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HomeMy WebLinkAboutAgenda Item Summary FormC of p" �* AGENDA ITEM SUMMARY FORM File ID: #9150 Date: 06/01/2021 Requesting Department: Department of Planning Commission Meeting Date: 07/08/2021 Sponsored By: Joe Carollo District Impacted: District 2 Type: Resolution Subject: Approve - Temporary Public Art Installation - Doggy Bags Purpose of Item: To allow a temporary public art installation by American Artist Will Kurtz titled "Doggy Bags at three locations in Brickell, (1.) Mary Brickell Park (2.) Underline, County right-of- way located at SW 7 Street and SW 1 Avenue, (3.) City right-of-way located at South Miami Avenue and SW 1 Avenue. Background of Item: On March 15, 2021, the Art in Public Places Board pursuant to Resolution No. AIPP-R- 21-005 approval with conditions the temporary art installation pursuant to Chapter 62, Article XVI of the City Code. Subsequently, in April of 2021, the Office of the City Attorney indicated that it is in the best interest of the Commission to ratify, approve, and confirm certain actions related to the installation of the temporary art work as set forth in the Boards Resolution No. AIPP-R-21-005. Budget Impact Analysis Item has NO budget impact Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed By Department of Planning Cesar Garcia -Pons AICP Office of Management and Budget Fred Pericles Office of Management and Budget Leon P Michel City Manager's Office Nzeribe Ihekwaba Legislative Division Valentin J Alvarez City Manager's Office Arthur Noriega V Department of Resilience and Public Works Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Nicole Ewan Legislative Division Valentin J Alvarez Department of Resilience and Public Works Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Nicole Ewan Office of the City Clerk City Clerk's Office Department Head Review Completed 06/07/2021 4:04 PM Budget Analyst Review Completed 06/08/2021 9:56 AM Budget Review Completed 06/09/2021 6:41 PM Assistant City Manager Review Completed 06/10/2021 10:15 AM Legislative Division Review Completed 06/10/2021 12:15 PM City Manager Review Completed 06/11/2021 4:05 PM Joseph Murray ACA Review Completed Deputy City Attorney Review Completed 06/15/2021 1:26 PM Approved Form and Correctness Completed 06/15/2021 4:46 PM Meeting Completed 06/24/2021 9:00 AM Legislative Division Review Completed 06/25/2021 4:45 PM Joseph Murray ACA Review Completed Deputy Attorney Review Completed 06/28/2021 4:16 PM Approved Form and Correctness Completed 06/28/2021 6:40 PM Meeting Completed 07/08/2021 9:00 AM Rendered Completed 07/12/2021 5:29 PM GSY v City of Miami *'y IS°1°1 f1 A'fto Legislation Resolution Enactment Number: 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. 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 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. 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. ' 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. 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 "ndez, ity ttvr ey 611512021 i ria i ndez, ity Httor ey 6/2812021 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.