HomeMy WebLinkAbout11-369AUGUST 23, 2011
11 -369 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN THE
US COAST GUARD, STATE HISTORIC PRESERVATION OFFICE
AND WISCONSIN CENTRAL LTD.; ACCEPT CURATION PLAN
PROVISIONS / REPLACEMENT OF THE WISCONSIN CENTRAL
LTD BRIDGE OVER THE FOX RIVER
INITIATED BY: COMMUNITY DEVELOPMENT DEPARTMENT
WHEREAS, Wisconsin Central Ltd. has submitted an application to the US Coast
Guard for a federal bridge permit for replacement of the Wisconsin Central Ltd Railroad
bridge over the Fox River in Oshkosh; and
WHEREAS, due to the historic significance of the bridge, the US Coast Guard
has consulted with the Fox River Navigational Systems Authority, the Fox - Wisconsin
Heritage Parkway, the Friends of the Fox, and the City of Oshkosh regarding the bridges
eligibility for listing on the National Register of Historic Places and the entering into of a
Memorandum of Agreement; and
WHEREAS, Wisconsin Central Ltd has offered the City two 1899 date plaques
and any builders plaques on the bridge; and
WHEREAS, the City has submitted a Curation Plan for said plaques to Wisconsin
Central in accordance with the terms of the proposed Memorandum of Agreement and
Wisconsin Central has accepted said Plan.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City officials are hereby authorized and directed to enter into the
attached Memorandum of Agreement between the US Coast Guard, State Historic
Preservation Office and Wisconsin Central Ltd, with substantially the same terms as
attached hereto, any changes in the execution copy being deemed approved by their
respective signatures, and to carry out all actions necessary to implement the City's
obligations under the Agreement.
BE IT FURTHER RESOLVED that the Curation Plan provisions offered by
Wisconsin Central Ltd is hereby accepted and the proper city officials are authorized and
directed to enter into the attached with Wisconsin Central Ltd and to carry out all actions
necessary to implement the City's obligations under the Agreement.
Page 1 of 10
MEMORANDUM OF AGREEMENT
BETWEEN THE UNITED STATES COAST GUARD,
THE WISCONSIN STATE HISTORIC PRESERVATION OFFICE,
AND WISCONSIN CENTRAL LTD.
FOR THE REPLACEMENT OF THE
WISCONSIN CENTRAL LTD. BRIDGE —
NEENAH SUBDIVISION —M.P. 173.20, OVER THE FOX RIVER,
AT OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
WHEREAS, the Wisconsin Central Ltd. (WCL) has submitted an application to the Commander, Ninth
Coast Guard District, for a federal bridge permit for the replacement of WCL Bridge — Neenah
Subdivision —M.P. 172.20, over the Fox River, at Oshkosh, Winnebago County, Wisconsin (BRIDGE);
and
WHEREAS, the United States Coast Guard (USCG) has established the project's area of potential effect,
as defined in 36 CFR §800.16, to be the BRIDGE proper; and
WHEREAS, the USCG, pursuant to 36 CFR §800.4(c), has determined that the BRIDGE is eligible for
listing in the National Register of Historic Places; and
WHEREAS, the USCG has determined that the replacement of the BRIDGE will have an adverse effect
on the historic character of the BRIDGE pursuant to 36 CFR §800.5(a); and
WHEREAS, the USCG has consulted with the Wisconsin State Historic Preservation Office (SHPO) in
accordance with Section 106 of the National Historic Preservation Act, 16 U.S.C. 470 (NHPA) and its
implementing regulations (36 CFR §800) to resolve the adverse effect on the BRIDGE; and
WHEREAS, the Fox River Navigational System Authority, Fox - Wisconsin Heritage Parkway, Friends of
the Fox, and the City of Oshkosh have participated as consulting parties in the consultation and have
been invited to concur in this Memorandum of Agreement (MOA); and
NOW, THEREFORE, the USCG, SHPO, and WCL agree that upon execution of this MOA, WCL will
perform pursuant to the following stipulations:
STIPULATIONS
A. Prior to the removal of the BRIDGE, WCL will conduct Level II Historic American Buildings
Survey /Historic American Engineering Record (HABS /HAER) photo documentation to accurately
record the features of the BRIDGE. The original documentation set will be archived at the
Wisconsin Historical Society.
WCL will ensure that all HABS /HAER photo documentation will, at a minimum, meet the
standards set forth in the Secretary of the Interior's Standards and Guidelines for
Architectural and Engineering Documentation.
2. WCL will submit the HABS /HAER photo documentation to the SHPO, which will consist
of digital images that conform to the SHPO guidelines of November 2008.
3. The SHPO will determine whether the HABS /HAER photo documentation meets the
standards stipulated.
B. Prior to the alteration of the BRIDGE, WCL will conduct Level II and /or Level III HABS /HAER
drawings, as directed by its approved consultant, to accurately record the features of the
BRIDGE, and that the information contained in these documents will meet with the approval of
the SHPO.
Page 2 of 10
C. Digital and photocopies of the completed HABS /HAER documentation set will be provided to all
parties to this agreement.
D. Prior to the removal of the bridge, the WCL will ensure that parties to this MOA will have the
opportunity to submit curation plans for the ring girder assembly and/or an approach truss. Each
prospective curator shall submit a curation plan to the WCL by July 1, 2011, for consideration.
The plan shall identify the proposed new owner and the ultimate location for the bridge
element(s). The WCL will evaluate any curation plans and accept the viable plan(s) by August 1,
2011. The WCL will be responsible for removing the elements from the structure and delivering
them by barge to a location controlled by the curator along the river within one - quarter mile west
of the bridge. The curator is responsible for unloading the elements from the barge. When the
move is completed, the WCL will provide legal title to the curator and the curator will be required
to release the WCL for any liability associated with the element. If there is no curator for the 1899
date plaques above the portals and any historic builder's plates, the WCL will salvage these
items.
E. Within two years after the removal of the bridge, the WCL will develop an interpretive display in
consultation with the parties to this agreement. The display will incorporate one of the 1899 date
plaques that was salvaged per Stipulation D. It will also include an interpretive panel that
discusses the history of the bridge, its role in the economic development of the city, and its
influence on the community near its present location.
F. WCL may not proceed with replacement of the BRIDGE until all required permits and
permissions to proceed are received.
ADDITIONAL PROVISIONS
Dispute Resolutions
Should any signatory or concurring party to this MOA object at any time to any actions proposed or the
manner in which terms of this MOA are implemented, USCG shall consult with such party to resolve the
objection. If USCG determines that such objection cannot be resolved, USCG will:
A. Forward all documentation relevant to the dispute, including the USCG's proposed resolution, to
the Advisory Council on Historic Preservation (ACHP). The ACHP shall provide USCG with its
advice on the resolution of the objection within thirty (30) days of receiving adequate
documentation. Prior to reaching a final decision on the dispute, USCG Shall prepare a written
response that takes into account any timely advice or comments regarding the dispute from the
ACHP and signatories, and provide them with a copy of this written response. USCG will then
proceed according to its final decision.
B. If the ACHP does not provide its advice regarding the dispute within the thirty (30) day time
period, USCG may make a final decision on the dispute and proceed accordingly. Prior to
proceeding, USCGG shall notify the parties to this MCA of its decision regarding the dispute.
C. USCG's responsibility to carry out all other actions subject to the terms of this MCA that are not
subject to the dispute remain unchanged.
Review of Public Objectives
At any time during the implementation of the measures stipulated in this MOA, should an objection to any
such measure or its manner of implementation be raised by a member of the public, the parties shall
consult as needed to resolve the objection.
Page 3 of 10
III. Amendments
Any party to this MOA may propose that the MOA be amended, whereupon the parties to this MOA shall
consider such an amendment. The MOA may only be amended by the written agreement of all parties.
IV. Termination
A. Proof of completion of the documentation required in the Stipulations, accepted by the SHPO,
will constitute termination of this MOA.
B. If the terms of this MOA have not been implemented two years after execution, this MOA will be
null and void. In such an event, WCL shall notify the SHPO of its expiration, and if appropriate,
shall re- initiate review of the undertaking in accordance with 36 CFR §800.
C. Any signatory party to this MOA may withdraw from it by providing thirty (30) days notice to the
other parties, provided that the parties will consult during the period prior to withdrawal to seek
agreement on amendments or other actions that would avoid withdrawal. In the event of
termination, or withdrawal, WCL will comply with the federal regulation 36 CFR §800, Protection
of Historic Properties.
Execution and implementation of this MOA is evidence that Wisconsin Central Ltd. and the United States
Coast Guard have satisfied their responsibilities under Section 106 of the National Historic Preservation
Act.
Page 4 of 10
MEMORANDUM OF AGREEMENT
BETWEEN THE UNITED STATES COAST GUARD,
THE WISCONSIN STATE HISTORIC PRESERVATION OFFICE,
AND WISCONSIN CENTRAL LTD.
FOR THE REPLACEMENT OF THE
WISCONSIN CENTRAL LTD. BRIDGE
NEENAH SUBDIVISION —M.P. 173.20, OVER THE FOX RIVER,
AT OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
SIGNATORIES:
UNITED STATES COAST GUARD
By: Date:
Page 5 of 10
MEMORANDUM OF AGREEMENT
BETWEEN THE UNITED STATES COAST GUARD,
THE WISCONSIN STATE HISTORIC PRESERVATION OFFICE,
AND WISCONSIN CENTRAL LTD.
FOR THE REPLACEMENT OF THE
WISCONSIN CENTRAL LTD. BRIDGE
NEENAH SUBDIVISION —M.P. 173.20, OVER THE FOX RIVER,
AT OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
SIGNATORIES:
WISCONSIN STATE HISTORIC PRESERVATION OFFICE
By:
Date:
Page 6 of 10
MEMORANDUM OF AGREEMENT
BETWEEN THE UNITED STATES COAST GUARD,
THE WISCONSIN STATE HISTORIC PRESERVATION OFFICE,
AND WISCONSIN CENTRAL LTD.
FOR THE REPLACEMENT OF THE
WISCONSIN CENTRAL LTD. BRIDGE
NEENAH SUBDIVISION —M.P. 173.20, OVER THE FOX RIVER,
AT OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
SIGNATORIES:
WISCONSIN CENTRAL LTD.
By:
Date:
Page 8 of 10
MEMORANDUM OF AGREEMENT
BETWEEN THE UNITED STATES COAST GUARD,
THE WISCONSIN STATE HISTORIC PRESERVATION OFFICE,
AND WISCONSIN CENTRAL LTD.
FOR THE REPLACEMENT OF THE
WISCONSIN CENTRAL LTD. BRIDGE
NEENAH SUBDIVISION —M.P. 173.20, OVER THE FOX RIVER,
AT OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
CONCURRING PARTIES:
Fox - Wisconsin Heritage Parkway
By:
Date:
Page 7 of 10
MEMORANDUM OF AGREEMENT
BETWEEN THE UNITED STATES COAST GUARD,
THE WISCONSIN STATE HISTORIC PRESERVATION OFFICE,
AND WISCONSIN CENTRAL LTD.
FOR THE REPLACEMENT OF THE
WISCONSIN CENTRAL LTD. BRIDGE
NEENAH SUBDIVISION —M.P. 173.20, OVER THE FOX RIVER,
AT OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
CONCURRING PARTIES:
Fox River Navigational System Authority
By. Date:
Page 9 of 10
MEMORANDUM OF AGREEMENT
BETWEEN THE UNITED STATES COAST GUARD,
THE WISCONSIN STATE HISTORIC PRESERVATION OFFICE,
AND WISCONSIN CENTRAL LTD.
FOR THE REPLACEMENT OF THE
WISCONSIN CENTRAL LTD. BRIDGE
NEENAH SUBDIVISION —M.P. 173.20, OVER THE FOX RIVER,
AT OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
CONCURRING PARTIES:
Friends of the Fox
By:
Date:
Page 10 of 10
MEMORANDUM OF AGREEMENT
BETWEEN THE UNITED STATES COAST GUARD,
THE WISCONSIN STATE HISTORIC PRESERVATION OFFICE,
AND WISCONSIN CENTRAL LTD.
FOR THE REPLACEMENT OF THE
WISCONSIN CENTRAL LTD.BRIDGE
NEENAH SUBDIVISION —M.P. 173.20, OVER THE FOX RIVER,
AT OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
CONCURRING PARTIES:
City of Oshkosh
By. Date:
L�J
www.cn.Ca
July 13, 2011
David Buck, Principal Planner
City of Oshkosh — Div. of Planning Services
215 Church Avenue, PO Box 1130
Oshkosh, Wisconsin 54903 -1130
Law
Michael A. Matteucci
Counsel - Regulatory
17641 S. Ashland Avenue
Homewood, IL 60430 -1339
T - 708 - 332 -4386
F - 708 - 332 -4361
mike.matteucci @cn.ca
Re: City of Oshkosh Curation Plan
Replacement of Wisconsin Central Ltd. Bridge- Neenah Subdivision -MP 173.20
Over the Fox River at Oshkosh, Winnebago County, Wisconsin
Dear Mr. Buck:
We have received the curation plan submitted by the City of Oshkosh in response to the
Memorandum of Agreement for the above project. We accept the provisions you outline for:
0 HABS /HAER documentation: we will provide to you a digital copy and photocopy of
the report.
• Bridge elements: we will give the city the two 1899 date plaques and any builders
plaques on the bridge.
We also agree to provide funding for the development and fabrication of the planned interpretive
display, up to a maximum expense of $20,000. We assume that you will have this developed within
two years after the removal of the bridge as required by Stipulation E of the Memorandum of
Agreement.
If the above is acceptable to the city, please acknowledge this acceptance in the space provided
below and return one original copy to me, with a photocopy to Charlene Roise. We can discuss the
logistics for transferring the bridge elements and the funds for the interpretation to the city after
work on the bridge replacement commences. The HABS /HAER report will be provided as soon as it is
completed.
Thank you for your interest in the history of the bridge and the railroad.
Sincere,
cc: Charlene Roise, Hess, Roise and Company, 100 North First Street, Minneapolis MN 55401
ACKNOWLEDGEMENT: DA
O City Of Oshkosh
Dept. Of Community Development
Planning Services Division
215 Church Ave., PO Box 1130
OfHKOJH Oshkosh, WI 54903 -1130
UM TME WA- (920) 236 -5059 (920) 236 -5053 FAX
Http: //Www.Ci.Oshkosh.Wi.Us
June 28, 2011
Wisconsin Central Limited
C/O Charlene Roise
Hess, Roise and Company
100 North First Street
Minneapolis, MN 55401
To Whom It May Concern:
Allen Davis, Director
Department of Community Development
Darryn Burich, Director
Planning Services Division
AdRIPA
Please accept this letter as the City of Oshkosh, Wisconsin (Oshkosh) Curation Plan, as outlined
in the Memorandum of Agreement (MOA) between the Unites States Coast Guard (USCG), the
Wisconsin State Historic Preservation Office (SHPO), and the Wisconsin Central Ltd. (WCL) for
the replacement of the Wisconsin Central Ltd. Bridge- Neenah Subdivsion -M.P. 173.20, Over the
Fox River, at Oshkosh, Winnebago County, Wisconsin.
Historic American Buildings Survey/Historic American Engineering Record (HABS/HAER)
Sections A, B and C of the aforementioned MOA stipulates that the WCL will conduct a Level II
HABS and HAER, as approved by the SHPO. The City of Oshkosh is interested in receiving
copies (both digital and photocopy) of the HABS and HAER, which we will keep within the
local historic record as well as use as supplement to research for data to be incorporated into the
design of the interpretive displays /signage, as discussed later in this letter.
Bridge Elements
Section D of the MOA provides the opportunity for the City of Oshkosh to supply a curation plan
to take ownership of the existing bridge ring girder assembly and/or an approach truss. Though it
was suggested by the City of Oshkosh Landmarks Commission, the City of Oshkosh is not
interested in taking ownership of the ring girder assembly and /or an approach truss due to timing
and the high cost associated with unloading, temporarily storing and permanently incorporating
them into the City's Riverwalk design. However, the City is interested in taking ownership of
the two 1899 Date Plaques as well as any Builders Plaques to incorporate them as part of the
Interpretive Displays addressed in Section E of the MOA.
Interpretive Display
Section E of the MOA discusses the development of interpretive display / signage. The City of
Oshkosh is extremely interested in the development of interpretive display /signage and proposes,
in coordination with the Wisconsin Central Ltd., to incorporate the two 1899 Date Plaques as
well as any Builders Plaques into two separate unlit interpretive displays /signs. These
interpretive displays /signs would potentially be designed as either 3'X 5' or 4' X 8' low profile
pedestals (dependent on the date and builder's plaque size constraints) located on the present and
planned riverwalk near the new railroad bridge; one located on the north shore and the second
located on the south shore of the Fox River (see Appendix A — Location Map). The physical
design of the interpretive displays /signs will be complimentary to the general design theme of the
City's Riverwalk signage (as depicted in Appendix B — Conceptual Sign Design) including
elements such as bases /frames, colors and fonts.
The City of Oshkosh (especially Museum staff) will work with the Oshkosh Landmarks
Commission, the Fox - Wisconsin Heritage Parkway and the Friends of the Fox to develop the
content of the interpretive displays /signs focusing on the history of the bridge, its role in the
economic development of the city, and its influence on the community with a small percentage of
space on said interpretive displays /signs to be allocated for logos of the WCL, Fox - Wisconsin
Heritage Parkway and the City of Oshkosh, as depicted on the example images below.
,Examples of -Linerpretive Displays
Installation of the interpretive displays /signs would be coordinated with the installation of the
Riverwalk on the south shore, estimated to be 2013 -2014. Costs associated with the design,
fabrication and installation of the two proposed interpretive displays /signs would be born by the
WCL and ongoing maintenance would rest with the City of Oshkosh. Additionally, the City of
Oshkosh anticipates that the interpretive display /sign design will act as a model for additional
historic interpretive displays along both sides of the river as well as a prototype for the Fox -
Wisconsin Heritage Parkway signage design, while still remaining unique to the former bridge
and for Oshkosh.
If you have any questions or concerns regarding this letter /curation plan, please do not hesitate to
contact me by telephone at 920- 236 -5062 or by e -mail at dbuck@,,ci.oshkosh.wi.us
Respectfully,
City of Oshkosh
Planning Services Division
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ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich*�
Director of PI nning Services
DATE: August 23, 2011
RE: Approve Resolution Authorizing Agreement Between The US Coast Guard, State Historic
Preservation Office And Wisconsin Central LTD. And Accept Curation Plan Provisions /
Replacement Of The Wisconsin Central LTD Bridge Over The Fox River (Landmarks
Commission Recommends Approval)
BACKGROUND
The rail bridge crossing the Fox River was constructed in 1899 and based on its 110+ years of service has
exceeded its useful lifespan. Wisconsin Central Ltd. has submitted an application to the US Coast Guard for a
federal bridge permit for replacement of the Wisconsin Central Ltd Railroad bridge over the Fox River in
Oshkosh at its existing location. Due to the historic significance of the bridge, the US Coast Guard has
consulted with the Fox River Navigational Systems Authority, the Fox - Wisconsin Heritage Parkway, the
Friends of the Fox, and the City of Oshkosh Landmarks Commission regarding the bridge§ eligibility for listing
on the National Register of Historic Places and the entering into of a Memorandum of Agreement (MOA)with
said entities to mitigate the loss of this historic /cultural structure.
ANALYSIS
Included within the MOA, the Wisconsin Central LTD has agreed to conduct a Level II Historic American
Buildings Survey/Historic American Engineering Record (HABS /HAER) photo and drawing documentation to
accurately record the features of the bridge; provide the opportunity for entities of the MOA to submit a curation
plan for use of features of the historic bridge (the ring girder assembly and /or an approach truss); and in
cooperation with the City of Oshkosh, to develop an interpretive display that will incorporate the 1899 date
plaques to be salvaged and discusses the history of the bridge, its role in the economic development of the city,
and its influence on the community near its present location.
The City has submitted a Curation Plan to develop interpretive display /signs incorporating the two 1899 Date
Plaques as well as any Builders Plaques into two separate unlit interpretive displays /signs. These interpretive
displays /signs would be located on the present and planned riverwalk near the new railroad bridge; one located
on the north shore and the second located on the south shore of the Fox River. The Wisconsin Central LTD. has
accepted the City's proposed Curation Plan and has agreed to provide up to $20,000 for the development and
installation of the two proposed informational kiosks as well as provide the date plaques and any builders plates
that may be part of the bridge to the City for inclusion in a historical display along the riverwalk.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Landmarks Commission approved of this request at its August 10, 2011 meeting.
Approved,
City Manager