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North La Crosse Business Association to repaint Exit 3 eagle; board approves use of space pending arts-board review
Summary
The Board of Public Works approved use of the Exit 3 public-right-of-way for a volunteer-led repainting of a fiberglass eagle, contingent on arts board review and standard permits or insurance requirements.
The La Crosse Board of Public Works on May 12 approved allowing the North La Crosse Business Association to repaint the fiberglass eagle at the Exit 3 Eagle Viewing area, with final details to be worked out by the Arts Board and city legal staff.
The matter matters because the eagle sits in public right-of-way at a major gateway into La Crosse and the repainting will be done by a private artist using donations, raising questions about removal, liability and permitting.
Dan Kapanky, representing the North La Crosse Business Association, told the board the group would pay for the work and that the project would “enhance” the gateway into La Crosse. “We’re offering to do that with no cost to the city,” Kapanky said. He said the artist plans to buff, sand and repaint the entire sculpture and estimated, based on manufacturer guidance, that the work could last 10 years and possibly up to 20 years with the recommended process.
Director Gallagher said the concrete pad and mounting may allow the sculpture to be removed and that the area remains public right-of-way rather than a dedicated park. Gallagher recommended referrals to the Arts Board to work out details and told the board city staff could supply engineering information and standard templates for permits, insurance or liability waivers.
Council President Dickinson said the Arts Board could review details at its June meeting and asked city legal staff to advise whether a contract or a permit/liability waiver would be appropriate. Council Member Goggin moved to approve use of the space for the work subject to appropriate permitting and Arts Board review; Council President Dickinson seconded. The motion passed on a voice vote.
The board discussed insurance and indemnification: Kapanky asked whether the artist should list the city and the North La Crosse Business Association as additional insured; the mayor said he would consult with legal and report back. Gallagher said public works could provide engineering records about the mounting but deferred artistic and programming details to the Arts Board and legal staff.
The board did not set a timeline for the repainting beyond the artist’s estimate of mid-summer availability; Kapanky said the artist preferred a controlled environment if the sculpture cannot be removed, and otherwise planned to use scaffolding and coverings.
The board’s approval allows the applicant to pursue permits and Arts Board review but does not authorize any work until required permissions, insurance and any applicable contracts or waivers are completed.
