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HomeMy WebLinkAbout851467.tiff RESOLUTION RE: APPROVE MEMORANDUM OF AGREEMENT FOR HISTORIC PRESERVATION OF BRIDGE 2/25 AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , Bridge 2/25 , located on Baseline Road between Weld and Adams Counties, has been nominated to the National Register of Historic Places, and WHEREAS, the Board has now been presented with a Memorandum of Agreement concerning the historic preservation of Bridge 2/25 , with the stipulations concerning said bridge being as stated in the Agreement, a copy of which is attached hereto and incorporated herein by reference, and WHEREAS , after review, the Board deems it advisable to approve said Memorandum of Agreement, and authorize the Chairman to sign same. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Memorandum of Agreement regarding the historic preservation of Bridge 2/25 be , and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Memorandum. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of November, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder , _ and Clerk to the Board J cq ne Joh s n, Chairman BY:_� uiTiiY� c¢i �� Gene R. r tither, Pro-Tem Deputy County lerk APPROVED AS TO FORM: C.W. Ki Go dc? ( i county Attorney /, Frank Ya guchi _ 851467 • QrL.A rAc :, v, 0..,_, q 1, ': MEMORANDUM OF AGREEMENT WHEREAS, the Federal Highway Administration (FHWA) has determined that Project BRO 0012(1) , Baseline Road - Adams/Weld County Line, will have an effect upon a property eligible for inclusion in the National Register of Historic Places and has requested the comments of the Advisory Council on Historic Preservation (Council) pursuant to Section 106 of the National Historic Preservation Act (16 U.S.C. 470) and its implementing regulations, "Protection of Historic and Cultural Properties" (36 CFR Part 800) , NOW THEREFORE, FHWA, the Colorado State Historic Preservation Officer (SHPO) , Adams County, Weld County and the Council agree that the undertaking shall be implemented in accordance with the following stipulations in order to take into account the effect of the undertaking on the historic property. STIPULATIONS BASELINE BRIDGE FHWA will ensure the following measures are carried out: 1. The Baseline Bridge will be recorded prior to its removal so that there will be a permanent record of its present appearance and history. The Historic American Engineering Record (HAER) (National Park Service, Katherine H. Cole, Division of Cultural Resources Programs (PR), National Park Service, Rocky Mountain Region, P.O. Box 25287, Denver, CO 80225) will first be contacted to determine what documentation is required. All documentation must be accepted by the National Park Service prior to the transfer or demolition. Should the Colorado SHPO so desire, copies of the documentation will be provided to the Colorado SHPO and to a local archive designated by the Colorado SHPO. 2. In consultation with the SHPO, the Baseline Bridge shall be marketed as follows: a. An information package on the property, containing structural data, photographs, location map, information on its historic significance, estimated cost for relocation, availability of grants and requirements regarding relocation, rehabilitation, and maintenance. The package shall also include the relevant sections of The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. Respondents expressing an interest in acquiring the bridge shall be required to submit a relocation and reuse plan and specifics regarding site location. b. A grant to somewhat defray the costs of disassembly and relocation, equal to the estimated cost of demolition of the bridge, shall be offered to any recipient(s) who will abide by the Preservation Covenants. c. An advertising plan: A notice will be published in the Colorado Department of Highways newsletter (green sheet) advertising the availability of the Baseline Bridge. The article will appear twice in a 60-day advertising period, the reprinted version to be published after 30 days of the first. Notification of prior contacts shall also be completed. In addition, an article advertising the availabliity of the bridge will be published in the Colorado Heritage News. d. The Baseline Bridge will be offered for relocation with preference to recipients who agree to abide by the Preservation Covenants The format of these Preservation Covenants and a procedure for conveyance of the bridge with the Covenants will be agreed to by the FHWA, the SHPO, and the Council prior to advertisement. The terms of the agreed-upon Preservation Covenants will be equivalent to those in the attached Exhibit A. The notices shall state that offers will be reviewed in the following order of preference: 1) First preference shall be given to offers that would relocate all three spans of the bridge together and preserve its present appearance. 2) Second preference shall be given to offers that would relocate two of the spans together. 3) Third preference shall be given to offers that would relocate the spans individually. e. A schedule for receiving and reviewing offers: Offers shall be received throughout the previously mentioned 60-day advertising period and reviewed for a 30-day period thereafter. All offers shall be reviewed in consultation with the SHPO prior to acceptance. 3. If there is no acceptable offer which will conform to the requirements of relocation, rehabilitation and maintenance, the FHWA with the approval of the SHPO may permit transfer of all or part of the bridge without the Preservation Covenants. The grant mentioned under 2(b) above would not apply. 4. If applicable, the Preservation Covenants shall be included in the bridge bill of sale or transfer involving the SHPO as a party in interest. Such Preservation Covenants will be recorded in the offices of the Clerk and Recorder of the county in which the bridge is relocated. The terms of the Covenants are attached as Exhibit A and incorporated by reference. 5. Adams County and Weld County shall abide by the attached Interim Maintenance Plan to ensure that the bridge is maintained in satisfactory condition prior to transfer. Such Maintenance Plan is attached as Exhibit B and incorporated by reference. 6. If a new owner can be found to relocate the structure, the FHWA shall ensure that the SHPO is afforded 30 days to review and comment on the new site for the property. The FHWA shall take the SHPO's comments into account. Within 90 days following the move, the SHPO shall re-evaluate the property on its new site and make a recommendation to the Secretary of the Interior as to its continued eligibility to the National Register. 7. If no new owner can be found to relocate the structure, the structure shall remain the property of Adams and Weld Counties, and may be disposed of or demolished as they see fit. 8. If a dispute arises regarding implementation of this MOA, the FHWA will consult with the objecting party to resolve the dispute. If any consulting party determines that the dispute cannot be resolved, FHWA shall request the further comments of the Council pursuant to 36 CFR 800.6(b) . 9. Failure to carry out the terms of this Agreement requires that FHWA again request the Council's comments in accordance with 36 CFR Part 800. If FHWA cannot carry out the terms of the Agreement, it will not take or sanction any action or make an irreversible commitment that would result in an adverse effect with respect to the eligible property covered by the Agreement or would foreclose the Council's considerations of modifications or alternatives that could avoid or mitigate the adverse effect on the property until the commenting process has been completed. 10. If any of the signatories to this Agreement determine that the terms of the Agreement cannot be met or believe a change is necessary, that signatory will immediately request the consulting parties to consider an amendment or addendum which will be executed in the same manner as the original Agreement. Within 90 days after carrying out the terms of the Agreement, the FHWA shall report to all signatories on the actions taken. Execution of this Memorandum of Agreement evidences that FHWA has afforded the Council a reasonable opportunity to comment on Project BRO 0012(1) , Baseline Road - Adams/Weld County Line, and its effects on historic properties and that FHWA has taken into account the effects of its undertaking on historic properties. Division Administrator (date) Federal Highway Administration Colorado State Historic (date) Preservation Officer Executive Director (date) Advisory Council on Historic Preservation Chairman (date) Advisory Council on Historic Preservation I Concur: Chairman (date) Adams Board of County Commissioners Chairman (date) Weld Board of County Commissioners Exhibit A to the Baseline Bridge Memorandum of Agreement The structure above described is hereby conveyed subject to the conditions, restrictions, and limitations hereinafter set forth that shall be considered as covenants running with the structure that the grantee, his heirs, and assigns covenant and agree, in the event that premises are sold or otherwise disposed of, will be inserted in the instrument of conveyance. I. The structure will be rehabilitated and maintained in accordance with the recommended approaches in The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitation of Historic Buildings (Attachment A) . II. The above restrictions shall be binding on the parties hereto, their heirs, successors, and assigns until 2015 A.D. ; however, the Colorado State Historic Preservation Officer may, for good cause, modify or cancel any or all of the foregoing restrictions upon written application of the grantee, his heirs or assigns. The acceptance of the delivery of this document shall constitute conclusive evidence of the agreement of the grantee to be bound by the conditions, restrictions, and limitations and to perform the obligations herein set forth. Exhibit B to the Baseline Bridge Memorandum of Agreement Interim Maintenance Plan: Baseline Bridge The structure will be preserved and maintained in accordance with the recommended approaches of The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (relevant sections attached) . Maintenance required to preserve the bridge will include any repairs needed to prevent the deterioration of the bridge. PLEASE NOTE: The attached Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings does not recommend the use of sandblasting for historic buildings. This guideline, however, does not apply to historic metal bridges, which generally require sandblasting to remove rust. 5 THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION • The Secretary of the Interior is responsible for establishing standards for all programs under Departmental authority and for advising Federal agencies on the preservation of historic properies listed or eligible for listing in the National Register of Historic Places. In partial fulfillment of this responsibility, the Secretary of the Interior's Standards for Historic Preservation Projects have been developed to direct work undertaken on historic buildings. Initially used by the Secretary of the Interior in determining the applicability of proposed project work on registered properties within the Historic Preservation Fund grant-in-aid program, the Standards for Historic Preservation Projects have received extensive testing over the years—more than 6,000 acquisition and development projects were approved for a variety of work treatments. In addition, the Standards have been used by Federal agencies in carrying out their historic preservation responsibilities for properties in Federal ownership or control; and by State and local officials in the review of both Federal and nonfederal rehabilitation proposals. They have also been adopted by a number of historic district and planning commissions across the country. The Standards for Rehabilitation (36 CFR 67) comprise that section of the overall historic preservation project standards addressing the most prevalent treatment today: Rehabilitation. "Rehabilitation" is defined as the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values. The Standards for Rehabilitation are as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the • history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 4 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. In the past several years, the most frequent use of the Secretary's "Standards for Rehabilitation" has been to determine if a rehabilitation project qualifies as a "certified rehabilitation" pursuant to the Tax Reform Act of 1976, the Revenue Act of 1978, and the Economic Recovery Tax Act of 1981, as amended. The Secretary is required by law to certify rehabilitations that are "consistent with the historic character of the structure or the district in which it is located." The Standards are used to evaluate whether the historic character of a building is preserved in the process of rehabilitation. Between 1976 and 1982 over 5,000 projects were reviewed and approved under the Preservation Tax Incentives program. As stated in the definition, the treatment "Rehabilitation" assumes that at least some repair or alteration of the historic building will need to take place in order to provide for an efficient contemporary use; however these repairs and alterations must not damage or destroy the materials and features—including their finishes—that are important in defining the building's historic character. 7 In terms of specific project work, preservation of the building and its historic character is based on the assumption that (1) the historic materials and features and their unique craftsmanship are of primary importance and that (2), in consequence they will be retained, protected, and repaired in the process of rehabilitation to the greatest extent possible, not removed and replaced with materials and features which appear to be historic, but which are--in fact--new. To best achieve these preservation goals, a two-part evaluation needs to be applied by qualified historic preservation professionals for each project as follows: first, a particular property's materials and features which are important in defining its historic character should be identified. Examples may include a building's walls, cornice, window sash and frames and roof; rooms, hallways, stairs, and mantels; or a site's walkways, fences, and gardens. The second part of the evaluation should consist of assessing the potential impact of the work necessary to make possible an efficient contemporary use. A basic assumption in this process is that the historic character of each property is unique and therefore proposed rehabilitation work will necessarily have a different effect on each property; in other words, what may be acceptable for one project may be unacceptable for another. However, the requirement set forth in the definition of "Rehabilitation" is always the same for every project: those portions and features of the property which are significant to its historic, architectural, and cultural values must be preserved in the process of rehabilitation. To accomplish this, all ten of the Secretary of the Interior's "Standards for Rehabilitation" must be met. 19 Architectural metal features--such as cast-iron Architectural Metals: Cast facades, porches, and steps; sheet metal cornices, iron, steel, pressed tin, roofs, roof cresting and storefronts; and cast or rolled copper, aluminum, and zinc metal doors, window sash, entablatures, and hardware--are often highly decorative and may be important in defining the overall historic character of the building. Their retention, protection, and repair should be a prime consideration in rehabilitation projects. For specific guidance, consult "Metals in America's Historic Buildings." (See Reading List and Ordering Information on pg. 58.) Recommended Not Recommended Identifying, retaining, and preserving Removing or radically changing architectural metal features such as architectural metal features which are columns, capitals, window hoods, or important in defining the overall historic stairways that are important in defining character of the building so that, as a the overall historic character of the result, the character is diminished. building; and their finishes and colors. Removing a major portion of the historic architectural metal from a facade instead of repairing or replacing only the deteriorated metal, then reconstructing the facade with new material in order to create a uniform, or "improved" appearance. Radically changing the type of finish or its historic color or accent scheme. Protecting and maintaining architectural Failing to identify, evaluate, and treat metals from corrosion by providing the causes of corrosion, such as moisture proper drainage so that water does not from leaking roofs or gutters. stand on flat, horizontal surfaces or accumulate in curved, decorative Placing incompatible metals together features. without providing a reliable separation material. Such incompatibility can result in galvanic corrosion of the less noble metal, e.g., copper will corrode • cast iron, steel, tin, and aluminum. Cleaning architectural .metals, when Exposing metals which were intended to necessary, to remove corrosion prior to be protected from the environment. repainting or applying other appropriate protective coatings. Applying paint or other coatings to metals such as copper, bronze, or stainless steel that were meant to be exposed. Architectural Metals (continued) 20 Recommended Not Recommended Identifying the particular type of metal Using cleaning methods which alter or prior to any cleaning procedure and then damage the historic color, texture, and testing to assure that the gentlest finish of the metal; or cleaning when it is cleaning method possible is selected or inappropriate for the metal. determining that cleaning is inappropriate for the particular metal. Removing the patina of historic metal. The patina may be a protective coating on some metals, such as bronze or copper, as well as a significant historic finish. Cleaning soft metals such as lead, tin, Cleaning soft metals such as lead, tin, copper, terneplate, and zinc with copper, terneplate, and zinc with grit appropriate chemical methods because blasting which will abrade the surface of their finishes can be easily abraded by the metal. blasting methods. Using the gentlest cleaning methods for Failing to employ gentler methods prior cast iron, wrought iron, and steel--hard to abrasively cleaning cast iron, wrought metals--in order to remove paint buildup iron or steel; or using high pressure grit and corrosion. If handscraping and wire blasting. brushing have proven ineffective, low pressure dry grit blasting may be used as long as it does not abrade or damage the surface. Applying appropriate paint or other Failing to re-apply protective coating coating systems after cleaning in order systems to metals or alloys that require to decrease the corrosion rate of metals them after cleaning so that accelerated or alloys. corrosion occurs. Repainting with colors that are Using new colors that are inappropriate appropriate to the historic building or to the historic building or district. district. Applying an appropriate protective Failing to assess pedestrian use or new coating such as lacquer to an access patterns so that architectural architectural metal feature such as a metal features are subject to damage by bronze door which is subject to heavy use or inappropriate maintenance such as pedestrian use. salting adjacent sidewalks. Evaluating the overall condition of the Failing to undertake adequate measures architectural metals to determine to assure the preservation of whether more than protection and architectural metal features. maintenance are required, that is, if repairs to features will be necessary. Architectural Metals (continued) 21 Recommended Not Recommended Repairing architectural metal features Replacing an entire architectural metal by patching, splicing, or otherwise feature such as a column or a balustrade reinforcing the metal following when repair of the metal and limited recognized preservation methods. replacement of deteriorated or missing Repairs may also include the limited parts are appropriate. replacement in kind--or with a compatible substitute material--of those Using a substitute material for the extensively deteriorated or missing parts replacement part that does not convey of features when there are surviving the visual appearance of the surviving prototypes such as porch balusters, parts of the architectural metal feature column capitals or bases; or porch or is that physically or chemically cresting. incompatible. Replacing in kind an entire architectural Removing an architectural metal feature metal feature that is too deteriorated to that is unrepairable and not replacing it; repair--if the overall form and detailing or replacing it with a new architectural are still evident--using the physical metal feature that does not convey the evidence to guide the new work. same visual appearance. Examples could include cast iron porch steps or steel sash windows. If using the same kind of material is not technically or economically feasible, then a compatible substitute material may be considered. The following work is highlighted to indicate that it represents the particularly complex technical or design aspects of rehabilitation projects and should only be considered after the preservation concerns listed above have been addressed. Design for Missing Historic Features Designing and installing a new Creating a false historic appearance architectural metal feature such as a because the replaced architectural metal sheet metal cornice or cast iron capital feature is based on insufficient when the historic feature is completely historical, pictorial, and physical missing. It may be an accurate documentation. restoration using historical, pictorial, and physical documentation; or be a new Introducing a new architectural metal design that is compatible with the size, . feature that is incompatible in size, scale, material, and color of the historic scale, material, and color. building. . r. Execution of this Memorandum of Agreement evidences that FHWA has afforded the Council a reasonable opportunity to comment on Project BRO 0012(1) , Baseline Road - Adams/Weld County Line, and its effects on historic properties and that FHWA has taken into account the effects of its undertaking on historic properties. Division Administrator (date) Federal Highway Administration Colorado State Historic (date) Preservation Officer Executive Director (date) Advisory Council on Historic Preservation Chairman (date) Advisory Council on Historic Preservation I Concur: Chairman (date) Adams Board of County Commissioners bhMeti\t-WiNaLf/(date)rs Weld Board of County Commissioners ELY of917 J y 111'70:2:2:1:984"'".."-" CT 221984 l � m Dighton ItY October 15 , 1984 Historical Society of Colorado Heritage Plaza 1300 Broadway Denver, CO 80203 Attn: Gloria Mills Re: Baseline Bridge over the South Platte River Thank you for the opportunity to comment on the proposed nomination of the Baseline Bridge to the National Register. The City of Brighton vigorously opposes the nomination and requests that the State Review Board reject the proposal . We believe in the preservation of representative structures historically significant to the people of this community, the state and the nation. Our own 1886 Church , City Hall and railroad depot demonstrate this be- lief. Our position in this matter is therefore based upon serious consideration of the merits of the bridge's preservation "in situ" compared with its impact upon the safety of the travelling public and upon properties located along the South Platte River. In its 58-year life the bridge has served an ever-increasing demand by larger and heavier vehicles . Today the two narrow (9' wide) moving lanes pose a restrictive and very hazardous obstacle to traffic. Be- cause 168th Avenue will soon be the only direct link between the 1-76 interchange , U.S. 85 and the I-25 interchange in the region , its im- portance will grow. Even now Regional Transportation Plans call for widening and upgrading to regional arterial status (while State High- way 7 is to be downgraded) . eec 9i I/ 22 south 4th avenue, brighton,co. 80601 (303) 659-4050 Historical Society ui Colorado October 15 , 1984 Page Two Baseline bridge also poses a continuing hazard to riverside properties . Its three spans sit low in relation to the South Platte River; this condition and the. multiple supports in place result in restricted flow of water and entrapment of debris . We are informed of numerous occasions when flood waters backed up behind the bridge damaging properties up- stream; we also know that county crews have been called out to clear large debris that threatened to move one or more spans off of its footings . Because of these conditions Adams and Weld Counties have planned for several years to replace the bridge. The replacement is designed, • each County has budgeted 10% of the $1 .2 Million cost and the State Highway Department is passing through over $900,000 in construction funds . Because of the proposed nomination we understand that the state funds are frozen and the project is at a standstill . We are concerned also that the funds from the state may be used elsewhere if this issue is not resolved in a timely manner. The City of Brighton believes that the above described public health and safety issues weigh substantially against design significance; the Baseline Bridge must be removed from its location and replaced. Sincerely, CITY OF BRIGHTON Gay . Gilpin , Mayor STATE OF COLORADO SS COUNTY OF att,,,✓ ) The fore ing instrument was subscribed and sworn to before me this /G/ 4 day o _a , , 1981/, by: Witness my hand and official seal . My commission expires: � ,•,,,,,san otary. Pub is Ana � hu e Address coca ,A,The Ww/ Hello