-, I. := 2~0.02' % C~I -- 199.95' N1g'55'49"E ",1 \, ....... _~._/ I ; / / ; I' I / I ; / I ; I t 589'21 '32"E % 10.50' ' ~ S61'49'45"~N S18'54'20"W ~7.30' r,,3 S00'38'35"W lzl.2_R' I I 2'01 "E --15.51' (, ll"f (:::Z= IgYVA &IT \f YVARRANIY ~ N89'21'5:-"~ 218.2~' POINT 5;~ DC©INNIN© _ELEVAIEP WO6FF_N YVAL. I~,YVAY ,~-,W__,,,mN WOg:'P_N PAlLINe / // VVAP, P-ANI)' IPP:l=P II t ~-19.61 Sf~l 'Off 38" W / PRS~RIET~:2P--,: ANN MURRAY / / / / / / / ! _ . / Y EXHIBIT "A" I I f I f : I : I LEGEI',-J 0 - D AI-JD NOTES CON(~ESSIONAL CORNER. FOUND CON(~ESSIONAL CORNER, REESTABLISItEO CON(~RESSIONAL CORNER, RECOROED LCCA11ON PROPERTY COh!NER(S). FOURD PROPERTY CORNERS SET (5/B' Iron PI, w/LS Cap) - PROPERTY &/or BOUNDARY LINES CONGRESSIONAt SECTION LINES -- - RIGIll--OF-WAr LINES CENTER LINES - LOT UNES, IN~ERNAL ........... LOT LINES. PLATTED OR BY DEED ............. EASEMENI LINES. V~nDTH & PURPOSE NOIED ......... EXISIING EASEMENT LINES. PURPOSE NOTED - MEASURED DIMENSIONS C22-1 - CURVI~ SEGMENT NUMBER UNLESS NOIED OIHERV~S[, AI.I. DIMENSIONS ARE IN FEET AND HUNDRETHS ERROR OF' CLOSURE IS LESS IttAN 1 FOOT IN 20.000 FEET UT1LIIY EASEMENTS SHALL INCLUDE ALl PLATTED RIGHT-OF-WAYS AND ARE PRO'vIDEO FOR GAS. ELECTRICITY. 1ELJEPHONE, T.V. CABLEVISION, SANITARY SEVVmZRS, WATER MAINS. AND STORM SEv%,~.R DRAINAGE. NdRII1YVEST C69P-,NER L47F I, pLZTf_J<, '7, -t~RAVI=_RMAN CENFER Jglllxlt:x';tq (x2dN FY REd:/?F',F,~R'6 L2::Fh'SE '2 ,/r--X2UFI1 LINE ~i_gg-F,, 7 / t~RAVERMAN ~ENFER . / , / , / // ~AMES E. {?~%0~ °°.. 13287 .o°° DRAII,IAGE EASE:Mt-.I I I' Commencing at Ihe Northwest corner of Lot t, Block 7. Braverman Center. to Iowa City, Iowa, recorded in Plat Book 8. at Page 69 in the records of the Johnson County Recorder; Thence N89'21'32"W, 218.28 feet to the Point of Beginning; Thence S18'56'24'W. 45.28 Ieet; Thence S6l'49'45"W, 3.63 feet; Thence S18'34'20"W, 17.50 feet; Thence S00'38'55"W. 14.28 feet; Thence S20'10'54"W, 66.65 feet; lhence S29'03'44"W. 39.10 feet:; Thence S55'42'01"E, 1551 feet Io o point on the Southerly line of a trod of land recorded jr, Deed Book 2248 at Page 172 of said Recorder's Office; Thence S81'06'58"W along said So,~therly line. 22.30 feet to the Southwest c~ner of said hoct and the Easterly Right-oI-Woy li,e of Um Cedar Rapids and Iowa City Railroad; [hence Northeasterly dang said Rigbriar-way and an arc of o 1958.50 foot radius curve. concave Northwesterly, whose 199.93 foot chord bedis NI9'55'49'E. to the Northwest corner of said trod; lhence S89'21'32"E along the Northoily line of said tract, 10.50 feet to said Point of Beginning. Said easement contains 004 atlas (1918.62 square Iee0 ar, d is subject to eosemenls and restrictions ol record. I hereby certify that this plat piepored by rne or under my direct personal supervision. is a correct representotiorl of the survey made with oil corners marked as indicated. and that I am o duly licer,sed Land Surveyor under Lhe lows of the State of Iowa. Notory Public, in &: for the State of Iowa. ..... 1997 , ~ !~ 9aTe: JEL iFleld Book h 1 '= 2 '1 ProJ~tc! NUm ~ 4905-( Prepared by: Madan Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319)356-5041 RESOLUTION NO. 97-394 RESOLUTION APPROVING THE BY-LAWS OF THE POLICE CITIZENS' REVIEW BOARD WHEREAS, the City Council of the City of Iowa City, Iowa passed Ordinance No. 97-3792 establishing a Police Citizens' Review Board for the City of Iowa City, Iowa; and WHEREAS, the Police Citizens' Review Board reviewed and unanimously adopted the by-laws and; WHEREAS, it is in the public interest to adopt by-laws which guide the procedures and actions of the commission; and WHEREAS, the proposed by-laws have been reviewed by the Council Rules Committee, and are recommended for adoption. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, THAT: The by-laws of the Police Citizens' Review Board, attached hereto and incorporated by reference herein, are approved and adopted by the City Council. Passed and approved this 9th day of December , 1997. ATTEST: ';I~L%'~~RK CI It was moved by Lehman and upon roll call there were: MAYOR clerk\res\bylawsPC ,wp5 A ve b P~~ ! ~-~-~ 7 City Attomey's Office and seconded by Vanderhoef the Resolution be adopted, AYES: NAYS: ABSENT: X X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef <'f/oo IOWA CITY POLICE CITIZENS' REVIEW BOARD BY-LAWS BY-LAWS IOWA CITY POLICE CITIZENS' REVIEW BOARD ARTICLE I. AUTHORITY: The Iowa City Police Citizens' Review Board (PCRB) shall have that authority which is conferred by Ordinance No. 97-3792 of the City of Iowa City, Iowa and through the adoption of these by-laws stated herein. ARTICLE II. PURPOSE: The purpose of the by-laws stated herein is to provide for the general welfare of the citizens of Iowa City by establishing a Police Citizens' Review Board to advise the Police Chief, City Manager and City Council on matters pertaining to the policies, practices and overall performance of the Iowa City Police Department. Further, in an effort to assure the citizens of Iowa City that the Iowa City Police Department's performance is in keeping with community standards, this Board is created to review investigations into complaints of police misconduct to insure that such investigations are conducted in a matter which is fair, thorough, and accurate, and to maintain a central registry and to provide City Council with an annual report on all such complaints. ARTICLE III. MEMBERSHIP: Section 1. Qualifications. The Police Citizens' Review Board shall consist of five (5) members appointed by the City Council who shall be eligible electors of the City of Iowa City, Iowa and shall meet the criteria contained in Chapter 8, City Code, City of Iowa City, Iowa. Appoint- ments to the Board shall include one current or former "peace officer" as that term is defined by state law. The City Council may waive the residency requirement for good cause shown and may waive the requirement that the Board include one current or former "peace officer" for good cause shown. Section 2. Compensation. Members shall serve without compensation, but may be reimbursed for expenses incurred for travel outside the city on designated Board business. Such expenses must be submitted to the City Manager for approval and reimbursement. Section 3. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the ordinance creating the Police Citizens' Review Board, the written policies of the Iowa City Police Department, the PCRB by- laws, open records law, open meetings law and other documentation that would be useful to Board members in carrying out their duties. They shall also be given an orientation briefing by the appropriate City staff and the Board as is deemed appropriate. Section 4. Absences. Three consecutive unexplained absences of a Board member from regular meetings may result in a recommendation to the City Council from the Board to discharge said member and appoint a new Board member. Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-term illness, disqualification or removal shall be filled by the City Council after at least 30 days public notice of the vacancy. Section 6. Terms. Members shall be initially appointed for staggered terms as outlined in Chapter 8, City Code, City of Iowa City, Iowa. Thereafter, Members shall be appointed for terms of four years, with terms expiring on May 1. If a position becomes vacant by reason of resignation or otherwise, and results in an unexpired term of six months or less, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term, but also through a subsequent regular term. Section 7. Resi.qnations. Resignations shall be submitted in writing to the Mayor with a copy to the City Clerk and the Chairperson of the Board at least 30 days prior to the date of intended departure. ARTICLE IV. OFFICERS: Section 1. Number. The officers of this Board shall be a Chairperson and Vice-Chairperson, each of whom shall be elected by the members of the Board. Section 2. Election and Term of Office. Officers of the Board shall be elected by a majority of all members as soon as practicable after formation of the Board, and thereafter annually at the first regular meeting in October each year; if the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as is convenient. Section 3. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or other cause shall be filled by the members for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, appoint committees, call special meetings and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Section 5. Vice-Chairperson. In the absence of the Chairperson, or in the event of death, inability or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLE V. BOARD MEETINGS: Section 1. Reqular Meetinqs. At least one (1) monthly meeting shall be held. Special meetings may be called by the Chairperson and shall be called by the Chairperson or Vice Chairperson at the request of three or more Members of the Board. At least one (1) full day's written notice of meeting place, time and agenda shall be given each Member and the media. Insofar as possible, only matters included on the agenda may be discussed and formal votes taken. Care shall be taken to avoid discussion of non-agenda items. 3 Section 2. Quorum. A majority of the members of the Board shall constitute a quorum at any meeting. Section 3. Place of Meetin.qs. All meetings shall be held in an accessible City facility. Section 4. Notice of Meetinqs. Notice of meetings shall be required; meetings may be called upon notice not less than twenty-four (24) hours before the meetings unless such notice is impossible or impracticable, in which case notice shall be provided as outlined in the Iowa Code. The news media shall be notified by staff. Board meetings shall be public except where provided in the Iowa Code. Section 5. Proxies. There shall be no vote by proxy. Section 6. Public Discussion. Time shall be made available during all meetings for open public discussion. Section 7. Motions. Motions may be made or seconded by any member of the Board, including the Chairperson. Section 8. Exparte Contacts. A member who has had a discussion of an agenda item outside of a public meeting with an interested party shall reveal the contact, name the other party and share specifics of the contact, copies if in writing or a synopsis if verbal. Section 9. Conflict of Interest. Members who believe they have a conflict of interest on a matter about to come before the Board shall state the reason for the conflict of interest, leave the room before the discussion begins, and return after the vote. Section 10. Votinq. A majority vote is required for adoption of any motion, except for a motion to close a session as provided for in the Iowa Code. Upon request, voting will be by roll call and will be recorded by yeas and nays. Every member of the Board, including the Chairperson, is required to cast a vote upon each motion. A member who abstains shall state the reason for abstention. Section 11. Roberts Rules of Order. The rules in the current edition of Roberts Rules of Order Newly Revised shall govern the Board in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules or order the Board may adopt. ARTICLE Vl. GENERAL AND LIMITED POWERS AND DUTIES: The Iowa City Police Citizens' Review Board shall have the powers and duties set forth in Chapter 8 of the City Code of Iowa City. 4 VII. PUBLIC RECORDS; EXCEPTIONS Section 1. All records of the Board shall be public, except: (a) Complaints, reports of investigations, statements and other documents or records obtained in investigation of any complaint shall be closed records unless a public hearing is held or a contrary determination is made by Counsel to the Board pursuant to the provisions of the Iowa Code. (b) The minutes and tape recordings of any session closed under the provisions of the Iowa Code shall be closed records. (C) No member of the Board or of its staff shall disclose information protected by the Iowa Open Records Law or the Iowa Open Meetings Law. Nothing in this provision shall prevent the Board from releasing such information concerning alleged or acknowledged practices to the Iowa City City Council, the City Manager and/or Chief of Police, either in the form of its required annual report or otherwise. This section does not prevent any complainant, witness or other person from publicizing the filing of a complaint or the matter therein complained of. Violation of these provisions by a member of the Board or its staff shall constitute grounds for removal. (d) Mediation matters are protected from disclosure by the Iowa Code. ARTICLE VIII. CONDUCT OF BOARD BUSINESS: Section 1. A.qenda. The Chairperson, or a designated representative, together with staff assistance shall prepare an agenda for all Board meetings, Agendas are to be posted at least 24 hours before the meeting and shall be sent to Board members and the media prior to meetings. Copies will be available to the public at the meeting, Section 2. Minutes. Minutes of all meetings are to be prepared and distributed to Board and City Council members. Specific recommendations requiring Council action are to be set off from the main body of the minutes and appropriately identified. Section 3. Review Policy. The Board shall review all policies and programs of the City relating to the Board's duties as stated herein, and make such recommendations to the City Council as are deemed appropriate. Section 4. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Board by the City Council. The Board will initiate consideration of each item at the next regular Board meeting and shall notify Council of its disposition. 5 Section 5. Annual Report. An annual report detailing the activities of the Board shall be prepared by the Chairperson, approved by the Board, and submitted to the City Council. ARTICLE IX. SUBCOMMITTEES: The subcommittees of this Board including composition, duties, and terms shall be as designated by the Chairperson. ARTICLE X. AMENDMENTS: These by-laws may be altered, amended or repealed, and new by-laws adopted by an affirmative vote of not less than three members of the Board at any regular meeting or at any special meeting called for that purpose. Amendments shall become effective after approval by the City Council. December 2, 1997 g:\....\legal~sarah\bylaws2.prb Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 RESOLUTION NO. 97-395 CONSIDER A RESOLUTION APPROVING, AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST, A MEMORANDUM OF AGREEMENT AMONG THE U.S. ARMY CORPS OF ENGINEERS, ROCK ISLAND DISTRICT; THE IOWA STATE HISTORIC PRESERVATION OFFICER; AND THE CITY OF IOWA CITY, IOWA; REGARDING CONSTRUCTION METHODS FOR THE IOWA RIVER POWER DAM IMPROVEMENTS TO TAKE INTO CONSIDERATION THE EFFECT OF THE CONSTRUCTION ON THE IOWA RIVER POWER DAM WHEREAS, The Rock Island District of the U.S. Army Corps of Engineers (COE) has determined that issuance of Department of the Army Permit No. CEMVR-RD-316170 for construction of the Iowa River Power Dam Improvements within the COE Permit Area will have an effect upon a property eligible for inclusion in the National Register of Historic Places; and WHEREAS, Pursuant to 36 CFR Part 800, the COE and the City have consulted with the Iowa State Historic Preservation Officer (SHPO), regarding regulations implementing' Section 106 of the National Historic Preservation Act (16 U.S.C. § 470f), and the COE, the City, and the Iowa SHPO agree that the Project undertakings shall be implemented in accordance with certain stipulations in order to take into account the effect of the Project on the historic Iowa River Power Dam; and WHEREAS, The attached Memorandum of Agreement contains terms which satisfy 36 CFR Part 800, the regulations implementing Section 106 of the National Historic Preservation Act (16 U.S.C. § 470f), as well as other requirements for the issuance of necessary permits; and WHEREAS, the execution of said Agreement by the City of Iowa City is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The terms and conditions contained in the Memorandum of Agreement among the U.S. Army Corps of Engineers, Rock Island District; the Iowa State Historic Preservation Officer; and the City of Iowa City, Iowa; regarding the Iowa City Power Dam Improvements attached hereto and incorporated herein is hereby approved as to form and content. The Mayor is authorized to execute, and the City Clerk to attest, the attached Memorandum of Agreement for and on behalf of the City of Iowa City. Resolution No. 97-395 Page 2 Passed and approved this 9th day of D~c~mh~r · 1997. Sarah/landuse~irpmoare.doc MAYOR Resolution No. 97-395 Page 3 It was moved by Lehman and seconded by adopted, and upon roll call there were: Vande~'hoef the Resolution be AYES: NAYS: ABSENT: X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef MEMORANDUM OF AGREEMENT AMONG THE U.S. ARMY CORPS OF ENGINEERS, ROCK ISLAND DISTRICT; THE IOWA STATE HISTORIC PRESERVATION OFFICER; AND THE CITY OF IOWA CITY, IOWA; REGARDING THE IOWA RIVER POWER DAM SUBMITTED TO THE ADVISORY COUNCIL ON HISTORIC PRESERVATION PURSUANT TO 36 CFR 800.6(a) WHEREAS, the Rock Island District Corps of Engineers (COE) has determined that issuance of Department of the Army Permit No. CEMVR- RD-316170 for development of the Iowa River Power Dam, located in the NW ¼, SE ¼, SE ¼ of Section 5, T79N, R5W on the Iowa River, within the city limits of Iowa City; will impact a property eligible for inclusion in the National Register of Historic Places under Criteria A, C, and D; 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. 407f); and WHEREAS, the City of Iowa City (CITY) has participated in the consultation and has been invited to concur in this Memorandum of Agreement; NOW, THEREFORE, the Corps of Engineers, the SHPO, and the CITY agree that the proposed construction shall be implemented in accordance with the following stipulations in order to take into account the effect of the construction on the Iowa River Power Dam. Stipulations The Corps of Engineers will ensure that issuance of Department of the Army Permit No. CEMVR-RD-316170 is withheld until this MOA has been signed by all parties. Prior to the alteration or demolition of any part of the historic Iowa River Power Dam, the CITY shall implement a mitigation plan for documenting the historic structure that is consistent with the Secretary of the Interior's Standards and Guidelines for Architectural and Engineering Documentation contained within the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation (Federal Register, Thursday, September 29, 1983). The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings will also provide guidance for treatment and documentation of the historic property. All work called for in Stipulation 1 will adhere to HABS/HAER Documentation Level II requirements as set forth in the Secretary of the Interior's Standards and Guidelines for Architectural and Engineering Documentation (48 FR 44730-44734; Appendix A) and the HABS/HAER Treatment Manual (Historic American Buildings Survey/Historic American Engineering Record) prepared by the National Park Service (Washington, D.C., 1980). All work called for in Stipulation 1 will be conducted under the supervision of an his. torian or architectural historian who meets, at a minimum, the professional qualifications standards set forth in the Secretary of the Interior's Standards and Guidelines (62 FR 33712- 33714; Appendix B), and who has knowledge and requisite experience in relevant architectural and engineering documentation. The CITY will provide recordation personnel with adequate access to the dam and access to the interior features of the historic structure as they become revealed during the construction work. A draft report meeting current professional standards will be submitted to the SHPO for review approval, and to the COE for review and comments. Prior to beginning any work that may be authorized under Department of the Army Permit No. CEMVR-RD-316170, the CITY shall provide the COE with documentation in the form of a letter signed by the Iowa SHPO on official letterhead. The SHPO letter must cite this MOA and clearly state that all of the actions and requirements set out in these stipulations have been met. All architectural and engineering documentation, including photographs, negatives, maps, drawings, and research notes will be retained by the CITY or its consultant until the documentation report and products have been accepted by SHPO. Upon completion of the documentation, the CITY shall ensure that all records and documents resulting from the documentation program are deposited with the State Historical Society of Iowa. Copies of final reports of documentation will be supplied to the SHPO. Within 30 days of completion of the activities covered by this permit, the CITY shall afford the SHPO the opportunity to re-evaluate the property as rehabilitated and reconstructed and make a determination as to its continued eligibility for the National Register. 10. If any of the signatories to this Memorandum of Agreement determines that the terms of the agreement cannot be met, or believes a change is necessary, the signatory shall immediately request the other parties consider an amendment or addendum to the agreement. Such an amendment or addendum will be executed in the same manner as the original Memorandum of Agreement. Within 90 days of carrying out the terms of the Memorandum of Agreement, the CITY shall provide a written report to all signatories to the agreement 'on the actions taken to fulfill the terms of the agreement. Execution of the Memorandum of Agreement by the COE, the SHPO, and the CITY; its subsequent acceptance by the Advisory Council on Historic Preservation, and the implementation of its terms evidence that the COE has afforded the Council an opportunity to comment on the undertaking and its effects on historic properties and that the COE has taken into account the effects of the undertaking on historic properties. ROCK ISLAND DISTRICT CORPS OF ENGINEERS V. Mudd, Colonel District Engineer, U.S. Army Corps of Engineers Coiltilt: CITY OF IOWA CITY By: ~a3~.;C~, ~~ Date: on Historic Preservation Date: Appendix A Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation 48 FR 44730-44734 Federal Register, Thursday, September 29, 1983 44730 Federal often secondary sources are most valuable for gathering background information. whde pr=mary sources ate more useful to gather or cdnfirm specific f,:,cls. '['he documentation goals may not require exhaustive investigation of sources. such as deed records or building permits. Research may be kept cost-effective by making careful decisions about when to use particular sources, thereby limiting the use of time- consumjn8 techmques to when - absolutely necessary. Decisions about when to gather in/ormalion may also affect Ihe quality of informalion that can be gathered. When dealing with large project areas where loss of many properties is anticipated. it is important to galher information from local archival sources and oral histories before project activities destroy or disperse family or cummunily records and res. idenls. Analysis o[ the accuracy and biases of source materials is cr~ljcal in analyzing the information gelhated from these sources. Maps. historical atlases and insurance maps should be assessed like written records for errors. biases and omissions: for example. some map source,,, may omit structures of a temporary nature or may nol fully depict ethnic or mmoriiy areas. L~kev.=se. building plans and archneclural renderings may not reflect a structure as iI was actually built. Analysis: Analysis should not only focus on the issues defined in the research design. but should also explore major new issues identified during the course of research or analysis. The documentation gelhated may raise ~mporlanl issues nul prevIOusly cunsidered. and furlher :.nvesligation nl;,y be :mportanl. particularly when cnntradmlory information has been ~,Ihered. it is lmport:-,nl to examine implications of these new issues to ,'nsure Iha/they are in'.,esligaled in a t:,,L~nced way. QuJ.s2ions th;~t shouJd be considered =n .,nulyzing the mforn~.~laOn Include: I }h~S enough Inforn:..steon been ~.,lh,,red Ioar. wsur ~he questions thai ~vere pnsed? 2. Do the answers rnntradict one · ,m~fi~er? If so, it may be necessary to :,l',,'rr.:h for more e,, Idanee. If no · -,ddi:ional evidence ~s availabIe. jt,d~n'~ents must be b~::;ed on the Hvalh-,ble sources. wezghing their biases. ConRit:zs of source materu~ls should be nuled. Jn general. the more the researcher ~nows about the general historical period and setting. and ]im~tdlions of lhe source materia]s under mvesti~ation. the heifer the individu,~l is prepared to Register / Vol. 40. ,,,u. Igc) / Thursday, Seplember 29, 1983 / Nc,!i<:es evaluate Ihe information found in the documentary sources investigated. Peer review or consultation wilh other knowledgeable indivlduaZs about the information and the tenlative conclusions can be an important part of Ihe analysis. Integrating Res,:hs The results of documentation musl be integrated into the planning process so thai planning decisions are based on lhe best/vailable informal/on. The new information is tint assessed against the research design to determine whether the ~a_~hered informalion meets the defined objectives of the research. Then the relevant historic contexts. property types, and treatment goals for those contexts are all adjusted. as necessary. based on the historical documentation rosa]Is. Reporting Res,.]ts Reports should contain: 1. Summaries of t.he purpose of the documentation. the research design and reelhods and techniques of investigation. 2. Sources of facts or analyses so that olher researchers can locate the ~nformation in ~:s original context. Notation of any conflicts in source materials and how the individual performing the documentation interpreted these conflicts. 3. Sources consulted. including those expected to contain useful information and those that contained no information about the property(s}. 4. Assessment of lhe accuracy. biases and hislorical perspective of all sources. This information and that identified in .",'o. 3 may be provided jn an annotated b~bliography. 5. Discussion of major analyses and results. including conclusions regarding all major research issues identified in the research design, as well as important issues raised in the course of research. The analysis should be summarized in terms of ils impact on mlerpretating the property's significance and expanding or altering lhe k~owJedge about the property and its context. 6. Researchers' m'.erpretation of historical events or trends. These in:e."pretations should be dearly ;duntilted. Primary resuhs shou!d be preser~,ed and made accessible in some manner. ~dthough they need not necessarily be contained in the report. At a minimum. the report should reference the location rd holes and analyses. Results of hislorice] documentation should be made available for use in preservation plann~n8 and hy the general public. Report formats may depending on Ihe aud,ence and Ihe anticipated uses of lhe ducum~ntal~un. but professionall)' accepled rules of report writing should be fc~ZIowed. If reports are of a ~echnic~l nalure. format of the major scienhfic journal of the pertinent discipline may be the most appropriate format. Peer review of draft reports is one means of ensuring that state-of-the-art lechnicat reports are produced. /le,ommended Sourd's uf 7~'~ /tl.fuF~ah'oR ~arhs. American Fotkhfe C~mer. Wa~hmglon. D.C.. ~979 Ordinary P~opl~ and E~,.r} day Lz[e,' P~r~p~C'll~)' OR fh~ N~w bu~ iu/ J~me. B. C~rdnee ~nd G~or~ Rolhe A~.ms. edilorn, American As~oc,uhon for St.to Loc.l Hislo~. N~s,hvlHe. T~nncsscc. ~83. Th~ Procc~'$ o[ F~e/d R~earch, C~rl Fle=schh~uer and Cha:ies K. Wolfe. Amenc.n Folklife Cen~er. Washmg~an. D C.. Re$ea~h/n~ Henlc~e ~u:/dm~$. Secreta~ of ~e Interior's Standards for Architectural e:d Engineering D~entation These s~andards concern development of documentation for hisloric buildings. sites, s:rucxures and objects. This doc~mentat:nn, which usually consisls of measured drawzngs. pho~ographs a~ wri==en da~a. provides important informa~:~ ~n a propcrzy's significance for use by researchers. preserva.on,~ts. engineers and others imeres~ed ~n preserving and understanding h~slonc properties. Documental=un accurale repair or raCOR~IFUCIlO~ 0f p~ns of a property, records conditions for ~asem~nl~. ~r may preserve informaljan ~bo~t ~ruperty These S~and~rds ~:e :r.t~C,:d for ~s~ m developing d~umer,:~:.n to ~e inc~uded in the }{~s~r:c Building Survey [ti.~USJ -:~ ~he American Engineering Rec.r~ [11AER} Collect~ons in the L:br.ry of Con~re~s. ~{ABS/HAER, in the Nutjava] P. rk Service. have der~ed ~pecff~c requirements for mee~jng S~andards for their coilec,ons The fIABS/HA~ requirements include information imporlan{ ~o dcveJupn~.t documemadon for other p~rpuses such as Slale or local archives Federal Register / Vol. 48. 5:c',~dc:"J 1. DelCutllcntn(;otl 4 dequc,,e.~y £.~pl~nte add lfiustrote ;V,~ct ,s S/~,mficonz or Veluoble About ~,~e Hz'b'lorlc BudduTy. Silo. Slructure or Oh/act ~cmg Documented. The ~i~toric si~mf~cance of budding. si~e. ~lructure or objecl ~dentffied in the evah~ulion process ~hou[d be conveyed by the drawings.. pho~ogra~hs and other malarial9 that comprise documentation. The hi~lorica]. architectural. engineering o~ cutlural v~lues of the property togelh~ with the purpose of the documentation aclivi delermjne the level and melhod~ of documentation. Documentation prepared for submjssion l~lhe Library of Congress musl meet the HABS/HAER Cu~dehne~. S,,cnderd 1I. Documentolion Shall be Prepared Accurotely From Souses Wz'th Lz'mitotions C/early Stczed to Permit Independent ;'er:fzccHon of z,he l,~formotion. The purpose of documentation is to preserve an accurate record of historic propertie~ that can be used in research and other preservahon activities. To serve these purposes. the documentation musl include in/orm~lion lhal permjl~ Jssessmenl of its re/iabilily. Szcndord IlL Documentorion Shell Prepcted on Mez~rio,zs Thor ore Readily Reproduchble. Durable end in Standard The size and quah~t of documentation m.letial~ are ~mporlanl/actoH preservation of information for fulute - use Selection of m~teria~ should be bds~d on the ]englh o[ time expecled ~torage, the anhcipaled frequency of use .nd a s~ze convenient for Smndord 1 V. Documentction Short be c "t, er,zy end Conc;se/y hodurea. ]n order far documentation to be dscfd/or future research. written m.',~r[~[s must be legible and und~rsIandable, and graphic mateHa]~ must contain scale information and Secrelary o[ Ihe lateriot'6 G~del~e~ Archileclural and Documentation These Guidelines link the Standard~ for Architectural and Engineering Documentalton with more 9pacific guidance and technical infoaation. The/describe one approach Io merlin8 fi~e Slanderale for Archileclurel Engjneerin8 Documenlalion. Agenciem. urgamzatjone or individuah proporing ~o approach documentation differrally No. 190 / Thursday. September 2:9. 1983 / Notices 44731 may wi~h Io review Iheir approaches ,,,, ith Ihe National Park Servme. The Cuidelines are organized as follows: D~fmitlons Cue[ of Documentalton The HABS/HAER Collectiun~ Seendata I: Content ST.,ndard 11: Quality Stand,,rd IlL Meteria'.s Slandard IV: Pre.emalion Architectural and Engineering Documentanon Prepared for Other Purposes Recommended Sources of Technical lnform'a lion Def/n ic ion s These definitions are used in conjunction with Lhese Cuidelines: Architectural Data Form--a one page HAgS form intended to provide identifying informa tion for accompanying H..,.LBS documentation. Documentation--measured drawings. pholographs. histories, invenlory cards or other media that depict historic . buildings, sites, structures or objects. Field Photography--photography. other than large-format photography. intended for the put'pose of producing documentation. usua]Iy 35ram. Field Records--notes of measurements taken. field photographs and other recorded information intended fur the purpose of producing documentation. Inventory Card--a one page form which includes written data, a sketched sire plan and a 35ram coalact print dry- mounted on the form. The negative. with a separate coalact sheet and index should be included wi|h the inventory card. Large Format Photographs-- photographs taken of historic buildings. sjtes. structures or objects ,,,,'here zhe negative is a 4 X 5". 5 × 7" or 8 X ~O" size and where the photograph is taken with appropriate means to correct perspective distortion. Measured Drawings--drawings produced on FLAGS or HAER formats depicting existing conditions or other re'.evant features of historic buildings. s~es, structures or objects. Measured drawings are usua!]y produced in ink on · ,,.'-chivalJy ~table ma:eriaI. ouch as mylar. Phntocopy--A photograph. with large- format negative, of a photograph or drawing. Select Existing Drawings--<:lrawings of historic buildings. sites. struclures or obiects. whether original construction or laler alteration drawings that portray or depict the historic value or significance. Sketch Plan--e floor plea. generally not to exact scale altho, ugh often drawn from measuremonte, where the features are shown in proper rel,,:icn and proportion to one another. Coo] o/Documen:c:,,on The Historic American Survey [HABS} and Hisloric American Engineering Record [HAER} are the national hislorica] architeclural and engineering documentation programs of the National Park Service that promote documentation incorpor-ted into the I{ABS/HAER collections in the Librat.', of Congress- The goal of the collect ior, s is to provide arcMlects. engineers. scholars, and inleresled members of the public with comprehensive documentation of buildings. sites, structures and objects significant in American history and the growth and development of the buih environment. The HABS/HAER Collections: HAGS/ HAER documentation usually consi,,ts of measured drawings. photographs ~r.d written data that provide a detailed record which reflects a property's significance. Measured drawings and properly executed photographs act as a form of insurance a~;ainst fires and natural disasters by permitting the repair and. if necessary. reconstruction of historic structures damaged by such disasters. Documentalion is used to provide the basis for en/orcing preservation easement. In addition. documentation is often zhe last means of presen'ation of a property: when a property is to be demolished. ils documenlation provides Fu[ure researchers access to va!uable reformation lhat oI~crwise would be lost. t'I,'~E/HAER docum~n',ahon is developed in a number of ways. First and most usually, the Natiuna] Park Service employs summer teams Of student architects. engineers. historians and architectural historians to develop HABS/HAER doc,.~men:atlon under the supervision of Nat:ona! Park Sen'ice pro[essionals. Second. t~e National Park Service produces HABS/HA. ER documentation. in cor',jt.=c!ion with restoration or other preservation treatment. of historic b,Jlldmgs managed by the National Park Ser;'ice. Third. Federal agencies. pursuanl to Section ll0[b} of the National Historic Preservation Act, as amended, record those historic properties to be demolished or substantially abered 'as a result of agency aclion or assisted action (referred to as milig~tion projecls). Fourth. individuals and organizations prepare documental,on HABS/HAER standards and donate thai documentation to the HABS/HAER collections. For each of Ihcse 44732 Federal Register / Vol. -/0..%~. :'J.J / T!t.rsd.~./.-September :'9. 'l'Jt3..I / Nut:u,-~ dlfferen~ Documentslion Levels will be :sol. The Standards describe the fundamental principles.of HABS/HAER documentation. They are supplemented by other material describing more specific guidelines. such as line weights for drawings. preferred techniques for architectural photography. and formats for written data. This technical information is found in the HAaS/HAiR Procedures Manual These Guidelines include important information about developing documentation for State or local archives. The State Historic Preservation Officer or the State library should be consulted regarding archival requirements if the documentation will become part of thei~ collections. In establishing archives, the important questions of durability and reproducibility should be considered in relation to the purposes of Ihe collection. Documentation prepared for the purpose of inclusion in the HABS/FL r'LE.R collections must meet the requirements below. The HABS/HAER office of the National Park Service retains the right Io refuse Io accept docu. rnentation for inclusion in the HABS]HAER collections when that documentaUon does not meet HABS/HAF_.R requirements, as specified.below. Standard h COPIeD[ 1. Requirement.' Documentation shall adequalely explicate and illustrate what is significant or valuable about the historic building, site, structure or obiect being documented. Z. Cr/ter/a: Documentation shall meet one of the following documentation levels to be considered adequate for inclusion in the HA. BS/HAER collections. a. Documentation Level 1: (1) Drawings: a full set of measured drawings depicting existing or historic conditions. (2) Photo~aphs: photographs with large-formal negatives of axleriot and interior views: photocopies with large format negatives of select existing drawings or his:otto views where available. (3) Written data: hislory and description. b. Documentation Level Ih (1] Drawings: select existing drawings, where available, should be photographed with large-format negatives or photographically reproduced on mylar. (z) Photographs: photographs with large-format negatives of exterior and interior views, or historic views, where wailable. [3) Written dala: history and description. c. Documentation Level II1: (1) Drawings: sketch plan. (21 Pholographs: photographs with large-format negatives of exterior and interior views. (3.1 Written data: archilectural data form. d. Documentation Level IV: HAAS/ H.AER inventory card. 3. Test: Inspection of the documentation by H.A~S/HA..ER staff. 4. Commentary.' The HABS/HAER office retains the right to refuse to accept any documentation on buildings, site, structures or objects lacking historical significance. Cenera]]y, buildings. sites. structures or objects musl be listed in. or eligible for listin, g in the National Register of Historic Places to be considered for inclusion in the HABS/'~ collections. The kind and amount of documenta'jon should be appropriate to L,he nature and significance of the buildings, site, sLructu.re or object being documented. For example, Documentation Level 1 would be inappropriale for a buildjr~ Lhat is a minor element of a historic district, notable only for streetscape context and scale. A full set of measured drawings for such a minor building would be expensive and would add little, if any, information to the HABS/H. AER collections. Large format photography (Documentation Level lit) would usually be adequale to record the significance of this type of building. Similarly. the aspect of the property that is bein8 documented should reflect the nature and significance of the building. site, structure or object being documenled. For example. measured drawings of Dankmar Adler and Louis Sullivan's Auditorium Building in Chicago should indicate not only facades. floor plans and sections. but also the innovative structural and mechanical systems that were incorporated in that building. Large format photography of Gunston Hall in Fairfax County, Virginia. to take anon. her example. should clearly show William Buckland's hand-can.'ed moldings in the Palladian Room. as well as other views. HABS/HAER documentation is usually in the form of measured drawings, photographs, and written data. While the criteria in this section have addressed only these media, documentation need not be limited to them. Other media. such as films of industrial processes. can and have been used to document ]'Listoric buildings, sites, structures or obiect$. If other media are to be used, the HABS/HAER office should be contacted bufor. recording. The aclua] sejec!lon of ~he appropriate documenlat:on levPl vv:'.] vary, as discussed abo,.e. For m~IIguhon documentation projec!s, this be selected by ~he N'aliona] Park Ser~,!ce Regional Office and communicated the agency responsible for completing, the documenlalion. GeneraI]y. Level 1 documentalton is required for nationd!ly significant buildings and structures. defined us National Historic Landmarks and the primary historic units of the National Park Service. On occasion, factors other than significance will dictate the selection of another level of documentation. For example, if a rehabihtatlon of a property ie planned. the owner may wish to have a full set of as-built drawir. gs, even though the significance m.y lndicdte Level I1 documentation. HA.,BS Level I measured drawtr'.~s usual'.y ~epict existing conditions t..hrough the use of a site plan. floor plans. e)evatio,~,..l sections and construction d~'~ils. HAER Love] measured drawings will frequently depict original conditions where adequate historical ma!erial ex:sts. so as to il)ustrate manufacturing or engineering processes. Level [l documentation djffers from Level I by substitulin8 cop!as of ex~Iang drawings. either origma) or :.-,)tararson drawings. for recent]), execuled measured drawings. !.f this js done. the drawings musl meet HAgS/HAER requirements outIined existing drawings are rarely' as su:~able as as-built drawings, they are adquate In many cases for docu. mentation purposes. Only when the desirability of havit'.g ,s- buill drawings is clear are Level 1 meaaured drawings required in addition to existing drawings. If existing drawings are housed in an accessible collection and cared for archivaliy. their reproduction for FL~S/HA..ER may not be necessary. In other cases. Level measured drawings are ,"equ:red in the absence of existing drawings. Level Ill d,ocumentation requires a 8ketch plan if i.t he]ps to explain the structure. The archlteclura) data form should supplement the photographs by explaining what is not readily vls~b:e. Level IV documentation consists of completed HABS/HAF_R inventory cards. This level of doc',.u'nentation. unlike the other three levels. is rarely considered adequate documentation for the HA.BS/HAER collections but is undertaken to identsfy historic resources in a given area prior to additional. more comprehensive documentation. Federal Regislet / qtandard II: Quality 1. Requirement.' HA~S and HAER documentation shall be p. repared - accurately from reliable sources with limitations clearly staled to permit malependent verification of informalion. 2. Criteria: For all levels of documentation, the following quality slanderrig shall be met: a. Measured drawings: Measured drawings shall be produced from recorded. accurate measurements. Portions of the building Ihat were not .ccessible for measurement shbuld not be drawn on the measured drawTogs. bul clearly labeled as not accessible or drawn from available construction drawings and other sources and so identified. No part of the measured drawings shall be produced from hypothesis or non-measuremenl related activities. Documentation Level 1 measured drawings shall be accompanied by a set of field notebooks in which the measurements were first recorded. Other drawings. prepared for Documentation Levels II and 111. shall include a statement describing where Ihe original drawings are locale& b. Large formal photographs: Large format photographs shall clearly depict ;he appearance of the property and areas of significance of the recorded building. site. structure or object Each view shall be perspective-corrected and fully captioned. c. VVritten history: Written history and description for Documentation Levels I and !I shall be based on primary sources lo the greaIest extent possible. For Levels Ill and IV. secondary sources may provide adequate information: if nut. pr..n~ary research v,..dl be necessary. A frank assessment of the reliabilily and I,mitalions of sources shall be included. Within the writleo history. statements shall be foolnoted as to their sources. where appropriate. The written data ~hdll include a methodology section speulfymg name of researcher. date of research. sources searched. and ]~mitalions of the project. 3. Test.' Inspection of the ducu,.-,entalion by HABS/HAER staff. 4. Ca.v. men,'ary: The reliabilily of the ~iABS,'HAER caller[runs depends on documenlation of high quahty. Quality ;s not something Ihal can be easily prescribed or quanllfied. but it derives from d process in which thoroughness and accuracy play a large part. The principle of malependent verification l tABS/HAER documentation is critical ~o lhe HABS/HAER colleclions. Standard I11: Materials 1. Requmemet2t: HAaS and HAER documentation shall be prepared on Vol. 48. No. 190 / Thursday. Seplember materials lhat are readily reproducible for ease of access: durable for long storage: and in standard sizes for ease of handling. Z. Co'[ergo: For all levels of documentation. the following material slanderrig shall be met: a. Measured Drawings: Readily Reproducible: Ink on translucent material. Durable: Ink on archivally stable materials. Standard Sizes: Two sizes: 19 X 24" or 24 X 36". b. Lar8e Format Pholographs: Readily Reproducible: Prints shall accompany all negatives. Durable: Photography must be archivally processed and stored. Negatives are required on'safety film only. Resin-coated paper is not accepted. Color photography is not acceptable. Standard Sizes: 'E'~ree sizes: 4 x 5", 5 XT'.BX10". c. Written History and Description: Readily Reproducible: Clean copy for xeroxinS. Durable: Archival bond required. Slandard Sizes: 8Vz x 11". d. Field Records: Readily Reproducible: Field notebooks may be xeroxed. Photo identification sheet will accompany 35 mm negatives and contact sheets. Durable: No requirement. Standard Sizes: Only requirement is th,,t they can be made to fit into s 9¥a X 12" archival folding file. 3. Test: Inspection of the documentation by HABS/HAER staff. 4. Commontory: All HABS/HAER records are intended for reproduction: some 20.000 HABS/HAER records are reproduced each year by the Library of Congress. Although field records are not intended for quality reproduction, it is intended that they be used to supplement the formal documentation. The basic durability performance standard for HABS/HAER records is 500 years. Ink on mylar is believed to meet this standard. while color photography. for example. does not. Field records do not meet this archival standard. but are maintained in the HABS/HAER collections as a courtesty to the collection user. Standard IV: Presentation 1. Requirement: HAnS and HAER documenlation shall be clearly and concisely produced. 2. Criteria: For levels of documentation as indicated below, the following standards for presentation will be used: a. Measured Drawings: Level I measured drawings will be leuered 29. 1983 / Notices 41733 mechanically {i.e.. Leroy or s~mllar] or in a handprinted equiva. lent slyle. Adequate dimensions shall be Included on all sheets. Level III sketch plans should be neat and orderly. b. Large format photographs: Level I photographs shall include duplicate photographs that include a scale. Level 11 and [11 photographs shall include. at a minimum. st least one photograph with a scale. usually of the principal facade. c. Written history and description: Data shall be typewritten on bond. following acrepied rules of grammar. 3. Test: Inspection of the documentation by HABS/HAER staff. Architectura/ ond £/~gsneering Documentorion Prepored,for Other Purposes Where a preservation ptannir. g process is in use. architectural and engineering documentation. hke tuber treatment activities. are undertaken to achieve the goals identified by the preservation planning process. Documentation is deliberately selected as a [realmeat for properties evaluated as significant. and the development of the documentation program for a property follows from the planning objectives. Documentation efforts focus on the significant chararterial,ca of the property. as defined in the previously completed evaluation. The selection of level of documenlation and the documentation techniques [measured drawings, photography. etc.) :s based on the significance of the propaNy and the management needs for which documentation is being performed. For example, the kind and le;'el of documentation required to record a historic property for easement purposes may be less detailed than that required as mitigation prior to destruc'.ion of the property. In the former case. essential documentation might be ]:mired to the portions of the property controlled by the easement. for example. otter,or facades: while in the !at:or case. significant interior architectural features and non-visible s:ruc:~:ral dolai!s would also be documented. The principles and cunte.nt of the HABS/HAER criteria may be used for guidance. in creating documentation requirements for other arch~;'cs. Lex, e'.s of documentation and the d,arabd~ty and sizes of doCumentalton may vary dependin8 on the iraended use and the repusito~. Accuracy of documentation should be coalrolled by assessing the reliability of all sources and making assessment available in the archiv..l record: by describing the limitations of the information available from research and physical examination of 44734 Federal Register / Vol. ,18. Nn l~,i> / Thursday. September 29, lg83 / Notices properly; and by retaining the primary data (field measurements and notebooks} from which the archival record was produced. Usefulness of the documentation products depends on preparing the documentation on durable materials that are able to withstand handling and reproduction. and in sizes that can be stored and reproduced without damage. Recommended Sources of Technical information Recording Historic Buildings. Harley [. McKee. Government Printing Office. 1970. Washington. D.C. Available through the Superintendent of Documents, U.S, Government PrinLmg Office, Washington, D.C. 2b402. CPO number 024-005-0235-9. HA BS/HAER Procedures Manuel Historic American Buildings Survey/Historic American Eng~neerm8 Record. National Park Service, t980. Wsshinglon,'D.C. Photog,'~mnTetrtc Recording Of Cu/tun2J Resources. Perry E. Boreher,,. Technical P'reservatiun Services. U.S. Department of Lhe Interior. lg77. Washinton. D.C. Horrified Photo>trophy odd Photo Dry vi:'nga fur lh.q~or,c Prvservt2Zjun. }. Henry Chamberre. Tec.hnicul P'teser'.'ation Services. U.S. Department of the Interior. 1975. Wamhington. Secretary of the IntertoYs St&Dotards far Archeologica. l Docu. rr.e.atation Archeological documentation is a series of actions applied to properties of archeological interest. Documentation of such properties may occuz at any or all levels of planning. identification, evaluation or treatment. The nature and level of documentation is dictated by each specific set of circumstances. Archeological .documentation consists of activities such as archival research, observation and recording of above- ground remains, and observation (directly, through excavation. or indirectly. through remote sensing} of below-ground remains. Archeological documenlation is employed for the purpose of galhering information on individual historic properflea or groups of propertics. It is guided by a framework of objectives and methods derived from lhe planning process. and makes use of previous planning decisions. such as those on evaluation of s~gnificance. Archeolcgical documentation may be undertaken as an aid to various Ireatment activities. including research. interpretation. reconstruction. stabilization and data recovery when mitiga LLng archeological losses resultin8 from construction. Care should be taken to assure that documentation efforts do not duplicate previous efforts. Standard L .4rc,~eologka/ Docum ent 0 tion A ctivities Folio s, on Explicit Stateroe.at of ObjecUves and Methods Thor Responds to Needs Identified in the Planning Process Arch~ological research and documentation may be undertaken to fulfill a number of needs. such as overviews and background studies for p]arming. interpretation or data recovery to mitigate adverse effects. The planning needs are articulated in a statement of objectives to be accomplished by the archeo]ogical documentation activities. The statement of objectives guides the selection of methods and techniques of stt/dy and provides a comparative framework for evaluating and deciding the relative efficiency of alternatives. Satisfactory documentation involves the use of archeological and historical sources. as well as those of other disciplines. The statement of objectives usually takes the form of a formal and explicit research design which has evolved from the interrelation of planning needs, current knowledge, resource value and legistics. Standard II. T, he Methods and Techniques of Archeo!og/co/ Documento,'ion ore Selected To Ob,'oin the ]nformo,':on Requ/red by the Sgoternent of ObyecHves The methods and techniques chosen for archeological documentation should be the most effective, least destructive. most efficient and economical means of obtaining the needed information. Methods and techniques should be selected so that the results may be verified if necessary. Non-destructive techniques should be used whenever appropriate. The focus on stated objectives should be maintained throughout the process of study and documentation. Standard IlL The Results of Archeo]ogico] Documentot:'on are Assessed Against the Statement of Objectives end Integrated Into the PJannin8 Process One product of archeological documentation is the recovered data; another is the information gathered about the usefulness of the statement of objectives itself. The recovered data are assessed against the objectives to determine how they meet Lb.e specified planning needs. Lr~ormation related to archeologica] site types, distribution and density should be integrated ;m planning at the level of identification and evaluation. Information and data concerning intra-site structure may be needed for developing mitigation strategies and are appropriately integrated at this level of planning. The results of the data analyses are integrated into lhe body of current knowledge. The utility of the method of approach and the particular techniques which were used in the investigation (i.e. the research design) should be assessed so that the objectives of future documentation efforts may be modified accordingly. Standard IV. The ResuJ:s of Archeo]ogico] Docu.~en:on'on ate Reported and Made .4 rodable to the Public Results must be accessible to a broad range of users including appropriale agencies. the professional commumty and the general public. Results should be communicated in reports that summa. rize the objectives. methods. techniques and results of the documentation actiwty, and identify ~he repository of the rr, ateria!s and information so that additional delai~ed information can be obtained. if necessary. The public may also benefit from the knowledge obtained from archeological documentation through pamphlets. brochures. leaflets. displays and exhibits. or by slide, film or multi- media productions. The goal of disseminating information must be balanced. however. with the need to protect sensitive information whose disclosure might result in damage to properties. Curation arrangements sufficient to presen'e arttracts, specimens and records generated by investigation must be provided for to assure the availability of these mater:sis for future use. Secretary of the lnterior's GutdoLLars for Archeological Documentation In traduceion These Guidelines lirdc the Standards for ArcheoloSical Documentation with more specific guidance and technical information. They describe one approach to meeting the Standards for Documentation. kaencies, organizatzcns or individuals proposir, g Io approach arc.heologicaLdocumentatlon dlfferenI!y may wish to review their approach the National Park Service. The Guidelines are organized follows: L,-cheological Documer. tatlon Oblec:i~ es Documentstin Plan Method. Reporting Cu. ration Recommended Souzoos of Techmcal |afarmatron 1, Co]faction of base-line data: Appendix B Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation 62 FR 33712-33714 Federal Register, Friday, June 20, 1997 33712 Federal Register / Vol. 62. No. 119 / Friday. June 20, 1997 / Notices equivalent to that necessary for the standard degree in that discipline, and to enable that person to make judgments about the identification. evaluation, documentation. registration. or treatment of historic or archeo[ogical properties in the United States and its Territories. 19. When is "exceptional experience" a factor? in general. an applicant, employee. consultant. contractor, or advisor who does not possess a combination of education or training, experience, and products would not meet the Standards. However, in some cases. a person's experience and contributions have been so exceptional that he or she demonstrates the level of expertise that meets the Standards. [n particular. this may apply in those situations where persons embarked upon their careers before recognized academic pro~ams were established. and their education or training was thus attained in alternative ways. In such instances. exceptional experience would be substituted for an academic degree or other training. It is up to the organization with administrative oversight responsibility for the program or pro)oct to determine whether the individual meets the Standards. For example, in a program under the purview of 36 CFR part 61, the State Historic Preservation Office would request an exception from the National Park Service for the person under consideration for a "professional" position on the State staff or Review Board. Other'wise, the organization doing the hiring or selecting of personnel would determine whether the individual meets the Standards. Discipline and Historic Preservation Proficiencies The Historic Prosen'orion Professional Qualification Standards call for an understanding of the general principles, procedures, and practices in the discipline as they are applied to historic preservation. This type of expertise is necessary. for historic preservation programs in which the employee, consultant, or advisor is expected to deal with a range of historic resources and issues. Proficiencies in the disciplines and in the practice of historic preservation are outlined below. Recommended Discipline Proficiencies The following discipline pro~ciencies 0cnowledge, skills, and abilities) should be possessed by applicants, employees, consultants, and advisors: · Knowledge of the history of the discipline. · Knowledge of current theories. principles. practices. methods. and techniques of the discipline. · Familiarity with diverse specializations within the discipline. · Skills in applying the discip[ine's techniques of practice, including crit. ical analysis skills. · Understanding of the discipline's relationships with other disciplines and the ability to design and carry out interdisciplinary. proiects. · Understanding of complex research questions. · Ability to place a specific proiect in a broader context. · Knowledge of cuzrent scholarly research and its applicability to a given issue. · Familiarity with the process of rigorous professional peer review that occurs before work is published. Recommended Historic Preservation Proficiencies The following historic preservation proficiencies (knowledge, skills, and abilities) should be possessed by applicants, employees, consultants. and advisors: · Familiarity with the origins and development of the historic presetwa~on movement. · Knowledge of the field of historic preservation as it is practiced in the United States, including its Fhilosophies, theories, practices, laws, regulations. policies, and standards, and relationship to the discipline as a whole. · Ability to apply Federal and relevant State and local historic preservation laws, regulations. policies. and standards in the public and private sectors. including Federal. State. and local government agencies, and private o rg an i zations. · Ability to apply the appropriate set(s) of the "Secretary of the Interior's Standards for Archeology and Historic Preservation." and/or the National Register of Historic Places criteria. In consideration of the foregoing. the "Secretary of the Inter'ior's Professional Qualification Standards" are proposed to read as follows: Historic Preservation Professional Qualification Standards Archeotogy (A) Prehistoric ArcheologLv (13) Historic Archcolony Architectural History Conservation Cultural Anthropology Curation Engineering Folklore Historic A_,-chitecttu~ Historic Landscape AmMtecture Historic Prosen'at[on Planning Historic Prese~'adon Histo~' Archeology; Historic Preservation Professional Qualification Standards Archeology is the study of past human lifeways through the systematic observation. analysis. and protection of the material remains of human activities. Standard for Archeologist (A) Prehistoric The applicant, employee, consultant, or advisor will have a graduate degree in Anthropology with a specialization in Prehistoric ArcheoloD'. or a graduate degree in ,-h-cheolo:-~y with a specialization in Prehistoric Archeo[oD'. or a graduate degree in a closely related field (see Academic Background for Archeology), PLUS a minimum of two and one-half (2 V2) years of full-time professional experience in applying the theories, methods, and practices of Archeology that enables professional iudgments to be made about the identification, evaluation, documentation, registration, or treatment of prehistoric archeological properties in the United States and its Territories (at least six months of experience must have been acquired in the performance of field and analytical activities under the supervision of a professional prehistoric archeologist, and one year of experience in the study of the archeological resources of the prehistoric period must have been at a supervisory level); and products and activities that demonstrate the successful application of acquired proriciencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Azcheologists). (5) Historical The applicant, employee, consultant, or advisor will have a graduate degree in Anth. ropolo~' wi~ a specialization in Historical A.rcheology, or a graduate degree in A.rcheology with a specialization in Historical Archeology, or a graduate degree in a closely related Held (see Academic Background for ArcheologyL plus a minimum'of two and one-half (2 v~) years of full-time professional experience applying the theories, methods, and practices of Archeology that enables professional iudgments to be made about the identification, evaluation, documentation, registration, or treatment of historic archeological properties in the United States and its Territories Cat least six months of experience must have been acquired. in Federal Register / VoL 62, No. 119 / Friday, 1une 20. 1997 / Notices 33713 the performance of field and analytical activities under the supervision of a professional Historical Archeologist. and one year of experience in the study of the archeological resources of the historic period must have been at a supervisory level); and products and activities that demonstrate the successful application of acquired pro~ciencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for .~rcheologists). (Note: Pursuant to 36 CFR part 61. a person meeting this Standard (either Prehistoric or Historic Archeology) is required as part of the core staff for each State Historic Preservation Office (SI-~PO) and as part of each State Review Board. Expertise described by this standard is also needed for Tribal Preservation Office staff or consultants of tribes that have executed a Memorandum of Agreement to implement Section 1el(d) of the National Historic Preservation Act. It also may be needed for consultants hired with HPF grant funds and for members of Certified Local Government Commissions.) Archeology--Acodemic Background Closely reloted ~elds: Anthropology,, with a specialization in Archeology, is the typical degree discipline for archeologists practicing in the United States. One of the usual requirements for receiving the degree is completion of an archeological field school in which the student learns about techniques of survey. excavation, and laboratory processing. However, degree programs have also been established in Archeology, Cultural Resources Management, Historical Archeology. and Public Archeo]ogy. Some Historical Archeology programs are housed in History, Public History. or American Studies Departments. For these degrees. a list of courses taken should be reviewed to determine if the program is equivalent to that typically provided for a degree in Anthropology with a specialization in Archeology, including course work in archeological methods ancl theory. arc]~eology of a geograp]~c region (e.g., North America), and the field school. Discipline specializations: The most prevalent specializations in Archeology include Historical Archeology or Prehistoric Archeology. i.e., the specialization in resources of either the prehistoric period or the historic period. These specializations necessarily require expertise in different types of sites and different sources of information about past human activities. For example, a prehistoric archeologist usually requires a knowledge of environ.mental sciences. while a historical archeologist needs to understand the techniques of archival research. Additional specialized training and experience is also required for those specializing in, for example. underwater archeology, physical , anthropology (human bones and burials). forensic archeology, or zooarcheology (non-human bones). In addition, archeologists typically specialize in the archeological resources of a particular time period, geographic region, resource ~'pe, or research subject. Applying the Standard for Archeologist--Documenting Profession a l Experience A pmf.essional archeologist typically has experience in field survey, site testing, site excavation, artifact identification and analysis, documents research, and report preparation. Supervised field experience as a graduate student may be counted as part of the overall 21/.~ year professional experience requirement. A Prehistoric A_rcheologist meeting this Standard would document one year of supervisory experience in the study of prehistoric archeological sites; a Historical Archeologist would document one year of super~-isory experience in the study of sites of the historic period. The two archeologist specializations of Prehistoric Archeology and Historic Archeology are not interchangeable. Documentation to show that someone qualifies in both Prehistoric and Historic Archeology should include a min.imum of one additional year of supervisory experience on resources of the other specialty, for a total of 31/2 .years of experience, with products and activiLies in both specializations. Products and Activities. Professional experience and expertise must be documented through "products and activities that demonstrate the successful applicat/on of acquired proficiencies in the discipline to the practice of historic preservation." Products and activit_ies that meet the appropriate Secretary Standards for .~rcheolog'y and Historic Preservation may include: · Sur~,ey and excavation reports of cultural resource management or Section 106 (or other compliance) preiects. These reports are typically called "grey literature;" they often have multiple authors and are usually produced in limited quantities by consulLing firms. · National Register documentation resulting in property listings or Determinations of Eligibility. · Materials such as presentations. booldets. brochures. lesson plans. or videos that interpret the results of archeological investigation for the general ublic. · Publications including articles in professional journals, monographs, books, or chapters in edited books, related to the preservation of historic or archeological properties. · Presentations at regional, national, or international professional conferences related to the preservation of historic or archeological roperties. · Professional service on~oards or committees of regional, national, or international professional organizations concerned with the preservation of historic or archeological properties. · Awards, research grants, research fellowships, or invitations to teaching posts. This list is not comprehensive. Furthermore, it is not expected that all of these products and activities will need to be documented in order to meet the Standard; rather, a combination of several of these products and activities would be more typical. However, if the applicant were documenting professional experience in one of the specializations, the majority of products and activities should reflect that specialization. Architectural History; Historic Preservation Professional Qualification Standards Architectural History is the study of the development of building practices through written records and design and the examination of structures, sites, and objects in order to determine their relationship to preceding, contemporary, and subsequent architecture and events. Standard for Architectural Historian (a) The applicant, employee, consultant, or advisor will have a graduate degree in Architectural History or a closely related field of study (see Academic Background for Architectural History_). plus a minimum of two (2) years of full-time professional experience applying the theories, methods, and practices of Architectural History that enables professional judgments to be made about the identification, evaluation, documentation. registration, or treatment of historic properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Architectural Historians); or * ' * (b) An undergraduate degree in Architectural History or a closely 33714 Federal Regist. er / Vol. 62. No. 119 / Friday, June 20, 1997 / Notices related field of study (see Academic Background for Architectural History), plus a minimum of four {4) years of full- time professional experience applying the theories. methods, and practices of Architectural History that enables professional judgments to be made about the identification, evaluation. documentation. registration, or treatment of historic properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired pro~ciencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Historians). (Note: Puzsuant to 36 CFR part 61, a person meeting this Standard is required as part ot the core staff for each State Historic Preservation Office (SIeO) and as pan of each State Review Board. Expertise described by this standard is also needed for Tribal Preservation Office staff or consultants of tribes that have executed a Memorandum of Agreement to implement Section 101{d) of the National Historic Preservation Act. It also may be needed for consultants hired with HPF grant funds and For members of Certified Local Government Commissions.) Architectural History--Academic Background Closely related fields: Professional Architectre-el Historians typically receive their formal training through Architectural History, Art History, or Historic Preservation programs, which include course work in American Architectural History. Other fields of study may offer relevant training, provided that course work in American Architectural History is taken. These other fields may include American Studies, American Civilization, Architecture, Landscape Architecture, Urban and Regional Planning, American History. Historic Preservation. and Public History. Discipline specializations: Architectural Historians tend to be generalists, although specializations within Architectural History are typically based on time periods (such as 18th century.), on a particular architectural style !such as Georgian or vernacular), or a combination of these (such as plantation architecture in the antehelium South). ApplJn'ng the Standard for Architectural Historian--Documenting Professional Experience Products and Activities Professional experience and expertise must be documented through "products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation." A professional Architectural Historian typically has expertise in research. survey. documentation. and evaluation, of architectural resources, including buildings. structures, objects. and districts. Documentation of such experience is desirable. Products and activities that meet the appropriate Secreta_r'y's Standards for Archeo]o~' and Historic Preservation may include: · Survey reports assessing the significance of historic properties. · Historic structure reports. · National Register documentation resulting in property listings or Determinations of Eligibility. · Documentation that meets HABS/ HAER standards for recording historic properties. · Publications, which might include articles in regional. national, or international professional journals, monographs. books. or chapters in edited books. related to the preservation of historic structures. · Presentations at regional. national, or international professional conferences related to the preservation of historic stractures. · Professional service on boards or committees of regional, national, or international professional o~anizations concerned with the preservation of historic structures. · Awards, research grants, research fellowships, or invitations to teaching posts. This list is not comprehensive. Furthermore, it should be understood that not all of these products and activities are needed in order to meet the Standard; rather. a combination of several products and activities would be more typical. If the applicant were documenting professional experience in one of the specializations, however, the majority of products and activities would naturally reflect that specialization. Conservation; H/storic Preservation Professional Qualification Standards Conservation is the practice of prolonging the physical and aesthetic life of prehistoric and historic material culture through documentation. preventive care, treatment, and research. Standard for Conservator {a) The applicant. employee, consultant, or advisor will have a graduate degree in Conservation or a graduate degree in a closely related field of study with a certificate in Conservation (see Academic Background for Conservation). plus a minimum of three [3} years of full-t/me professional experience applying the theories. methods, and practices of Conset'ration that enables professional judgments to be made about the identification. evaluation. documentation or treatment of objects associated with historic and prehistoric properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Conse~'ators); or' ' * Cb) An undergraduate degree in Art History, or Natural or Physical Science, or another closely related field to Conservation (sea Academic Background for Conservation). with an additional (3) years of full-time enrollment in an apprenticeship program equivalent to graduate studies in Conservation and supervised by a professional Conservator; plus a minimum of Lkree (3) years full-time professional experience applying the theories. methods, and practices of Conservation that enables professional judgments to be made about the identification, evaluation, documentation, or treatment of objects associated with historic and prehistoric properties in the United States and its Territories; and products and activities that demonst_rate the successful application of acquired proticiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for Conservators). Conservation--Academic Background Closely related fields: Since Conservators tend to specialize in a particular class of objects, closely related fields will be diverse, and could include Art, Art Conservation, Art History, Architecture, Historic Preservation, Museum Studies. Chemistry, Physics, Engineering (or a related scientific field}. Archeology, Anthropology., or other fields related to the conservation specialization. Ira closely related field is being claimed, the degree in the dosely related field should be accompanied by a certificate in Conservation, or the completion of course work equivalent to that typically offered in graduate Conservation programs. This course work should include examination, documentation. and treatment of objects; history and technology of obiects; and conservation science. In addition, such a program should include the completion of a two- semester internship. Discipline specializations: Professional conservators specialize in the treatment and maintenance of a ' MEMORANDUM OF AGREEMENT AMONG THE U.S. ARMY CORPS OF ENGINEERS, ROCK ISLAND DISTRICT; THE IOWA STATE HISTORIC PRESERVATION OFFICER; AND THE CITY OF IOWA CITY, IO~VA; REGARDING THE IOWA RIVER POWER DAM SUBMITTED TO THE ADVISORY COUNCIL ON HISTORIC PRESERVATION PURSUANT TO 36 CFR 800.6(a) WHEREAS, the Rock Island District Corps of Engineers (COE) has determined that issuance of Department of the Army Permit No. CE1ViVR- RD-316170 for development of the Iowa River Power Dam, located in the NW ¼, SE ¼, SE ~ of Section 5, T79N, R5W on the Iowa River, within the city limits of Iowa City; will impact a property eligible for inclusion in the National Register of Historic Places under Criteria A, C, and D; 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. 4071D; and WHEREAS, the City of Iowa City (CITY) has participated in the consultation and has been invited to concur in this Memorandum of Agreement; NOW, THEREFORE, the Corps of Engineers, the SHPO, and the CITY agree that the proposed construction shall be implemented in accordance ~vith the following stipulations in order to take into account the effect of the construction on the Iowa River Power Dam. Stipulations The Corps of Engineers will ensure that issuance of Department of the Army Permit No. CEl~FVR-RD-316170 is withheld until this MOA has been signed by all parties. Prior to the alteration or demolition of any part of the historic Iowa River Power Dam, the CITY shall implement a mitigation plan for documenting the historic structure that is consistent with the Secretary of the Interior's Standards and Guidelines for Architectural and Engineering Documentation contained within the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation (Federal Register, Thursday, September 29, 1983). The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings will also provide guidance for treatment and documentation of the historic property. All work called for in Stipulation 1 will adhere to HABS/HAER Documentation Level II requirements as set forth in the Secretary of the Interior's Standards and Guidelines for Architectural and Engineering Documentation (48 FR 44730-44734; Appendix A) and the HABS/HAER Treatment Manual (Historic American Buildings Survey/Historic American Engineering Record) prepared by the National Park Service (Washington, D.C., 1980). All work called for in Stipulation 1 will be conducted under the supervision of an historian or architectural historian who meets, at a minimum, the professional qualifications standards set forth in the Secretary of the Interior's Standards and Guidelines (62 FR 33712- 33714; Appendix B), and who has knowledge and requisite experience in relevant architectural and engineering docun~entation. The CITY will provide recordation personnel with adequate access to the dam and access to the interior features of the historic structure as they become rex;ealed during the construction work. A draft report meeting current professional standards will be submitted to the SHPO for review approval, and to the COE for review and comments. Prior to beginning any ~vork that may be authorized under Department of the Army Permit No. CEMVR-RD-316170, the CITY shall provide the COE with documentation in the form of a letter signed by the Iowa SHPO on official letterhead. The SHPO letter must cite this MOA and clearly state that all of the actions and requirements set out in these stipulations have been met. \ All architectural and engineering documentation, including photographs, negatives, maps, drawings, and research notes will be retained by the CITY or its consultant until the doc'umentation report and products have been accepted by SHPO. Upon cbmpletion of the documentation, the CITY shall ensure that all records and documents resulting from the documentation program are deposited with the State Historical Society of Iowa. Copies of final reports of documentation will be supplied to the SHPO. Within 30 days of completion of the activities covered by this permit, the CITY shall afford the SHPO the opportunity to re-evaluate the property as rehabilitated and reconstructed and make a determination as to its continued eligibility for the National Register. 9. If any of the signatories to this Memorandum of Agreement determines that the terms of the agreement cannot be met, or believes a change is necessary, the signatory shall immediately request the other parties consider an amendment or addendum to the agreement. Such an amendment or addendure will be executed in the same manner as the original Memorandum of Agreement. 10. Within 90 days of carrying out the terms of the Memorandum of Agreement, the CITY shall provide a written report to all signatories to the agreement 'on the actions taken to fulfill the terms of the agreement. ,. Execution of the Memorandum of Agreement by the COE, the SHPO, and the CITY; its subsequent acceptance by the Advisory Council on Historic Preservation, and the implementation of its terms evidence that the COE has afforded the Council an opportunity to comment on the undertaking and its effects on historic properties and that the COE has taken into account the effects of the undertaking on historic properties. ROCK ISLAND DISTRICT CORPS OF ENGINEERS s V. Mudd, Colonel District Engineer, U.S. Army Corps of Engineers IOWA STATE HISTORIC PRESERVATION OFFICER By: Concur: CITY OF IOWA CITY By: ~M'~,~(//~, ?'~h~,-~ Date: ACCEPTED for the Advisory Council on Historic Preservation By: Date: Date: Appendix A Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation 48 FR 44730-44734 Federal Register, Thursday, September 29, 1983 -14730 Federal Register / uflen secondary sources .-,re most valuable for 8alhering background information. while primary sources mote useful to gelher or cdnfirm specific fac~s. The documentation goals may not require exhaustive investigation of sources. such as deed records or building permits. Research may be kept cost-effective by making careful decisions about when to use particular sources. thereby limiting the use of time- consuming techniqueS'to when ','- absolulely necessary. Decisions about when to galher information may also affect :he quali~y of information that can be gathered. When dealing with large project areas where loss of many properties is anticipated. it is impo?tant to gather informshen from local archival sources and oral histories before project. activities destroy or disperse family or community records and re$idents. Analysis of the accuracy and biases of source materials is critical in analyzing the information gathered from these sources. Maps. historical atlases and insurance maps should be assessed like v,,'ritten records for errors. biases and omissions: for example. some map sources may omit structures of a Iemporary nature or may not fully depict elhnic or mlnorily areas. L~kev,..ise. building plans and archileclural renderings may not reflect a s!ructure as it ,,'.'as actually built. Analysis: Analysis should nol only focus on the issues defined in the research design. but should also explore major new issues identified during the course of research or analysis. The ducumenlation Solhated may raise h.mpor/ant issues nul previously considered. and further ~.":vest/gation n::,y be impor:ant. partacu);tr)y when c,'mtrad,ctory information has been gathered. 11 is ,reportant to examine the implications of !hose new issues to ,'nsure thai Ij':ey are mvcsllgaled in a l,.,I.mccd w.ly. Qu,'~zions th.l should be considered :n .,::aly:.-'ing the i/ffar.3~.,/~on include: 1 lt.s enough information been .t.:.,'.hcred Io ;-,nwscr Ihe questions Ih'al -,ere pnsed? 2. Do lhe answers cnmradict one · ,nu:)~cr? If so. it may be neces. sury In st,,,'rch for more e~idence. if. no ,~Jdi:ional evidence ~s ovaliable. /hdg.m,-nls muSl be bused on the ~:'.,ll,.,ble sources. weighing their biases. ConfliuIs of source mu~er,ais :.hould be numed. In general. the more Ihe researcher knows about the general historical period and setting. and limitations of source materials under investigation. Ihe bauer the individual is prepared to ".'ol..48. ,,,u. IS0 / Thursday. September 29. 1983 evaluate (he information found in the documentary sources investigaled. Peer review or consultation with other knowledgeable individuals about the informalion and the tentative conclusions can be an important parl of Ihe analysis. /~.legroling The results of documentation must be integrated into the planning process so that planning decisions are based on the best .~vailable informalton. The new information is ft.'st assessed against the research design to determine whether the ~a.~hered information meets lhe defined objectives of the research. Then the relevant his:eric contexts. property . types. and treatment goals for lhose conIexts are all adjusted, as necessary. based on the hislorical documentation resulls. ,Reporting ,qesu.' ts Reports should contain: 1. Summaries of :.%e purpose of the documentation. the research design and methods and techniques of investigation. 2. Sources of facts or analyses so ~hat olher researchers can locate the information in/is original context. Notation of any conflicts in source maleri;-~s and hew :he individual performing the documentation interpreted these conflicts. 3. Sources consulted. including those expected to contain useful information and those that contained no information about the proper:y/s). 4. Assessment of the accuracy. biases ' and historical perspective of all sources. This 5nformation and that identified in No. 3 may be provided in an annotated b,bliography. 5. Discussion of major analyses and results. including conclusions regarding all meier research issues identified in the research des3gn. as well as important issues raised in the course of research. The analysis should be summarized in letins of its impacl on in:crpreta tin8 the praperty's signzficance and expanding or altering the knew)edge about the property and its conlext. & Researchers' interpretation of historical evenIs or trends. These interpretations should be ctearJy :dcnUfied. Primary results s~ou!d be preserved and made accessible in some manner. although they need not necessarily be contained in lhe report. AI a minimum. the reporl should reference Ihe location of holes and analyses. Results of hislorical documentation should be made available for use in preservation planning and hy the general public. Report f0rma'.s may v.rv. depending on the audience and hhe anticipated uses of lhe ducum~nlaliun, but professionally acceptud ruZes of report writing should be Fd)owed. rapotis are of a technical halore. Ihe format of %he major scienhfic j0urr',aI of the pertinent discipline may be the most appropriale formal. Peer review of draft reports is one means of ensuring that state-of-the-an technical reports are produced. ~c.e:ommended .Su,.s:'~cs .'f 7~.-i //;fur,That/on Fo/l,/~fe ut;d F~v/d~..o;^ .4 L..3 t,u.~. 's Bariis. American Fo'.khfe C,en~tr. Wa:,hinglon. D.C.. Pe','.%~e'c/., yes on rage .%'e ,'~ 3~,c,./ //~tur), Ji, mes B. G.rdnee .rid Gec, r~e RaH,¢ A~am, s. edilors. American A$soc:..,hon ,rot S:.:,lc Local J*{isto:'y. N,..shvsHe. T~nn,~ssee. The Process of F;e/d ,t~e~eurch. C.~rl F]eischh,~uer and Ch;.,r]es K. Wolfe. Folklife Canlet. ]A'.:lshmi~lcn. DC.. I,981. Resect'c~.,'ng Herz!c'gc ,5'u:/dz.,Ib, s..M~rgar~'t C.,rler. Minsllry 0,r Ihe F'.q~ :runnlcnl. C~,nad,,. 1.993. SectafarT of the Inlerior's Standard,, for ArcEitec!ural .End En2.,~neering Documentation These standards concern the development of docu,.mezla:ion for historic buildings. sites. structt~res and objects. This documentation. which usually consisis of measured drawrags. photographs ac.d written e;,'.a. prO','ides imporlant informsHe.in on a ~roper~)"s significance for use by scho!ars. researchers. preser'.'alwni~!s. archatecls. engineers and others interesled m preserving and understanding hsstcrzc properties. DocumentaI~un pt. rm~ls occurale repair or reconslruction paris of a property. racerrig conditions For e;.,se'munt~. ur preserve inFor~malion abet.it ~..pruperD. that is to be demuh,b, ed These Standards u:e m:,:n'J,:d far use in de;'eJopjnF.. documentS:tun tu De mc]uded in the t(:s',unc Bui)ding Survey [)).RDS) ,~.'-~d Ihe American Engineerh':.g Record D)AER) Col)actions in the ).:brury o~ HAnS/HAiR. in ~he N,.,lional P.rk Service. have defined ~peclf,c requiremenlo For meeting these Siandard., for their collections. The l-lABS/HAiR requirements i,clude information important In duvejupm,uit documentation for other purpuses such as State or ]oca] archives Federal Register / S:c'.~dn:'d 1. D,CuzncntOt~un Shed/ A ,Inquire& £.%;hc'nte nn'd Illustrate ;V,~ot ;s Sigmficant or Voluob/e About t,~e Historic Bu/ldm~. Site. Sirecrete or Object ~e/n~ Documented. The historic s~nific~nce of bufidm~. si:L s~ruc~ure or obiec~ ~denIified in Ihe evalualion process ~hould be conveyed by 1he drawings, pho~ogrsphs and other maleri~l~ lh~t comprise documenlafion. The hislorical. architectural. engineeri'ng o~culmral v~lues of lhe property p~rpose of the documenlafion determine lhe l~vel and reelhods of documentation. Docum~nl~lion ~repsred for submission I~lhe Library of Congress musl meal ~he HABS/HAER Guidelines. S:sndord 11. Docu~e~toHon Sho]l P.'eRored Accurotely From ReHob]e Souses Whh Li~hotions Cleorly S:cted to ?er.~it Independent The purpose of documentation fs Vaserye ~n scourale record of hislorjc Fro~er~ies that can be used in re,earth and ~iher preservaljon acfivifieL To serve lhes~ purposes. m~sl include informalion thai permiIs d~sessmenl Gf its Szc;dord IlL Documentallan Shall be la.'epczed on Afoterio/s Thot ore Reodily Beproduchble. Du.-oble nnd in Stondord S;zes. · ~se. Selection of m~eHal~ should be hosed on ~he len~,h of dine expec=ed for ~to~e. lhe ~nhc,pa~ed frequency of use and a s~ze convenienl for storage. &';:ndo~d IV. Docu.~:em~lion Shah c'.'eo,-& o~d Concise& Produced. [n order for documentation Io be uscf~! for future research. written m~t~ri.~s mGsl be legible and u~.~erssandable. and graphic m~st cantata scats information and ',oc~t~cn refereP, ce~. Sec:elary of lha Inlettot'. O~del~e~ for Archileclural and Enginee~g Documenlgtion /u:rod~cti~n These Guidelines link the Sxandard~ For Archilecmral and Engineering Documenlalion wixh more ,pecific guidance and lechnical infomalion. They describe one approach Io meeting the Stundard, for Archileclural Engineering Documemalion. Agencies. urg~niz~ fionm or individu~h propatio8 Io approach documenl~lion di/ferenfiy Vol. 48, No. 190 / Thursday. Sep'ternber 29. 1983 / No'.ices 44731 may wish 1o review their approaches v,..ith the National Park Service. The Guidelines are organized as follows: De. firfilions Co.~l of Document;has The HABS/HAER Collections £:and~.rd I: Coolcol S'Fimdlad lit Qu-h:y 51and.rd lll: Sl~nd~rd IV: Pr, ese.':t~tion Architectural an~ ~gineeting Documentslion Prepared for Other Purpose, ~ecomrnended Sources of Technical Inform"a lion Def/nit/o,'~s These definitions are used in conjunction with L.hese Guidelines: Architectural Data Form--a one page 1-'tABS form intended to provide identifying info,."m..$ lion for accompanying H..M3S documentation. Documentation--measured drawings. phoIographs. his:aries. in,.'enlory cards or other media that depict historic buildings. sites. s:.-.:clures or objects. Field Photogra.;~2,'--photography. other than large-r~rmat photography. in!ended for the pu:'pose of producing documentation. usual]y Sims. Field Records--notes or measuremen'.s ~aken. fie'.d .F-.hc:lgraT. hs and other recorded information intended fur the purpose of producing documentation. Inventory Card--a one page form which includes wrinen da,'a. a sketched she plan and a 35mm conlacl print dry- mounted on the form. The negative. with a separate conlad sEeel end index should be included with the inventory c~rd. Large Form,-,t Photegraphs-- p~,o:ogrsphs taken of hislarge buildings. sites. structures or objects where the negative is a 4 X 5". S X T' or 8 X 10" size and where the photograph is taken with appropriate means lo carreel perspective distortion. .Measured Drawings---drawings produced on HAaS or HAZR formats depicting existing ccndi:ions or other re':evant feelures of historic buildings. sites. structures or objects. Measured drawings are usuaZ!y produced in ink on · ~rchi'.'ally stable material. such as my!at. Phntocopy--A photograph. with large- format negative. ofa phozograph or dra wing. Select Existing Drawings--drawings of historic buildings. miles. structures or objects. whether original construction or later alloration drawings that portray or depict Ihe historic value or significance. Sketch Plan~e floor plan. generally not tO exacl scale although often drawn from measuremenls. where the features are shown in proper rel,,:icn proportion to one anolhcr. Coo/of Documen.'chon The Historic American Buildtogs Survey IHABS) and HZsloric American Engineering Record (HAERJ are ~he national historical .,.rchizeclural and engineering documen[:-,[.~n programs of the National Park Service that promote documentation incorpor:-.led into I~AES/HAER collections in ~he Library of Congress. The goal of the co]leclions is to provide architects. engineers. scholars. and interested members of public with comprehensive documenIa lion of buildings. sites. struclures and objects significant in American history and ~Le growth and development of :he buill environment. The HABS/HAER Collections: HAGS/ HAER documentation u.ually consi..~s of measured drawir. gs. pho!ogrsphs and written data lhat provide a detailed record which reflects a properW's significance. Measured drawings sod properly execuled photographs act as a form of insurance against fires and natural disasters by permit:inn the repair and. if necessary. recor. stn. action of historic st.-uclures damaged by such d!sas!ers. D.~c:~men'.atic.-. is us,:.d :o provide the basis for enforcing presen'elion easement. In addtHan. documentation is of:on t~e last means of prosen'alton of a property: when a property is Io be demolished. its documentation pro,.id,:s f'...lure researchers access Io information that otEcrwise would be lost. I'L~BE/HAER documen:,:,lion is developed in a number of ways. First and most usually. the National Park Service employs summer :earns of student architecls. engineers. historians and architeclural hislurians Io develop HABS/t-L-e,.ER documen:alion under supervision of National Park Se."3.'ice professionals. Second. the National Park Service produces HABS/HFI~R documentslion. in ccr. ju.~cfion wilh resloration or o:Ler preserv;..tion Ireatment. of historic buildings managed by the National Park Service. Third. Federal agencies. pursuant Io Section ~'lO[b) of the National Historic Preservation Act. as amended. record those historic properties to be demolished or substanlially altered as result of egency action or assisled action (referred to as mitigation projects). Fourth. individu-ls and organizations prepare documentation to HABS/HAER standard,, sod donate lhat documentslion to the HAIBS/HAER collections. For e-oh of these 44732 Federal Register / Vol. 4/3..N,~a. ;qO / ']'h;,rsd,~.s,. September :'9. d~fferent Documenlation LeveZs will be gel. The Slandards describe the fundamental principles.of HAaS/HAiR documentation. They are supplemented by other material describing more specific guidelines. such as line weights for drawings. preferred techniques for architectural pholography. and fortools for writlen data. This technical information is found in the HABSI}-.L Pa,.ER Procedures Marl. us]. These Guidelihes include important information about diveloping documentation for State or local archives. The State HiSloric Preservation Officer or/he State library should be consulted regarding archival requirements if the documentation will become part of theLr collections. In establishing archives. the important questions of durability and reproducibilily should be considered in relation Io the purposes of the collection. Documentation prepared for ;.?,e purpose of inclusion in the HABS/}'L-LE.R collections must meet the requLremenls below. The HABS/I-L~F,R office of the National Park Service retains the right Io refuse Io accept documentation [or inclusion in the HAaS/HAiR collections when that documentation does not meet HA.aS/HAiR requirements. as specified.be]ow. Standard I: Content 1. Require~er, z: Docu.rnenta tion shall adequalely expl/cate and iliumIrate what is significant or va]uable about the historic building, site, structure or object being documented. 2. Criteria: Documentation shall meet one of the following documentation levels to be considered adequate for inclusion in the HA.BS/H~ collections. a. Documentation Level I: ll) Drawings: a full set of measured drawings depicting existing or historic conditions. (2] Photographs: photographs with large-format negalives of exterior and interior views: photocopies with ]arge format negatives of select existing drawings or historic views '.,.'here available. (31 Written data: history and description. b. Documentation Level It: (1) Drawings: select .eXisting drawings, where available. should be pholographed with large-format negatives or pholographically reproduced on mylar. {21 Photographs: photographs with large-format negatives of exterior and interior views, or historic views. where wailable. [3) Written data: hislory and descriplion. ' c. Documentation Level Ill: (1) Drawings: sketch plan. (2) Photographs: photographs wilh large-format negatives of exterior and interior views. (3) WrjHcn data: archjIectural data form. d. Documentation Level IV: HAAS/ HAER inventory card. 3. Test: Inspection of the documentation by H.MbS/HAER slaff. 4. Comrnentory: The HA.BS/HAER office retains the right to refuse to -accept any documentation on buildings. sit'e. structures or objects lacking historical significance. Generally. buildings. silos. structures Dr objects must be lisled in. or eligible for listi~ Ln the National Register of Historic Places to be considered for inclusion in the H.ABS/HALR collections. The kind and amount of doc~;menlation should be apprepr!a:e ',o' the nature and significance of the buildings, site. structu.re or obiect being documented. For example, Documentation Level 1 would be inappropriate for a building that is a minor element of a historic district. notable only for streetscape context and scale. A full set of measured drawing, for such a minor building would be expensive and would add little, if any. information to the H. ABS/HAER collections. Large format photo~aphy {Documentation Level Iii) would usually be adequale to record the significance of this type of building. Similarly. the aspect of the proper~y that is being documented should reflect the nature and significance of the building, site. structure or object being documented. For example. measu:ed d.rawEngs of Dankmar Adler and Louis Sullivan's Audilorium Building in Chicago should indicate not only facades, floor plans and sections. but also the innovative structural and mechanical systems that were incorporaled in that building. Large format photography of Gunston Hall in Fairfax County. Virginia. to take ano:her example. should clearly show William Bucklend's hand-can'ed moldingm in the Palladian Room. as well as other views. HABS/HAE. R documentation ia usually in the form of measured drawings. photographs. and written data. While the criteria in this section have addressed only lhese media. docu_,'nentation need not be limited to them. Other media. such as films of industrial processes. can and have been used to document historic buildings. sites. structures or'objects. if other media are to be used, the HABS/HAER office should be contacted befor. recording. The actual selection of :he appropriale documenta'.:on level ,,':!I vary, as discussed above. For m~l!E,a:lcn documenIalion projects, this level wlil be selected by the N'ationa] Park So:vice Regional Office and communicated to the agency responsible for completing the documenlaUon. Generally. Level l documentation is required for halion,ally significant buildings and structures. defined as National Historic Landm,,rks and the primary historic unhs of ihe National P~irk Service. 7 . On oc.e'asmn. factors other than signific, ance will dictate the selection of another level of documentation. For example, if a rehabilitation of a prcperty is p'lanned. the ov,'ner may w,sh to ha'.e a full set of as-built drawings. even {hough the significance m.~y mdic,:,:e Level II documen!ation. H,~,.P,S Level I measured drawings usua!2y depict existing conditions uhrough the use of a site plan. ~ocr plans. elevatior~ sections and constrdcfion dcq~i'.s. HAiR Level I measured dra'...'ings ',v:ll frequenfiy depict original conditions where adequate historicM material exists. so as to illustrale manufacturing or engineering processes. Level I1 docusnentaIion differs from Level I by substituting cop,es ofex~hng drawings. either orig:na) or a!meratlun drawings. for recently executed measured drawings. If this is done. :he drawings must meet HAaS/HAiR requirements outlined bdow. White existing drawings are rarely as su:tab:e as as-built drawtaW, s. they are adqu.',~e :n many cases for docu.,mentalion pur;cses. Only when the desirability of having as- built drawings is clear are Level I measured drawings required in addi:,,cn to existing drawings. If existing drawin8s are housed in an accessible collection and cared for arch/vally. their reproduction for H.ABS/HAER may net be necessary. In olher cases. Level I measured drawings are require~ in ',h.e absence of existing drawings. Level 111 documentation requires a sketch plan if i.t helps :o explain the struclure. The archneclural data form should supplement the photographs by explaining what is not readfly vis;b!e. Level IV documentation consists of completed HABS/HAER inventory cards. This level of doc',.u'nentation, unlike the other three levels. is rarely considered adequate documentation for the HABS/HA_ER collections but is underlaken to identJy historic resources in a given area prior Io additional. more comprehensive documentation. Federal Register / Vol. 48, No. 190 / Thursdjy. September 29. 198,3 / Notices 4-1733 c, landard I1: Quality 1. Requirement: HA~S and HAiR documentation shall be Rrepared - accurately from reliable sources with limitations c)early staled to permit independent verification of information. 2. Criteria: For all levels of documentation. the foliowin8 quality slandards shall be met: a. Measured drawings: M'easured drawings shall be produced from recorded. accurate measurements. Portions of the building that were not .ccessible rot measuremeal shbuld nol be drawn on the measured drawTags. but clearly labeled as not accessible or drawn from available construction drawings and other sources and so identified. No part of the measured drawings shall be produced from hypothesis or non-messuremenl related activities. Documentation Level 1 measuu-ed drawings shall be accompanied by a set of field notebooks in which the measurements were first recorded. Other drawings. prepared for Documentation Levels It and Ill. shall include a statement describing where Ihe original drawings are located. b. Lalte format phologrsphs: Large format photographs shall dearly depicl xhe appearance of the property and areas of significance of the recorded building. silo. slructure or object. Each view shall be perspective-corrected and fully captioned. c. WriHen hislory: Written hislory and description for Documenialion Levels l and II shall be based on primary sources to lhe greatest extent possible. For Levels Ill and IV. secondary sources m~y provide adequate information: if ~ut. pr!mary rese.-,rt:h wi]l be necessary. A frank assessment of the reliabilily and hmi!ations of sources shall be included. x,'w'i~hin the wrillen history. statements shall be foolholed as to their sources. where appropriate. The written data sh,=,]) include a melhodology section sptrc=fying name of researcher. date of research. sources searched. and !:milaticns o[ the project. 3. Test.' Inspection of the ducu.-.eatation by HAgS/HAiR staff. 4. C~,?.mentory: The reliability of the I IABS,'HAER collections depends on docume,-.~ation of high quahey. Quality ;s not scmething lhat can be easily prescr:bed or quantified buld derives from a process in which thoroughness and accuracy play a large part. The principle of independent '.'er,fication t IABS/HAER documentation is critical to the HABS/HAER collections. Slandard llh Materials 1. Requiremen. t: HAgS and HAER documentation shall be prepared on materials thai are readily reproducible for ease of access: durable for long storage: and in standard sizes for ease of handling. 2. Criterio: For all levels of documentation, the following material standards sha)) be met: a. Measured Drawings: Readily Reproducible: Ink on translucent material. Durable: Ink on archiva]ly stable meierisis. Standard Sizes: Two sizes: 19 x 24" or 24 x 36". b. Large Format Photographs: Readily Reproducible: Prints shsll accompany el] negatives. Durable: Photograph)' must be archivally processed and stored. Negatives are required on ~afety film only. Resin-coated paper is not accepted. Color photography is not acceptable. Standard Sizes: Three sizes: 4 X 5", 5 X7".BX10". c. Written History' and Description: Readily Reproducible: Clean copy for xercxing. De:able: Archival bond required. Slandard Sizes: 6x,.,, x 11". d. Field Records: Readily Reproducible: Field notebooks may be xeroxed. Photo identification sheet will .accompany 35 mm negatives and Coalact sheets. Durable: No requirement. Standard Sizes: Only requirement is th.t they can be made to fit into a 9% x 12" archival folding file. 3. Test: inspection of the docur:'..entation by HABS/HAER staff. 4. Commentcry: All HABS/HAER records are intended for reproduction: some 20.D00 HABS/HAER records .re reproduced each year by the Library of Congress. Although field records are not intended for quality reproduction. it is intended that they be used to supplement the formal documentalton. The basic durability performance standard for HA.BS/HAER records is 500 years. Ink on mylar is believed to meet this standard. while color photography. for example. does not. Field records do not meet this archival standard. but are maintained in Ihe HASS/HAER collections as a courtesty lo the collection user. Standant IV: Presentation 1. Requireme.nit HABS and HAER documentation shall be clearly and concisely produced. 2. Ctiterio: For levels of documentation as indicated below. the following standards for presentation will be used: a. Measured Drawings: Level I measured drawings will be letlered mechanically [i.e.. Leroy or simAlar) or in a handprinted equiv,:,lent style. Adequate dimension~ shah be included on all sheets. Level Ill sketch plans should be neat and order]y. b. Large formal pholographs: Level I photographs shah include duplicate photographs that inc)udea scaIe. Level Jl and Ill photographs shall include. at a minimum. at least one pholograph with a scale. usually of the principal facade. c. Written litstory and description: Data shall be typewritlen on bond. foi]owingxalccepted re]as of grammar. 3. Test Inspection of the documentation by HAgS/HAiR staff. Arc ylecturo/ odd E/Ig/,nee,'ing D u/nentot/on P:epored ,rot Other ses ' Where a prese~'ation planning process is in use. architectural and engineeriv.3 documentation. like other treatment activities. are undertaken to achieve the goals identified by preservation planning process. Documentation is deliberalely selected as a treatmeal for properties evaluated as significant. and the development of the documentation program for a property follows from the planning objectives. Documentation efforts focus on the significant character,slits of the properly. as defined in the previously completed evaluation. The selection of level of documentation a, nd the documentation techniques [measured drawings. photography. etc.) is based on the significance of the properly and the m~nagement needs for which the documentation is being performed. Fur example. the kind and let'el uf documentation required to record a historic property fur easement purposes may be less detailed than that required as mitigation prior to destruc',ion of the properly. In the former case. essential documentation might be hm:led 1o the portions of the property confro!led by the easement. for example. exterior facades; while in the )alter case. significant interior architectural features and non-visible structural de',ai!s wou]d also be documented. The principles and conical of :he HABS/HAER criteria may be used for guidance. in creating documenla~ion re~uirements for other archi:'c.s. Levels of documentation and the dJrabdjty and sizes of doCumentalicn may vary, depending on the intended use ana..the repository. Accuracy of documentation should be controlled by assessing the reliabilily of all sources and making thai assessment avails, hie in ~he archiv,el record: by describing the limitations of Ihe information available from research and physical examination of the 44734 Federal Register / Vol. 41). No. 1C,;~ / Thursday. September 29, 1983 / Notices property; and by retaining the primary data [field measurements and notebooks} from which the archival record was produced. Usefulness of documentation products depends on preparing the documentation on durable materials that are able to withstand handlin8 and reproduction. and in sizes that can be stored and reproduced without damage. Recommended Sources of Tec/lnico] Information - Recording Historic Buildings. Harley ]. McKee. Government Printing Office. 1970. Washington. D.C. Available through the Superintendent o[ Documenls. U.S. Cavernmeal PrintL,,.8 Office, WashingIon. D.C. 2,0402. CPO number o24-005-.02:)5.-9. HABS/HAER Procedures Manual Hi,qoric American Buildings Survey/Historic American EngineerinS Record. National Park Service. 1980. Washinglon.'D.C. Pho.'og.'~mmezr~C Reco.'dil~g of Cultunit ,~esources. Pcrry E. Butcher.. Technical Preservatiun Se,'n,'ices, U.S. Department of ',k.e Inlerior. lg."7. Washjnton. D,C_~ Rec.' ~fied Photogz'nphy and Pho.,o for .~h'storic Pres~rvcz/un. [. H~nry Chambers. Technical ["teser'.'~|ion S~.'ice~, U.S. Dep~arlmenl ~f the Inienor. 1975. W~shin~lon. Secretary of Lha Inte6. ofs Standstrig fc~r Archeolog]caJ Docuzr. e. atation Archeological documentation is · series of actions applied to properties of archeological interest. Documentation of such prope,'lies may occur at any or all levels of planning. identification. evaluation or treatment. The nature and level of documentslion is ~ctated by each specific set of circumstances. Archeological .documentation consists el' activities such as archival research. observation and recording of above- ground remains. and observation [direcfiy, lhrough excavation. or indirectly. through remote sensing] of below-ground remains. Archeolog/ca] documentation ;s empIoyed for the purpose of T, alhering information on individual historic properties or group~ of properticL It is guided by a framework of objectives and methods derived from the plan,".ing process. and makes use of previous platruing decisions, such as those on evaluation of significance. Archeologicad documentation may be undertaken as an aid to various treatment activities, including research. interpretation, reconstruction. stabilization and data recovery when mitigating archeological losses resulting from construction. Care should be taken to assure that documentation e.rf~rts do not duplicate previous efforts. Standard I, .-~rcheo/oZic,~l Documentation Acdvin'es Follow cn Explicit Stcte.m~nt o/Oby'ecdves cod Methods Thor Responds to Needs /dent flied in :he P/~nning Process Archeological research and documemadon may be ~derlaken fulfill a number of needs. su~ as overviews and bachround studies for pla~ing. interrotation or dais recove~ to mitigate adverse effecIs. The pla~ing needs are articulaled in a stalemeat of objectives to be accomplished by the archeolo8ical documentation activities. The ~talemut of objectives g~de~ ~e selection of monads and tec~ique$ of study and provide~ a comparative framework for evaluating and deciding ~he relative efficiency of a]temafiveL Satisfactory documentation involve~ the use of archeelogical and historical sources. a~ well as ~ose of other disciplines. T~e statement of objectives ~sually takes the form ~f a formal and explicit research design which has evolved from the ~er~lafion o[ planning needs, cu~enl knowledge. resource val~e and Stoodoral iL The Methods and Techniques of Arc~eo]~ic~] Documentation ~ Selected To OL':oin t,~e L~for,~cL;on ~equ/red bf ~e Storemeat of Objectives The methods and lechniques chosen for archeeb~cal documentation should be ~e most effec~k'e, least deskactive. most efficient and economical means of obtaining the needed informa~on. Melhods and lechnique~ s~ould be selected so that the resulls may be verified if necessa~. Non-dest~c~ve te~nique~ should be used whenever appropriate. The focum on stated objectives ~hould be maintained throughout the process of study and documenlaficn. Stond~d HL The Results of AEheo]ogicc] Documentorion are Assessed ~cfnst the Stote,~ent Obfectives ~nd Integ,~led into Planning P~cess One produel of archeolog~c~l documentation ia lhe ~covered data; another ia ~e ~nfermation ~alhered about the usefulnes~ of the ~tatement of objectives itself. T~e recovered d~ta are assesned a~a~nst the ob~ect~ve~ determine how ~ey meet ~e specified pla~ing needL ~omation related to archeological nile t~ea. d~a~ibufion and density ~hould be integated ~ platting at ~e level of identification and evaluation. ~fomafion and data concerning inca-mile ~l~clur~ may be needed for developing mitigation mtrategiea and are appropriately integrated at this level of planning. The results of lhe dala analyses are integraled into :he body of current knowledge. The utility of the method of approach and the particuJar techniques which were used in the investigation {i.e. the research design) should be assessed so that the objectives of future documentation efforts may be modified accordingly. Standard IV. The Resu/:s of Archeo/ogico] Docu.'nenzotion ore Reported ond Mode A vailable to the Pu b ti c Results must be accessible to a broad range of users including appropriate agencies. the professional communi:y and tl'fe general public. Results should be.d~mmu. nicated in reports that a'j'xranarize the objectives. methods. ' iechn/ques and results of ~he documentation activity. and idenlhry the repository cf the m,,aleriais and information so tha~ addlfiona] delai'.ed in.formatjcn can be obtained. if necessary. The public may also benefit from the kno,,vIedge obtained from archeolol6cal documentation through pamphlels. brochures. learlolL djspla>,s and exhibits, or by slide. film or ran)u- media productions. The ~oal of disseminafing in[orma~ion must be balanced. however. with the need to protect sensitive information whose disclosure might result in damage to properties. Curorion anangements sufficient to presen'e artifacts, specimens and records generaled by :he investigation must be provided for to a6sure the availability of these materials for future use. Sec.retary of the lnterior's Gu, idel.ines for A.rcheological DocumentaLjoo In troduction These Guidelines lin. k the Standards for A.rcheo]ogical Documentation wnh more specific guidance and technical information. They describe one approach Io meeting the Slandards for Documentation. A~encies, organiz.:ticns or individuals proposir..g ~o approach arc..heologica.Ldocument- tion differently may wish to review their approach ',,,'l:h the National Park Service. The Guidelines are organized ~'s follows: Ad'chec, logica] Doc'~mentat~on Objectires Documentaijon Plan Melhoda Reporting Resu.hm Cuzation Recommended Sou.roam of Technical Informsfinn 1, Collection of base-line data: Appendix B Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation 62 FR 33712-33714 Federal Register, Friday, June 20, 1997 33712 Federal Register / Vol. 62. No. 119 / Friday. lune 20, 1997 / Notices equivalent to that necessary for the standard degree in that discipline. and to enable that person to make judgments about the identification. evaluation, documentation. registration. or treatment of historic or archeological properties in the United States and its Territories. 19. When is "exceptional experience" a factor? in general. an applicant. employee, consultant. contractor, or advisor who does not possess a combination of education or training. experience, and products would not meet the Standards. However, in some cases, a person's experience and contributions have been so exceptional that he or she demonstrates the level o~ expertise that meets the Standards. In particular. this may apply in those situations where persons embarked upon their careers before recognized academic programs were established. and their education or training was thus attained in alternative ways. In such instances. exceptional experience would be substituted for an academic degree or other t.raining. [t is up to the organization with administrative oversight responsibility for the program or project to determine whether the individual meets the Standards. For example, in a program under the purview of 36 CFR part 61, the State Historic Preservation Office would request an exception from the National Park Service for the person under consideration for a "professional" position on ~e State staff or Review Board. Otherwise, the organization doing the hiring or selecting of personnel would determine whether the individual meets the Standards. Discipline and Historic Preservation Pro~ciencies The Historic Preservation Professional Qualification Standards call for an understanding of the general principles, procedures. and practices in the discipline as they are applied to historic preservation. This eype of expertise is necessary for historic preservation programs in which the employee, consultant, or advisor is expected to deal with a range of historic resources and issues. Proficientlos in the disciplines and in the practice of historic preservation are outlined below. Recommended Discipline Proficiencies The following discipline pro~ciencies 0cuowledge, skills. and abilitieS) should be possessed by applicants, employees, consultants, and advisors: · Knowledge of the history of the discipline. · K_nowledge of current theories, principles. practices. methods. and techniques of the discipline. · Familiarity with diverse specializations within the discipline. · Ski[Is in applying the discipline's techniques of practice, including critical analysis skills. · Understanding of the discipline's relationships with other disciplines and the ability to design and carry out interdisciplinary. proiects. · Understanding of complex research questions. · Ability to placea specific project in a brooder context. · Knowledge of cu.rrent scholarly . .research and its applicability to a given Issue. · Familiarity with the process of rigorous professional peer review that occurs before work is published. Recommended Historic Preservation Proficiencies The following historic preservation proficientlos (kno~vledge, skills, and abilities) should be possessed by applies. ors. employees. consultants, and advisors: · Familiarity with the origins and development of the historic preservation movement, · Kno~vledge of the field of historic preservation as it is practiced in the United States, including its Fhilosophies, theories, practices, laws, regulations, policies, and standards, and relationship to the discipline as a whole. · Ability to apply Federal and relevant State and local historic preservation laws, reg'ulations. p,~Z!c!es. and standards in the public and private sectors, including Federal. State, and local govern. moot agencies, and private organizations. · Ability to apply the appropriate set(s) of the "Secretary of the Interior'S Standards for Archeology and Historic Preservation," and/or the National Register of Historic Places criteria. In consideration of the foregoing, the "Secretary of the Inte:'ior's Professional Qualifies[ion Standards" are proposed to read as follows: Historic Preservation Professional Qualification Standax-~ Archeology (A) Prehistoric A~cheology (B) Historic Archeolo~v Architectural HistoO' Conservation Cultural Anthropology Cu.ration Engineering Folklore Historic A.rchitectu~ Historic Landscape A.,r_.hitecture Historic Preservation PlanRing Historic Preser-.,ation History Archeology; Historic Preservation Professional Qualification Standards Archeology is the study of past human lifeways through the systematic observation. analysis, and protection of the material remains of human activities. Standard for Arch eologist (A) Prehistoric The applicant. employee, consultant. or advisor will have a graduate degree in Anthropology with a specialization in Prehistoric Archeology, or a graduate degree in Archeology with a specialization in Prehistoric Archeology, or a graduate degree in a closely related field (see Academic Background for Archeology), PLUS a minimum of two and one-half years of full-time professional experience in applying the theories. methods. and practices of Archeology that enables professional iudgments to be made about the identification. evaluation. documentation, registration. or treaLment of prehistoric archeological properties in the United States and its Territories (at least six months of experience must have been acquired in the performance of field and analytical activities under the supervision oft professional prehistoric archeologist, and one year of experience in the study of the archeological resources of the prehistoric period must have been at a supervisory level): and products and activities that demonstrate the success~,:l application of acquired proficiencies in the discipline to the practice of historic preservation (see Documenting Professional Experience for A.rcheologists). (B) Historical The applicant. employee. consultant, or advisor will have a graduate degree 'in Anthropology with a specialization in Historical Archeology, or a graduate degree in Archeology with a specialization in Historical Archeology. or a graduate degree in a closely related field (see Academic Background for Archeology). plus a minimum'of two and one-half (2V-) years of full-time professional experience applying the theories, methods/and practices of Archeology that enables professional judgments to be made about the identification. evaluation, documentation, registration. or treatment of historic archeological properties in the United States and its Territories (at least six months of experience must have been acqu.'.n'ed. in Federal Regislet / Vol. 62, No. 119 / Friday, June 20, 1997 / Notices 33713 the performance of field and analytical activities under the supervision of a professional Historical Archeologist, and one year of experience in the study of the archeo]ogical resources of the historic period must have been at a supervisory level); and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic presen'ation (see Documenting Professional Experience for Archeologists). . - (Note: Pursuant to 36 CFR part 61, a person meeting this Slandazd (either Prehistoric or Historic A.rcheology} is required as part of the core staff for each State Historic Preservation Office [SHPO) and as part of each State Review Board. Expertise described by this standard is also needed for Tribal Preservation Office staff or consultants of tribes that have executed a Memorandum of Agreement to implement Section 101(d) of the National Historic Preservation Act. It also may be needed for consultants hired with h?F grant funds and for members of Certified Local Government Commissions.) ArcheoIogy--Academic Background Closely related fields: Anthropology, with a specialization in Arcbeology, is the typical degree discipline for archeologists practicing in the United States. One of the usual requirements for receiving the degree is completion of an archeological field school in which the student learns about techniques of survey, excavation, and laboratory pro~essing. However, degree programs have also been established in Archeology, Cultural Resources Management, Historical ArcheoloFy, and Public Archeo]ogy. Some Historical Archeology programs are housed in History, Public History, or American Studies Departments. For these degrees, a list of courses taken should be reviewed to determine if the program is equivalent to that typically provided for a degree in Anthropology with a specialization in Archeology, including course work in archeological methods and theory, archeoloD, of a geographic region (e.g., North America), and the field school. Discipline specializations: The most prevalent specializations in Archeology include Historical Archeo]ogy or Prehistoric Archeology, i.e., the specialization in resources of either the prehistoric period or the historic period. These specializations necessarily require expertise in different types of sites and different sources of information about past human activities. For example, a prehistoric archeo]ogist usually requires a knOw]edge of environmental sciences, while a historical arcbeolOgist needs to understand the teckuiques of archival research. Additional specialized training and experience is also required for those specializing in, for example, underwater archeology, physical anthropology (human bones and burials), forensic archeo]ogy, or zooarcheology (non-human bones). In addition, archeologisLs typically specialize in the a:cheo]ogical resources of a particulax time period, geographic region, resource B.'pe, or research subject. · ApplyinE the Standard for Archeologist--Documenting Profession a] Experience A pi=of.essional axheologist typically has experience in field survey, site testing, site excavation, artifact identification and analysis, documents research, and report preparation. Supen'ised field experience as a graduate student may be counted as part of'&e overall 23/: year professional experience requirement. A Prehistoric .A:cheo]ogist meeting this Standard would document one )'ear of supervisory experience in the study of prehistoric archeological sites; a His:orica] Archeologist would document one yea of supen'isory experience in the study of sites of the historic period. The m'o archeologist specializations of Prehistoric Archeo]oD, and Historic krcheo]oD, are not interchangeable. Documentation to show that someone qualifies in both Prehistoric and Historic Archeology should include a minimum of one additional )'ear of supe5'isory experience dn resources of the other specialty, for a total of 3V, vea.'~ of experience, with products and activities in both specializations. Products and Activities. Professional experience and expertise must be documented through "products and activities that demonstrate the successful application of acquired pro~ciencies in the discipline to the D:actice of historic presen'ation." ~roducts and activities that meet the appropriate Secretary Standards for .~rcheology and Historic Presen, ation may include: · Sur,,ey and excavation reports of cultu. ral resource management or Section 106 (or other compliance) .=rciects. These reports are typically called "grey literature;" they often have multiple authors and are usually produced in limited quantities by consulting firms. · National Register documentation resulting in property listings or Determinations of Eligibility. · Materials such as presentations, booklets, brochures, lesson plans, or videos that interpret the results of archeological investigation for the professional journals, monographs, books, or chapters in edited books, related' to the preservation of historic or archeological properties. · Presentations at regional, national, or international professional conferences related to the preservation of historic or archeological roperties. · Professional service onPgoards or committees of regional, national, or international professional organizations concerned with the preservation of historic or archeological properties. · Awards, research grants, research fellowships, or invitations to teaching posts. This list is not comprehensive. Furthermore, it is not expected that all of these products and activities will need to be documented in order to meet the Standard; rather, a combination of several of these products and activities would be more typical. However, if the applicant were documenting professional experience in one of the specializations, the majority of products and activities should reflect that specialization. Architectural History; Historic Preservation Professional Qualification Standards Architectural History is the study of the development of building practices through written records and design and the examination of structures, sites, and obiects in order to determine their relatSonship to preceding, contemporary, and subsequent architecture and events. Standa:d for Architectural Historian (a) The applicant, employee, consultant, or advisor will have a graduate degree in Architectural History or a closely related field of study (see Academic Background for Architectural History.), plus a minimum of two (2) years of full-time professional ~xperience applying the theories, methods, and practices of Architectural History that enables professional judgments to be made about the identification, evaluation, documentation,"registration, or treatment of historic properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic presem,'ation [see Documenting Professional Experience for Architectural Historians); or ' ~ ' ['b) An undergraduate degree in Architectural History or a closely 33714 Federal Register / Vol. 62. No. 119 / Friday. June 20. 1997 / Notices related field of study (see Academic Background for Architectural H/story). plus a minimum of four (4) years of full- time professional experience applying the theories. methods. and practices of Architectural History that enables professional judgments to be made about the identification, evaluation. documentation, registration, or treatment of historic properties in the United Star and its Territories; and proficiencies in ~a,e discipline to the practice of historiCpreservation (see Documenting ProfesSional Experience for Historians). [Note: Pursuant to 36 CFR part 61. a person meeting this Sta.ndard is required as part of the core staff for each State Historic Preservation Office (SI-'I?O) and as pa. rt of each State Review Board. Expertise described by this standard is also needed for Tribal Preservation Office staff or consultants of tribes that have executed a Memorandum Agreement to implement Section 101(dl of Lhe National Historic Presem, ation Act. It also may be needed for consultants hired with F'ZPF grant funds and for members of CerIi~ed Local Government Commissions.) Architecturn] History--Academic Background Closely related fields: Professional Architectural Historians typically receive their formal training through Architectural History. Art History. or Historic Presen'ation prograzns, which include course work in American Architectural History. Other fields of study may offer relevant training, provided that course work in American .Architectural History is taken. These other fields may include American Studies, American Civilization, Architecture, Landscape Architecture. Urban and Regional Planning, American History, Historic Preservation. and Public History. Discipline specializations: Architectural Historians tend t0 be generalists, although specializations within Architectural History are typically based on time periods (such as 18th century), on a particular architectural style (s.,uch as Georgian or vernacular), or a co. mbination of these (such as plantatiqti architecture in the antebellum South). Appl~ng the Standard for ArchRectural Historian--Bocumentk~g Professional Experience~ Products and Activities Professional experience and expertise must be documented through "products and activities that demonstrate the successful application of acquired proficiencies in the discipline to the practice of historic preservation." A professional Architectural Historian typically has expertise in research, survey. documentation. and evaluation. of architectural resources. including buildings. sunnatures. objects. and districts. Documentation of such experience is desirable. Products and activities that meet the appropriate Secreta:Z,."s Standards for Archeolog and Historic Preservation may include: · Survey reports assessing the significance of historic properties. · Historic structure reports. · National Register documentation resulting in property listings or Determinations of Eligibility. '. * Documentation that meets HABS/ HAER standards for recording historic properties. · Publications. which might include articles in regional. national, or international professional journals, monographs, boo'ks, or chapters in edited boo'ks. related to the preservation of historic structures. · Presentations at regional, national., or international professional conferezces related to the preservation of historic structures. · Professional service on boards or committees of regional. national, or international professional o~anizations concerned with the preservation of historic structures. · Awa.rds, research grants. research fellowships. or invitations to teaching posts. This list is not comprehensive. Furthermore. it should be understood that not all of these products and activities are needed in order to meet the Standard; rather. a combination of several products and activities would be more typical. If the applicant were documenting professional experience in one of the specializations, however, the maiority of products and activities would naturally reflect that specialization. Conservation; Historic Preservation Professional Qualification Standards Conserva~on is ~e practice of prolonging the physical and aesthetic life of prehistoric and historic mater~al culture thorough documentation, preventive care. treatment. and research. Standard for Conservator (a) The applicant. employee, consultant. or advisor will have a graduate degree in Conservation or a graduate degree in a closely related field of study with a certificate in Conservation (see Academic Background for Conservation), plus a minimu:n of three (3) years of full-time professional experience applying the theories, methods. and practices of Conservation that enables professional judgments to be made about the identification, evaluation. documentation or treatment of objects associated with historic and prehistoric properties in the United States and its Territories: and products and activities that demonstrate the successful application of acquired pro~ciencies in the discipline to uhe practice of historic preservation (see Documenting Professional Experience for Conservators); or' * ' Cb) An undograduate degree in Art History, or Natural or Physical Science. or another closely related field to Conservation (see Academic Background for Conservation), with an additional (3) years of full-time enrollment in an apprenticeship program equivalent to graduate studies in Conservation and supervised by a professional Conservator; plus a minimum of three (3) },ears full-time professional experience applying the theories, methods, and prac~ces of Conservation that enables professional judgments to be made about the identification. evaluation. documentation. or treatment of objects associated with historic and prehistoric properties in the United States and its Territories; and products and activities that demonstrate the successful application of acquired proficienci~s in the discipline to the practice of historic preservation (see Documenting Professional Experience for Conservators). Conservation--Academic Background Closely related fields: Since Conservators tend to specialize in a particular class of objects. closely related fields will be diverse, and could include Art. Art Conservation. Art History, Architecture, Historic Preservation, Museum Studies. Chemistry, Physics, Engineering (or a related scientific field). Archeology. Anthropology.. or other fields related to the conservation specialization. Ira closely related field is being claimed, the degree in the closely related field should be accompanied by a certificate in Conservation. or the completion of course work equivalent to that typically offered in graduate Conservation programs. This course work should include e:~amination, documentation. and treatment of objects; history and technology of objects; and conservation science. In addition, such a program should include the completion of a two- semester internship. Discipline specializations: Professional conservators specialize in the treatment and maintenance era ' Janua~ 7,1998 CITY OF I0 WA CITY Mr. Ron Pulcher Environmental Analysis Branch Rock Island District Corps of Engineers Clock Tower Building P.O. Box 2004 Rock Island, II 61204-2004 Memorandum of Agreement Regarding the Iowa River Power Dam (Corps Permit No. CENCR-RD-316170) Dear Mr. Pulcher: The City of Iowa City has now executed the above-referenced memorandum of agreement. Pursuant to Mr. Dudley Hanson's letter to me of November 12, 1997, I am returning all four executed copies to you. I assume you will obtain the remaining signatures needed from the Iowa State Historic Preservation Officer and the Advisory Council. A copy of Mr. Hanson's letter to me of November 12, 1997 is enclosed for your information. Please return a fully executed copy of the MOA to me once all signatures are obtained. Thank you for your attention to this matter. Eleanor M. Dilkes City Attorney Enclosure cc: Chuck Schmadeke, Public Works Director City Clerk (w/original resolution and copy of MOA) eleanortltr/pulcher2.doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA $2240-1826 · (319) 356-5000 · FAX (319) 356-$009 Planning Division DEPARTMENT OF THE ARMY ROCK ISLAND DISTRICT. CORPS OF ENGINEERS CLOCK TOWER BUILDING -- P O BOX 2004 ROCK ISLAND. ILLINOIS 61204-2004 November 12, 1997 Ms. Eleanor M. Dilkes City Attorney City of Iowa City 410 East Washington Street Iowa City, Iowa 52240-1826 Dear Ms. Dilkes: The Rock Island District of the U.S. Army Corps of Engineers (Corps) has signed the Memorandum of Agreement (MOA) to address the Corps' responsibilities under Section 106 of the National Historic Preservation Act for the Iowa River Power Dam (Corps Permit Number CENCR-RD-316 170). Please have the person with the proper authority sign each of the four enclosed original copies of the MOA and return them to the address above, ATTN: Planning Division (Ron Pulcher). If you have any questions regarding this matter, please call Mr. Ron Pulcher of our Environmental Analysis Branch, telephone 309/794-5384, or you may write to our address above, ATTN: Planning Division (Ron Pulcher). Sincerely, Dudley M. Hanson, P.E. Chief, Planning Division Enclosure (4 copies) ROUTING AND TRANSMITTAL SLIP TO: (NAtvIE, ()FFICE SYMBOL. ROO[vl NUA4BER. B(.TLD[NC;. AGENCY/POST) 1. Eleanor Dilkes - City of Iowa City 2. Maria Pandullo - State Hist Society of Iowa DATE 2/17/98 INITIALS DATE 3. CE1VIVR-RD-E OValsh) - Official Permit File Action File Note and Retun~ Approval For Clearance Per Conversation As Requested For Correction Prepare Reply Circulate For Your Information See Me Co~mnent Investigation S io~ature Coordination Justify REMARKS REFERENCE: Corps of Engineer letter dated 2/6/98 to the Advisory. Cmmcil on Historic Preservation Dept of the Army Permit No. CEMVR-RD-316170 IOWA RIVER POWER DAM, City of Iowa City, Applicmm Attached please find: 1. Advisory Council on Historic Preservation letter dated 2/13/98 2. Fully executed MOA/br IOWA RIVER POWER DAM If you have questions please contact me at 309/794-5384. DO NOT use this form as a RECORD of approvals, concurrences, disposals, clearances, and similar actions. FROM: (Name, org, Symbol, Ag ost) Room No.--Bldg. Ron Pulcher Archaeol6gist ~ CEMVR-P~'.E· Phone No. OPTIONAL FORM 41 (Rev. 7-76) Advisory Council On Hi~oric Preservation The Old Post Office Building 1100 Pennsylvania Avenue, NW, #809 Washington. DC 20004 FEB 13 !998 Mr. Dudley M. Hanson, P.E. Chief, Planning Division Rock Island District, Corps of Engineers Clock Tower Building P.O. Box 2004 Rock Island, IL 61204-2004 REF: Johnson County, Iowa, Iowa River Power Dam Dear Mr. Hanson: The enclosed Memorandum of Agreement for the referenced project has been accepted by the Council. Tt'ds acceptance completes the requirements of Section 106 of the National Historic Preservation Act and the Council's regulations. Please proi'ide an original copy of the fully- executed Agreement to the Iowa State Historic Preservation Officer. We appreciate your continued cooperation. Should you have any questions, please contact me at (202) 606-8554. Sincerely, Tom McCulloch Office of Planning and Review Enclosures l ,'T'~ _F' ~ :-! ~, ...'-.,-- , c ' -~ -' r"~ ;~,.' ;~ t_.o .? Prepared by: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 97-396 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORMWATER DETENTION BASIN EASEMENT AGREEMENT WITH STERLING HOUSE CORPORATION FOR PROPERTY LOCATED AT SCOTT BOULEVARD AND LOWER WEST BRANCH ROAD. WHEREAS, pursuant to Title 14, Chapter 5, Article H of the Iowa City, Iowa, City Code, Sterling House Corporation submitted a site plan for development of an assisted living facility located at Scott Boulevard and Lower West Branch Road; and WHEREAS, City staff approved the site plan subject to the property owners entering into a Stormwater Detention Basin Easement Agreement to accommodate the stormwater runoff from the development and to preserve the integrity of the stormwater management system in the future; and WHEREAS, the easement agreement requires City Council approval; and WHEREAS, the execution of said easement agreement is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the Stormwater Detention Basin Easement Agreement with Steding House Corporation for the property located on at Scott Boulevard and Lower West Branch Road. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above-referenced Easement Agreement in the Johnson County Recorder's Office at Sterling House Corporation's expense. Passed and approved this 9th day of December ,1997. MAYOR ~~~' ~7~,~,, Resolution No. 97-396 Page 2 It was moved by Iehman and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef STORM WATER DETENTION BASIN EASEMENT AGREEMENT THIS AGREEMENT is made by and between STERLING HOUSE CORPORATION, a Kansas corporation (hereafter the "Owner"), and the CITY OF IOWA CITY, IOWA, a municipal corporation (hereafter the "City"). IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Owner hereby grants and conveys to the City easements for purpose of installing, operating and maintaining storm water control facilities and storage areas otherwise known as a Storm Water Detention Basin ("Facilities") and also a one hundred twelve (112) foot wide right-of-way with right of ingress and egress thereto, over and across the areas designated as "Storm Water Detention and Access Easement" ("Easement Areas") as shown on the proposed easement plat attached hereto as Exhibit A, and incorporated herein by reference, which document was recorded with the Johnson County, Iowa Recorder on June 10, 1997, in Book 37 at Page 348 as File No. 022127. The Owner further grants to the City the following rights in connection with said easement: 1. The right to grade the Easement Areas for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said Easement Areas to such extent deemed reasonably necessary by the City. 2. The right from time to time to trim, cut down and clear away all trees and brush on said Easement Areas and on either side of said Easement Areas which now or hereafter, in the City's reasonable judgment, may constitute a hazard to the Facilities or may interfere with the exercise of the City's rights hereunder in any manner. 3. The City shall indemnify the Owner against any loss, cost or damage which Owner may incur or which shall be caused by the negligent exercise of any said ingress or egress rights, or the construction, use or maintenance of the Easement Areas or Facilities by the City or its agents, contractors or employees in the course of their employment. 4. The Owner reserves a right to use said Easement Areas for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owner shall not erect or construct on said Easement Areas any building, fence, retaining wall or other structures; plant any trees, drill or operate any well; construct any obstructions on or substantially add to the ground cover of said Easement Areas. KC1-300101.1 5. The Owner (a) shall maintain the Easement Areas free from weeds and debris; (b) shall not fill or permit the Facilities to be filled; and (c) shall maintain its land so as to minimize erosion in and around said Easement Areas. 6. The Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate described in Exhibit A hereto and that it has good and lawful right to convey it or any part thereof. 7. After completion of construction of the Facilities, the Owner and its successors and assigns shall thereafter maintain the Facilities and Easement Areas in such condition as to facilitate the proper functioning of said Facilities. Maintenance shall include maintaining and mowing the ground cover over the areas adjacent to the basin and keeping the basin and its conduits free of debris. The City shall have no obligation for maintenance of the Facilities or the Easement Areas. However, the City shall have the right, but not the obligation, to enforce the terms of this Agreement, including, but not limited to, the right to perform emergency repairs, conduit cleaning, reconstruction or maintenance on the Facility at the Owner's expense without notice to the Owner. 8. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements herein described nor shall the Owner be deemed to be acting as the City's agent during the original construction and installation of said improvements. The parties agree that the obligation to install the public improvements herein described shall be in accordance with City specifications, and the obligation shall remain on the Owner until completion by the Owner and acceptance by the City, as provided by law. This Agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. DATED this ,,9 5'~'' day of 1997. STERLING HOUSE CORPORATION, a Kansas corporation Printed Name: Title: KC1-300101.1 CITY OF IOWA CITY, IOWA By: ATTEST: Naomi J. Novick, Mayor Marian K. Karr, City Clerk STATE OF KANSAS ) ) ss. ~-[~gd~e~/t~L COUNTY ) On this ,.2j""'day of //,,,/od , 1997, before me, the undersigned, a Notary Public in and for the State of Kansas, personally appeared ,d'TZ4,ce,,e~ Z2/,z/__ _,~,x_/ZI z~ ,c~ tc, to me personally known, who being by me duly sworn did say that he is the J/,,d of the corporation executing the within and foregoing instrument,. that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that ,,b"~ as officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by him voluntarily executed. Kansas My Commission Expires: T. SUE ANDERSON NOTARY pUBLIC STATE OF KANSAS My Appt. Exp. ~ Notary Public in and for the State of KC 1-300101.1 STATE OF IOWA ) JOHNSON COUNTY ) On this ~ ~6 day of Der--e~e.~ , 1997, before me, the undersigned, a Notary Public in and for said County, personally appeared Naomi J. Novick and Marian K. Karr to me personally known, who being by me duly sworn did say that they are the Mayor and City Clerk respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation, and that Naomi J. Novick and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for the State of Iowa My Commission Expires: s/v ~/~,~ KC 1-300101.1 WATFR DRAINAGE F,~_qEMEN'r I FGAL DESCRIPTION pARCEL ,97040 112.00 Teet of ~'~rc,-| 9704.0 (oco*~,d l, thor ,Ngrl. rlwea& comet o EB~ DF, VELO~MENT Townsh;o 79. Rart~, 5 Wezt or the .'~th r~.b~.. johnion C~nty. NO MANAC~EMENT CO. FND 'X' McCLUBE ENGINEER]NO CO. Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., iowa City, IA 52240 (319) 356-5251 RESOLUTION NO. 97-397 CONSIDER A RESOLUTION APPROVING, AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST, A MEMORANDUM OF AGREEMENT AMONG THE U.S. ARMY CORPS OF ENGINEERS, ROCK ISLAND DISTRICT; THE IOWA STATE HISTORIC PRESERVATION OFFICER; AND THE CITY OF IOWA CITY, IOWA; REGARDING THE IOWA CITY WATER FACILITY IMPROVEMENTS AND PROPERTY PURCHASED UNDER THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AS SUBMI'F!'ED TO THE ADVISORY COUNCIL ON HISTORIC PRESERVATION PURSUANT TO 36 CFR 800.6(a) WHEREAS, the Rock Island District of the U.S. Army Corps of Engineers (COE) has determined that issuance of Department of the Army Permit No. CEMVR-RD-318170 for construction of the Iowa City Water Facility Improvements within the COE Permit Area illustrated on Sheet Nos. D.01 through D.03 in Appendix A of this Memorandum of Agreement (MOA) (hereina~er "Project"), all located in fractional parts of Section 33, T80N, R6W and in fractional parts of Sections 4, 5, 8, and 9, T79N, RGW, Johnson County, Iowa, will have an effect upon archeological sites 13JH708, 13JH712, 13JH714, and illustrated on Sheet Nos. D.04 through D.07 in Appendix A; properties potentially eligible for inclusion in the National Register of Historic Places, 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. § 4700; and WHEREAS, the City of Iowa City (City), State of Iowa, has been delegated Federal environmental responsibilities under the U .S. Department of Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) program under the provisions of 24 CFR Part 58, and has determined that portions of the Iowa City Water Facility Improvements Project on real estate tracts purchased partially with CDBG funds (CDBG Purchase Area), and illustrated on Sheets D.02, D.03, D.06, and D.07 in Appendix A and Map 1 in Appendix B of this document; (see Appendix C for a complete legal description of the CDBG Purchase Area), will have an effect on archeological sites 13JH708 and 13JH712; properties potentially eligible for inclusion in the National Register of Historic Places, 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, § 470f); and WHEREAS, the COE, the City, and the Iowa SHPO agree that the issuance of the Department of the Army Permit No CEMVR-RD-318170 for the Project and Project undertakings within the CDBG Purchase Area shall be implemented in accordance with certain stipulations in order to take into account the effect of the Iowa City Water Facility Improvements Project on histodc properties: and Resolution No. 97-397 Page 2 WHEREAS, the COE, the City and the Iowa SHPO have negotiated mutually agreeable terms which satisfy 36 CFR Part 800, the regulations implementing Section 106 of the National Histodc Preservation Act (16 U.S.C. § 470f), as well as other requirements for the issuance of necessary permits. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The terms and conditions contained in the Memorandum of Agreement among the U.S. Army Corps of Engineers, Rock Island District; the Iowa State Historic Preservation Officer; and the City of Iowa City, Iowa; regarding the Iowa City water facility improvements and property purchased under the U. S. Department of Housing and Urban Development's Community Development Block Grant Program as Submitted to the Advisory Council on Historic Preservation pursuant to 36 cfr 800.6(a) attached hereto and incorporated herein is hereby approved as to form and content. The Mayor is authorized to execute, and the City Clerk to attest, the attached Memorandum of Agreement for and on behalf of the City of Iowa City. Passed and approved this 9th day of December , 1997. ATTEST: CIT~~ 2~' Sarah/landuse\wtrmoare,doc MAyOR'2K~(j~, PPr°vcTt' ,"'/'2/_ C'ty A .~U~,/ /Z Resolution No. 97-397 Page 3 It was moved by Lehman and seconded by adopted, and upon roll call there were: Vanderh0ef the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Advisory Council On Historic Preservation The Old Post Office Building 1100 Pennsylvania Avenue, NW, #809 Washington. DC 20004 FEB'2 0 1998 Mr. Dudl6y M. Hanson, P.E. Chief, Planning Division Rock Island District, Corps of Engineers Clock Tower Building P.O. Box 2004 Rock Island, IL 61204-2004 REF: Corps of Engineers permit CENCR-RD-318170, construction of Iowa City, Iowa, Water Supply and Treatment Facility Dear Mr. Hanson: The enclosed Memorandum of Agreement for the referenced project has been accepted by the Council. This acceptance completes the requirements of Section 106 of the National Historic Preservation Act and the Council's regulations. Please provide a copy of the signed Agreement to the Iowa State Historic Preservation Officer. We appreciate your continued cooperation. Should you have any questions, please contact me at (202) 606-8554. Sincerely, Tom McCulloch Office of Planning and Review Enclosure KD -P :~2~Pr GOT,- piLiZ-2~ Sh"PD MEMORANDUM OF AGREEMENT AMONG THE U.S. ARMY CORPS OF ENGINEERS, ROCK ISLAND DISTRICT; THE IOWA STATE HISTORIC PRESERVATION OFFICER; AND THE CITY OF IOWA CITY, IOWA; REGARDING THE IOWA CITY WATER FACILITY IMPROVEMENTS AND PROPERTY PURCHASED UNDER THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUBMITTED TO THE ADVISORY COUNCIL ON HISTORIC PRESERVATION PURSUANT TO 36 CFR 800.6(a) WHEREAS, the Rock Island District of the U.S. Army Corps of Engineers (COE) has determined that issuance of Department of the Army Permit No. CEMVR-RD-318170 for construction of the Iowa City Water Facility Improvements within the COE Permit Area illustrated on Sheet Nos. D.Ol through D.03 in Appendix A of this Memorandum of Agreement (MOA) (hereina~er 'Project"), all located in fractional parts of Section 33, T80N; R6W and in fractional parts of Sections 4, 5, 8, and 9, T79N, R6W, Johnson County, Iowa, will have an effect upon archeological sites 13JH708, 13JH712, 13JH714, and illustrated on Sheet Nos. D.04 through D.07 in Appendix A; properties potentially eligible for inclusion in the National Register of Histodc Places, and has consulted with the Iowa State Histodc Preservation Officer (SHPO) pursuant to 36 CFR Part 800, regulations implementing Section 106 of the National Histodc Preservation Act (16 U.S.C. § 4.,700; ~and WHEREAS, the City of Iowa City (City), State of Iowa, has been delegated Federal environmental responsibilifies under the U.S. DL=partment of Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) program under the provisions of 24 CFR Part 58, and has determined that portions of the Iowa City Water Facility Improvements Project on real estate tracts purchased partially with CDBG funds (CDBG Purchase Area), and illustrated on Sheets D.02, D.03, D.06, and D.07 in Appendix A and Map 1 in Appendix B of this document; (see Appendix C for a complete legal description of the CDBG Purchase Area), will have an effect on archeological sites 13JH708 and 13JH712; properties potentially eligible for inclusion in the National Register of Histodc Places, 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. § 470f); and WHEREAS, ~he definitions given in Appendix C are applicable throughout this Memorandum of Agreement (terms in bold are found in Appendix C); NOW, THEREFORE, the COE, the City, and the Iowa SHPO agree that the issuance of the Department of the Army Permit No CEMVR-RD-318170 for the Project and Project undertakings within the CDBG Purchase Area shall be implemented in accordance with the following stipulations in order to take into account the effect of the undertaking on histodc properties. Stipulations 1. The COE will ensure that issuance of Permit No. CEMVR-RD-318170 to the City is withheld until this MOA has been signed by all parties. 2. The City will ensure that no Project activity of any type is conducted on or within two (2) meters of the site areas identified by site numbers 13JH708, 13JH712 amd 13JH714 on Sheets D.04 through D.07 in Appendix A of this MOA. (A.) The City will ensure that no one ddves across, parks, stores, or otherwise operates vehicles or equipment on or within these site areas. (B.) The City will ensure that no one deposits or re-deposits, either permanently or temporarily,--or allows to be deposited or re-deposited--any fill material, or any other type of material whatsoever, on or within these site areas. (C.) The City shall delineate these site areas by clearly fencing and signing their perimeter prior to the initiation of any work authorized under any COE permit for this project. The City shall ensure that perimeter establishment is conducted under the direction of a qualified archeologist. (1.) Fencing shall be clearly visible, and signing clearly legible, to all vehicles and equipment operator's cab or platform at a distance of 30 meters (98 feet) from the. perimeter of the site area, (2.) Signage shall read "Restricted Area, Dg Not,,Enter." (3.) Fencing and signing shall duration of all construction activity. remain in place and visible throughout the (4.) Fencing shall generally be placed 5 meters (16 feet), but in no case less than 2 meters (6.6 feet). outside the site perimeter to provide a reasonable buffer between the site perimeter and the fencing. (D.) The City will ensure that the provisions of this Stipulation 2 are carried out by providing for a program of weekly on-site inspection dudng construction activities. Results of inspections shall be maintained in writing. Any situation or activity found to be in violation of this MOA shall be reported in writing to the SHPO within three (3) working days of the date of the inspection along with a summary of the action taken to correct the violation. 3. Prior to any soil disturbance authorized by the COE permit on unsurveyed portions of the COE Permit Area, the City shall ensure that an archaeological survey of that portion of the COE Permit Area not surveyed; consisting of land illustrated on sheet No. D.02 in Appendix A; described as 100 feet wide by 1,000 feet long; and consisting of 2.3 acres more or less, shall be conducted in a manner consistent with the Secretary of Interior's Guidelines for Identification (Federal Register 48:190:44720-23) and taking into account NPS publication, The Archeological Survey: Methods and Uses (1978: GPO Stock 1/024-016-00091) and relevant guidelines of the State Historic Preservation Officer of Iowa (SHPO) as may currently be in effect. (A.) The Survey shall be conducted in consultation with the SHPO, and a report of the survey, meeting the standards of the SHPO, shall be submitted to the SHPO for review and approval. (B.) The City shall evaluate properties identified through the survey in accordance with 36 CFR Part 800.4 (c). If the survey results in the identification of properties that are eligible for the National Register of Historic Places, the City shall comply with 36 CFR Part 800.5. 4. Presently, it is uncertain whether this proposed project will have a visual effect on any of the significant contributing elements at the Butler farmstead (13JH714). The presence of a large upland knoll immediately south of the Butler farmstead may provide enough of a visual barrier to obscure the view of the constructed lagoons from the farmstead. However, if after completion of the Water Treatment Facility the constructed structures will pose a visual effect on the Butler farmstead, the City will plant trees and shrubs which will obscure the view. 5. Long-term preservation of Montgomery-Butler House: (A.) The City will fence, avoid, and protect the site, including the house, outbuildings, and any designated archeological sites, during construction. (B.) The City, will stabilize the Montgomery-Butler House in place, according to a stabilization plan developed in consultation with the SHPO. (C.) At the City's discretion and commensurate with the City's ability to fund rehabilitation efforts, the City will rehabilitate the Montgomery-Butler House consistent with the Secretary of the Intedor's Guidelines for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (36 CFR 67), as determined by the Iowa City Historic Preservation CommissiOn, for a public purpose to be determined by the City; or, will seek an appropriate preservation group to acquire the property for rehabilitation. If rehabilitation cannot be achieved within five years of the date of ratification of this' agreement by one of the above methods, the City will be released from any obligation to do so and may, continue to avoid any impact on the property by actions of the City, or divest itself of the site and be released from any obligations or responsibilities in regard to this site. The City ,shall submit an ~,nr, ual repor~ on the anniversary date ef this agreement to SHPO describing the efforts and progress being made toward rehabilitation. (D.) The City will ensure compliance with the provisiens of this agreement concerning the long term preservation of the Montgomery-Butler House. 6. If any of the signatories to this Memorandum of Agreement determines that the terms of the agreement cannot be met, or believes a change is necessary, the signatory shall immediately request the other parties consider an amendment or addendum to the agreement. Such an amendment or addendum will be executed in the same manner as the original Memorandum of Agreement. Execution of this Memorandum of Agreement by the COE and the SHPO, its subsequent acceptance by the Council, and implementation of its terms, evidence that the COE has afforded the Council an opportunity to comment on the Project and its effects on historic properties, and that the COE has taken into account the effects of the undertaking on historic properties. U, S. ARMY CORPS OF ENGINEERS, ROCK ISLAND DISTRICT By: ., / Date: /--:~"mes V. Mudd, Colonel District Engineer U.S. Army Corps of Engineers CITY OF IOWA CITY, IOWA Naomi J. Novick, Ma2zor (Print or type name and title of signer) Date: December 9, 1997 By: ~ Patricia Ohlerking Deputy State Historic Preservation Officer State Historical Society of Iowa Date: ACCEPTED for the Advis~2Cuuncil on Histodc Preservation Date: (Print or type name and title of signer) eleanor/vratermca,doc APPENDIX A COE Permit Area -- 62 S,a,N0 P~T ! N 62T13t.C1 2171o6a.71 N 621546,56 ( 217120~4', N 62U~3.,%1 2171326.25 CourcToe W~:LL 12 N 62'O935,O6 '*' ( 2~Tt317.0e · .,.:.::v.v.v.-,v.'l : ::::::::::::::::::::::::::::::: 6~3.4 r 2171451..22 ::::::::::::::::::::::::::::::::::: i :::::::::::::::::::::::::::::::::: ~iEEE:E:EiEiEiiiE~:EEEi:E:EEEE!E::~i _. ........ N 621129.53 E 2172783.0T E 2172943...%4 C 2 7222~. 5 li w[u. t2 · N 62324.01 0N, K PPiC ,ce GAff.: .NOV 1995 NO,. ~ B, JM M NUMB~ $13015--C~--151.' O 3CQrT L'QNTR,~TO~ TO PROT[CT 5,r,,aFCANT HXSI'ORCAL ~ 13JH714 / / N 621775,93, ' [ 217.4094,}4 LEGEND F':':':':':+:':+:':':':':':':':':':'l IOWA CITY WATER DIVISION · SITE ~~ PHASE - I IOWA C~, IOWA OeNnfigY:.MO .aogOA~.: · NQV. e. fi;gS C..AO FtL(: O:%CAD'~',l..~IS\OOO6%22SO%f~'S%C-DQ2.D~G (PKUC' e# GAll( 91' IOWA CITY WATER SITE DEVELOPfaENT IOWA C::~'Y. 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CO,~'rRUCT.ON UUffS P-'.----------'.------'-'-'-'-'-'-'-'-'I ~ J0e0AIT..: NOV 19~ NO. Iil~ .408 ~R: 51,,I015-0006-151~ 30. 1f$7 4.'06'.32 o.~ IOWA Crl'Y WATER DIVISION SITE DEVELOPMENT PHASE - I IOWA (IFY. IOWA / / ~ II1l: O:~k~IIOtS%Q4XII%l"~jO%O'$%C-IIOIJ3~C (PKL~ I) IOWA CITY WATER DIVISIOI4 SITE DEVEL.OPMENT PHASE - I ,- ................ · " /' i · * ........... ,,i' I' / / I, / · C::""""' " .'.'-'-'-'.':':':':';':';'~';':':':'.'i]; !:,?:~'~-~-~ ;-]'-.~/" ,., .................... ... ...... ~ . ~ . . -/ ................... /" .... i' !, . ~. .................. ./" ' '" I ' ! ,J' \~.'.'.'.'.'.'.' .'. '.'.'. ....:;...~.. .,. ..... ,.~ ...... ',.,- - - - .: . i - \ 'C..: - ':' ' ' -~' ...... i- / * - :-.- . , , :.- . ~- -i / .,.. ~ .'.'.. -.-..;.:--,:.-_=- _: ~_-.-.,:--: :..:, _:_;/.' .~ .,.- - - ...... .. - -_ ....i~)...'~..' '~' ' :"' '/ """ . ::--: ~:.' :':',:,.Z.zz'-::"--'"".-;~:)*' i'-',:'.~ .-.-.-.-.-.-.-. -.-.-.-.-.-./_2<<..-.-: ~ -,~ ................. " '~ "~ ,'~: .......... C"';""L"%"'T"~""~"';"""""":~'L'~"'r'Z'~,' " "::;'~ ~ =':'=""" """:" "~ ""~ ;': '-:::: Z: ..................-'-'-'-'-'-'-' *--Y-'-'- / ! SILURiaN I " ! WELL #4 i I. ....................... SHEET D.03 FOR -~ " CONSTRUCTK)N U~n'5 ' -- / / LEGEND F':':"':':':':':':':':':':':':':':':':'I wt"IMNOS IOWA CITY WATER DIVISION SITE DEVELOPMENT PHASE - I IOWA CITY, IOWA ,, eo.-W' os~qa. xncI 9titGD tit XI(1NI-cIcIaV AUDITOR'S PARCEL 95079 8.70 ACRES .F--..--- 66'xl 20' ACCESS EASEMENT O,4,,,. O NON-FLOODPLAIN VV .,.-"' 76.74 ACRES ~ .,.-"" ELEVATION LINE (100 YR. ?~, .~,9~, Z~ X At, A'(TS OF ,~gg3 FLOOD-- "" -.5. 4.X ."" 8~,,~ .......· ......... 100 YEAR FLOODPLAIN 3.28 ACRES S 'C 70/V 8 9 LEGEN &, - A _ A - · - 0 - D AND NOTES CONGRESSIONAL CORNER, FOUND CONGRESSIONAL CORNER. REESTABUSHED CONGRESSIONAL CORNER, RECGROED LOCAT)ON PROPERTY CORNER(S), FOUND PROPERTY CORNERS 'SET (5/8' Iron Pin w/LS Cop) - PROPERTY &/of BOUNDARY LINES - CONG41ESSIONAL SECT)ON LINES - RIGHT-OF-WAY tJN&'S - CENTER UNES - LOT UNES, INTERNAL - LOT UNES, PLATTED OR BY DEED -- EAS~:MENT UNES, W~DTH k PURPOSE NO'rED ....... EXlSTIN~I EASEMENT LINES, PURPOSE NOTED ti' - RECORDED DIMENSIONS MS - MEASURED 01MENSIONS C -t - CURVE SECUENT NUMBER U4e FSS NOT[C 01HO~SZ, AU. 01~D~QNS Ai~'~ IN FEET AN0 HUN3RElt4S ERROR OF 3LOSURE IS LESS 1~AN 1 FOOT IN 20,000 FEET U11UTY [ASE:~EN1S SHALL INCLUDE ALL PLAI"~O RIGHT-OF-WAYS AND ARE F ROV1OED FOR GAS. ELECTRICITY, TELEPHONE, T.V. CABLE'.qSION. SANITARY SEWERS. WATER MAINS, AND STORM SEWr, R DRAINAGE. N S 0 300 600 0 650 1 "= approx. 450' 1300 FEET Scale map of CDBG Purchase Area. Adapted from map drafted by MMS Consultants, Inc., Iowa City, Iowa. /1111 APPENrDIX C Definitions COE Permit Area. That portion of the Iowa City Water Plant project requiring a Department of the Army Permit under Section 404 of the Clean Water Act (33 U.S.C. 1344). The permit area is illustrated on Sheet Nos. D.01 though D.03 in Appendix A. CDBG Purchase Area. Land purchased in 1995 with Community Development Block Grant money received from the U.S. Department of Housing and Urban Development (HUD) for Flood Hazard Mitigation. The CDBG purchase area is illustrated on Sheet Nos. D.02 through D.03 in Appendix A and Map 1 in Appendix B. The legal description of the purchase area is presented below. Government Lot 5 except the east 26 ¼ acres thereof and Government Lots 3 and 4, of Section 4; Also all that part of Section 5 lying east of the Iowa River, except that part thereof on which the east end of the dam across said river known as the Coralville dam, is constructed, and except that part thereof on which the abutments of said dam are constructed, and subject to the right to quarry all stone thereon which may be needed in keeping up and repairing said dam including the banks, abutments, and piers, and subject tot he fight to haul said stone across said premises; Also all that part of Section 8 lying north and east of the Iowa River; Also all that part on the northwest quarter of Section 9 lying north and west of the Iowa River; All of the above described premises being in township 79 North, R~ge 6 West of the 5th P.M. And more particularly described as: Commencing at the South Quarter Comer of Section 4, T79N, R6W of the 5~h P.M.: Thence N0°139'04"W along the East line of the SWI/4 of said Section 4, a distance of 1317.64 feet; Thence S 89°43'51 ", 234.05 feet to the Northeasterly Comer of Government Lot 4 of said Section 4 and the Point of beginning: Thence Southwesterly, Westerly, Northwesterly, and Northeasterly along the left bank of the Iowa River: Thence S65°32' 14"E, 972.25 feet: Thence N76°18' 18"E, 468.47 feet to a point on the West line of the East 26 I/2 acres of Government lot 5 of Said Section 4: Thence S01°39'04"E, along the said West line 981.65 feet to the Southwest comer of said East 26 x,~ acres; Thence N89°43'51" along the south line of the said east 26 V2 acres, 658.99 feet to the point of. beginning. Said parcel of land contains 190.02 acres more or less and is subject to easements and restricts of record. 3. Ouali~ed Archeolo~ist. An archeologist meeting the Secretmy of the Interior's Professional Qualifications Standards (Federal Register 48: 190:44738-9) Prepared by: Bob Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 Resolution No. 97-398 RESOLUTION ADOPT1NG THE 1997 COMPREHENSIVE PLAN INCLUD- ING THE SOUTH DISTRICT PLAN. WHEREAS, a Comprehensive Plan is a statement of goals and policies of the community; and WHEREAS, the 1989 Comprehensive Plan Update no longer reflects anticipated conditions in Iowa City; and WHEREAS, the Comprehensive Plan should be reviewed and updated periodically; and WHEREAS; the City has initiated development of a new comprehensive plan through the Iowa City: Beyond 2000 citizen task force visioning process, the Planning and Zoning Com- mission and the City Coundl have held public meetings and studied the changes which have taken place within the community since the 1989 Comprehensive Plan Update; and WHEREAS, the bodies have found that adopted policies of the City warrant revision of the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA The 1997 Iowa City Comprehensive Plan including the South District Plan be adopted. MAYOR A'I'I'EST:Ci~L~ERK ~. )~ Passed and approved this 9th day of Itwas moved by Th0LnJ2erry and seconded by __ tion be adopted, and upon roll call there were: Approved by December, 1997. Norton the Resolu- AYES: NAYS: ABSENT: X X X X x X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 RESOLUTION NO. 97-399 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF HIGHLANDER DEVELOPMENT, SECOND ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, Highlander Partnership, filed with the City Clerk the preliminary and final plat of Highlander Development, Second Addition, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: A portion of the SW ~A, Section 36, T. 80 N., R. 6. W., of the 5th P.M., Iowa City, Iowa, being contained totally with the Exhibit "A" parcel described in Book 603 - Page 425, Johnson County Recorder's Office, described as follows: Commencing at the NE corner of the SE ~A SW ~A, said Section 36; thence N89°22'O0"W - 715.26 feet along the north line of said SE ~A SW ¼, Section 36 to the Point of Beginning which point is also the southern most corner of Lot 19, Highlander Development, First Addition as recorded in Plat Book 25 - Page 52 and also the SE corner of Auditor's Parcel D as recorded in Plat Book 33 -Page 323; thence S40°10'03" W (recorded S40°02'35"W) - 90.14 feet along the northwesterly line of Lot 18, said Highlander Development, First Addition; thence S82°59'44"E - 491.43 feet (recorded S83°00'25"E - 491.22 feet) along the south line of said Lot 18 to the SE corner thereof; thence Southerly - 77.45 feet along the westerly ROW line of Northgate drive along a 250.00 foot radius curve concave easterly with central angle of 17°44'59" and a chord of S02°23'24"E - 771.4 feet; thence S07°09'04"W (recorded S07°32'00"W) - 601.00 feet along the west lien of deed parcel in Book 1200 - Page 106 to the northerly ROW line of Interstate //80; thence N87°28'O6"W - 140.66 feet (recorded N87°18'W - 140.12 feet) along said ROW line; thence N71°20'47"W - 140.66 feet (recorded N71°18'W) - 872.20 feet along said ROW line; thence N00°44'41 "W (recorded N00°l 1 'W) - 454.00 feet along the easterly ROW line of Iowa Highway No. 1; Resolution No. 97-399 Page 2 thence N24°42'48"E (recorded N24°44'E) - 76.50 feet along said ROW line of High- way No. 1 to a point of Intersection with said north line of the SE ~A SW ~A, Section 36; thence N24°42'48"E - 322.98 feet (recorded N24°44'E - 322.95 feet) along said ROW line of Highway No. 1 to the westernmost corner of Auditor's Parcel C as recorded in Plat Book 33 - Page 323; thence S27°12'12"E (recorded S27°11 'E) - 101.59 feet along the southwesterly line of said Auditor's Parcel C; thence S24°09'56"E - 225.86 feet (recorded N24°11'E - 225.81 feet) along the southwesterly lines of said Auditor's Parcels C and D to the SW corner of said Auditor's Parcel D; thence S89°22'00"E - 308.89 feet along the south line of said Auditor's Parcel D to the Point of Beginning. Said Highlander Development - Second Addition contains 15.824 acres. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary and final plat and subdivision, and recom- mended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and subdivision and recommended that said preliminary and final plat and subdivision be accepted and approved; and WHEREAS, appropriate dedications to the public have been made, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said preliminary and final plat and subdivision are found to conform with chapter 354, Code of Iowa (1997) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said preliminary and final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of easements as provided by law. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the preliminary and final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Resolution No. 97-399 Page 3 Passed and approved this 9th day of December ,1997. ATTEST: ,.iT,~LE~..,L-/~-~)RK ~//K~ CI It was moved by Vanderhoef adopted, and upon roll call there were: ~orne f and seconded by Thornberry the Resolution be AYES: NAYS: ABSENT: X X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ppdadmin\res\highlnd2.res STAFF REPORT To: Planning and Zoning Commission Item: SUB97-0028: Highlander Development, Second Addition GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: SPECIAL INFORMATION: Public utilities: Prepared by: John Yapp Date: November 20, 1997 Highlander Partnership 2216 North Dodge Street Iowa City, IA 52245 Bill Boyd 2216 North Dodge Street Iowa City, IA 52245 Phone: 354-4555 Preliminary and Final Plat Approval To create a six-lot commercial subdivision Northeast of the intersection of Iowa Highway 1 (North Dodge Street) and Interstate 80 15.8 acres Approximately 9.1 acres is occupied by the Highlander Hotel and Supper Club; the remainder is vacant. The area is zoned CH-1. North: East: South: West: Office Commercial, CO-1 Vacant, RDP Vacant, ID-ORP National Computer Systems Campus, ORP Highway Commercial Chapter 14-7, Land Subdivisions October 30, 1997 December 15, 1997 City water is available to the site via a private water main that serves the Highlander property. City sewer is available to the site via the Highlander lift station. Public services: Police and fire protection are provided by the City. Refuse collection will be handled by a private hauler. Transportation: The site is accessed via a private drive off of Iowa Highway 1. Regular transit service does not serve the site directly, though the North Dodge route serves NCS across Iowa Highway 1. Physical features: The property slopes south and west toward the culvert at the base of the Iowa Highway 1/Interstate 80 interchange. The site is planted with turf grass, and contains scattered trees. Sensitive Areas Ordinance: No sensitive environmental features are identified on the Sensitive Areas Inventory Map for this site. BACKGROUND INFORMATION: The applicant, Highlander Partnership, is requesting preliminary and final plat approval of Highlander Development, Second Addition, a 15.824 acre, 6-lot commercial subdivision located northeast of the Iowa Highway 1 and Interstate 80 interchange. Highlander Development, First Addition, a 20-lot subdivision encompassing the land on either side of Northgate Drive, was final-platted in 1984. ANALYSIS: Compliance with Subdivision Regulations: The proposed preliminary and final plat contains a few deficiencies that must be addressed prior to consideration by the Commission. Staff recommends deferral pending resolution of these items. Other than these minor deficiencies, the plat appears to comply with the city's subdivision regulations. Comprehensive Plan and Zoning: The Comprehensive Plan identifies this area as appropriate for Highway Commercial development, which is reflected in the CH-1 zoning of the property. CH-1, Highway Commercial zoning permits service uses relating expressways and other major thoroughfares. The CH-1 zone is intended to make food, lodging, motor vehicle service and fuel conveniently available to the thoroughfare user. The Comprehensive Plan encourages the location of new commercial uses near existing commercial areas. Given that the Highlander Development and Northgate Corporate Park are an existing commercial area in Iowa City, utilizing more of the land for additional commercial development is appropriate. Although the land is adjacent to a highway interchange, it can be seen as in-fill commercial development, as no new public infrastructure will be required to serve the additional businesses. Lot Configuration/Subdivision Design: Lots 21-23 will have access off of the private drive leading from Iowa Highway 1 into the development. Lot 24, the existing site of the Highlander Inn, also has access off of the private drive. Lot 25, however, will have it's main access via an access easement traversing the Highlander Inn's parking lot. The applicant has stated an access to Lot 25 will also be provided on Northgate Drive, which will aid in overall traffic circulation to and from this development. The size of the proposed lots, roughly 1-2 acres, is consistent with the area of land many highway commercial-oriented uses require. The plat states that Lot A will be transferred to the adjacent property owner, that is, the Express Stop gas station to the north. Secondary Access to the Highlander Property: The legal papers and the final plat for the First Addition of Highlander Development in 1984 state that "the subdivider will construct and maintain a secondary access to the subdivision which secondary access will connect the Highlander Partnership parking lot to Northgate Drive at a point between the southeast corner of Lot 18 and the northwest corner of Lot 17 in the subdivision. The secondary access will be hard surface and will be a minimum of 22 feet in width.. ." This secondary access was never constructed, and the Highlander Inn and Supper Club is currently accessed only by the one private drive. Staff believes that it is more paramount now for this secondary access to be constructed. With four new lots being proposed, and the likelihood of large amounts of traffic entering and exiting this development via the private drive, a secondary access point becomes even more desirable both for traffic circulation and emergency access reasons. While Lot 25 will have access to Northgate Drive, staff believes it is important for the secondary access to connect with the Highlander Inn parking lot directly. Staff recommends that Highlander Partnership construct a secondary access from Northgate Drive to the Highlander Partnership parking lot, as was contemplated with Highlander Development, First Addition, prior to any building permits being issued for Lots 21, 22, 23 and 25. The secondary access point will also serve as an access to the proposed Lot 25. Sensitive Environmental Areas: The property contains a slope of around 25%, sloping toward the culvert at the base of the highway interchange. The definition of slopes regulated by the Sensitive Areas ordinance is "an inclined ground surface, either naturally occurring or altered, with a vertical rise of at least ten feet (10'), and which is not otherwise approved by the City, such as City approval of a grading plan, prior to December 13, 1995." This slope was constructed as part of the highway interchange, and directs water to the culvert below. Given that the slope was part of a public project prior to 1995 (the construction of Interstate 80) and does not contain any other sensitive environmental features, the Sensitive Areas Ordinance does not apply to this property. Storm Water Management: Lots A and 24 are exempt from storm water management requirements since the Express Stop and Highlander Inn were developed previous to the passage of the storm water management ordinance. No additional storm water management is proposed at this time because no new grading or other changes in the topographV are being proposed, other than the installation of utility lines. Lots 21, 22, 23, and 25 will be required to have individual storm water management facilities at the time of individual lot development. It is preferable at this property to have individual storm water facilities on each site due to the topography of the land; the land 'falls' a different direction on each lot. Erosion Control: Although new grading of the property is not being proposed at this time, a grading and erosion control plan will be required for the installation of the utility lines. Staff recommends that approval of the plats be subject to the approval of a grading and erosion control plan. STAFF RECOMMENDATION: Staff recommends that SUB97-0028, a request for preliminary and final plat approval of Highlander Development, Second Addition, be deferred pending resolution of the deficiencies and discrepancies listed below. Upon resolution of these items, staff recommends approval, subject to the approval of legal papers, construction drawings, a grading and erosion control plan, and a secondary access being provided from the Northeast portion of the Highlander Inn parking lot to Northgate Drive, prior to any building permits being issued for lots 21, 22, 23 and 25, which will also serve as an access to future development on Lot 25. DEFICIENCIES AND DISCREPANCIES: Show all easements to include gas, electric and telephone on the plats. It appears part of the existing Highlander Inn parking lot will be taken by the proposed Lot 23. Show that the Highlander Inn and supper club still has the required number of parking spaces. ATTACHMENTS: 1. Location Map. 2. Preliminary and final plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development I I I I I I I I I I I I ! /! ,, c% "' s '% 0 0 i I 0o cxj 0 o 0") D o (].) c.~ © (D _CZ OD a < Q Q ' I ,.,-~ --- ,~ J Prepared by: Scott G. Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 97-400 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF M & W ADDITION, IOWA CITY, IOWA. WHEREAS, the owners, Woodrow and Melinda Howser, filed with the City Clerk the final plat of M & W Addition, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the intersection of the Southerly Right of Way Line of Bowery Street and the Westerly Right of Way Line of Summit Street, thence S01 °34'47"E, along the Westerly Right of Way Line of Summit Street, 667.54 feet, to the Point of Beginning; Thence continuing S01 °34'47"E, along said Westerly Right of Way Line, 90.06 feet; Thence N89°28'47"W, 233.23 feet, to its intersection with the East Line of an existing alley; Thence NO0°49'58"W, aong the East Line of said alley, 90.03 feet; Thence S89°28"47"E, 232.06 feet, to the Point of Beginning. Said tract of land contains 0.48 acres, and is subject to easements and restrictions of record· WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1997) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts any dedication of easements as provided by law. Resolution No. 97-400 Page 2 Passed and approved this The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. 9th day of ' December , 1997. ATTEST:C~ M A Y 0 R ~p,~,,,Z,J, ?/t, N2~ ~DprOV~.,~~,~ ~rney'~,~__ ppdadmin\res\M&Wadd.wp5 Resolution No. 97-400 Page 3 It was moved by Norton and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: X X X X X X X Baker Kubby Lehman , Norton Novick Thornberry Vanderhoef City of Iowa City MEMORANDUM Date: To: From: Re: December 9, 1997 City Council Historic Preservation Commission M&W Addition o 803 S. Summit Street Based on comments expressed by residents of the Summit Street Historic District, the Historic Preservation Commission requests that the existing RS-8 zoning be assessed to determine if RS-5 zoning is not a more appropriate zone for properties located within the district. STAFF REPORT To: Planning and Zoning Commission Item: SUB97-0029. M&W Addition 803 S. Summit Street GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: 60-day limitation period: Prepared by: Scott Kugler Date: November 20, 1997 Woodrow and Melinda Houser 5246 F Avenue Marcus, Iowa 51035 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Preliminary and final plat approval. To create a two-lot subdivision residential 803 S. Summit Street .48 acres Residential, RS-8 North: East: South: West: Residential, RS-8; Residential, RS-8; Residential, RS-8; Residential, RS-8. Residential, 2-8 dwelling units per acre Chapter 14-7, Land Subdivisions October 30, 1997 December 14, 1997 December 29, 1997 BACKGROUND INFORMATION: The applicants, Woodrow and Melinda Houser, are requesting approval of a preliminary and final plat of M&W Addition, a two-lot residential subdivision located at 803 S. Summit Street. The property is located in the RS-8 zone, and within the South Summit Street Historic District, a Historic Preservation Overlay zone. The lot contains one residence and a shed. If the subdivision is approved, Lot 2 would become a legal building lot which could accommodate a single-family or duplex residence. Any new building on the lot would require design approval from the Historic Preservation Commission to ensure its compatibility with the surrounding historic district. ANALYSIS: The preliminary plat has been revised to address a number of deficiencies that were identified by staff. It appears that all deficiencies have been addressed, however Public Works has not had an opportunity to review the revised plat. If any outstanding deficiencies are identified, they must be addressed prior to the Commission's vote on this item. Staff recommends deferral of this plat until Public Works' review is complete. Legal papers have been submitted and are under review. Legal papers will have to be approved prior to City Council consideration of the plat. The subject property is located in the RS-8, Medium Density Single-Family Residential zone, which permits lots of 5,000 square feet or more, and 45 feet or more in width. The proposed lots would contain just under 10,500 square feet of lot area, and both would slightly exceed 45 feet in width, meeting these requirements. Since the lots exceed 8,700 square feet, each would permit a single-family or duplex residence. Required yards would be 20 feet in the front and rear, and for single-family homes five-foot side yards are required. For a duplex, the side yard requirement is five feet for the first two stories, plus two feet for each additional story. As a result, there will likely be between 30 and 35 feet of buildable width on the new building lot that is created. South Summit Street Historic District: This property does lie within the South Summit Street Historic District. This requires that any construction or demolition activities on the property that require a regulated permit be approved by the Historic Preservation Commission before permits are issued. When building plans are submitted for the construction of a new home on Lot 2, issues such as building setback, building height and mass, garage or parking location, building materials and building style and design will be considered. Staff recommends that the applicant or purchaser of the lot consult with the Commission or staff prior to preparing detailed design plans for the new building. In addition, staff recommends that the legal papers for this subdivision mention that the property is within a historic district and that Historic Preservation Commission review is required prior to the construction of a residence on Lot 2 to make sure that anyone purchasing the lot is aware that this review also applies to new buildings. The plat indicates that an access easement is being platted over a portion of Lot 1 so that both lots will have access from the existing driveway. This would allow greater flexibility in building design on Lot 2, and help ensure that the garage and parking will be located in the rear of the building, which is important within the historic district. Another issue that is likely to be of concern to the Historic Preservation Commission is building setback. One of the defining features of the Summit Street Historic District is the deep setback of most of the homes, particularly along the west side of the street, and the "stately" appearance this creates. It is likely that the Historic Preservation Commission will require a similar setback of 45 to 60 feet for any new building on Lot 2, consistent with the development of other properties within the district. There are many factors that can contribute to a neighborhood's historic character. The setback issue mentioned above is a good example for this district. In some cases, lot width and the spacing of buildings can contribute to this character. Within the Summit Street district, there are a variety of lot sizes as a result of lot splits that have occurred over time. Most of the lots are much larger than the 45 foot lots being created with this plat, but there are many 50 to 60 foot lots, one 45 foot lot, and one of only 33 feet. Staff does not feel that the creation of two 45 foot lots in this location will have a substantial impact on the character of the historic district. It is the site design and building design of the new residence on Lot 2 that will have the greatest impact on the character of the district. Sidewalks: The Summit Street bridge is scheduled to be replaced in fiscal year 1999. It is expected that the project will include reconstruction of the street north to Sheridan Avenue, and may require the replacement of some sidewalks, although the design work for that project has not yet begun. As with a few other areas along Summit Street, a brick sidewalk is located along the front of both of the proposed lots, as well as a portion of the lot to the south. As can be expected, the sidewalk has experienced some settling and is in need of attention. A consultant hired by the City to assess the impact of this project on historic properties has recommended that this sidewalk be retained or rebuilt as part of the bridge and street project if possible, rather than replaced with concrete. The Historic Preservation Commission will be involved in the review of design plans for the new bridge and street, given its proximity to the historic district, and may raise this as an issue, also. The initial draft of the legal papers for this subdivision indicates that a new concrete sidewalk is to be installed on both lots. Staff recommends that in lieu of reconstructing the sidewalk at this time, a payment for the new sidewalk instead be made to the City, to be used toward either constructing a new sidewalk or repairing or reconstructing the brick sidewalk when the roadway improvements are made. This would avoid a situation where new sidewalks are built and replaced one year later due to the road construction project, and would allow time for discussion of the merits of retaining the brick sidewalk within this area of the historic district. The payment would be based on the cost of constructing a standard concrete sidewalk. Water Main Extension Fees: The creation of a new building lot will require a water main extension fee for the new lot only, based on a rate of ~354 per acre. This will result in a payment of $84.96, according to Public Works. This item should be covered in the legal papers. STAFF RECOMMENDATION: Staff recommends that SUB97-0029 be deferred pending a completed review of the revised plat. Upon resolution of these items, staff recommends that the request for a preliminary and final plat of M&W Addition, a .48 acre, two-lot residential subdivision located at 803 S. Summit Street be approved, subject to legal papers being approved prior to Council consideration of the plat, and that the legal papers incorporate language regarding 1) the required Historic Preservation Commission review, and 2) a payment to go toward sidewalk repair or reconstruction as part of the S. Summit Street bridge replacement project in lieu of construction of the sidewalks. ATTACHMENTS: 1. Location map. 2. Preliminary and final plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development C~ Od 0 0 D 'E L ~7~ , _F II I'Z,[ IH~ H' .I c' jil; ,; 't} r I uoq~G~pV I ~t II · /// // / ! / ~ / I I ~ /// I / / ! / / .¢ ;-a,:c ,- -L-L ' ' _5 _ L J-- I I l I ! / / I I I I / I I ! I I ~.0 I I 'k~ / I _~1 , I 7/ Prepared by: Kevin L. Doyle, Assistant Transportation Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5253 RESOLUTION NO. 97-401 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATrEST AN EXTENSION AGREEMENT FOR FY97 PARATRANSIT SERVICE BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY. WHEREAS, there is an existing 28E Agreement for FY97 paratransit service between the City of Iowa City and Johnson County; and WHEREAS, the parties have extended said agreement to November 30, 1997. WHEREAS, ongoing negotiation for FY98 paratransit service has produced the need for a sixth extension to the FY97 Agreement; and WHEREAS, Section IV "Duration" of the FY97 Agreement permits an extension of the Agreement by mutual agreement of the parties; and WHEREAS, representatives of the City of Iowa City and Johnson County have negotiated a sixth extension of the FY97 Agreement for a period of thirty-one days, to December 31, 1997. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest the extension Agreement for FY97 paratransit service between the City of Iowa City and Johnson County. In accordance with Section 28E Code of Iowa (1997) the City Clerk is authorized to file said extension Agreement with the Secretary of the State of Iowa and County Recorder of Johnson County, Iowa· Passed and approved this 9th day of December ,1997. jccogtp\res\paratra6.doc MAYOR A ,oFe~by //~/ / Resolution No. 97-401 Page 2 It was moved by Thornberr.y and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Extension Agreement for FY97 Paratransit Service Between the City of Iowa City and Johnson County This extension agreement is made and entered into by and between the City of Iowa City, Iowa and Johnson County, Iowa. WHEREAS, there is an existing 28E agreement for FY97 paratransit service between the City of Iowa City and Johnson County; and WHEREAS, the parties have extended said agreement to November 30, 1997; and WHEREAS, ongoing negotiations for FY98 paratransit service have produced the need for a sixth extension to the FY97 agreement; and WHEREAS, Section IV, "Duration," of the FY97 agreement permits extensions of the current agreement by mutual agreement of the parties. NOW THEREFORE, it is agreed by and between the City of Iowa City and Johnson County: That the existing 28E agreement for FY97 paratransit service between the City of Iowa City and Johnson County is hereby extended for a period of thirty-one (31) calendar days to December 31, 1997. For the extension of the FY97 paratransit service agreement from December 1, 1997 to December 31, 1997, Johnson County shall be reimbursed ~47,182 by the City of Iowa City. All fares collected over 82,567 shall be returned to the City of Iowa City. In all other respects, the terms of the FY97 28E agreement for paratransit service shall remain in effect. This extension agreement represents the entire extension agreement between the City of Iowa City and Johnson County for paratransit service. It may be amended only by a written instrument signed by all parties. Dated this f day of J~e.c~_~ , 1997. By: CITY OF IOWA CITY, IOWA Nom~i'.,~21~v~cck,h~M~yor ATTEST: City~_He~.k4,~) Approved by: JOHNSON COUNTY, IOWA By: ~.,~.t Sally Stubman, Chairperson Board of Supervisors ATTEST: ,~ ~ ~ County Auditor ' City Attorney's Office Page 2 CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA JOHNSON COUNTY ) ) ss: ) On this ~' day of j~:~/,.~- , 19.77 , before me, , a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Resolution) No. 77- ~vt passed by the City Council, on the ~ ~' day of ~r, ~,~- , 19 27 , and that Naomi J. Novick and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. JOHNSON COUNTY ACKNOWLEDGMENT Notary Public in and for the State of Iowa ~ ~ ~~ ~Z~/~ STATE OF IOWA ) ) SS: JOHNSON COUNTY ) ?~/.//~ , a Notary Public in and for the State of Iowa, personally appeared Sally Stutsman and (2,~-L~ L--~/j~d_~&, of the County Auditor's Office, to me personally known, and, who, being by me duly sworn, did say that they are the Chairperson corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its Board of Supe~isors, as containe~ in the Motion adopted by the Board of Supervisors, on the ~ day of ~~j~' , 19 ~ ~, and Sally Stutsman and/~ ~~ acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notar~ in and for the State of Iowa jccogtp\agt\paratr7 .doc PAUL D. PATE SECRETARY OF STATE December 17, 1997 HOOVER BUILDING STATE OF IOWA DES MOINES, IOWA 50319 TEL (515) 281-5204 FAX (515) 242-5953 Marian K Karr City of Iowa City 410 E Washington St Iowa City IA 52240-1826 RE: Filing of 28E Agreement between the City of Iowa City and the County of Johnson Dear Ms. Karr: We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of December 17, 1997 Sincerely, Paul D. Pate Secretary of State PDP/klw Enclosures Extension Agreement for FY97 Paratransit Service Between the City of Iowa City and Johnson County This ex~nsion agreement is made and entered into by and between the City of IoW~ City, Iowa and ~lohnson County, Iowa. ,/ WHEREAS, t~t,ere is an existing 28E agreement for FY97 paratransit service,Setween the City of Iowa Cii~/and Johnson County; and WHEREAS, the pa~s have extended said agreement to November 30, 1997; and WHEREAS, ongoing ~gotiations for FY98 paratransit service have prdduced the need for a sixth extension to the ~Y97 agreement; and WHEREAS, Section IV," ration," of the FY97 agreement permits extensions of the current agreement by mutual agree ent of the parties NOW THEREFORE, it is and betwee the City of Iowa City and Johnson County: That the existing 28E agre ent for FY97 para~ransit service between the City of b 2. For the extension of the FY97 parat~Sit S~rv ce agreement from December 1, 1997 Iowa City. All fares collected over . . I 3. In all other respects, the terms of ~e FY97"28E agreement for paratransit service shall remain in effect. / / This extension agreement represents ~e entire exten~iDn agreement between the City of Iowa City and Johnson County for p~atransit service. It'may be amended only by a written instrument signed by all parties. ,/ Dated this day of / CITY OF tOWA CITy.; IOWA By: / Naomi J. Novick, Mayor ,/ ATTEST: / City/~lerk ,1997. " By: ATTEST: JOHNSON ,COUNTY, IOWA \, \ Salty Slutsman, Chairperson Board of Supervisor§ \ '~, County Auditor ~",~, Prepared by: Don Yucuis, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5052 RESOLUTION NO. 97-402 RESOLUTION NAMING DEPOSITORIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the City of Iowa City, in Johnson County, Iowa, approves the following list of financial institutions to be depositories of the City of Iowa City funds in conformance with applicable provisions of Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit the City of Iowa City funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. Depository Name Firstar Bank Iowa NA First National Bank Iowa Iowa State Bank & Trust Co. Hills Bank & Trust Co. Magna Bank, NA Hawkeye State Bank Perpetual Savings Bank, FSB Norwest Bank Iowa NA U of I Credit Union Brenton Bank Location of Home Office 520 Walnut P.O. Box 906 Des Moines, IA 50304 204 E. Washington St. Iowa City, IA 52244-1880 102 S. Clinton St. Iowa City, IA 52244-1700 131 Main Street Hills, IA 52235 999 Home Plaza Waterloo, IA 50701-3731 229 South Dubuque Iowa City, IA 52240 P.O. Box 73850 Cedar Rapids, IA 52407-3850 666 Walnut St. Des Moines, IA 50309 500 Iowa Avenue Iowa City, IA 52244-2240 400 Locust St. Suite 200 Des Moines, IA 50309 Local Location 222 Second Ave. S.E. Cedar Rapids, IA 52401-1214 Same Same 132 E. Washington St. Iowa City, IA 52240 150 E. Court St. Iowa City, IA 52240-4110 Same 301 S. Clinton St. Iowa City, IA 52240 101 3rd Avenue SW Cedar Rapids, IA 52406 Same 150 First Avenue NE Cedar Rapids, IA 52407-4708 Maximum Balance Maximum Balance in effect under in effect under prior resolution this resolution 925,000,000.00 925,000,000.00 $15,000,000.00 915,000,000.00 918,000,000.00 918,000,000.00 5,000,000.00 91 5,000,000.0C 5,000,000.00 91 5,000,000.0( $5,000,000.00 910,000,000.00 $10,000,000.00 $10,000,000.00 $35,000,000.00 935,000,000.00 95,000,000.00 $5,000,000.00 -0- $5,000,000.00 Passed and approved this 9th day of December · 1997. ATTEST: 'i T~ L.~R K, .) ~. 7(-'2~z.2 CI fintreas\deposit.res City Attorney's Office c, t33 Resolution No. 97-402 Page 2 It was moved by Tho~'nber'~'y and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Jim Schoenfelder, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 97-403 RESOLUTION APPROVING THE DESIGN OF EXTERIOR ALTERATIONS TO THE SOUTH CLINTON STREET STREETSCAPE AND FACADE OF OLD CAPITOL MALL, PHASE I1. WHEREAS, the applicant, FRCH Design Worldwide on behalf of Heitman Retail Properties has filed an application for the design approval of extedor alterations to the South Clinton Street Streetscape and Facade of Old Capitol Mall, Phase II, hereafter "Project;" and WHEREAS, given that the project consists of exterior alterations occurring on a parcel that was part of the urban renewal project known as Iowa R-14, Title 14, Chapter 4, Article E, entitled "Design Review," of the City Code requiring the Design Review Committee to review and make a recommendation to the City Council regarding the design of the project; and WHEREAS, the design review application for the project, a copy of which is on file in the Public Works Department, Engineering Division, has been reviewed by the Design Review Committee and after due deliberation has recommended the design of the project be accepted and approved, subject to the following conditions: 1. The tube frame supporting the wall graphics be painted the same color as the tube framing of the signage canopy; and WHEREAS, the design of the project with the above stated conditions is found to conform with all of the applicable requirements of the Design Review Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The design of the exterior alterations to the S. Clinton Street Streetscape and Facade of the Old Capitol Mall Phase II be approved, subject to the following conditions: The tube frame supporting the wall graphics be painted the same color as the tube framing of the signage canopy; and The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution; and Upon this approval, necessary permits may be issued for the project upon full compliance with all applicable codes and ordinances. Resolution No. 97-403 Page 2 Passed and approved this 9th day of December ,1997. ATI'EST:C~ -~. MAYOR AP~2-,b'~,~ &~...,~4"~ City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: AYES: X X X X X X X NAYS: NnPtnn the Resolution be ABSENT: Baker Kubby Lehman Norton Novick Thomberry Vanderhoef pweng/res/oldcapit.doc Heirman Retai~ Properties OLD CAPBTOL 8ALL 8owa City, bwa City of Iowa City MEMORANDUM Date: To: From: Re: November 26, 1997 City Council Jim Schoenfelder, City Architect/Energy Coordinator Final Design Review Application for the Exterior Alterations of the South Clinton Street Streetscape and Facade of the Old Capitol Mall, Phase II At its November 24, 1997 meeting the Design Review Committee recommended, by a vote of 5-0, approval of the design review application for the exterior alterations of the above- mentioned project subject to: The tube support framing of the graphic wall panels be painted the same color as the tube framing of the signage canopy. The applicant (Sandra Pancoe of FRCH Design Worldwide) verbally acknowledge via telephone conversation November 25, 1997 that the graphic tube frame would be the same color as the canopy tube frame. A representative from the Design Review Committee will be present at your meeting to answer any questions you may have on this recommendation, cc: Design Review Committee Sandra Pancoe, FRCH Design Worldwide Dierdre Castle, Old Capitol Mall jw/mem/js-mall .doc DESIGN WORLDWIDE Formerly SD~-HTI Architecture Interior Design Graphic Design Lighting Design Visual Marketing Canslruction Services Cincinaet~ New York November 14, 1997 James Schoenfelder City Architect, Iowa City Department of Public Works Engineering Division 410 E. Washington Street Iowa City, IA 52240 Old Capitol Mall FRCH Project No. 12027.06 Dear Mr. Schoenfelder: We are pleased to submit to the Iowa City Design Review Committee our proposal for Streetscape and Facade Improvements to the South Clinton Street facade of Old Capitol Mall. This proposal is the second phase of improvements begun earlier this summer intended to facilitate pedestrian access to the mall shops facing onto South Clinton Street. The proposed scope of Phase I1 is as follows: · Extension of the existing raised concrete walkway · Metal trellis canopies over shop fronts · Building mounted lighting to illuminate the facade and the walkway below · Installation of permanent metal graphic panels to the building facade The metal panels are permanent and are not intended as advertisement. Timeless, understated graphics recall the identity of Iowa City, the river, and the surrounding landscape. No additional tenant or Mall signage is proposed in this package. The design of the trellis canopies provides for installation of internally illuminated letters to be mounted to a neutral sign band. Actual signage will be provided and installed by the tenants themselves. Enclosed are ten copies of schematic design drawings as well as one set of photographs of the mall and the surrounding area. Kindly distribute these to the Design Review Committee members for their review and notify me of the next available committee meeting date. Thank you in advance for your assistance. Should any questions arise regarding this project, please feel free to contact me at my office. Sincerely, FRCH Design Worldwide Sandra Pancoe Studio Director cc: Wendy Ban g. Kratzer Heirman Retail Properties FRCH Design Worldwide 311 Elm Street Suite600 Cincinnati 0H45202.2706 TelephoneS]3.241.3000 Facsimile S13.241.S015 DESIGN REVIEW APPLICATION , Preliminary Review X Final Review (Check one) Name Of Applicant: ~¢I,~ Address: ~JIi ~f-41.t~. ci~: ~ ~ d ~ ~ Name of Prope~ Owner: 11,, Contact Person: ~~ Project Description: Phone number: 613~.ZI,./I. 2J¢)60 State: Phone number: ~12./3r--~. State: II, Zip:[a~lO| Phone number: ~ ~1~!/~, Project Time Schedule: Ten copies of all drawings and wdtten materials must be submitted along with this application. The following requirements must be submitted unless the Design Review Committee staff person has waived submission of any of the requirements (Check all that have been submitted with application): Site analysis & site plan Landscaping plan : vI Building elevations v7 Sectional drawings y,' Drawings of proposed signs(l) Lighting plan v'/ Additional information (as provided by the applicant): Please reference Title 14, Chapter 4E, of the City Code for details regarding each submittal requirement. All submittal requirements should follow accepted conventions of drawing namely all drawings should be clearly labeled, scales shown, north arrow on plans, clear and readable linework, and should be as clear as possible. Please refer questions to Design Review Committee staff assistant, 356-5236. (1) If project includes signs, applicant must also submit a sign application. Signature of Applicant: Date: FOR AGENCY USE ONLY Design Review Committee Action: Recommend approval Recommend approval with conditions: City Council Action: Approval Approval with conditions: Denial ecodev\drcapp PERSPECTIVE Heatman Retail Properties Cincinnati Phone 513 2413000 Fa~x513.241 5015 New York Phone212254 ~229 Fa, x 212 982 5543 WebSitehttpj'wwwtrcr~com PAGE I OLD CAPITOL MALL STREETSCAPE PHASE 2 Iowa City, Iowa NOVEMBER 7, 1997 ELEVATION PLAN PAGE Iowa City, Iowa Heitman Retail Properties Cincinnati Phone 5132,41.30(X) Fax 513.241 5015 ~ Yo<k Phone 2~2.254.1229 Fax 212.962.5543 Web Sito http/Nv~w.~Tch.corn OLD CAPITOL MALL STREETSCAPE PHASE 2 NOVEMBER 7, 1997 PANEL A PANEL B PANEL C 2-4 I, GRAPHIC PANELS: ( 2 OF EACH .~ · NOVEMBER 12, 1997 v~{,( :f-I :;!,. SECTION ~,,SCALE: I · ~ ,/ PAINTED METAL GRAPHIC PANEL LIGHT ~ALL 5C, ONE, E AND MOUNTING PLAIE PEI~FOP-,ATED METAL PANEL 15' N. 51NG~E LETTEfR5 't' dlA. METAL TUbE METAL C,z~NCz, F:~r SEPAL FLOILIER5 IN BRICK PLANTEI~,5 - NEW C,C;NC;IRETE WALKUJAT