HomeMy WebLinkAboutR-91-0044J-91-33
1/10/91
RESOLUTION NO.91 _. 44
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT IN
SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH THE
FEDERAL BUREAU OF PRISONS, FLORIDA STATE HISTORIC
PRESERVATION OFFICER, AND ADVISORY COUNCIL ON HISTORIC
PRESERVATION, AUTHORIZING THE CITY'S PARTICIPATION IN
THE FEDERAL HISTORIC PRESERVATION REVIEW PROCESS FOR
THE PROPOSED METROPOLITAN DETENTION CENTER.
WHEREAS, the Department of Justice, Federal Bureau of Prisons proposes
the construction of a Metropolitan Detention Center in Downtown Miami; and
WHEREAS, the construction of the Metropolitan Detention Center will have
an effect upon the Chaille Block and the United States Post Office and
Courthouse, properties which have been designated as Heritage Conservation
Districts by the City of Miami and are listed in or eligible for listing in
the National Register of Historic Places; and
WHEREAS, the Federal Bureau of Prisons has consulted with the Florida
State Historic Preservation Officer and the Advisory Council on Historic
Preservation pursuant to Section 106 of the National Historic Preservation Act
of 1966, as amended; and
WHEREAS, the City of Miami Administration and the Heritage Conservation
Board have participated in the consultation and the City has been invited to
concur in a Memorandum of Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
Is 0131 ILIT
Section 1. The City Manager is hereby authorized to execute a Memorandum
of Agreement,16 substantially the form attached hereto, with the Federal
Bureau of Prisons, Florida State Historic Preservation Officer, and Advisory
Council on Historic Preservation, authorizing the City's participation in the
i
Federal historic preservation review process for the proposed Metropolitan
Detention Center.
! 1/ The herein authorization is further subject to compliance with all
requirements that may be imposed by the City Attorney, including
but not limited to those prescribed by applicable City Charter
and Code provisions.
CITY COMMLSSION
MEETING OF
F
�j
Section 2. This Resolution shall become effective immediately upon its
adoption.
PASSED AND ADOPTED this loth day of
PREPARED AND APPROVED BY:
f
/7
ASSISTANT C ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
S'
CITY ATTORNE
January , 1991.
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TALLAIEE-4
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SE, BY�HISTORICAL RESOURCES -27-90 �11:32AM
90 DEC 21 Am 11. 31
FLORIDA'DEPARTMENT OF ESTATE ,,,�
State
tary of Sere
DIVISION OP HISTORICAL RESOURCES
R.A. Gray Building
Tallahassee, Florida 32399-0250
(904) 488.1480
December 27, 1990
Cedar H. Odic
City Manager
Post Office Box 330708
Miami, FL 33133
RE:, Memorandum of Agreement
Miami Metropolitan Detention center
Dade County, Florida
Dear Mr. Odio:.,
Please execute the enclosed Memorandum of Agreement as soon
as possible, and -forward the signed document to Mir. Ralston
Cox at the Advisory Council on historic preservation. His
address is as follows,:
The old Post Office Building, #809
1100 Pennsylvania Avenue, N.W.
Washington, D.C. 20004
Once it has been signed by the Council,, Mr. Cox will provide
copies to all signatories. If you have any questions,
please do not hesitate to call or write.
Sincerely,
eorge W. Per y,
State Historic Preservation Officer
GWP/elj
Enclosure (1)'
xc: Ralston Cox
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SENT tY:HISTORICAL"RESOURCES , 1-27-90 ;11:33AM TALLAHA E4 ;# 3
Advisory
Council On
toric
Preservation
The Old Poat Ofoe Sutldin8
1100 Pennsylvania Avenue, NW, #809
Whshington, DC a000s
WHEREAS, the Departmeht of Justice, Vederal Bureau of
Prisons (FBOP) proposes the construction of a metropolitan
detention center (MDC) in Miami, Florida; and ,
WHEREAS, the construction of the Miami XDC will have an
effect upon the Chaille Buildings, located on -Block 78N,'City of
Miami (401-477 North Miami Avenue) and the United States Post
office and Courthouse, properties which are listed in, or
eligible for inclusion in, the National Register of.Historic
Places; and
WHEREAS, the FBOP has consulted with the Florida State
Historic Preservation Officer•(sHPo) and the Advisory Council on
Historic Preservation (Council) pursuant to 36 CPR Part 800, said
regulations implementing Section 106 of the National :Historic
Preservation Act of 1966, as amended (16 U.S.C. 470F)i and
WHEREAS, the City of Miami (City) and its Heritage
Conservation Board (Board) participated in the consultation and
the City has been invited to concur in this Memorandum of
Agreement (MOA) ;
NOW, THEREFORE, the FBOP, the Florida SHPO and the Council
agree that the MDC shall be constructed in accordance with the
following stipulations in order to satisfy the FAOP's Section 106
responsibilities for all individual undertakings which may occur
as the result of the construction of the Miami MDC.
,stipulations ;
FBOP shall ensure that the following measures are carried out:
1. Archaeological Resources
The FBOP has consulted with the Florida SHPO and the Metro -
Dade County archaeologist, and has determined that no National
Register eligible archaeological resources are present or doomed
likely to occur on the site of the Miami MDC. Nevertheless, it
is possible that potentially significant archaeological resources
may be discovered during construction or ground disturbance
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activities. Should such resources be discovered, activity within
a twenty --five (25) foot radius of the site of discovery of
potentially significant features shall be halted and the Florida
SHPO and the Metro -Dade County archaeologist shall be contacted
to determine an appropriate course of action. Until, the
significance of the discovered resources is established, its
disposition agreed upon and subsequently implemented, the FBOP
shall ensure that the site of discovery is not vandalized or in
any way disturbed.
II. Documentation
Prior to the construction of the Miami MDC, the FBOP shall
contact the Southeast Regional Office of the National Park
Service (NPS) (75 Spring Street SW, Atlanta, Georgia 30303) to
determine what level and kind of recordation is required for the
Chaille Buildings and the United States post Office and
Courthouse. Unless otherwise agreed to by the NPS and the
Florida SHPO, the PROP shall ensure that all documentation is
completed and accepted by the Historic American Buildings
Survey/Historic American Engineering Record Division of NPS prior
to the initiation of construction, and that copies of this
documentation are made available to the -Florida SHPO, the Board,
and any appropriate local archives designated by the SHPO.
III. Interim protection of the Chaille: Buildings
The FBOP shall ensure that the Chaille Buildings are
immediately secured and protected against any and all damage to
the fullest extent practicable until the measures agreed upon in
this MOA have been fully implemented. The FBOP shall ensure that
the buildings are maintained in a weathertight condition and are
fully secured against entry by unauthorized persons. In
addition, the FBOP shall consult with the Board and the Florida
SHPO to determine the character --defining elements of the.Chaille
Buildings which shall be incorporated into the design of the `.
Miami MDC and which shall be protected against any and all damage
throughout the construction and restoration process.
IV. MDC Design Considerations
purpose of Design Review
1. The design of the Miami MDC shall be developed in
consultation with the Florida SHPO and the City,
assisted by the Board, in order to take into account
the effect of the project on the Chaille Buildings and
the United states Post Office and Courthouse.
2. The FBOP shall ensure to the greatest extent
practicable and consistent with its mission that the
incorporation of the Chaille Buildings into the Miami
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MDC and the construction of a connecting bridge to the
new United States Courthouse building will be
compatible with the historic and architectural
qualities of the Chaille Buildings and the United
States Post Office and.,Courthouse.
3. The FBOP shall include design guidelines which
shall have the affect of requiring that the architect
ensure that the design shall be sensitive to adjacent
historic properties in exterior finish material, scale,
massing and setting, consistent with the recommended
approaches contained in the secretary of the
Interior's Stanrds for -Rehabilitation and- Guidelines
4. The design review process outlined below will
focus upon the design features, materials, orientation,
and connection point of the Miami MDC to the new United
States Courthouse building (adjacent to the United
States Post Office and Courthouse) as. well as the
design features, materials, set back, restoration, site
development and interface of the new construction with
the Chaille Buildings. It is understood that all
reasonable efforts shall be made by FBOP to identify
appropriate uses for the rehabilitated portions of the
Chaille Buildings which'will bring about the active use
of the historic storefront entrances and those spaces
immediately behind the entrances.
B. Project Review
I, (a) The FBOP shall provide architectural design
documents and other appropriate representations
for the Miami MDC to the Board and the Florida
SHPO for review at the following stages of project
design: completion of schematic design; �.
completion of design development; and 50%
construction documents, or on such a modified
review schedule as may be agreed upon by the FBOP,
the Florida*SHPO, and the Board.
(b) At each stage of projeot.design, the Florida
S�IFO and the Board shall have thirty days from the
date of receipt. of complete and adequate
documentation to provide comments to the. FBOP.
The Florida SHPo and the Board shall notify the
FBOP within three working days if they determine
that the documentation is hot adequate and
complete. FBOP shall coordinate closely with the
Board to determine the appropriate filing dates+
with the staff of the Board to ensure that the
thirty day time period will not -expire befora the
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next meeting of the Board. Timely comments shall,
be provided to the FBOP by the Board following a
public meeting of the Boardl timely comments of
the Florida SHPO shall be forwarded to the PBoP
following consideration of design review comments
from other partiest if appropriate.
(c) The Board and the Florida SHPO are encouraged
to provide their comments to the FBOP as
expeditiously as is practicable. In an effort to
allow the review process to proceed in a timely,
flexible manner, the Board shall establish a sub-
committee or working group of the Board which
shall be authorized to work with the FBOP to
discuss and develop appropriate responses to
design issues identified by the Board during the
design review process.. It is understood that
such a sub -committee or working group is formed
solely for the purpose of expediting the review
process, and that the review of such a sub-
committee or group shall not be interpreted to
imply the views of the Board or any other'
reviewing body..
2. The PBOP shall take into account all comments
provided by the Florida SHPO and the Board, and shall
notify the commenting agencies of the decisions
resulting therefrom.
3. If the comments submitted to the PROP recommend no
changes, or recommend changes which area fully.•
incorporated into revised documents by the FBOP, then
the proposed construction activities may proceed
without further consultation. However, if preservation
issues remain unresolved, then the consultation
process shall continue as outlined in IV.B.4, below, �
until the FBOP, the Florida SHPO and the Board agree
that the design review process has been completed.
4. If the reviewing parties raise historic
preservation related objections to proposed FBOP plans
'•�' submitted for review, then the FBOP, the Board, and the
Florida SHPO shall meet, as appropriate, in an'effort
to resolve the area of disputes any of these
consulting parties shall have the authority to invite
the Council to attend such a meeting. Should the FBOP,
the Florida SMPO and the Board be unable to resolve the
issue of dispute, then the matter will be referred to
tho Council for resolution pursuant to Stipulation v,
below.
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5. Following completion of the design review process
pursuant to the foregoing Stipulations, any changes to
the design of the Miami MDC which may affect design
criteria delineated in Stipulation IV.A, above, as they
relate to historic properties, shall.be subject to the
design review process.
V. Dispute Revolution
Should any party to this MOA object within 30 days to any
plans or spacifications provided for review, or to any action
proposed pursuant to this MOA,- the FBOP shall consult with the
objecting party to resolve the objection. rf the FBOP determines
that the objection cannot be resolved in a manner consistent with
its mission, the FBOP shall forward all documentation relevant to
the dispute to the Council. Within 30 days after receipt of all
pertinent documentation, the Council shall either:
1. provide the FBOP with recommendations, which the FBOP
shall take into account in reaching a final decision
regarding the disputes or
2. notify the FBOP that it will comment pursuant to 36 CPR
Part 800.6(b) and proceed to comment. Any Council comment
provided in response to such a request shall be taken into
account by the FBOP in accordance with 36 CFR Part
800.6(c)(2) with reference.to the subject of the dispute.
Any recommendation or comment provided by the Council will,
be understood to pertain only to the dispute; the FBOP's
responsibility to carry out all actions under this MCA that are
not the subject of the dispute shall remain unchanged.
VI. Property Considerations
The City shall assist the FBOP in the expeditious resolution'%
of any and all unresolved issues concerning street right-of-way
restrictions or other conflicts of property ownership affecting
the construction of the Miami MDC and the rehabilitation of the
chaille Buildings.
Execution of this MCA by the FBOP, the Florida SHPO and the
Council, and implementation of its terms, evidence that the FBOP
has afforded the Council an opportunity to continent on the
construction of the Miami MDC and its effects on historic
properties and that the FBOP has taken into account the effects
of the undertaking on historic properties.
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SENT BY:HISTORICAL RESOURCES +12-27-90 ;11'-49AM
6
FEDERAL SWItAU OF PBZ-"NS
TALLAH,ASSEE-4 # 2
,.,b cto
Will am J. pavrrck date
Chief; Faailitios evel,opment and operations '
FLORIDA STATE HISTORIC PRESLR"tTATXON OFFICER
O&V66MM W. Percy dat
StatiAistoric. Prezarvati on Officer
ADVISORY COUNCIL ON HISTORIC PRESERVATION
Dr. Robert D. Bush data
Executive Director
Concur: '
CITY OF MYAMY. -
Cesar K. Od o date
City Manager "
1
f
1
TO: Honorable Mayor and Members
of the City Commission
CITY OF MIAMI, FLORIDA 26
INTER -OFFICE MEMORANDUM
JAN - i 1991
Memorandum of Agreement
Metropolitan Detention Center
FROM : �� REFERENCES:
Cesar H . 0 ENCLOSURES:
City Manage
RECOMMENDATION
DATE :
SUBJECT
FILE :
It is respectfully recommended that the City Commission adopt the attached
resolution authorizing the City Manager to execute a Memorandum of Agreement with
the Federal Bureau of Prisons, Florida State Historic Preservation Officer, and
Federal Advisory Council on Historic Preservation, authorizing the City's
participation in the Federal historic preservation review process for the proposed
1,000 bed Metropolitan Detention Center in Downtown Miami.
BACKGROUND
The Federal Bureau of Prisons has announced its intention of constructing a
Metropolitan Detention Center on the east side of N. Miami Avenue between N.E. 4th
Street and N.E. 5th Street. Although opposed to the location of such a facility
in Downtown Miami, the City Commission did agree that this site was the most
appropriate location. This City position was sent to the Federal Bureau of
Prisons and incorporated in the Final Environmental Impact Statement (August 31,
1990).
The construction of a detention center on this site would have an impact on the
Chaille Block and the U.S.Post Office and Courthouse, two properties listed in, or
eligible for listing, in the National Register of Historic Places. Both
properties have also been designated as Heritage Conservation Districts by the
City Commission. Federal law requires Federal agencies to assess the impact of
their projects on such historic properties and, additionally, to provide the
Federal Advisory Council on Historic Preservation with an opportunity to review
and comment on these impacts.
The Federal Bureau of Prisons has consulted with the Advisory Council on Historic
Preservation and the Florida State Historic Preservation Officer. The City of
Miami Administration, a representative of the Heritage Conservation Board, and
other local agencies and groups participated in a joint meeting on November 20,
1990, in an effort to resolve issues leading to preserving as much of the Chaille
Block as possible. The entire Heritage Conservation Board reviewed the -project on
December 18, 1990.
Page 1 of 2 P 44
The City of Miami has now been invited to concur in a Memorandum of Agreement to
be signed by the Federal Bureau of Prisons, State Historic Preservation Officer,
and Advisory Council on Historic Preservation. This memorandum sets forth the
procedural steps necessary to continue to reduce harm to the historic properties.
The Heritage Conservation Board will continue to review the project substantially
to assure that the City's concerns about preserving its historic buildings are
taken into consideration, before issuing the required Certificate of
Appropriateness.
cc: Planning and Zoning Division
Planning, Building and Zoning Department
Page 2 of 2
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