The URL can be used to link to this page

Home My WebLink AboutR-21-0288City of Miami tn�l6_OF Fa. V Legislation *tliti fill! IiRl 11 +*� Resolution: R-21-0288 File Number: 9150 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/8/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING A TEMPORARY PUBLIC ART INSTALLATION PREVIOUSLY RECOMMENDED BY THE CITY OF MIAMI'S ("CITY") ART IN PUBLIC PLACES BOARD ("BOARD") PURSUANT TO RESOLUTION NO. AIPP-R-21-005 ADOPTED MARCH 15, 2021, ATTACHED AND INCORPORATED AS EXHIBIT "A", BY AMERICAN ARTIST WILL KURTZ ("ARTIST") TITLED "DOGGY BAGS" ("ARTWORK") IN PARTNERSHIP WITH AVANT GALLERY ("SPONSOR") AT THREE (3) LOCATIONS: (1) A PARCEL ZONED "CS", CIVIC SPACE TRANSECT ZONE, LOCATED AT APPROXIMATELY 501 BRICKELL AVENUE, MIAMI, FLORIDA, ALSO KNOWN AS THE CITY'S MARY BRICKELL PARK ("PARK PROPERTY") AND MAINTAINED BY ICON BRICKELL HOMEOWNERS' ASSOCIATION ("ICON") PURSUANT TO A MAINTENANCE AGREEMENT FOR THE PARK PROPERTY, (2) A CITY RIGHT-OF-WAY LOCATED AT SOUTHWEST 15TH ROAD BETWEEN SOUTH MIAMI AVENUE AND SOUTHWEST 1ST AVENUE, MIAMI, FLORIDA, AND (3) A CITY RIGHT-OF-WAY LOCATED AT SOUTH MIAMI AVENUE AND SOUTHEAST 1ST AVENUE, MIAMI, FLORIDA, ALL AS FURTHER DESCRIBED IN EXHIBIT "B", ATTACHED AND INCORPORATED, FOR A PERIOD NOT TO EXCEED SIX (6) MONTHS FOR ALL ARTWORK INSTALLATIONS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, APPROVALS, CONSENTS, AND/OR DONATIONS WITH THE ARTIST, THE SPONSOR, AND/OR ICON, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE TEMPORARY PUBLIC ARTWORK INSTALLATION; MAKING CERTAIN FINDINGS AND REQUIREMENTS; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE BOARD, THE CITY'S PLANNING DEPARTMENT, AND OTHER DESIGNATED CITY OFFICIALS AND DEPARTMENTS IN ORDER TO PROVIDE INITIAL AUTHORIZATIONS, TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION WITH THE INSTALLATION OF THE ARTWORK AND DONATIONS, IF ANY, AND FOR ANY OTHER GRANTS AND OTHER FUNDING SOURCES IN PROGRESS IN CONNECTION HEREWITH. SPONSOR(S): Commissioner Joe Carollo WHEREAS, Will Kurtz and Avant Gallery (collectively, "Applicant") are seeking to install a temporary public art installation titled "Doggy Bags" ("Artwork") for a period not to exceed six (6) months at three (3) locations: (1) a parcel located at approximately 501 Brickell Avenue, Miami, Florida, also known as Mary Brickell Park ("Park Property") maintained by the Icon Brickell Homeowners' Association ("Icon") pursuant to a maintenance agreement for the Park Property between the City of Miami ("City") and Icon, (2) the City right-of-way located at Southwest 15th Road between South Miami Avenue and Southwest 1 st Avenue, Miami, Florida ("City Right -of -Way A"), and (3) the City right-of-way located at South Miami Avenue and Southeast 1st Avenue, Miami, Florida ("City Right -of -Way B"), all as further described in Exhibit "B", attached and incorporated; and City of Miami Page 1 of 3 File ID: 9150 (Revision: A) Printed On: 711612021 File ID: 9150 Enactment Number: R-21-0288 WHEREAS, the Park Property is owned by the City and is currently zoned as Civic Space Transect Zone ("CS") and City Right -of -Way A and City Right -of -Way B are unzoned as City right-of-ways; and WHEREAS, the Applicant, in support of the City's Public Art initiative, seeks to activate the public realm with a fully funded interactive public art installation; and WHEREAS, City staff reviewed and found the Artwork to be in accordance with the intent and criteria of Section 62-658 of the Code of the City of Miami, Florida, as amended ("City Code"), and Article 11 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, City staff recommended that the City's Art in Public Places Board ("Board") approve the Artwork, with conditions; and WHEREAS, the Planning Department's Public Art Division, in consultation with the Parks and Recreation Department, found the request to install a temporary public Art installation at the Park Property, City Right -of -Way A, and City Right -of -Way B, all as further described in Exhibit "B", attached and incorporated, to be consistent with the goals and intent of Chapter 62 of the City Code and the Miami 21 Code; and WHEREAS, City staff found the Artwork to be non -intrusive in nature and compatible with the surrounding built and natural environments; and WHEREAS, on March 15, 2021, the Board, having considered Chapter 62 of the City Code, the Miami 21 Code, and all other regulations of the City, adopted Resolution No. AIPP-R- 21-005, attached and incorporated as Exhibit "A", approving the installation of the Artwork, with conditions; and WHEREAS, it is in the best interests of the City for the City Commission to ratify, approve, and confirm certain actions related to the installation of the Artwork as set forth in Board Resolution No. AIPP-R-21-005, attached and incorporated as Exhibit "A", by the Board, the City's Planning Department, and other certain designated City officials and Departments which continue to accept additional funding and to take necessary actions to update the City's relevant financial controls and computer systems for the Artwork and Donations, if any, and for any other grants and other funding sources in progress in connection herewith; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission hereby approves the installation of the Artwork in accordance with Section 62-658 of the City Code at the Park Property, City Right -of -Way A, and City Right -of -Way B. City of Miami Page 2 of 3 File ID: 9150 (Revision: A) Printed on: 711612021 File ID: 9150 Enactment Number: R-21-0288 Section 3. The City Manager is authorized' to negotiate and execute any and all necessary documents, including but not limited to contracts for the commissioning and installation of the Artwork, all in forms acceptable to the City Attorney. Section 4. The final placement and location of the Artwork shall be reviewed and approved by the Public Art Division in association with all applicable City departments. Section 5. The Applicant shall obtain all necessary approvals from the appropriate public departments, divisions, and agencies prior to installation of the Artwork. Section 6. The Artwork shall remain on display at the Park Property, City Right -of -Way A, and City Right -of -Way B for a period not to exceed six (6) months. Section 7. The Applicant shall immediately remove the Artwork upon the issuance of a hurricane warning and/or severe weather alert. Section 8. The City Commission hereby ratifies, approves, and confirms certain actions related to the commissioning and installation of the Artwork at the Park Property, City Right -of - Way A, and City Right -of -Way B, all as set forth in Board Resolution No. AIPP-R-21-005, attached and incorporated as Exhibit "A", by the Board, the City's Planning Department, and other certain designated City officials and Departments which continue to accept additional funding and to take necessary actions to update the City's relevant financial controls and computer systems for the commissioning and installation of the Artwork and for any other grants and other funding sources in progress in connection herewith. Section 9. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 1 i ria i nd- e [y Nttor ey 6/1512021 Ji ria i , ndez, Cify Attor iey 6/28/2021 ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 3 of 3 File ID: 9150 (Revision: A) Printed on: 711612021