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09-785Council File # nq_�sts Green Sheet # 3072177 RESOLUTION CITY OF SAINT�UL, MINNESOTA l 7 Presented by WHEREAS, the Metropolitan Council is proposing to build the Central Corridor Light Rail Transit (LRT) Project from downtown Minneapolis to downtown Saint Paul; and WHEREAS, in Saint Paul, the LRT alignment will be on University Avenue, Robert Street, 12�' Street, Cedar Street and 4�" Street; and 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, the Metropolitan Council is proposing to use funding assistance from the Federal Transit Administration (FTA), which renders the project a federal undertaking pursuant to Section 106 of the National Historic Preservation Act and requires consultation regarding the protection of historic properties impacted by the LRT project; and WHEREAS, a Programmatic Agreement (PA) has been signed by the FTA, Metropolitan Council, Minnesota State Historic Preservation Office and Advisory Council on Historic Preservation, with the following parties signing on as concurring parties: Preservation Alliance of Minnesota, Prospect Park and East River Road Improvement Association, Historic Saint Paul, St. Louis King of France Church, Central Presbyterian Church and Saint Paul Heritage Preservation Commission; and WHEREAS, the purpose of the PA is to provide for ongoing consultation between the parties to assess the projecYs impacts on historic properties as the project progresses, and to identify measures to avoid, minimize or mitigate adverse impacts; and WHEREAS, City staff are given responsibilities in the PA (beyond those assigned to the Saint Paul Heritage Preservation Commission) in two areas: 1) mitigating the loss of on-street parking on University Avenue; and 2) preparing design guidelines for redevelopment of the 4 block in conjunction with an LRT station at that location; and WHEREAS, City staff has already been working with the Metropolitan Council and other signatories to the PA on these two items and will continue to do so, as these are appropriate work items for City staff. NOW,THEREFORE, BE IT RESOLVED, that the Saint Paul City Council authorizes the Mayor to sign the Central Corridor Light Rail Transit Project Programmatic Agreement as a concurring party. � Yeas � Nays � Absent � Requested by Deparhnent of: Bostrom �/ Carter �/ Plazu'n & ono Develo ment Harris � nBy; �'�--� v ., ___ E Stark Thune Adopted by CounciC Date ��a�'�d Adoption Certified by Council Secretary BY� ��/1,4. .�/l<.9iI Approved by May . Date �(_� ��� B Y � ��g,t,.�n ...�. Approved by the Office of Financial Services By: Form Approve y' tto y By: Form Approved by Mayor for Submission to Council By: � Green Sheet Green Sheet 09-785 Green Sheet Green Sheet Gresn Sheet Green Sheet C� � Departmentl�celCouncil: Date inifiated: PE _P(anning&Economic 07-JUL-09 Green Sheet NO: 3072'177 --Develo - --_._-- ---------�--� ---------- --- - ---- ----- ---------------- �� � ConWct Person 8 Phone• � I Department Sent To Person Initiai/Bate � Lucy Thompson 0� Iannin & Economic Deveio me 266$578 I 7 Iannins & Economic Develoomei De artment Director � Assign Z i Attomev CiNAttorne Must Be on Council Agenda by (Date): Number 3 a or's Office Ma odAssis�n[ Fof Routing C ouncii Ka[h Lan Doa Type; RESOLUTION Order 5 i Clerk C1 Clerk E-Document Required: Y I Document ConWct: Contact Phone: ToW I# of Signature Pages _(Clip NI locations for Signature) Action Requested: Approval of resolution authorizing the Mayor to sign as a concurring party, on behalf of the Ciry of Saint Paul, the Section 106 Programmatic Agreement for the Cenhal Corridor Light Rail Transit Project. Recommendations: Approve (A) or Reject (R): Personal Service Contrscts Must Answerthe Following Questions: Planning Commission 1, Has this person/firtn ever worked under a contract for fhis departmenY? CI8 Committee Yes No Civil Service Commission 2. Has this personffirtn ever been a ciry employee? Yes No 3. Dces {his person/firtn possess a skill not nortnally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Whenever federal funds are used to fund a project, the environmental review process must identify potential impacts to historic properties either listed on or etigible for listing on the National Register of Historic Places. Once these historic properties are identified, a Programmatic Agreement is prepared to lay out a process for ongoing consultarion to address any identified adverse impacts. The Central Corridor Programmatic Agreement (PA) has been signed by the Federal Transit Administration, Mefropolitan Council, Minnesota State Historic Preservation Office and Advisory Council on Historic Preservation, and six concu�ring parties, including the Saint Paul Heritage Preseroation Commission. Because Ciry departments (beyond the HPC) are given some responsibility in the PA, it has been requested that the City sign on as a concutting party. This resolution authorizes the Mayor to sign the PA on behalf of the Ciry, pledging the City's commitmen[ to assist in its implementation. Advantages If Approved: The City will be on record as supporting the Programmatic Agreement, which addresses potentia( impacts of the Central Corzidor LRT project on historic properties. Disadvantages If Approved: None. Disadvantages if No1 Approved: None, really. This is a formal commitment to do work the City is already committed to doing. �������� r ,. Total Amount of � � Transadion: �0.00 CostlRevenue Budgeted: N � �, , Funding Source: Activity Number. � e� �� �„"`° �'� K�;� _ " ,�%� `d; ° )r Financial Information: (Explain) " July 7, 2009 834 AM Page 1 DEPARTMENT OF PLANNING & ECONOMIC DEVE[,OPMENT Cectfe Bedor, Dnector CTTY OF SAII�IT PAUL Chrisfopher B. Caleman, Mayor DATE: July 6, 2009 TO: Mayor Coleman City Councilmembers� FROM: Cecile Bedor, Director 25 West Fourth Snee! SaintPaul, MN 55102 09-7$5 'LT Telephone� 651-266-6565 Facsrmile 6�1-228-326I SUBJECT: Section 106 Programmatic Agreement BACKGROUND Whenever federal dollars are used to fund a project, Section 106 of the National Historic Preservation Act requires the environmental review process to identify potential impacts to historic properties listed in or eligible for listing in the National Register of Historic Places; this is called the Section 106 process. Once these historic properties are identified, a Programmatic Agreement (PA) is prepared to lay out a process for ongoing consultation to address any identified adverse impacts the project might have on historic properties. This ongoing consultation is necessary because not all impacts are fully known at the time of project execution. The PA outlines steps that wili be taken as the project progresses. The Centrai Corridor Programmatic Agreement has been signed by the Federal Transit Administration, Metropolitan Council, Minnesota State Historic Preservation Office and Advisory Council on Historic Preservation, and six concurring parties, including the Saint Paul Heritage Preservation Commission. Because City departments (beyond the HPC) are given some responsibility in the PA, it has been requested that the City sign on as a concurring party. This resolution authorizes the Mayor to sign the PA on behalf of the City, pledging the City's commitment to assist in its implementation. THE PROGRAMMATIC AGREEMENT A copy of the signed Programmatic Agreement is attached to this memo. It is the result of more than a year of ineetings between the signatories and concurring parties. The key components of the PA inciude: • the identification of historic properties listed in or eligible for listing in the National Register of Historic Places that may be adversely impacted by the Central Corridor LRT project; • a commitment to a process to avoid, minimize and/or mitigate adverse impacts to these properties; • a commitment to identify and mitigate potential impacts caused by noise, vibration, parking and traffic; . preparation of an educational field guide to historic properties and districts along the Central Corridor, including guidance on sensitive rehabilitation; and • guidance on on-going pubiic invoivement in implementation of the Agreement. 09-785 Mayor and Councilmembers July 6, 20D9 Page Two THE CITY'S ROLE IN THE PROGRAMMATIC AGREEMENT The Saint Paul Heritage Preservation Commission has already signed the PA as a concurring party. As the formal City entity with the responsibility to identify and protect historic resources in Saint Paul, and given that most of the LRT line is within Saint Paul city limits, the HPC wili be closely involved in implementation of the PA. The PA also assigns responsibility to City departments in two areas: 1) mitigating the loss of on-street parking on University Avenue; and 2) preparing design guidelines for redevelopment of the 4'"/Cedar block. Section VI.C.2. notes the City's role in implementing the strategies recommended in the April 2009 report prepared by City and Metropolitan Council staff, "Mitigating the Loss of Parking in the Central Corridor." Section VII. notes that the Metropolitan Council will consult with the City (as well as the HPC and Minnesota State Historic Preservation Office) to develop design guidelines for future development on the block bounded by 4` 5` Cedar and Minnesota. The PA notes that, if these guidelines are completed prior to adoption of the Downtown Station Area Plan, they will be integrated into the Plan. If they are completed after adoption of the Plan, the Plan will be amended to include them. STAFF RECOMMENDATION The two items noted above are largely the work of my staff (partnering with other City departments, of course). In meetings already held on these efforts, we have committed to continuing to work on them with the Metropolitan Council. Authorizing the Mayor to sign the PA as a concurring party will solidify our commitment in the eyes of the other signatories and concurring parties. i recommend that the City Council so authorize the Mayor. Attachment AN AFFIRMATTVE ACTION EQUAL OPPORTUNITY EMPLOYER ,i � : � PROGRAMMATIC AGREEMENT AMONG THE FEDERAL TRANSIT ADMIMSTRATION, METROPOLITAN COUNCIL, THE MINNESOTA STATE HISTORIC PRESERVATION OFFICE AND ADViSORY COUNCIL ON HISTORIC PRESERVATION REGARDING THE CONSTRUCTION OF THE CENTRAL CORRIDOR LIGHT RAIL TRANSIT PROJECT BETWEEN MINNEAPOLIS AND ST. PAUL, MINNESOTA WHEREAS, the Metropolitan Council (MC) is proposing [o construct the Central Corridor Light Rail Transit Project (PROJEC1� loca[ed between Minneapolis and St. Pavl, Minnesota as more fully described in the Drafl Environmental ]mpact Statement (DEIS) of June 2006 and the Supplemental Drafi Environmental Impact Statement (SDEIS) of June 2008 and the proposed Final Emironmental Impact Sta[ement (FEIS); and WHEREAS, MC is proposing to ase funding assistance from the Federal Transit Administration (FI'A} ro implement the PROJECT, assistance that would render the PROJECT a Federal undertaking pursuant io Section 106 af the National Historic Preservation Act (Section 106), ] 6 U.S.G Section 470(�, as amended; and WHEREAS, FTA has coosulted wiih the Minneso[a State Historic Preservation Officer (MnSHPO) pursuant to federa] regulations at 36 CFR Part 800 implementing Section ]06; and WHEREAS, the FI'A and MC have also consulted with a wide variety of agencies, organizations, and other persons who have an interest in this project's effects on hisioric properties; and WHEREAS, the Preservation Alliance of Minnesota, the St. Paul Heri[age Preservation Commission, Historic St. Paul, the Prospect Park and East River Road Improvement Association, S�. Louis King of France Church, and Central Presby[erian Church have elected to participate as consulting parties in the consultation process for this FROJECT and have been invited to concur with this AGREEMENT; and WHEREAS; the full range af effects on historic pro�ierties will not be known prior ro the approva] of grant funds, and this AGREEMEN'�' provides for ongoing;:onsultation to assess effects and resolve adverse effects in fulfillment of the requirements of Section ) O6 in accordance with 36 CFR 800.14(b}(i}(ii). WHEREAS, the FI'A and n�tinnesota Departmen[ o', Transportation, Cultural Resources Uni[ (Mn/DOT CRU), in consultation with MnSHPO, have determic ed the Area of Potential Effect (APE) for the projec[ as a11 properties within the consvuction zones and the f�rst tier (all properties fronting the atignment, inctuding buildings, structures, and objects) of adjacent propenies, wi[h the addition of properties potentially affected _ by secondary redevetopmene impacts around [he pro{�osed s[ation si[es, as shown in Attachment B, � recognizing that the APE may need [o be adjusted as �dditiooaf project elements are identified pursuan[ to Stipuiation XII of this AG}2F_EMENT; anc� Programmatic Agreement June l5, 2009 Central Corridor Light Rail Transit Project page 1 of 18 09-785 � WHEREAS, FI'A and MnDOT/CRU, in consulEation with MnSHPO have identiFied historic properties in the PROJECT's AFE which aze listed in or eligible for tfie National Register of Historic Ptaces (as listed in Attachment A to this AGREEMEN'1�, and MnSHPO has concurred with these determinations; aod WHEREAS; upon initiation of the Section Ifl6 consultation process and ii� accordance with 36 CFR SQ0.2(c}{2)(ii), the FTA contac[ed potenlially afFec[ed Indian mibes {The Lower Sioux Indicm Communiry, Prairie Island Indian Communiry, and the Shakopee Mdewakanton Sioux Communitv) inviting their participaUOn in consultation via forma! letter, phone call, and e-mail; and WHEREAS, This AGREEMENT was developed wi[h appropriate public invoivement (p�rsuant to 36 CFT2 800.2(d) and 8Q0.6(a)) coordinated with the scoping, pubiic review and comment, and public hearings conducted by FTA and MC to comply with NEPA and its implementing regulations; and WHEREAS, a Community Advisory Committee (CAC) was formed in Ianuazy 2Q07 consisting of reQresentative of neighborhood organizations, district ptanning councils, business representatives, advocacy groups, educationat institutions, ethnic communities and religious organizations to keep these organizations informed about the PROJECT and to provide feedback on issues related to the planning, design, and constructio[� of the PROJECT; and WHEREAS; che FTA i�vited the Advisory Council on Historic Preservation (ACHP) to participate in the development of this AGREEMENT and the ACHP indicated it would participate in consultation by ]etter of lune 17, 2008, to the Federai Transit Administraror, and WHEREAS, the purpose of this Programmatic Agreement (AGREEMENT) is to assess ef£ects on historic propeRies (w6ere such determination cannot be made at this time) and to identify measures to avoid, minimize, or mitigate adverse effects, as ageed with consulting parties; and WHEREAS, the FI'A wiA be responsible for ensuring that all aspecES of PROIEC'I' emplemeniation meet the terms of this AGREEMENT, in collaboration with the MnDOT/CRU , which assisted the FTA in the prepazation of information, analysis and recommendations regarding Section I �6 consultation; and WHEREAS, the Ramsey County Regional Rail Authority and the Hennepin County RegionaI Reil Authodty will be providing locai funding for [he PROJECT; and WHEREAS, the MC will administer the imp3ementation of the PRO]ECT and will complete the stipulations of the agreement; and NOW, THEREFORE; the FTA, the MC, MnSHPO, and the ACHi' agree that the PROJECT will be implemented in accordance with the following stipulations in order to take into account the effects of the under[aking on historic properties. Programmatic Agreement June 15, 2009 Central Corridor Light Rail Transit Project page 2 of 18 09-785 STIPULATIONS The FTA wil] ensure that the following measures are carried oui: I. PROJECT DESIGN DEVELOPMENT A. The PROJECT design will effecuvely meet the project purpose and need, while avoiding, minimizing, and/or mitigating adverse impacts to the emironment, including adverse effects to historic properties. Avoidance of adverse effec[s is preferable and will be considered ro the extera feasible. B. The PROJECT areas listed 6elow have been idenEified as those where MC shall consult further regarding effects on historic properties as part of the design process. In these areas, all elements of the PROJECT design, including but not limited to, stations, platforms, shel[ers, ramps, walkways, tracks, poles, catenaries, public art, and acsocia[ed stree[scape improvements, will meet the Secretary of the Interior's Standard for Archaeology and Historic Preservation (SOI STANDARDS), taking into account the sugges�ed approaches to new construcdon in historic areas in the Secretap� of the /nterior's Standards for the Rehabilitation of Historic Properties (SOI REHASlLITATION STANDARDS). 1. Union De�ot Stazion area (from the Central Corridor LRT Operations and Maintenance Facility to Jackson Sveet). Historic properties in this area include the Lowertown Historic Disuict and the Union Depot. In addition to general design compatibility of project elements in this area, consulEation will address potential impacts on the Union DepoP s approach and relationship to associated streetscaping, landscape, and principal interior spaces of the headhoase; any easements ro facilitate associated streetscaping and landscaping will include provisions to protect the historic character of the azeas covered. 2. 4th Street Stateon area (block bounded by 4 Street, Cedar Street, 5' S[reet and Minnesota Street). Historic propenies in this area include [he SL Pau] Athletic Club, the First Nationa] Bank Buitding, the Minnesota Buildmg, and the St. Paul Urban Renewal Historic District. 3. lOth Street Station area (from 7i Street to 12"' Street}. His[oric properties in this area include St. Louis King of France Catholic Church and rectory, Central Presbyterian Church, Shubert (Fitzgerald) Theatre, St. Agatha's Conservatory (Exchange Building), and Cedar Avenue lawn panels that contribute [o the State Capito] Historic Distric[. In addition to generat design compatibility of project elements in this area, consultation wi11 address potential impacts on access to St. Louis King of France Church and to Centrai Presbyterian Church (also see Section IV for vibration issues). 4. Rice Sveet Station/State Ca�tol area (from I4'� Stree[ to Mazion Street). Hisroric properties in this area include the State Capitol Hisroric District (including the State Capitol, Powet Plan[, and �— Leif Erickson Park), the Ford Motor Company Building, and the Norwegian Evangelical Lutheran Church {Christ Lutheran Charch) {also see Section IV for vibration and noise issaes). 5. SnellinP Avenue Station area (from Asbury Street to Snelling Avenue). Historic properties include the Quaiity Park Inves[ment Company Building (Midway Books). Progammatic Agreement 7une 15, 2009 Central Corridor Light Rail Transit Project page 3 of 18 09-785 6. Fairview Avenue Station area (from Fairview Avenue to Lynnhurst Avenue). Historic properties in this area inctude the Krank Building; Porky's Drive-In Restaurant; and the Griggs, Cooper, and Company Sanitary Food Manufacroring Plant. 7. Ravmond Avenue Station area (frorn Pillsbury Street to Highway 280}. Historic properties in this area include the University-Raymoad Avenue Historic District (also see Section IV for parking and Vaffic issues). $. Prospect Park area (from Westgate Station to the 29�' Avenue Station) Historic properties include KSTP Productian Smdies and Transmission Tower, the Prospect Pazk Residential Historic bistrict and The Prospect Park Water Tower/Tower Hiil Fazk (also see Section VI for parking and traffic issues). 9. East Bank Station area (from Oak Sveet to the Mississippi River). Historic propetties in this area include the University of Minnesota Mall Historic IIistrict, the University of Minnesota Old CamQus Historic District, Easi River Parkway, the Wachington Avenue Bridge {including buildings/structures builVdesigned as par[ of the bridge approaches on boih banks), the Mines Experiment Station Building, Grace Lvtheran Church, and Pioneer Hall {see Section VI for pazking and traffic issues). ] 0. West Bank Station area (from the Mississippi River to I-35W). Hisioric properties include the Washington Avenue $ridge (including buildings ! scructures built / designed as part of the bridge approaches on both banks) and Fire Station G/Engine House No. 5(Mixed Blood Theatre). 11. Traction Power Substations. The following vaction power substations are proximate to historic properties: TPSS 13f 14, TPSS 12, TPSS I 1, TPSS 08, TPSS O5, and TPSS 02. 12. Siena] Bun¢alows. The following signal bungalows are proximate to historic groperties: UNI, AVO, RMT, WAX, W$I, and SPY. 13. Poles and Catenaries proximate to histaric properties (see Attachment A ro tUis AGREEMENT) chroughout the project. ' 14. Associated streetscaoine proximate to historic properties (see Attachment A to this AGREEMENT) throughout the praject. C. MC wil] develop the PROJECT design €or these areas in close consultation with MnSHPO and with other consulting parties (Preservation Aliiance of Minnesota, St. Paul Heritage Praservation Commission, Historic St. Paul, the Prospect Park and Eas[ River Road ImprovemenE Association, SL Louis King of France Church, and Cen[ral Presbyterian Church) and other local and state agencies. Consultation will occur [hroughout the design process so that historic values are inteo ated, incorporated and implemented into rhe project design. MC wi11 submit plans to MnSHPO and other consu)ting parties for review and comment at minimum at [he 30 and 60 percent comQlelion stages. A set of 30-percent complete plans wil! � be provided prior io the MC su6mitting application [o FI'A to enter into final design. A set of 60-gercent complete plans will be provided by December 31, 2009. All design consultation commitments, as detailed in this stipulation, will be complete prior to receipt of a full funding grant agreement (FFGA) &om the FTA (anticipated to occur in the ihird quarter of 20] 0). MnSHPO and other consulting garties will provide commenu to MC within 30 days of rueipt of the plans or MC may presume they have no comments. MC Programmatic Agreement June I5, 2009 Centra! Corridor Light Rail Transit Pro}ect page 4 of 18 09-785 shall ase the Cenval Corridor project Web site to inform signarones and consu(ting parties of the project schedule, milestones, and review deadlines so tfiat all parties are duly notified of the PROJECT design development and other reviews. D. MC will take into consideration arsy timely comments received in developing final designs for all PROJEC7' elemen[s in fiistoric areas. MC wi[I sabmit fina] designs to MnSHPO for review and wriiten concurrence regarding effects on historic properties and noufy consalting parties of the availability of the plans for review. All final designs will be submitted prior to receipt of a full funding grant agreement (FFGA) from the FTA (aaticipated to occur in the third quaner of 2010). MnSHPO shall have 30 days to provide commenu on final designs as submitted. Where MC is unable ro in[egrate the Mn5HP0's comments into final designs, MC shall provide a written explanation to MnSHPO and to FTA within 30- days of receipt of MnSHPO's written comments. E. If there are any portions of the PROJECT areas where it is not feasible [o reach a design that mee[s the SOI REHABILITATION STANDARDS, the praject impsovernents at issue wil] be coc�sidered ro have an adverse effeci, and mitigation measures will be developed and implemented in accordance with Stipulation IV of this AGREEMENT. F. If there are any porcions of the PROJECT areas whera it is not feasible [o reach a design that meets the MnSHPO's written comments based on factors other than the SOI REHABII.ITATION STANDARDS, FI'A, in consultation with MnSHPO, will make a determination on whether the project improvements at issue wi11 have an adverse effect and, if so, mitigation measures wil] be developed and implemented in accordance witfi Stiputation IV of this AGREEMENT. IL DESIGN OF FUTURE STATIONS AT HAMLINE, VICTORIA AND WESTERN A. The PROJECT will include all below-grade infrastrucmre to facilitate fumre construction of LRT stations af Hamline Avenue, Victoria Sveet, and Westem Avenue in the City of St. Paul, but no detailed station design or construction for these locations wi]] be completed as patt of this PROJECT. B. IF funding becomes available to design and construct stations at Hamline Avenue, Victoria Street, andlor Western Avenue during the duration of this AGREEMENT, MC will consult with MnSHPO and other consulting parties according to the process set forth in Stipula[ion I.C. of this AGREEMENT. Consultation will occur throoghout the design process to allow PROJEC'T designers ro effectively iniegrate historic values inro the PROJECT design. C. MC shall submit final designs for any of these stations [o MnSHPO for review and writ[en concurrence regarding effects on historic properties. MnSHPO shail have 30 days ro provide comments on fina] designs as submitted. Where MC is unable to integrate the MnS}IPO's comments into fina] designs, MC shall provide a written explanation to MnSHPO and FTA within 30-days of receipt of MnSHPO's written comments. � D. If any of these designs fail to meet the suggested approaches to new construction in historic areas in the SOI STANDARDS, the project will be considere� to have an adverse eFfect, and mitigatioo measures will be developed and implemented in accordance wixh Stipulation IV of this AGREEMENT. Programmatic Agreement June ]5, 2009 Central Corridor Light Rail Transit Project page 5 oF 18 09-785 S. If there are any portions of the PR03ECT areas where ii is not feasible to reach a design that meets the MnSHPO's wriiten comments based on factors otkier than SOl STANDARDS, FfA, in wnsultation with MnSHPO, will make a determination on whether the project improvements at issue will have an adverse effect and, if so, mifigation measures will 6e developed and implemented in accordance with S[igulation fV of ihis AGREEMENT. F. If federal funding for any or alt of these stations shatl be secured folIowing the expiration of this AGREEIvIENT, MC shail request an amendmeni to the AGREEMENT in accordance with Stipalation XVIl or conduc[ an individual Section 106 review that recognizes the relationship of the futare stations ro this original PRO.tECT. III. ARCHAEOLOGY A. The MC will ensure that a qualified historical azchaeologist (meeting the Secretary of the ]nterior's Professional Qua[i5cauons Standards (36 CFR 61)) manitors excavation along 4`" Street in downtown St. Paul to ascertain whether all or portions of early cable car infrastrucrure (the cable condui[) remain. If this feature does remain, the MC will ensure thai it is documented through photogrnphs, measured drawings, and descriptive text. Fotlowing documentation, the MC will work with the Minnesota Streetcar Museum to determine whether any cable car system componen[s caa be salvaged for potential interpretive use by the museum. B. MC agrees that where curadon is required, the cost of curation shall be bome by the PROJECT. If required, MC wil[ work with MnSHPO to identify a repository for curation that shall meet federal repository standards established under 36 CFR Part 79.9. and as outlined on the MHS web site: htro'(/www.mnhs or�/collectionslarchaeolog�curation.htm. C. Any archaeologcal work and documentation will be in accordance with the Secretary of the Intenor's Guidelines for Archaeological Documentation and carried out vnder the direct supervision of an individual meeting the Secretary of the lnterior's Professional Qualificaiions Standards for archaeology. (See Attachment C to this ageement for a copy of the Archaeotogical lnvestigatian Plan for the Cerztra! Corridor LRT Prnject, February 2, 2004, which was developed in consultation with MnSHPO.} D. Any cul[ural or arehaeotogical materials discovered would be handled pursuant io measures established in Stipulation XIR of this AGREEMENT. IV. RESOLUTION OR ADVERSE EFFECTS A In any instance where the final design of PROJEGT components does not meet the SOi REHABILITATiON STANDARDS, or if, io consultation with MnSHPO, FfA and MC determine it is not practicable Fo avoid other ac3verse effects, MC witl consult with MnSHPO and other consulting par[ies to �- develop a mitigarion plan appropriate to ihe hisroric property and type and degree of ef€eci. B. MC sha11 notify consulting parties to this AGREEMENT when a mitigation plan wi1S be prepazed pursuant to this stipulation. The mitigation plan shalI be developed wi[hin 60 calendaz days of such notification. If more time is required to develop the mitigation plan, MC will notify consulting parties to this AGREEMENT reaarding the reason for the delay and the anticipated timeframe for mitigation plan Programmatic Agreement ' Jane I5, 2009 Ce�tral Corridor Light Rail Transit Project page b of 18 09-785 distribution. MC will provide a copy of the drafr mitigation plan to consulting parties for a 30-day comment period during which consulting parties may provide written comments to MC. C. NIC agrees to take into account any timely comments of consulting parties in the developmenE of Fina! mitigation plans. A mit9gation pian will be fina! upon acceptance by FI'A and Mn5HP0. Consulting parties wiil receive capies of all final mitigation plans and may also be invited to concur in mitigation plans. V. NOISE AND VIBRA'TION ASSESSMENT AND MIITGATION A. The MC will develop and implement a historic properties Vibration and Noise Management and Remediation Plan (VNMRP) ro address issues �elated to vibrations and noise caused during LRT conswction and operations. The VNMRP will be developed in consultation with parties to this AGREEMENF consistent with procedures stipulated in Subpazagraph E of this stipulation. l. Pre-consvuction survev. The VNMRP will develop a schedule and methodology for a pre- construc[ion survey of all historic properties within fifty feet of the PROJEC.1' track alignment (including comributing propenies in historic districts). This survey will provide a baseline of existing structura] conditions to facilitate later identification of any struc[ural and/or cosmetic damage caused by PROJECT construction. A post-conswction survey of all properties witl identify any changes from pre-cons[ruction condition and assess possible cause of these changes. The list of properties to be included in this survey foUows: � Fire Station G, Engine House 5 (Mixed Blaod Theatre) University of Minnesota Campus Mall Historic District Prospect Park Residential Historic District Universfty-Raymond Commercial Historic District KSTP Production Studios & Transmission Tower Fire Station No. 20 � Great Lakes Coal and Dock Company Office Building Krank Building (Iris Park Place) Porky's Drive-In Restaurani Griggs, Cooper & Company Sanitary Food Manufacturing Plant Quality Park investment Company Building St. Paul Casket Company Factory Brioschi-Minuiti Company Building Raths, Mills & Bell Company Building Fire Station No. 18 Owens Motor Company Building Minnesota Milk Company Building Programmatic Agreement Ceatral Corridor Ligh[ Rail Transit Project June15,2009 page 7 of ] 8 09-785 Ford Motor Company Building Norwegian Evangeiicaf Lutheran Church State CapRof Mall Historic District Minnesoia State Capitol Minnesota Historical Society Building State Capitol Power Plant Central Presbyterian Church St Louis, King of France Church and Rectory � St. Agatha's Conservatary of Music and Fine Arts St. Paui Athletic Club Minnesota Buitding St. Paul Urban Renewal Nistoric District Pioneer Press 8uildirtg First National Bank Building Endicott Building Lowertown Nistoric District St. Paul Union Depot including elevated railro2d track deck (determined eligible) 2. Vibration from PROIECT construction. The VNMRP will oudine a methodology for monitoring vibration during PROJECT construction a[ certain historic properties. It will specify thresholds for vibration during construction and wil] include details about the process, equipment (including crack-monitoring gauges), documen[ation standazds, and frequency of monitoring. Thresholds will be set using guidance from FTA. If dit'ferent thresholds are set, MC will submit to FTA docamentation to support a different threshold for FTA'3 review and approval. The following historic propenies will be monitored daring PROJECT conshuction: Lowenown Hiscoric District (contributing properties within 50 feet of ligltt rail track}; St. Paul Athleti¢ Club; Central Presbyterian Church; St, Agatha's Conservatory of Music and Fine Arts; Church of St. Louis, King of France and Rectory; Minnesota State Capitol; Norwegian Evangelical Lutheran Church; and University of Minnesota Campus Mal] Historic District. 3. Groundborne Noise from PROJECT ocerations. The VNMRP will document special PROJECT design features (including aspects of ttie track bed} incorporated to mitigate groundborne noise neaz cenain historic properties. It will also include a methodology fos monitoring ihe effectiveness of those measures after the PROJECT has been pvt into opera[ion. �- The following historic properties aze adjacent to these PROJECT design features: Centtal Presbyterian Church; Church of St Louis, King of France and Rectory; and KSTP Production Studios. 4. Airbome Noise from PR03ECT ooeratians. The VNMRP will document the specifie measures that wil! be included as part of the LRT s[andard operating procedures to redace andlor mitigate Programmatic Agreement June I5, 2009 Central Corridor Light Rail Transit Project _ page 8 of ] 8 09-785 airbome noise neaz historic properties. Measures to ensure adherence to these procedures will be included. These procedures wiU be developed for operations in the viciniry of Central Presbyterian Church, St. Louis, King of France Church, and any other historic properties idenvfied in the VNMRP. 5. The VNMItP will include provisions far timely reporting of the results of the pre-constr�ction survey and construction monitoring efforts to MnSF3P0 and owners of historic properties. It will also include a process to notify MC of any observed vibration or noise eifects on the above- referenced properiies and, if problems are identified, identify sgecific provisions to address those problems (including, but not }imited to, cessation of construction activity, repair of damage, and other appropriate,measures). C. Ail owners of historic properties will be consulted regarding [he provisions of the VNMRP. This consultation will provide infl,rmation on die purpose of, and process for completing, the pre-construction survey and other work under the plan, and the process for substantiating damages and for seeking remediation for substantiated damage claims should damage result from construction or operntions of the PROJECT. Any agreements with owners of historic properties [ha[ contain provisions related to vibration or noise issues will be consistent with the provisions of the VNMRP. Copies of such agreements will be made a part of the VNMRP and/or forwarded to MnSHPO. D. The team preparing the VAPNIRP wiil include a historian or architecmra3 historian meeting the Secretary of the Interior's Professional Qualifica[ions Standazds. E. The VNMRP will be developed by the MC in consultation with MnSHPO and the draft plan will be submi[ted [o MnSHPO and other consulting parties for a 30-day review and comment period. The MC shall consider all comments received in a[imely fashion prior to issuing a final report. FCA will approve the Final VNMRP. The final plan wili be submitted to MnSAPO for concurrence regarding effects on historic properties by December 31, 2009. VI. PARKING ANA TRAFFIC A. The closure of Washington Avenue ?o au[omobile traffic on Ihe $as� Bank of the University of Minnesota will cause changes to traffic pattems within and adjacei3t to the following historic properties: University of Minnesota Old Campus Historic District, the Universiry of Minnesota Campus Mall Historic District, the Grand Rounds Parkway System (East River Parkway), Pioneer Hall, Grace Lutheran Church, and the Prospect Park Residential Historic Dis[rict. 1. Changes to the street system (incEuding new ]anes, signals, widening, signage, and other modifications} that will be installed as part of PROJECI' construction will be reviewed under the provisions oS Stipulation I of this AGREEMENT. �- 2. Previous studies completed by [he MC indicate that traffic modifications to be installed dwing PROJECI' cons[ruction are projected to adequately accommodate forecasted traffic volumes. To assess ac[ual E�affic volumes and to address any petential effects to the above historic properties from any needed additional modifications, MC wi'1 conduct a traffic monitoring smdy. a. The study will measure actual traffic ��olumes at selected locations within and adjacent to the above-referenced historic prop: Ries, at specified time intervals between [he Programma[ic Agreement June 15, 2009 Central Corridor Light Rail Transit Project page 9 of 18 09-785 closing of Washington Avenue during PRQJECT consuuction until one year after the beginning of revenue-service operaEions of Fhe PROIECT. b. The study will assess effects (as deFined in 36CFR 800.5) of traffic volumes on the above-referenced historic properties, including effects from the Iraffic itself as well as potentia[ effects from any addiuonal tra�c control measures needed to address increased volumes. The study will recomrnend ways to avoid or reduce adverse effec[s, including design of any needed new control measures to SOI REHABII,ITAT'fON STANDARDS andJor consideration of aiternative control measures. When avoidance of adverse effec[s is not feasible, MC will develop and implement mitiga[ion measures. The roles of various parties (including the MC) will be clearly delineated. a The MC will devetop a scope of work for the [raffit monitoring smdy outlined in A and B above in consultauon wi[h the MnSHPO, the Universiry of Mittnesota, other consulting pazties, and other lceal and state agencies. The scope of work will inctude identifying tasks, deliverables, and a schedule for implementation. Special consideration will be given to ensuring tha! tasks, especially the scheduling of traffic counts, will minimize disruptions to Universiry of Minnesota campus activides and reflect tra�c patterns at a time when classes are in session. The scope of work with be shazed with MnSHPO, the University of Minnesota and o[her consulting parties for a 30-day review and comment period.'fhe MC shall consider aEl comments received in a prior to completing a final scope of work. d. 77te team completing the smdy will include a His[orian or Architectural Historian who mee[s the Secretary of the Interior's Professional Qualifications Standards. The final study will be submitted to MnSNPO for a 30-day review and request for concurrence regarding effects on historic properties. $. The loca[ion of a PROJECT staiion near ttte Prospecl Park Historic District has the potential to adversely affect the disuict [hroagh an increase in the number of vehicles parked in the district. To assess the actual increase in parking and address any resulting potential adverse effects to the disirict, MC will complete a parking smdy. l. The smdy will measure the number of vehicles pazked in the historic district by non-resident drivers. The assessment will be done approximately one year after the beginning of revenue- service operations of the PR03ECT. 2. The sfudy will assess effec[s, including cumula[ive effects of any increased parking volumes on the historic district, including but not limited to effec[s on the livability of the neighborhaod, which could lead to devaluation and neglect. Recommended measures will be developed Eo avoid or reduce adverse effects; when avoidance of adverse effects is not feasible, MC will develop and implement mitigation measures in consultation with MnSHPO and other consul[ing parties. 3. The study will be developed in consultation with MnSHPO, the Prospect Park East River Road �,,, - Improvement Association, o[her consulting parties to this AGREEMENT and other agencies who may have a role in implementing the recommended measures. The team completing the study will include a Historian or Architectural Historian who meets the Secretary of the Interior's Profess+onal Qnalifications Srandards. The final study will be submitted to MnSHPO for 30-day review and concurrence regarding effects on historic properties. Programma[ic Agreemeni June 15, 2009 Central Corridor Light Rail Transit Project page 10 of 18 09-785 C. The removal of a substantial amount of on-street parking on iJniversity Avenue has the potential to adversely affect commereial historic properties in the Uaiversiry-Raymond Historic Distric[ and severx] individuat commercial historic properties located along University Avenue. 1. In paRnership with the City of St. Paui, MC has developed the report °Mitigating the Loss of Pazking in [he Centra] Corridor" (April 2009) (Report). The Report identifies strategies and responses for implementation by the City of St. Paul to address parking loss on University Avenve. 2. The MC wi11 support the City of St. Paul in implementing strategies identified [o address pazking issues in the University-Raymond Commercial His[oric Distric�, incl�ding identifying sources of potential funding, providing staff support for writing grant applications, and administering grants received, if appropriate. In addition, MC will support the City of St. Paul in implementing measures recommended in the Repon, including providing MC staff support for public outreach and information efforts and conducting workshops on parking for critical areas (as identified in the Report) along Universiry Avenue. VIL RECORDATION OF 360 CEDAR STREET AND REDEVELOPMENT DES[GN GTJIDELINES A. MC shall demolish the Midwest Federal Building (aka First Federal Savings and Loan) at 360 Cedar SVeet, a contributing element of the St. Paul Urban Renewal His[oric District, as part of the PROJECT. Prior to demolition, MC will record ihis btiilding to the standards of the Minnesota Historic Property Record. The documentation will be completed in consultation with MnSHPO, and will be submitted to MnSHPO for review and approval before demoli[ion activities aze initiated. B. MC will develop design guidetines for fuCUre development of the site of the block bounded by Cedar, 4"', 5'" and Minnesota sueets. These guidelines will establish parameters for new construc[ion, consisten� with the SOI STANDARDS, with reference to the St. Pau1 Athletic Club, the First Na[ional Bank $uilding, the Minnesota Budding, and the St. Pau] Urban Renewal Historic District. MC will consult with the Ciry of St. Paul, the Saint Paul Heritage Preservation Commission, and the MnSHPO to draft the guidelines. MC will submit the guidelines ro MnSHPO for review and concurrence. ' C. If design guidelines are completed prior to adoption of the 4 and Cedar Streets Station Area Master Plan being prepared by [he Ciry of St. Pau1, the guidelines will be integrated inro �he Master Plan. ]f completed after the adop[ion of this Plan, the MC shall propose to the City of St. Paul that the Plan be amended to inc]ude the design guidelines. Development of this block will be guided by the Station Area Master Plan and approved by the City of S[. Paul. VIII. NATIONAL REGISTER NOMINATION FORMS �— " A. MC will prepare National Regis[er nomination forms, in conformance with [he guidelines of the Nationat Park Service and MnSHPO, for the foliowing historic properties located along the project corridor: First Na[ional Bank Building; S[. Paul Athletic Club; SL Louis King of France Church and Rectory; Norwegian Evaagelical Lutharan Church; Ford Motor Company Building; Minnesota Milk Company Building; Qwens Motor Company Building; Fire Station No. 18; Brioschi-Minv[i Compaay Building; Raths, Mills, Bell and Programmatic Agreement 7une 15, 2Q09 Central Corridor Light Rail Transit Project page 1 I of 18 DI�►E;�� Company Building; St. Paul Casket Company Factory; Quality Park Investment Company Building; Griggs, Cooper & Company Sanitary Food Manufactaring Plant; Porky's Drive-In Restaitrant; Great Lakes Coal and Dock Company Buifding; Fire Station No. 20; KSTP Production Studios and Transmission Tower, Uttiversity of Minnesota Mall Historic District; Pioneer Hall; Mines Experiment Station Buiiding, Washington Avenue Bridge; Fire Station G; and Minnesota Linseed Oi] & Paint Company Building. B. The nomination fortns will be compieted in consuitation with MnSHPO, and witi be submitted to MnSHPO for review and concurrence regarding effects on historic properties. MC will complete ail nomination forms before the Central Corridor LRT line begins revenue service operations. C. Acma1 nomination of these properties to [he Nationa3 Register of Historic Ptaces will }�e at the discretion of MnSHPO and will follow ihe established procedures of the National Park Service {36 CFR Pan 60). PropeRy owners will be given the opportunity ro object ro nominations in accordance with 36 CFR Part 6(}.6(g). D. Listing of historic properties in the NationaJ Register would enable the owners and developers of these properties to access certain financial incentives for preservation, including the federal preservation tax incentives. MC will encourage historic rehabilitation of the properties as part of the development of station areas and the project as a whole through the educational effort in Stipufation IX.B. IX. PUBLIC EBUCATION A. MC will develop an educational Field Guide of the historic progerties (including historic districts) along the Central Corridor line. The Field Guide will highlight the historic properties identifsed in Attachment A of this AGREEMENT, as well as those loca[ed along the poriion of the Centml Corridor line which pazallels the Hiawatha Line in downtown Minneapolis. The Field Guide will 8e developed in consultazion with MnSHPO and other consulting parties, and the fina] draft will be submi[ted to MnSHPO for review and concurrence. MC will make the Field Guide available to the public in both print and electronic formats. The Field Guide will be completed and avaitable before the Central Corridor LRT line begins revenue service operations. B. In consultation with MnSHPO and arher consulting parties, MC wi11 develop and implement an educational effort to encourage the rehabilitation of historic properties located along the Central Corridor line. This effort will include an information packet with information about proper rehabilitation practices and financial resources as well as the benefits of pursuing National Regisier lis[ing for eligible properties. it will atso include individual consultations with owners of historic proper[ies aad/or p�blic warkshops, as appropriate. At the conclusion of the consultations and workshops, MC will submit a report on the efFort to MnSHPO and o[her consulting parties. G The MC wi11 develop a scope of work for the public education tasks in A and B above in consultafion with the MnSHPO prior to the initiation of major project constntction activities {defrned as installation of �- LAT tracks, stauons, catenary poles, traction power substafton, signal bungalows and other major LRT system components). The scope of work will include an oadine of the specific tasks to be carried ou[ and products to be delivered as a part of the public educauon effort, a timeline for ihe completion of all tasks in relationship to the PROJECT development schedale, and a distribution ptan. Programma[ic Agreement June 15, 2009 Central Corridor Light Rail Transit Project page 12 of 18 09-785 D. All public education efforts, in this Stiputation will be complete before the Centra! Corridor LRT Line begins revenue service operations. X. PUBLIC INFORMATION AND INVOLVEMENT A. The MC will make informatioa available to the public about the activities stipulated in this AGREEMENT consis[ent with procedures in the Central Cosridor LRT Communication and Public Involvement Strategic Plan and will include, at a minimum, posting of materials on the Central Corridor project Web site. B. During implementation of the measures stipulnted in this AGREEMENT, should a member of [he public raise an objection pertaining ro th'ts AGREEMENT or the effec[ of any activity on hisroric properties, MC shall notify the patties to this AGREEMENT and take the ob}ection into accaunt, consult with the objector and, should the objector so request, consult with any of the panies to this AGREEMENT to resoive [he objection. XJ. PROTECTION MEASORES A. Before major PROJECT construction begins (defined as installation of LRT tracks, stations, catenary poles, traction power substation, signal bungalows and other major LRT system components), MC shall develop a construcuon protection plan in consultation wiih FTA, MnSHPO, nnd other consulting parties as appropriate detailing all measures [o protect historic properties from physical damage or indirect adverse effects during the construction of the PROJECT. ]dentified protection measures shall be clearly idenufied in cons[tuction documents. MC will include the construction protection plan within specific contract packages to inform contractors of their responsibilities relative to historic proQerties. Copies of the construction protection plan will also be provided co the consulting parcies of this AGREEMENT. The cons[ruction protection plan will consist of the following: 1. Inspection and documen[ation of existing conditions at the historic properties adjacent [o PROJECT cons[ruction activities 2. Establishment of protection measures and procedures 3. Any documentation and protection measures containe8 within the vibr�tion monitoring plan developed pursuam to Stipulation V. B. Before PROJECT constrvction begins, MC sha11 meet with the construction eomractor to review the construcvon protection plan and ensure [hat construction plans �'e consistent with the PROJECT design as reviewed by MnSHPO. D. MC will monitor PROJECT consvuctioa to ensure that the measures in the construction protection plan are implemented and shall provide a record of monitoring act+vi[ies in the qu�rtedy reports prepared pursuant to Stipulation XIV. �� XII. PROJECT MODIFICATIONS A. FI'A and MC shall not make substantial changes to the PROJECT, defined as activities that coutd result in adverse effects to historic properties, such as changing LRT track alignment, changing the location af Programmatic Agreement lune i5, 2009 Ceatra] Corridor Light Rail Traosit Project page 13 of 18 09-785 associa[ed project infrastrucmre such as traction power substations and signal bungalows, and substanteally changing components of design svch as caienary pole type and station design wmponents, withoat 5rst affording the parties to this AGREEMENT the opportunity to review the proposed change and to detertnine whether amendments to the AGREEMENT are required, based on the proposed changes. Should changes be proposed to the PROIECT after consultation has been completed, MC shall submit revised project drawings to the MnSFIPO. Prior io ioitiation of major projec[ constnaction, this review grocess shatl take place consisteni with the design teview procedures and processes as described in S[iputation I of this AGREEMENT. If occurring during major project construction, [he review process shall iake place consistent wiih the requirements of project constructiao and 'en svch a manner to minimize coostruction delay. ConsullaEion on such changes shalt occur in accordance with the steps identified in Stipulation I of this AGREEMENT. XIII. DISCOVERY A. A plan for the unexpected discovery of archaeoloaical remains entided Archaenlogical Givestigation P(an for the Central Cmridor LRT Projecr, February 2, 2009 was developed in consultation with MnSHPO and is included to this AGREEMENT as Attachment C. L If previously unidentified hisioric properties are discovered unexpectedly during cotistmction of the PROJECT, all ground�isturbing activities will cease in the area where any historic property is discovered as wetl as in the immediately adjacent area. The contractor will irnmediately notify MC and the MnDOT/CRU of the discovery and imglement interim measures to protect the diseovery from ]ooting and vandalism. The MnDOTlCRU wiil record, document, and provide an opinion on the Na[ional Register etigibility of the discovery ro FTA within seventy-iwo (72) hours of receipt of notification and will notify MnSHPO, ACHP, and other consulting parties, ineluding any Indian tribes that may attach religiovs and cultural significance to the property, of the discovery. 2. FI'A will have ten (10) business days following notification provided in accordance with Stipulation XFII.A. to determine [he National Register eligibility of the discovery after considering timely fiied views (received within seven (7) business days of notification) of the MnSHPO, MnDO71CRU, and other consulting parties. FTA may assume the newly discovered propeny ro be eligib{e for llte lVational Register for the purposes of Section ]06 pursuant ro 36 CFR 806J 3(c). 3. For properties determined eligible, the MnDOT/CRU, in consultation with the MnSHPO, MC, and the FTA, will design a plan for resolving adverse effects taking in[o account the nature of identified properties and the feasibility of resolving the adverse eFfects. Consulting parties will have forty-eight (48) hours ro provide their views on the proposed actions. FTA witl ensure that the timely filed recommendations of consulting parties are taken into account prior to granting approval of the measures that MC will implement ta resolve adverse effects. MC wi11 carry out the approved measures prior to resuming ground-dismrbing work in the area of discovery. �_ B. If any previously unidentified huatan remains aze encountered during PROJECT' construction, all �round-discurbing activities wit] cease in the area where such remains aze discovered as weU as in the immediately adjacent area. T'he conVacror will immedia[ely noiify appropriate law enforcement agencies in order to determine whether the site discovered is a crime scene. The conlractor will also noEify MnDOT/CRU of the discovery of human remains. MnDOT/CRU will immediately notify FTA of Ehe discovery. The FCA (with the assistance of ihe MnDOT/CAU) wi]! consatt with the Office of the State Programmatic Agreement Sune 15, 2009 Cenmal Corridor Light Rail Transit Project page 14 of 18 09-785 Archaeologist (OSA) and indian [ribes to develop treatment measures for the remains. In the evem that a detertnination is made that the remains are of Native American origin, treatment measures witl accord with the ACHP's Po[icy Staternent on the Treatmeni of Burinf Sites, Hummt Remains and Funerarv Objecls (February 23, ZOQ7). The MnDOT/CRU wi11 develop a[reatment plan in consalta[ion with the FfA, the OSA, the MnSHPO, and, if appropriate, the Minnesota Indian Affairs CounciJ (MIAC). Treatment measures will be consistent with the Minnesata Private Cemetedes Act (Minn. Stat. Sect. 307.08); the Native American Graves Protection and Repa[riation Act of 199Q as amended; and the Archaeological Resource Protection Act of 1979, as amended. FI'A will take into account the recommendaCions of consalting parties prior to granting approval of the plan. The FI'A will ensure that MC has fully implemented the terms of any treatment pian prior to allowing ground-disturbing work to proceed in ihe area of discovery. C. The IviC will include in appropriate conshuction contracts provisions to e�sure [hat the s[ipulations established above are carried out by the contractor. XIV. QUARTERLY REPORT QN AGREEMENT IMPLEMENTATION A. Begmning three months from the execution of this AGREEMENT, MC shall submit a quarterly report ro the signatories of the AGREEMEN7' detailing the meas'ures carried out pursuant to its terms. MC shall submit the quarterly reports vntil aU the terms of [he AGREEMENT have been satisfied. B. The quarterly report will item¢e all actions required to be taken by MC during [he preceding months [o implement the terms of this AGREEMENT, identify wha[ ac[ions MC has taken during the reporting period to impiement those actians, identify any problems or unexpected issues encountered during that time, any disputes and objections submitted or resolved, any changes recommended in implementation of the AGREEMENT, and any scheduling changes. The quarterly reports shall also include a timetable of activi[ies proposed for implementation within the following ffiree months. C. The signatories shall review the quarterly reports and provide any commen[s to FTA wiihin thirty (30} days of receipt of the report. D. MC shall no[ify consulting parties and the pu6lic about the publication of the quarterly reports and make those reports availabte for their inspection and review on the Central Corridor project Web site. MC shall share any comments received from consulting parties and the public with the signatories. E. At its own discretion or at the request of any signatory to [his AGREEMENI', MC shall convene a meeting to facititate review and comment on the semi-annual reports, and to resolve any questions about its content and/or to resolve objections. XV. STANDARDS �..- - A. Ail work camed out pursuant to this AGREEMENT will meet the Secretary of the ]nterior's Standazds for Archaeology and Histonc Preservation, taking into account the suggested approaches to new coastruction in his[oric areas in the SOI REHABILITATION STANDARDS. In instances where this is no[ feasible, mitiga[ion measures will be developecl pursuant to Stipulation N of [his AGREEMENT. Programmatic Agreemen[ June l5, 2009 Central Corridor Light Rail Transit Projec[ page 15 of 18 09-785 B. b2C shall ensure that ail work carried out pursaant to tiiis AGREEMfiNT will be done by or under the direci supervision of historic preservation professionals who meet the Secretary of the lnterior's Professional Qualifications Standards (36 CFR 61 Appendix A}. The MnDC}T/CRU, assisting in AGREEMENT implementaieon through the FTA, meets these siandards. FTA and MC shal] eosure that consultants retaiaed for services pursaant to the AGREEMENT shall meet these standards. XVI. DISPUTE RESOLiJTION A. Should any signatory to this AGREEMENT, ir+cluding any invited signatory, object at any time to any actions proposed or the manner in which the terms of this AGREEMENT are implecnented, FTA shalt consult with such party ro resolve the objection. FI'A consultation shall take place within l0 days of receipt of said objection aad shatl be documented in the form of ineeting notes andJor a written letter of response. It' FTA determines, within 3Q days of dceumenung consultation efforts with [he objecdng party that the objection cannot be resolved, FI'A shali: I. Forwazd all documentation relevant to the dispute, including the FI'A's proposed resolation, to ihe ACHP. The ACHP shall provide FCA with its advice on the resolution of [he objection within thirty (30} days of receiving adequate documentation. Prior to reaching a final decision on the dispure, F"TA shall prepare a written response that takes in[o account any advice or comments from the ACHP, signatories, and concurring parties, and provide them with a copy of this wriiten response. FI'A will then proceed according ro its final decision. 2. IF the ACHP does not provide its advice regarding the dispute within the thirty (30) day time period after receipt of adequate documentation, FTA may render a final decision regazding the dispute and proceed accordingly. In reaching its decision, FfA shall prepare a written response that takes into account any timely comments regarding the dispute from the signatories and conwrring parties to the AGREEMENT, and provide them and the ACHP with a copy of such written response. 3. FfA's responsibility to cazry out all other actions su6ject to the terms of this AGREEMENT that are not the su6ject of the dispu[e remains unchanged. , X V II. AMENDMENTS Any signatoq� or invited signatory to this AGREEMENT may rec�uest that it be amended, whereupon the signatories and consulting parties shall cons�slt to consider suc6 amendment. Any amendments shall he in writittg and signed by all signatories to be effective. XVIII. TERMINATION OF AGREEMENT �' Any signatory to this AGREEMEN'T may terminate it by providing thirty (3d) days notice to the other parties. The parties must consult with each other d�ring the notice period in an attempt to seek agreement on amendments or other actions thst would avoid temiination Ice the event of terminatioa, the FTA wiH comp{y with 36 CFR §§8003 through 800.13 with regard to ihe undeitaking covered by this AGREEMENT. Programmatic Agreement J�ne 15, 20D9 Central Corridor Light Rail Transit Project page 16 of I S 09-785 � XIX. DURA'TION OF AGREEMENT This AGREEMENT wiU tar�3zina[e l�ece+nber 3I, 2(l l5 or upon mutual agree3ncnt of the signarorics. Prior to such time, FTA may consult with the other signatories co reconsider the Ienns ot the AGREEMENT aEid revise, �ineitd, or extend it i3� nccordxnce with Stip�ilatEon XVIi. Execulion of ihis AGREEMF.NT and impfementatiaa of its terms is evideizce thai the F7'A has xfforded the ACHP a reasonable opportunity ta comment on the PROJEC7' and Ehat Ihe P7'A h1s [aken into accoum �he effects oPthc PROJECTon historic propenies. S1C.NA'I'ORII'sS: FEDERAL TRANSIT ADMIMSTRA"I'lON By:�h%I/u/�i /l���� Datc: 1°f (� - M�risol Simon, Rcgion V AdminisU'ator ADVISORY COUNCIL ON FllST'ORIC VRFSERVA7'30N sy:___<1�..�. - ����: � �¢ l�� .tohn M. Fowler, Exe ive Director MINNI-SOTA STA'CFi 3IISTOKIC PRESERVATION QFFIf.E $y U 1.C, A�, 2,l_.l'//lCY l�'V l�ate��,_�_ Nina Archabal, Siate Hisioric Yre;servation Officer Programmatic Agreement Cential Co�ridor Light Ra�l Transit Project June 15,2009 page 17 of 18 09-785 � INVLTED SIGNATORIFS: METROPO COUN g Dace: I b �Q�_ Weaver, egional Admints tor Programmatic Ageement Centra! Corridoe Light Rail Transit Project page 18 of 18 09-785 CONCURRING PARTIES: I concur with the Programmatic Agreement among the Federal Transit Administra[ion, the Advisory Council on Historic Preservation, the Minnesota State Historic Preservation Office and the Metropolitan Council regazding the Central Corridor Light Rail Transit project. PRESERVATION ALLIANCE OF MINNESOTA By: H�D�2�'Lt8 ��-y1G1�Y Da[e:, LE �_" UU� Bonnie McDonald, $xecutive Direc[or �` Programmaiic Agreement Central Corridor Light Rail Transit Project 09-785 I concur wiih the Programmatic Agreement among the Federal Transit Administratioo, Minnesota S[ate Historic Preservation Office, the Advisory Council on Historic Preservation and the Metropolitan Counci! regazding the CenTral Corridor Light Rail Transit project. PROSPECT PARK AND EAST RTVER ROAD IMPROVEMENT ASSOCIATION g �,C.�, '` Date: 6� �D� Richard Poppele, Presi ent � Programmatic Agreement Central Corcidor Light Rail Tnnsit Project 09-785 I wncur with [he Programmatic Agreement among the Federal Transit Admioistration, Minnesota State Hisroric Preservation Office, the Advisory Councii on Historic Preservation and the Metropolitan Counci] regarding Ehe Central Corridor Ligh[ Rai] Transit project. ..��,�. ...� i � � e g Date: Carol Carey, Executive Director � Programmatic Agreement Cen[tal Corridor Light Rail Transit Project 09-785 � I concur with the Programn3atic Agrecment among the Fedenl Tra�isit Administration, Minaie.iota Statc Historic Proservation Office, the Advisory Cowicil on Historic Preseivation and the Metropolitan Counci! regarding the Centr:�l Corridor Li�ht [tail Tra;isit project. ST. LOUiS KING OF FRAi3CE CHURCH ~ �orNl�w $y-� � Rr. Paul F. Morrisscy, Past r Date: � �� � _ Programmatic Agreeixmnt Central Corridnr Light Ruil Transit Project CI : � � 1 concur with the Programmatic Agteement among the Federal Transit Administration, Minnesora State Historic Preservafion Office, The Advisory Council on Historic Preservation and the Metropolitan Council regarding the Centcal Corridor Light Rail Transit pr�ject. CElVTRAL PRESBYTERIAN CHURCA � � ��� By: Je Jon , Fresident Date; {1�j` ��o Progremmatic Agreement Central Carridor Light Rail Trnnsit Project 09-785 I concur with the Programmatic Agreement among the Federal Transit Admiaistration, Minnesota State Historic Preservation Office, the Advisory Councif on Historic Preservation and the Metropolitan Council regarding the Centrat Corridor Ligi�t Rail Transit project. ST. PAUL HERTfAGE PRESERVATION COMMISSION John Manning, Chair � Programmatic Agreement Central Corridor Light Rail Transit Project 09-785 ATTACHMENT A Properties determined Eligible for or Listed on the National Register of Historic Piaces fnventory No. Property Name Address National Register Status HE-MPC-D6t 5 Minnesota Linseed Oil 1101 3rd St. S., Nipls Determined eligible 8 Paint Campany (1) Building (Valspar Building) HE-MPC-4636 Fire Station G, Engme ]501 4th St. S, Mpls �etermined efigible House 5 (1) (Mixed Blood Theatre) HE-MPG49�8 Washington Avenue Washington Ave. Determined eligibfe Bridge between Pleasant (3) St. SE and 21st Ave. 5., Mpls. Not Assigned East River Parkway Easf River Parkway, Coniributing to Mpis. eligible Grand RoundS (3) Historic District University of Minnesota U o( M Minneapolis Determined eiigible Campus Mall Hisloric Campus (1) (3) District HE-MPC-3046 UniversBy of Minnasola Listed (3) Old Campus Historic District (The Knoll) HE-MPC•3265 Mines Experiment 56 East River Road, Determined eligible Station 8uilding Minneapolis (3) HE-MPG3171 Pioneer Hall 615 Fulton St. SE, Determined eligible Minneapofis (3) HE-MPC3355 Grace Evangelical 324 Harvard St., SE Listed Lutheran Church Minneapolis Histonc District Prospect Park Vicinity of I-94, SE Determinad eligible Residential Historic Williams Ave, (2) (3) Disirict UniversityAveSE and Emerald St SE. Mpls HE-MPC-3052 Prospect Park Water 55 Matcolm Ave, Listed Listed with HE-MPG Tower Mpls 3177 and included in hi55oric district HE-MPC-3177 Tower Hill Park 55 Malcolm Ave, Listed listed with HE-AAPG 5t. Paul, Mpls 3052 and i�duded in historic district Attachment A — Progammatic Agreement Central Corridor Light Rail Transit Project 09-785 ATTACHM�NT A Properties Uetermined Eligible for or Listed on the National Register of Histo�ic Places )nventary No. Property Name Address National Register Stetus Historic District University-Raymond Along University Determined e{igibta Commerciai Historic Ave. W between (2); District Hampden and Certified local Cromwetl Aves, historic district St. Paul AA•SPC-6105 KSTP Productiort 34i5 UniversityAve, Determined eligible Studios 8 W., St. Paul (2) Transmission Tower RA-SPC-3931 Fire Station No. 20 2179 University Ave. Determined eligible W., SL Paul (2) RA-SPC•6103 Greet Lakes Coal and 2142 University Ave, Determined eligible Dock Company Office W. St. Paul (2) Building RA-SPC-6309 Minnesota Transfer Easi and wesl oi Dstermined Note: This item Raitway Company Cleveland and eligible (1) (2) (3) combined into a historic including Main Line, Transfer Raad, district with RA-S?G- yard A, University Ave. University Ave. 6310 bridge, round house and teads RA-SPC-6350 Minnesota Transfer Bridge over Determined eligible NoYe: This bridge Railway Company University Ave neaz (2) (3) combined into a hisloric University Avenue Prior St., St. Paul district wRh RA-SPG eridge 6309 RA-5?C-3927 Krank Building {Iris 1885 University, Listed Park Place) St. Paul RA-SPC-6102 Porky's Drive-In 1884 University Ave, Deiermined eiigible Restaurant W. Si. Paul (2J RA-SPC-3923 Griggs, Cooper & 1821 Universiiy Ave. �etermined eligible Company Saniiary W., St. Paul (2) Food Manufacturing Plant RA-SPC-3912 Quality Parh i577-1579 Determined efigible tnvestment Company University Ave. W., (2) (3} Building St. Paul RA-SPC-3903 St. Paut Casket 1222 University Ave, Determ+ned eligible Compa�y Factory W., St. Paul (2) RA-SPC-3895 $rioschi-Minuiti 908-9i0 University �etermined etigible Company Building Ave, W., St. Paul (2) Attachment A—Programmatic Agreement Centra! Corridor Light Rail Transit Project 09-785 ATTACHMENT A Properties Determined Eligible Sor or tisted on the National Register of Historic Places Inventary No. Property Neme Address National Register Status Not assigned Faths, Mills & Bell 823 University Ave. Determined eligible Company Building W., St. Paul (3} RA-SPC3887 Fire Station No. 18 681 University Ave. Determined eligib4e W., St. Paul (2) RA-SPC-3889 Owens Motor 709-719 University Determined eligible Company Buildirig Ave, W., St. Paul (2) FiA-SPC-3877 Minnasota Milk 370-376 University Oeterminetl eligible Company Buiiding Ave. W., St. Paul (2) (3) RA-SPC-3868 Ford Motor Company 117 University Ave, Determined eligible Building W., St. Paul (2) RA-SPC-3867 Norvve9ian Evangelical 105 University Ave. Determined eligibie Lutheran Church Nl., St Paul {2) RA-SPG5619 State Capitol Mall Universiry Ave and Determined eligible Historic District Roberl St., St. Paul (1) (2) (3) RA-SPG0229 Minnesota State 75 Constitutioo Ave, Listed Capitol St. Paul RA-SPG0557 Minnesota Historical 690 Cedar St, Listed 8ociety Building St. Paul RA-SPC-6109 State Capitol Power 691 Robert St„ Determined eligible Noie: also included m Plant St. Paul (2) historic district (RA- SPC-5619) RA-SPG0553 CenUal Presbylerian 500 Cedar St, Listed Church St. Paul RA-SPC-0554 Si. l.ouis, King o( 506 Cedar St., Oetermined eligibfe France Church and St. Paul (1 } Rectory RA-SPC-1200 St. Agaiha'S 26 Exchange St.. Listed Conservatory o( Music St. Paul and Fine Arts RA-SPG5452 Shuberl (Fitzgerald) 10 Exchange St. and Determined ellgible Theater 494 Wabasha Street St. Paul RA-SPG0550 St. Paul Athletic Club 340 Cedar St., Deiermined eligible St. Paul {1) (3) RA-SPC-5222 Minnesota Building 46 E. 4th St., Determined eligible St. PaW (�) (3) Historic District St. Paul Urban Approximately Determined eligibie Attachment A — Programmadc Agreement Central Corridor I.ight 12ai1 Transit Praject �iz�;� ATTACHMENT A Properties Determined Eligible for or �isted on the Natianal Register ot Histcric Places Inventory Na. Property Name Address National Register Status Renewal Wabasha, Kellogg, (3) Robert, and East 6th St., St. Paul RA-SPC-3167 PiOneer Press Building 336 Robert Si N, Listed St. Paul RA-SPC-4645 First Nationai Bank 107 E. 4th St, Determined eligible Building St. Paul (1) RA-SPC-5223 Endicott Buildrng 141 E. 4th Si, Listed St. Paul RA-SPG4560 Lowertown Historic Vicinity of Kellogg Listed (2) District Blvd 8, Jackson, 7th and Broadway Sts, St. Paul RA-SPC-5225 St. Paul Union Depot 214 E. 4th S[, Listed (3) Also incfuded in Including elevafed 51. Paul ZoweKOwn H+storic raifroad irack deck District (determined eligible) �°"'".... _...�:_�:_, e�_" i"� u r..r..."� n"'..�__ �_..__.:_�.:""�..� r__�r� n_"'�_. v��......, i no�n� 1995 Inc., 2 Property studied in_ Phase !! Architectural Nistory fnvesiigation for Ne P�opas� Cenfral Transrt Conidor Stutly, The 706 Group, Inc. 2003-2004 3 Property studied in: Supplemental Historic Properties /nves6gations and Evatuatrons fw the Cenhal Corridor Lighf Rait Transif Prqect, Hess, Aoise and Company. 2008 Attachment A — Proo�i-dmmatic Agreement Central Corridor Light Rail Transit Project � U N �O L a F- � � L � � . L � U � � +� c a� U � � � w tfl � C a� � 0 a � � 1� N L Q tD 0 � c O � U � � 09-785 � � v � a � u � 'o a y � G7 3 � � � � N � � ¢ U � � c c G G � L p1 O � a F- � J L 0 � �L L � V �o L �..I � Qj U � m � � N � r u � � Q � 09-785 Archaeological Investigation Plan ror tne Centrai Corridor lRT Project February 2, 2009 The MnlDOT Cultural Resources Unii staff conducied documentary research and discussed their f'rndings with SHPO staH and two iocal experts on the Twin Cities streetcar system in December 2008. The parties agreed that the water, sewer and streetcar infrastructure beneath streets to De opened during LRT construction is targety understoocl. However, two areas of archaeological interest were identified. These are potantial remnants of Minneapolis' and Saint Paul's early wooden water mains systems and a metal conduit housing the cable that operated Saint Paul's early (1880s) cahie car system along 4'" Street. • All archaeological work and documentation will be carried out under the direct supervision of an individuaf ineeting the Secretary of the Interior's Professional Qualification Standards for a professional in historic archaeology (31 CFR 60). Eady Water Infrastructure Municipal records and Twin Cities' h+stories cSocumsnt a water mains system constructed of cast iron and cement, vitrified clay, and brick. Wood evas likely used io construct systems that predated record keeping; for example, in one known instance, along Washington Avenue in Minneapotis. Although background research did not indicaie any specific tocations where early wooden pipes are tikely to have been laid w�thin the LRT area of potential effect (APE), there is some limited potential for such feaiures to be preseni. • If wooden p'tpes are discovered during construction, the Nietropolitan Council (MC) wili ensure that ths procedures outlined in Stipulation XI.A oi the MOA are implemented. Earfv Cable Car InfrastruCture - 4'" Sireet The cable ihat operated cars along 4 Street was housed beneath the surface of the street in a cast-iron collar or within a series o( cast-iron yokes. Tha conduiF system was likely located down the center of the street and may have been enclosed in brick or concrete. The MC is currently planning to begin lRT related work along 4"' Street during 2009. The MC will ensure ihai a qualified historical archaeologist {Secretary of the Inlerior's Standards 36 CFR 6i) monitors excavatior� along 4'" Street to ascertain whether all or portions oi the cable conduit remain. If this feature does remain, ihe MC wiil ensure that it is documented through photographs, measured drawings, and descriptive texi. Following documentaiion, the MC will work wiih the Minnesota Streetcar Museum to determine whether any cable car system components can be salvaged for potentiai interpretive use by the museum. Attachment C— Programmatic Agreement February 2, 2009 Central Comdor Light Rail Transit Project 09-785 Al1 Other Areas • Deepsr LRT constructian excavatian will occur within areas that havs historically been streets. Beyond the 4'" Street cable car conduit and the possibiliiy for remnartts of early wooden pipes, there is no basis to anticipate archaeological resources directiy associated with anything other than wett-documenied transportation activities and utility construciion. Materials that are likely to be encountered but are not of archaeoloaicat interest include: • Remnants of the old streetcar tracks and pavers • Remnants of clay, cast iron, concrete or steel pipes • Artifacts scatteTed in fiil or occasional isolated artifacts (e.g., bricks, bottles, broken dishes, coal cinders, nails, pieces of fumber, eic.j • It is possible, aithough nat likety, that constructian excavation will encounter /eatures or materials that are of archaeoloaical interest. Ii any of the materiais below are discovered during construction, the MC will ensure that the proeedures outlined in Stipulaiion XI.A of the MOA are implemeniad. • Wooden water main pipes (as discussed above} • Potentially ancient objects (e.g., stone paints, pottery, animal or human bones), although, it is not like{y thai any of these survive beneath the modern roadway and fiif Attachment C- Programmatic Agreement February 2, 2009 Cenval Corridor Light Rail Transit Project