2000-23436 RESO
RESOLUTION NO. 2000-23436
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, TRANSFERRING AND APPROPRIATING FUNDS,
IN THE TOTAL AMOUNT OF $169,051.52, FROM THE RESORT TAX FUND
(BASS MUSEUM), AND THE 7TH STREET GARAGE FUND BALANCE TO THE
MIAMI BEACH ART IN PUBLIC PLACES FUND FOR THE ESTABLISHMENT
OF ART IN PUBLIC PLACES.
WHEREAS, Chapter 82, Article VII, Secs. 82-536-612 (the Chapter), provides for the
establishment of Art in Public Places; and
WHEREAS, the stated intent of the Chapter is "to enhance the aesthetic environment of
the City of Miami Beach by including works of art on public property within the City and in City
construction projects;" and
WHEREAS, the Chapter further requires that all appropriations of City funding for
construction of City-owned projects, including new buildings and/or public facilities or additions
to existing structures, shall include an appropriation to the Art in Public Places Fund, and that the
amount be no less than 1.5 % of the construction cost of the proposed project; and
WHEREAS, the Art in Public Places allocation for the Bass Museum Renovation and
Expansion Project is $54,000, based on the city-funded portion of the Project, in the amount of
$3,600,000; and
WHEREAS, the allocation from the 7th Street Garage Project, based on the City-funded
portion, has been identified as $115,051.52; and
WHEREAS, the Administration recommends that the aforestated allocations be transferred
to Fund 147 Art in Public Places and appropriated from 1) Resort tax for the Bass Museum; and
2) the 7th Street Garage Fund balance for the 7th Street Garage; and
WHEREAS, the total amount transferred and appropriated to the Art in Public Places
Fund will be $169,051.52; and
WHEREAS, upon allocation of the aforestated monies, totalling $169,051. 52, to the Art
in Public Places Fund, the selection of an appropriate site or sites, allotment of appropriation for
acquisition of works of art for particular sites and selection of works of art shall be determined
by the Art in Public Places Committee and shall be approved by the Mayor and City Commission,
as required by the Chapter.
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 herein transfer and appropriate funds, in the total amount of $169,051.52, from the
Resort Tax Fund (Bass Museum) and the 7th Street Garage Fund balance to the Miami Beach Art
in Public Places Fund for the establishment of Art in Public Places.
PASSED and ADOPTED this 12th day of January
,2000.
ATTEST:
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MAYOR
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CITY OF MIAMI BEACH
EXHIBIT A
FROM:
Jose Garcia-Pedrosa
City Manager
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~urray H. Dubbin^ ^ ~~vN.IJ.i ~W
City Attorney , V V
TO:
DATE:
October 3, 1996
RE:
Request for Legal Opinio.Q - Art in Public Places
The following opinion addresses the questions raised in your memorandum, dated October
1, 1996, requesting a legal opinion with respect to the City's funding of Art in Public Places.
Specifically, in responding to the individual questions raised therein:
1. To what types of construction did the 1984 Art in Public Places Ordinance apply?
Your memorandum states that, pursuant to your staff's understanding, the forme;[ Chapter 4-A
of the City Code, or Ordinance No. 84-2414, pertained only to new buildings and not additions; only'
applied as to public ownership, not public/private ventures; and did not apply to garages. Section
. 4-A-l, entitled "Appropriation of funds for acquisition of works of art for public buildings-
Generally," states as follows:
All appropriations for the original construction of governmental buildings by the city .
commission shall include an amount of art equivalent in value to no~ less than one
and one-half percent of the construction cost of new governmental buildings.
The term "governmental buildings" is not specifically defined; however, it is our opinion that
that term would encompass not only parking garages, but also private/public ventures, were such
ventures to result in the constnlction of a public facility or "governmental building." As. for its
applicability to additions, Chapter 4-A limits its applicability to the original construction of ~ .
governmental buildings, therefore, its applicability to an addition would be dependent upon whether
the end result of such construction was the creation of a substantially independent, separate
governmental building (such as, for example, the addition of the new Police Station building to Old
City Hall; the addition to the Miami Beach Convention Center, etc.).
2. How does the April, 1995 Art in Public Places Ordinance differ from the 1984
Ordinance?
Ordinance No. 95-2985, which took effect on April 15, 1995 and effectively repealed Chapter
4-A (Ordinance 84-2414) in its entirety, in effect clarified the intent behind the 1984 legislation. Not
only does the Ordinance go into greater detail in terms of its applicability, but the definitions serve
to give us a better understanding of what was intended. For example, the Art in Public Places
requirement is specifically defmed to apply to City-owned projects, including construction of new
buildings/or public facilities, or additions to existing structures. The term "Construction Project
(City-owned Construction Project)" is also specifically defined as "any capital project for new City-
owned building construction or for additions to existing City-owned buildings, paid for wholly or
in part by the City of Miami Beach." Therefore, as set forth in your October I, 1996 memomndum,
your staffs assumptions that the 1995 Ordinance is applicable not just to new construction, but also
to additions, is correct; similarly, the Ordinance is also applicable to public/private ventures, to the
extent of the public cost. However, the assumption that the 1995 Ordinance is not applicable to
garages is incorrect; as noted, the definition clearly includes anv capital proiect for new City-owned
building construction. Similarly, we have reviewed our files and can find no prior opinion from this
office stating that public garages would b7-exempt from applicability under the 1995 Ordinance.
The 1995 Ordinance also calls for the establishment of an Art in Public Places Fund. The
Ordinance also expands upon the role of the Art in Public Places Committee (APPC). Instead of the
powers and duties broadly prescribed to .the APPC by the 1984 Ordin~ce, the 1995 Ordinance
specifically empowers the APPC to recommend to the City Commission whether a proposed
construction project is an appropriate site for Works of Art (as defined therein) and whether all or
a part of an Art in Public Places appropriation as required by the Ordinance should be waived. I
Additionally, under the 1995 Ordinance, the APPC is empowered, among other things, to conduct
contests and competitions in order to select Works of Art recommended for particular sites; , '
recommend a PAC to advise the Committee and City Commission-regarding selection of particular'
Works of Art for a project or site; recommend and oversee the maintenance and insurance necessary
to preserve and protect acquisitions; make recommendations to the Commission regarding proposed
projects which include art and to participate in the planning of such projects; recommend legislation
concerning art in the City of Miami Beach; and to perform any and all other duties and functions as
requested by the Commission. Additionally, the Committee shall evaluate each proposed project
to determine its suitability as a location for Works of Art and establish lists of City-owned sites
which it considers appropriate for Works of Art. " .
3. If the April, 1995 Ordinance applies to garages, does the Ordinance apply to a garage
such as the 7th Street Garage,. which had been planned, budgeted, and partially completed
prior to the effective date of the Ordinance?
It is this office's opinion that both the 1984 and 1995 Ordinances apply toward the
construction of City-owned parking garages. However, as the Acquisition, Development, and
Construction Agreement for the Ballet Valet (7th Street) Garage Project was executed on or about
June 6, 1994, the question of applicability is restricted to the language contained in the original
Chapter 4-A (Ordinance No. 84-2414).
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IBoth the 1984 and 1995 Ordinances enable the Mayor and City Commission to waive the
required appropriation by resolution ifit determines that a particular project is not an appropriate site
for Works of Art. The distinction between the 1984 and 1985 Ordinances is that the latter requires
that the City Commission consider the recommendation of the APPC prior to granting a waiver.
EXHIBIT B
RESOLUTION NO. 96-22166
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA WAIVING
FUNDING OF ART IN THE AMOUNT OF 11/2 PERCENT OF
THE CONSTRUCTION COST OF THE SEVENTH STREET
PARKING GARAGE PROJECT PURSUANT TO CHAPTER
4A OF THE CITY CODE ENTITLED "ART IN PUBLIC
PLACES"; AUTHORIZING AN EQUIVALENT
APPROPRIATION FOR ART AT ANOTHER PUBLIC PLACE
WITHIN THE CITY OF MIAMI BEACH, TO BE
RECOMMENDED BY THE ART IN PUBLIC PLACES
COMMITTEE AND SUBJECT TO CITY COMMISSION
APPROVAL; AND DIRECTING THE CITY
ADMINISTRATION TO IDENTIFY AN APPROPRIATE
SOURCE OF FUNDING FOR SAID APPROPRIATION.
WHEREAS, a parking garage project known as the Seventh Street Garage ("Garage"), was
constructed as a public-private joint venture by the City of Miami Beach and Ballet Valet; and
WHEREAS, City Code Chapter 4A governing the "Art in Public Places" ordinance in effect
at the time of the appropriation of funding for the Garage (Ordinance No. 84-2414) required that "not
less than 1 1/2 percent of the construction cost of new government buildings" shall be appropriated
for works of art; and
WHEREAS, said appropriation of 1 1/2 percent for art was not made in the original budget
for the Garage, therefore necessitating an appropriation or a waiver of said appropriation pursuant
to Chapter 4A of the City Code; and
WHEREAS, the City Commission has determined that the Seventh Street Garage is not an
appropriate site for works of art, however, the City Commission has determined that an amount
equivalent to the 1 1/2 percent appropriation should be used to fund art in another public place
within the City of Miami Beach which is to be recommended by the Art in Public Places Committee
and subject to City Commission approval.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that an appropriation of 1 1/2
percent of the construction cost of the Seventh Street Garage for art in public places is hereby
waived, however an amount equivalent to the 1 1/2 percent appropriation for the construction cost
of the Seventh Street Garage is hereby authorized to fund art at another location within the City of
Miami Beach which is to be recommended by the Art in Public Places Committee and subject to
City Commission approval, and further, the City Administration is hereby directed to identify an
appropriate source of funding for said appropriation.
PASSED and ADOPTED THIS
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM NO. ~ 1 L.-q Ie,
DA IE: OCTOBER 9, 1996
TO:
MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY CO,-
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CITY ATTORNE~7\}JVVv. .'
FROM:
JOSE GARCIA-PEDROSA
CITY MANAGER
SUBJECT: APPROPRIATION OF FUNDS REGARDING THE SEVENTH STREET
PARKING GARAGE
Pursuant to the request of Commissioner Neisen Kasdin, the attached Resolution is submitted
for your consideration. This Resolution provides for the after-the fact funding of art in the amount
of 1 1/2 percent of the construction cost of the Seventh Street Parking Garage in order to comply
with Chapter 4-A of the City Code entitled "Art in Public Places", with appropriation to come from
the appropriate source subject to recommendation of the Art in Public Places Committee.
The administration recommends that this Resolution be transmitted to the Art in Public
Places Committee for the review and recommendation.
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CITY OF MIAMI BEACH
EXHIBIT C
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
NEISEN KASDIN
COMMISSIONER
October 10, 1996
Dr. Paula Harper
11 Island Avenue, PH #7
Miami Beach, FL 33139
Dear Dr. Harper:
As you are aware, the City Commission recently took action, pursuant to my request on your
I
behalf, regarding the appropriation of money to the Art in Public Places Fund. The
Administration was directed to determine the appropriate amount, relative to the 7th Street
garage budget, and allocate that amount to the Fund from the appropriate source. This allocation
is not limited to placement within the garage, but can be utilized in City-wide public venues.
If you have any questions or need additional assistance at any time, please feel free to contact
Steven Hurwitz in the Mayor and Commission Office, or my office directly.
Sincerely,
~~~
Neisen Kasdin
Commissioner
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CITY OF
MIAMI BEACH
CITY HALL t700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
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TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
EXHIBIT D
April 9, 1997
Paula Harper, Co-Chairperson
Ruth Sackner, Co-Chairperson
Art in Public Places Committee
RE: FUNDING - ART IN PUBLIC PLACES
Dear Mrs. Harper and Mrs. Sackner:
This letter is a response to your March 24th correspondence regarding funding. As advised by your
committee's liaison, Kaslyn Mohamed, at the November 10, 1996, committee meeting, the amount
of funding to be provided for Art in Public Places is $94,962 which is equivalent to 1 1/2 percent
of the construction cost of the 7th Street Garage. At that time you were informed that this funding,
as approved by the city commission, was committed and that the money would be transferred to an
account for Art in Public Places as provided for in the ordinance. You were further advised that it
was proper to begin the planning process for acquisition of artWork. This information was reiterated
at subsequent meetings of the committee.
The Office of Management and Budget has advised that the funding for the garage project has been
reconciled and that the funds allocated for art project(s) will be transferred to an account for Art in
Public Places by April 18, 1997.
The committee's efforts in support of public art is greatly appreciated. If you require further
information, please do not hesitate to call me.
Sincerely,
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Jose Garcia-Pedrosa
City Manager
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c. Mayor and Members of the City Commission
Mayra Diaz-Buttacavoli, Assistant City Manager
Kaslyn Mohamed, Special Projects Coordinator
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CITY OF MIAMI BEACH
OFFICE OF THE MAYOR & COMMISSION
MEMORANDUM
TO:
SERGIO RODRIGUEZ
CITY MANAGER
NANCY LIEBMA (flJ /
COMMISSIONER~
FROM:
DATE:
DECEMBER 14, 1999
RE:
ART IN PUBLIC PLACES
Please place an item on the January 10 Agenda to discuss and resolve the appropriation of
funds for Art in Public Places as required by ordinance. Art in Public Places funds should
be available from the following projects: Ballet Valet, Bass Museum, and the new library.
Members of the Art in Public Places Committee, and the Bass Museum and Cultural
Campus Oversight Committees, and have requested a time certain in the morning.
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COMMISSION MEMORANDUM NO. 1-3 .co
TO:
Mayor Neisen o. Kasdin and
Members of the City Commission
Lawrence A. Levy ~
City Manager
DATE: January 12, 2000
FROM:
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI
BEACH, FLORIDA, TRANSFERRING AND APPROPRIATING FUNDS
FROM THE RESORT TAX FUND (BASS MUSEUM); THE 7TH STREET
GARAGE FUND BALANCE; AND THE REGIONAL LmRARY ACCOUNT
TO THE MIAMI BEACH ART IN PUBLIC PLACES FUND.
ADMINISTRA TION RECOMMEND A TION:
Adopt the Resolution.
ANAI.YSIS:
The Mayor and City Commission adopted Ordinance 95-2985 of the Miami Beach City Code
Chapter 4A, effective April 15, 1995. The stated intent of this Chapter is "to enhance the aesthetic
environment of the City of Miami Beach by including works of art on public property within the
City and in City Construction projects." The Ordinance requires that all appropriations of City
funding for construction of City-owned projects including new buildings and/or public facilities
or additions to existing structures, shall include an appropriation to the Fund in an amount of no
less than 1.5 % of the construction cost of City funded portion of the proposed project. On
October 3, 1996, a legal opinion (Exhibit A) was issued regarding this funding.
On October 9, 1996, the City Commission voted to set aside an amount equivalent to 1.5% of
City funded portion of the 7th Street Garage (Exhibit B). Subsequent correspondence from Mayor
Kasdin and City Manager Jose Garcia-Pedrosa confirmed that funds would be set aside into an
account for Art In Public Places (Exhibits C and D). The Finance Department has identified
reserve operations/maintenance funds generated by the 7th Street Garage as the funding source
for this appropriation.
The development of the city's Cultural Campus including expansion of the Bass Museum, and the
building of a new Regional Library, in addition to the 7th Street Garage Funds, will provide funds
for a public art project(s). That money should now be segregated in a separate Art in Public
Places account pursuant to the Ordinance.
AGENDA ITEM c.. -, B
DATE~2..(jO
The Art in Public Places requirement for the Bass Museum Renovation and Expansion is $54,000,
based on the city funded portion of the project in the amount of $3,600,000. The allocation from
the Regional Library is $105,187, based on the current construction estimate for the project which
is $7,012,500. The allocation for the 7th Street Garage is based on the city funded portion and
has been identified as $115,051.52. These funds should be transferred to Fund 147 Art in Public
Places and appropriated from: 1) Resort tax for the Bass Museum; 2) Fund 372 from the Cultural
Campus Regional Library Account; and 3) the 7th Street Garage Fund balance for the 7th Street
Garage. The total amount transferred and appropriated to the AIPP account will be $274,239.
The Administration recommends adoption of the Resolution.
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