2009-27180 ResoRESOLUTION NO. 2009-27180
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, WAIVING THE CITY'S
REQUIRED ART IN PUBLIC PLACES (AiPP) CONTRIBUTION FOR
THE NEW WORLD SYMPHONY (NWS) GARAGE (HEREINAFTER
REFERRED TO AS THE PENNSYLVANIA AVENUE GARAGE),
FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE
CITY; PROVIDED, HOWEVER, THAT THE SUBJECT WAIVER FOR
THE GARAGE IS CONTINGENT UPON AND SUBJECT TO THE CITY
INCREASING ITS REQUIRED AiPP CONTRIBUTION FOR THE PARK
PROJECT (AS SUCH TERM IS DEFINED IN THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY AND NWS), WHICH INCREASE
WOULD BE IN AN AMOUNT EQUAL TO WHAT THE ESTIMATED
AiPP CONTRIBUTION WOULD HAVE BEEN FOR THE GARAGE.
WHEREAS, the City and New World Symphony, Inc. (NWS) are parties to a
Development Agreement which provides for the design, development and construction of the
facility currently referred to as the NWS Campus Expansion, aCity-owned public parking
garage (herein referred to as the Pennsylvania Garage), and certain public infrastructure and
other improvements, including the option to design, develop and construct a public park
adjacent to the project (which park is referred to as the Park Project under the Development
Agreement); and
WHEREAS, the City's Art in Public Places (AiPP) Ordinance, as codified in Sections
82-536 through 82-612 of the City Code, requires that City construction projects, including
City construction projects developed pursuant to a development agreement, include an
appropriation of funds to AiPP; and
WHEREAS, Section 82-587(c) of the Code provides that, in considering the required
appropriation for a particular City construction project, the City Commission may, by
resolution, waive the appropriation, finding such waiver to be in the best interest of the City;
and
WHEREAS, the City's required AiPP appropriation was not included within the Final
Garage Budget for the Pennsylvania Garage, as same was approved by the Mayor and City
Commission on April 22, 2009, pursuant to Resolution No. 2009-27056; and
WHEREAS, accordingly, the Administration would hereby request and recommend that
the City Commission waive the required AiPP appropriation for the Pennsylvania Garage,
finding such waiver to be in the best interest of the City and, provided further, that said waiver
be granted with the condition that the City's required AiPP contribution for the Park Project
(currently estimated at $150,855) be increased, in the amount of what would have been the
required contribution for the Garage (or $201,300); therefore bringing the total estimated AiPP
appropriation for the Park Project to $352,155; and
WHEREAS, at its July 27, 2009 meeting, the AiPP Committee unanimously
recommended the waiver, contingent on the aforestated proposed increase to the City's
AiPP contribution for the Park Project.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby waive the required AiPP contribution for the Pennsylvania Garage,
finding such waiver to be in the best interest of the City; and provided further that the subject
waiver be contingent upon and subject to the City increasing its required AiPP contribution for
the Park Project, in an amount equal to what the estimated AiPP contribution for the Garage
would have been.
PASSED and ADOPTED this 9th day of September , 2009.
MAT I HER E BO ER, MAYOR
ATTEST:
~,1~ F~a~''~~ & LANGUAGE `i
ROBERT PARCHER, CITY CLERK ~,~ ~ FOR EXECUTION -,
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y Date
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution waiving the City's required Art in Public Places (AiPP) contribution for the New World Symphony (NWS)
Garage (hereinafter referred to as the Pennsylvania Avenue Garage), finding such waiver to be in the best interest of
the City; provided, however, that the subject waiver for the Garage is contingent upon and subject to the City
increasing its required AiPP contribution for the Lincoln Park project (as such term is defined in the Development
Agreement between the City and NWS), which increase would be in an amount equal to what the estimated AiPP
contribution would have been for the Garage.
Ke Intended Outcome Su orted:
Increase community rating of cultural activities.
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community Satisfaction Survey reported more
than one-fifth of all resident respondents feel there are "too few" family friendly activities (24.6%) and cultural
activities (24.1 %).
Issue•
Shall the City Commission waive the AiPP contribution for the Pennsylvania Avenue Garage and increase
the AiPP Contribution in the appropriated Lincoln Park Project budget by the same amount?
Item Summary/IZecommenaatlon:
The present AiPP Ordinance requires all City projects to make a financial contribution to support ongoing and future
operations and acquisitions of the City's AiPP program. The most common application for the Ordinance has been to
City projects that are City-owned and constructed. However, the Ordinance also pertains to capital construction
projects where the City has entered into a development agreement. Therefore the Pennsylvania Avenue Garage and
the Lincoln Park projects are subject to the requirements of the AiPP Ordinance.
Section Sec. 82-587(c) of the City Code provides for the City Commission to waive the required AiPP contribution if it
is found to be in the best interest of the City. Furthermore, the same section of the City Code gives the City the ability
to "place all or a portion of the required appropriation in the Art in Public Places fund for use at another site" if it is
found that a particular location is not an appropriate site for works of art.
Aavisory esoara rcecommenaaiion:
On July 27, 2009 the AiPP Committee unanimously recommended in favor of the waiver conditioned upon increasing
the contribution for Lincoln Park.
Financial Information:
Source of Amount Account Approved
Funds: ~ N/A
2
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Max Sklar
Si n-Offs:
Department Director /j~S~istant City Manager City Manager
~, ~I} ~ ~~ ~ Q ~ ~ AGENDA DATE 9-9-9
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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachFl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: City Manager Jorge M. Gonzalez
DATE: September 9, 2009
suB~ECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, WAIVING THE CITY'S REQUIRED
ART IN PUBLIC PLACES (AiPP) CONTRIBUTION FOR THE NEW
WORLD SYMPHONY (NWS) GARAGE (HEREINAFTER REFERRED TO
AS THE PENNSYLVANIA AVENUE GARAGE), FINDING SUCH WAIVER
TO BE IN THE BEST INTEREST OF THE CITY; PROVIDED, HOWEVER,
THAT THE SUBJECT WAIVER FOR THE GARAGE IS CONTINGENT
UPON AND SUBJECT TO THE CITY INCREASING ITS REQUIRED AiPP
CONTRIBUTION FROM THE PARK PROJECT BUDGET (AS SUCH
TERM IS DEFINED IN THE DEVELOPMENT AGREEMENT BETWEEN
THE CITY AND NWS), WHICH INCREASE WOULD BE IN AN AMOUNT
EQUAL TO WHAT THE ESTIMATED AiPP CONTRIBUTION WOULD
HAVE BEEN FOR THE GARAGE.
RECOMMENDATION
Adopt the Resolution.
BACKGROUND
On January 5, 2004, the City of Miami Beach (City) and the New World Symphony (NWS),
entered into a Development Agreement and Ground Lease Agreement (the Agreements),
providing for the design, development and construction of an educational performance and
Internet broadcast facility and exterior screen (formally known as "Soundspace"), and a
public parking garage to be located on the westernmost portion of the 17th Street surface
parking lots, bounded by 17th Street to the north; North Lincoln Lane to the south; Drexel
Avenue to the east; and Pennsylvania Avenue to the west. Pursuant to the direction of the
City Commission on September 8, 2004, and consistent with the Planning Board's August
24, 2004 recommendation, the Project site was expanded east to Washington Avenue to
include both surface lots, to be designed as an integrated site, and to include the
development of a park (hereinafter referred to as Lincoln Park) and certain other public
improvements.
ART IN PUBLIC PLACES (AiPP)
The present AiPP Ordinance requires all City projects to make a financial contribution to
support ongoing and future operations and acquisitions of the City's AiPP program. The
most common application for the Ordinance has been to City projects that are City-owned
and constructed,. However, the Ordinance also pertains to capital construction projects
where the City has entered into a development agreement. Therefore, both the Pennsylvania
Avenue Garage and Lincoln Park projects are subject to the requirement of the AiPP
ordinance.
The final Pennsylvania Avenue Garage Budget does not include a contribution of funds for
AiPP. The City and NWS recommend a waiver of the AiPP contribution for the Pennsylvania
Avenue Garage project, by increasing the AiPP contribution with the appropriated Lincoln
Park project budget by an amount equal to the amount that would be required for the
Pennsylvania Avenue Garage project. The basis of this recommendation is that Lincoln
Park is a more appropriate location for public works of art.
Section Sec. 82-587(c) of the City Code provides the ability for the City Commission to waive
the required appropriation if it is found to be in the best interest of the City. Furthermore, the
same section of the City Code gives the City the ability to "place all or a portion of the
required appropriation in the AiPP fund for use at another site" if it is found that a particular
location is not an appropriate site for works of art.
The final construction cost of the Pennsylvania Avenue Garage is $13,419,906. Therefore,
the AiPP contribution for the Garage project would be $201,300. The construction cost in
the Lincoln Park Preliminary (Design-To) Budget is $10,057,000. Therefore, the AiPP
contribution for the Lincoln Park project is estimated to be $150,855. The recommendation
to waive the Pennsylvania Avenue Garage AiPP contribution and increase the Lincoln Park
AiPP contribution from the appropriated Park budget by $201,300 would result in an
estimated total AiPP contribution of $352,155 available for the Lincoln Park public art
commission.
On July 27, 2009, a presentation was made to the AiPP Committee, which unanimously
adopted a motion approving the waiver, conditioned upon increasing the AiPP contribution
for Lincoln Park by the amount required for the Pennsylvania Avenue Garage.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the attached
resolution and grant the requested waiver of the Art in Public Places contribution for the
Pennsylvania Avenue Garage project, contingent upon increasing the contribution to the
Lincoln Park AiPP Project by an equal amount.
JMG\HMF\MAS
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