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Whitewater Creek Bridge relocat D~~-@uE ~cÆ~ MEMORANDUM October 11,2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Relocation of Historic White Water Creek Bridge The State Historic Preservation Office has awarded a $30,000 grant to the City of Dubuque for relocation of the historic White Water Creek Bridge to a planned bike/hike trail in the Bergfeld Recreation Area in Dubuque Industrial Center West. The bridge will be located on the overflow spillway for the detention pond in the Rec Area. Planning Services Manager Laura Carstens is requesting City Council approval to proceed with compliance with a Memorandum of Agreement between the Federal Highway Administration, State Historic Preservation Office Dubuque County and the City of Dubuque, for relocation of the historic White Water Creek Bridge. I concur with the recommendation and respectfully request Mayor and City Council approval. jlt k d 4';1 /ÎltL Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager 'c' D~ ~cÆ~ MEMORANDUM October 8, 2004 TO: FROM: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager'~ RE: Relocation of Historic White Water Creek Bridge INTRODUCTION The purpose of this memo is to request City Council approval to proceed with compliance with the enclosed Memorandum of Agreement between the Federal Highway Administration, State Historic Preservation Office, Dubuque County, and the City of Dubuque, for relocation of the historic White Water Creek Bridge. The State Historic Preservation Office has awarded a $30,000 grant to the City for relocation of the historic bridge to a planned bike/hike trail in the Bergfeld Recreation Area in Dubuque Industrial Center West. The bridge will be located on the overflow spillway for the detention pond in the Rec Area. A map is enclosed. DISCUSSION This historic bridge was constructed in 1872 as part of an approach span for a bridge over the Mississippi River at Dubuque. It later was relocated to White Water Creek, 15 miles southwest of Dubuque near Cascade. In the 1990's Dubuque County determined the bridge was no longer able to handle vehicular traffic, and had to be replaced. In 1998, the City of Dubuque agreed to accept ownership of the bridge from Dubuque County, and to preserve it through reuse on a bike/hike trail in the city. City Engineering and Planning Services staff evaluated several sites in the community for relocation of the historic bridge before determining that the Bergfeld Recreation Area was the most compatible. Upon consultation, City Leisure Services staff, City Economic Development staff, Greater Dubuque Development Corporation staff, and former County Engineer Mark Jobgen were supportive of relocating the bridge to the Bergfeld Recreation Area. White Water Creek Bridge Page 2 The State grant will help fund a consulting engineer to conduct a structural analysis of the bridge, to develop specifications for moving the bridge to Dubuque, and to prepare construction plans for the new bridge abutments in the Bergfeld Recreation Area. The consulting engineer also will prepare specifications for rehabilitation of the bridge in accordance with the Secretary's Standards. The cost of moving the bridge and constructing the abutments are included in the project budget. Rehabilitation will be accomplished as a future phase, hopefully with another grant. The cost to relocate the White Water Creek Bridge was estimated to be $50,000 by former Civil Engineer Mike Felderman. The HRDP grant is for $30,000. Former Public Works Director Mike Koch determined that $20,000 in the Bridge Maintenance Fund was available for the local cash match for this project. (The Bridge Maintenance Fund is an Engineering Division CIP that had an FY04 balance of over $130,000.) Additional required local match of $5,000 for the HRDP grant will be provided by the Engineering and Planning Services staff's time commitment for administering the grant and coordinating design, bidding and construction inspection with the consulting engineer. RECOMMENDATION One of the terms of the Memorandum of Agreement is that Dubuque County and the City of Dubuque provide information to the State Historic Preservation Office about the relocation site. The State Historic Preservation Office has 30 days to review and comment on this information. The County and the City have to take into account any comments the State offers about the proposed site. To proceed with compliance with the Memorandum of Agreement, I recommend that the City Council authorize: . The Mayor to sign and send the enclosed letter to the Dubuque County Board of Supervisors asking for their concurrence with the selected bridge relocation site. . The Planning Services staff to submit the required information to the State Historic Preservation Office for their review and comment on the bridge relocation site upon receiving that concurrence from the County Board. Enclosures cc Gus Psi hoyos, Acting Public Works Director/City Engineer Bob Schiesl, Civil Engineer Office of the Mayor and City Council City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 D~ ~cÆ~ October 19, 2004 Eric Manternach, Chairperson Dubuque County Board of Supervisors 720 Central Avenue Dubuque, IA 52001 RE: Relocation of White Water Creek Bridge Dear Chairperson Manternach: The purpose of this letter is to request Dubuque County's assistance in relocation of the historic White Water Creek Bridge. This historic bridge was constructed in 1872 as part of an approach span for a bridge over the Mississippi River. It later relocated to White Water Creek, 15 miles southwest of Dubuque near Cascade. In the 1990's Dubuque County determined the bridge was no longer able to handle vehicular traffic, and had to be replaced. The City of Dubuque agreed to accept ownership of the bridge from Dubuque County, and to preserve it through reuse on a bike/hike trail in the city. In 1998, the City of Dubuque signed the enclosed Memorandum of Agreement with the Federal Highway Administration, State Historic Preservation Office, and Dubuque County for relocation of the historic White Water Creek Bridge. The State Historic Preservation Office has awarded a grant to the City for relocation of the historic bridge to a planned bike/hike trail in the Bergfeld Recreation Area, which is a park along Seippel Road in Dubuque Industrial Center West. The bridge will be located on the overflow spillway for the detention pond in the Recreation Area. A map is enclosed. City Engineering and Planning Services staff evaluated several sites in the community for relocation of the historic bridge before determining that the Bergfeld Recreation Area was the most compatible. Upon consultation, City Leisure Services staff, City Service People Integrity Responsibility Innovation Teamwork Relocation of Historic White Water Creek Bridge Page 2 Economic Development staff, Greater Dubuque Development Corporation staff, and former County Engineer Mark Jobgen were supportive of relocating the bridge to the Bergfeld Recreation Area. The State grant will help fund a consulting engineer to conduct a structural analysis of the bridge, to develop specifications for moving the bridge to Dubuque, and to prepare construction plans for the new bridge abutments in the Bergfeld Recreation Area. The cost of moving the bridge and constructing the abutments are included in the project budget. The total project cost will be covered by the State grant and City funds. One of the terms of the Memorandum of Agreement is that Dubuque County and the City of Dubuque provide information to the State Historic Preservation Office about the relocation site. The State Historic Preservation Office will review and comment on this information. The County and the City have to take into account any comments the State offers about the proposed site. I respectfully request that the Dubuque County Board of Supervisors concur with the selected bridge relocation site, and provide a letter of concurrence that City staff can submit to the State Historic Preservation Office along with other required information about the site. Your support will enable the City of Dubuque to proceed with relocation and reuse of this historic bridge. Thank you in advance for your cooperation. Sincerely, Terrance M. Duggan Mayor Enclosures RELOCATION OF WHITEWATER CREEK BRIDGE TO THE BERGFELD RECREATION AREA -. INTERGOVERNMENT AL AGREEMENT FOR THE WHITE WATER CREEK BRIDGE This Intergovernmental Agreement is made and entered into by Dubuque County, Iowa and the City of Dubuque, Iowa for the White Water Creek bridge. Whereas, Dubuque County will replace the White Water Creek bridge built in 1872 with a new bridge; and Whereas, Dubuque County is interested in the historical significance of the bridge and in keeping the bridge in Dubuque County; and Whereas, Dubuque County has purchased the right-ot-way and temporary encroachment area for storage of the historic bridge; and Whereas, the City of Dubuque is interested in salvaging the historic bridge for future use in the City's planned bicycle and pedestrian network. NOW, THEREFORE, Dubuque County, Iowa and the City of Dubuque, Iowa agree that: 1. Dubuque County will pay to move the bridge off the creek and onto the adjacent storage site. 2. Dubuque County will pay for the short-term storage ot the bridge for a minimum of three (3) years. 3. The City of Dubuque will pay to move the bridge from the storage site to a determined location within a tentative schedule of three (3) years, as Intermodal Surface Transportation Efficiency Act (lSTEA) or other federal or state funds become available for the relocation of the historic bridge for a city bicycle and pedestrian trail. 4. If the City of Dubuque is unable to move the historic bridge from the storage site, then the City will have the option to offer it to another county or organization, negotiate an extension of the storage or salvage the bridge for materials. 5. The City of Dubuque will assume ownership of the historic bridge after the acceptance of the bridge project by the Dubuque County Board of Supervisors. 6. The City of Dubuque, upon assuming ownership, will provide liability insurance coverage and any casualty coverage the City may deem necessary for the historic bridge. This Intergovernmental Agreement has been passed, approved and adopted by Dubuque County, Iowa and the City of Dubuque, Iowa on the respective dates listed below. DUBUQUE COUNTY. IOWA By: (JL~ IJZ~ ~ Alan Manternach, Chairperson Dubuque County Board of Supervisors ATTEST: V./.MA6J-H. ~ JaM IIS&6, Cel:lAt'¡ AdmiAistratsr . ~/'I x.H l)otá..h, 2:!,¡.<..bu fjl<¿COtlvrlð A-tl.ci<~ DATE: .!J.O.J7jne, ¡447ìJ CITY OF DUBUQUE, IOWA , Mayor y Council ATTEST: ~~!~"k DATE: JlIDe 16, 1997 MEIMORAtNJDUIM IOF AGJRlEtEMlEtNJ7i SUBMITTED TO THE ADVISORY COUNCIL ON HISTORIC PRESERVATION PURSUANT TO 36 CRF 800.6(a) WHITEWATER CREEK BRIDGE Dubuque County, Iowa BROS-9031 (28)--8J-31 WHEREAS, the Federal Highway Administration (FHWA) has determined that the transfer of the pinned Pratt style through truss structure, known as the Whitewater Creek Bridge, FHWA structure #146040, in order to construct a new bridge to carry local road traffic over the Whitewater Creek 15 miles southwest of the City of Dubuque would have an adverse effect upon this property which is el igible for listing on the National Register of Historic Places (NRHP), and has consulted with the Iowa State Historic Preservation Offi cer (SHPO) pursuant to 36 CFR Part 800 regul at ions implementing Section 106 of the National Historic Preservation Act (16 U.S.C. Section 470f). WHEREAS, representatives of Dubuque County and the City of Dubuque participated in the consultation and have been invited to concur in this Memorandum of Agreement; NOW, THEREFORE, FHWA and the Iowa SHPO agree that the undertak i ng sha 11 be imp 1 emented in accordance with the following stipulations in order to take into account the effect of the undertaking on historic properties. 5. WHITEWATER CREEK BRIDGE - 2 - STIPULATIONS FHWA will ensure that the following measures are carried out: 1. Dubuque County wi 11 transfer legal and physical ownership of the truss span of the Whitewater Creek bridge to the City of Dubuque for preservation of the structure th rough reuse at a site on a 1 oca 1 recreational trail. 2. The covenant, attached as Appendix A, shall be completed between the City of Dubuque and the Iowa SHPO setting out the obligations of the city for the maintenance and preservation of the bridge. 3. The City of Dubuque shall, in consultation with the SHPO, have the bridge relocated to its new site by a professional mover who has experience in moving historic bridges properly. 4. Dubuque County and the City of Dubuque shall provide information to the SHPO about the new site for the bridge. SHPO shall have 30 days to review this information. The county and city shall take into account any comments SHPO offers about the proposed site before making a final decision about moving the property. The Iowa DOT shall submit the final version of the documentation attached as Appendix B to the Iowa SHPO. This Historic American Engineering Record study records the bridge in its existing setting. CO V E NAN T 4. In the event of a violation of this covenant, and in addition to any remedy now or hereafter provided by law, the SHPO, or FHWA may, following reasonable notice to the City of Dubuque, institute suit to enjoin said violation or to require the restoration of the, truss bridge. The successful party shall be entitled to recover all costs or expenses incurred in connection with such a suit, including all court costs and attorneys' fees. 5. The City of Dubuque agrees that the SHPO ,may at his discretion, with prior notice, convey and assign all or part of its rights and responsibilities contained herein to a third party. 6. This covenant is binding on the City of Dubuque, its successors and assigns, from the date of this instrument for as long as the location of the bridge is maintained as a recreational trail. At such time as the truss bridge through damage or deterioration of structural members by natural causes may become unsafe as a load bearing structure, the City of Dubuque shall have sole responsibility regarding disposition. Prior to any such disposition; however, the City of Dubuque shall provide SHPO a report from a qualified, registered engineer (mutually agreed upon by SHPO and the Board) stating the bridge is structurally unsafe fo~ trail purposes and that repairs, rather than replacement, would not be economically practical. 7, Restrictions, stipulations, and covenants contained herein shall be inserted by the City of Dubuque verbatim or by express reference in any deed or other legal instrument by which it divests itself of either the fee simple title or any other lesser estate in the truss bridge or any part thereof. 8. The failure of the SHPO to exercise any right of remedy granted under this instrument shall not have the effect of limiting the exercise of any òther right or remedy or the use of such right or remedy at any other time. - 2 - Appendix A CO V E NAN T In consideration of the conveyance of certain real property, hereinafter referred to as the truss bridge, located in the County of Dubuque, State of Iowa, which is more fully described as: Cast and wrought iron, 8-panel pin-connected Pratt through truss bridge spanning Whitewater Creek 4 miles southwest of Bernard, Iowa; NWI/4 Section' 36, Township 87 North, Range 1 West; Whitewater Township, Dubuque County, Iowa The City of Dubuque hereby covenants on behalf of itself and its successors and assigns at all times to the Federal Highway Administration and the State Historic Preservation Officer (SHPO) to maintain and preserve the integrity, design and form of the truss bridge as follows: 1. Upon completion of the new bridge and road which will replace the truss bridge, the City of Dubuque agrees to assume all legal and financial responsibility for this historic bridge. Furthermore, the City of Dubuque agrees to maintain the truss bridge as necessary in order to preserve and enhance those qualities, as detailed in the attached evaluation by Fraserdesign, which make the truss bridge eligible for inclusion in the National Register of Historic Places. 2. No construction, alteration, remodeling or any other thing shall be undertaken or permitted to be undertaken on the truss bridge which .ould affect the structural integrity or appearance of the truss bridge without the prior written permission of the SHPO signed by a fully authorized representative thereof. 3. The SHPO shall be permitted at all reasonable times to inspect the truss bridge in order to ascertain if the above conditions are being observed. WHITEWATER CREEK BRIDGE - 3 - Execution of this Memorandum of Agreement by FHWA and the Iowa SHPO, its subsequent acceptance by the Counc i 1, and implementation of its terms, evidence that FHWA has afforded the Council an opportunity to comment on this bridge replacement project and its effects on historic properties, and that FHWA has taken into account the effects of the undertaking on historic properties. FEDERAL HIGHWAY ADMINISTRATION By: Iowa Division Administrator Date IOWA STATE HISTORIC PRESERVATION OFFICER By: Date Concur: Dubuque County Board of Supervisors tb./! IIi é/l By: /~,~ ~. n ~ Alan Manternach, Chair April 7, 1997 Date Concur: c~~ By /tM 1- June 16,1997 Date ACCEPTED for the Advisory Council on Historic Preservation By: Date