Winnetka Village Council STUDY SESSION Village Hall 510 Green Bay Road November 13, :00 PM AGENDA

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1 Winnetka Village Council STUDY SESSION Village Hall 510 Green Bay Road November 13, :00 PM s regarding any agenda item are welcomed. Please and your will be relayed to the Council. s for a Tuesday Council meeting must be received by Monday at 4 p.m. Any may be subject to disclosure under the Freedom of Information Act. AGENDA 1) Call to Order 2) Public Comment 3) Regulations Governing Installation of Art on Public Sidewalks...2 4) Discussion Regarding Village-Owned Properties ) Closed Session 6) Adjournment NOTICE All agenda materials are available at villageofwinnetka.org (Government > Council Information > Agenda Packets & Minutes); the Reference Desk at the Winnetka Library; or in the Manager s Office at Village Hall (2 nd floor). Webcasts of the meeting may be viewed on the Internet via a link on the Village s web site: The Village of Winnetka, in compliance with the Americans with Disabilities Act, requests that all persons with disabilities who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities, contact the Village ADA Coordinator Megan Pierce, at 510 Green Bay Road, Winnetka, Illinois 60093, ; T.D.D Agenda Packet P. 1

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3 Title: Agenda Item Executive Summary Presenter: Robert Bahan, Village Manager Agenda Date: 11/13/18 Ordinance Resolution Bid Authorization/Award Consent: YES NO Policy Direction Informational Only Item History: Regulations Governing Installation of Art on Public Sidewalks During the summer of 2017, Hoffmann Commercial Real Estate (HCRE) installed approximately five art structures in the Elm Street Business district, without prior Village approval. After a series of meetings, many of the art structures were relocated to private property. At the end of the year, they were removed for the winter season; however, in the spring of 2018 they were returned to their previous locations. Executive Summary: After receiving public feedback about the art pieces, the Village Council discussed the issue at the July 24 Study Session and requested the statue at Elm and Lincoln be removed by the end of August. The statue was not removed, and at the August 21 Council meeting, the Village Council directed the Village Attorney to prepare an ordinance for their review. Subsequent to that request, the Village received signed hold harmless agreements from HCRE. As in 2017, a letter from the Village Attorney dated October 19, 2018 was sent to HCRE informing them that the art pieces at the corner of Lincoln Avenue and Elm Street and the bench statue in front of Optique store on Elm Street must be removed before November 30 for snow removal operations. During the last week of October, the statue was removed from the corner of Lincoln Avenue and Elm Street; but as of the drafting of this report,the bench statue on Elm Street remains. Since the Council has authority to determine conditions for the placement of an art structure on a Village sidewalk, the draft ordinance restricts the installation of an art structure on any portion of a Village sidewalk without first obtaining a permit from the Village Council. The ordinance provides that an art installation permit application be submitted to the Director of Community Development which includes the following information: 1) proposed location and applicant's ownership interest in the property immediately adjacent to the installation; 2) a photograph of the structure to be installed; 3) description of materials, weight, dimensions; 4) description of how the art would be mounted or anchored; 5) description of the proposed length of time the structure is to Agenda Packet P. 2

4 Executive Summary (continued): be displayed; 6) relevant ownership information; 7) contact information of any contractors doing the installation; 8) certificate of general liability insurance at levels required by the Village; 9) other information needed by the Director to meet requirements. The draft ordinance defines restrictions, limitations, and potential enforcement authority. The installation shall: be in compliance with the permit issued; not create a safety hazard; not be illuminated; allow for safe and efficient movement by the public; not interfere with Village operations or maintenance; not block or interfere with ingress or egress of private property; not damage the structural integrity of Village property; not remain on the sidewalk between November 30 and March 30 of each year. In addition, the applicant will execute and complete a hold harmless agreement approved by the Village Attorney which requires the applicant to keep the art installation in good and safe condition, provides that the applicant must be the owner of the property immediately adjacent to the location of the art, and comply with all laws and ordinances. The ordinance also grants the Village authority to remove a structure that is installed without a permit; requires removal of the art piece by the owner with notice by the Village; allows immediate removal by the Village in the event of an emergency; and provides that the Village is not responsible for any damage to the art structures due to impoundment, Village maintenance, or other activities. Recommendation: Review and discuss the draft ordinance and provide policy direction on final ordinance for Council consideration at a future meeting. Attachments: 1. July 24, 2018 Study Session Materials 2. October 19, 2018 Letter from Holland & Knight 3. Draft Ordinance - An Ordinance Amending Title 12 of the Winnetka Village Code to Adopt Regulations Governing Installation of Art on Public Sidewalks Agenda Packet P. 3

5 Title: Agenda Item Executive Summary Presenter: Robert Bahan, Village Manager Agenda Date: 07/24/18 Ordinance Resolution Bid Authorization/Award Consent: YES NO Policy Direction Informational Only Item History: Use of the Public Sidewalks - Private Art Structures During the summer of 2017, Hoffmann Commercial Real Estate Company installed approximately five privately owned art structures in and around the Elm Street Business district, without prior Village approval. After a series of meetings, many of the art structures were relocated to private property. Attachment A identifies the current locations of the privately owned art. In the spring of 2018, the private art structures returned to their previous locations on the public sidewalks. Executive Summary: To protect the Village from liability, the Village requested and received certificates of insurance during 2017 and 2018, naming the Village of Winnetka as an additional insured with $2 million general aggregate liability. This is the same insurance requirement for outdoor seating and dining. This year, upon reviewing the certificate of insurance, the Village Attorney requested that Hoffmann execute hold harmless agreements to further protect the Village from liability. Hoffmann has yet to submit those agreements. At the end of 2017, the Village requested Hoffmann to remove the art structures on the public sidewalk by November 30th. This is consistent with the same requirement for approved outdoor dining tables and chairs that are to be removed prior to winter, to ensure that Public Works can remove snow from the downtown business areas without obstruction. Attachment B is a letter sent to Hoffmann requesting the removal of the art structures. Hoffmann complied with Village requirements in this regard. During the spring of 2018, the art structures were returned to their previous sidewalk locations, and conversations with Hoffmann have continued regarding possible alternative locations. The Village has received varying comments regarding the placement of private art on the public sidewalks. Recently, the Village Council received the attached letter from a resident regarding this issue, and the Council expressed a desire to further review and discuss this matter. This letter is included as Attachment C. Agenda Packet P. 4

6 Executive Summary (continued): The Village has a history of licensing outdoor seating and dining requested by restaurants and coffee shops wishing to place them on the public sidewalks. Section of the Village Code prohibits the use of public sidewalks for business operations without the prior approval of the Village. The duration of the outdoor seating and dining season is April 1 through November 30. Each year, a business wishing to have outdoor seating and dining must complete an application, provide a diagram or table layout sketches for approval of the Director of Public Works, and submit a certificate of insurance showing at least $2 million in general aggregate liability, with the Village named as an additional insured. Staff also continuously works with the businesses throughout the outdoor seating season to ensure the safe passage of pedestrians on the Village's sidewalks. Attachment D has the relevant sections of the Village Code along with a sample outdoor seating permit application. While the Village licenses outdoor seating and dining, it has not historically licensed flower planters and/or minor displays, etc. adjacent to the businesses. The Village has provided notice to those businesses with flower planters, etc. to remove those items by November 30, similar to outdoor seating and dining. Recommendation: Discuss and provide policy direction regarding the placement of items on Village sidewalks. Attachments: Attachment A - Current Locations of Hoffmann Private Art Attachment B - October 31, 2017 Letter to Hoffmann Attachment C - Resident Letter of July 9, 2018 Attachment D - Village Code and Sample Permit Application Agenda Packet P. 5

7 Attachment A Hoffmann Commercial Real Estate Art Locations Artist: Jim Rennert Title: Momentum Edition of 3 Dimensions: 86" x 52" x 48" Approx Location: Plaza of Coldwell Banker Lincoln Ave Winnetka, IL (Private Property) Artist: Jim Rennert Title: Really Edition of 3 Dimensions: 77" x 36" x 36'"' Approx Location: Cafe Aroma 749 Elm St, Winnetka, IL (Public Property) Agenda Packet P. 6

8 Attachment A Hoffmann Commercial Real Estate Art Locations Artist: Ruth Bloch Title: Joy Dimensions: 96" x 26" x 26" Approx Location: Ford & Brady Orthodontics 585 Lincoln Ave Winnetka, IL (Private Property) Artist: Ruth Bloch Title: In Dialogue Edition of 1 Dimensions: 52.5" x 58" x 29" Approx Location: Optique 561 Lincoln Avenue Winnetka, IL (Public Property) Agenda Packet P. 7

9 Attachment A Hoffmann Commercial Real Estate Art Locations Artist: Ruth Bloch Title: Flying Even Higher Edition of 1 Dimensions: 112" x 20" x 19.5" Approx Location: Trifecta 501 Chestnut Winnetka, IL (Public/Private Property) Artist: Bruce Niemi Title: Wind Whisperer VI Approx Location: Mirani s at Home 5617Lincoln Avenue Winnetka, IL (Public/Private Property) Agenda Packet P. 8

10 Attachment B October 31, 2017 Office of the Village Manager Re: Public Art Policy Dear Mr. Burns, Thank you for taking the time to meet with me on September 6, As the Village continues to examine a formal public art policy, I wanted to address requests that came up in that meeting. As discussed at this meeting, we must insist any art on public property be removed no later than November 30, I understand there are costs associated with moving the art, but from a snow removal and maintenance standpoint, we simply cannot allow them to remain in place. Year round placement will involve a more thorough analysis through our policy-making process. An optimum solution may be to move the art (Lincoln Avenue/Elm Street statute and bench statute in front of Optique) onto your private property, such as the courtyard of the Galleria. The artwork at the corner of Chestnut and Oak Streets could potentially be relocated into the outdoor patio, behind the wall, of Trifecta Grill. Our Downtown Master Plan Task Force has begun to meet and they will be tasked with reviewing our Streetscape Plan and how public art may be incorporated. By allowing the Task Force appropriate time to work on this item, I am confident we will have an efficient and comprehensive policy in place in time for the spring of We appreciate the continued investment and creative thinking by Hoffmann Commercial Real Estate to help differentiate Winnetka and make it a highly desirable location for retailers. I look forward to continuing to work together. Sincerely, Michael Martella Economic Development Coordinator Village of Winnetka Cc: Chris Rintz, Village President Robert Bahan, Village Manager 510 Green Bay Road, Winnetka, Illinois Agenda Packet P. 9

11 Attachment C 518 Hawthorn Lane Winnetka, Illinois July 9, 2018 Members of the Winnetka Village Council 510 Green Bay Road Winnetka, IL Dear members of the Winnetka Village Council: Approximately a year ago, I first saw an obstruction of great height, width, and depth on the northeast corner of Elm Street and Lincoln Avenue in the town I have called home for over 35 years. As I have observed, the figure of a man looks like it weighs at least a ton, blocks one s view, gets in the way of walkers, strollers, animals on leashes and bicyclists, and, for my taste, is as ugly as Sin. When I made inquiries as to its existence on the public right-of-way, I was told that it was not erected by any democratically chosen body or representative group within the Village, but that an individual set it there in its spot, and, as I can make out, the Village, as represented by the Winnetka Village Council, has not done a thing to remove it. At the time of this writing the figure still stands on the northeast corner of Elm Street and Lincoln Avenue in Winnetka, Illinois. When I made a personal inquiry in the Village Manager s office, leaving my name, address, and phone number, no one answered my query. What is going on? I know One Winnetka and the 2 nd Annual Music Fest have taken much of your time and attention of late, and you may well accuse me of, straining at a gnat, but I feel there is a principle involved here. Winnetka has a Design Review Board, we have a very active North Shore Art League, and we have a citizenry both active in and supportive of the fine and applied arts who have a long history of volunteering their time and expertise to their home village. Agenda Packet P. 10

12 Attachment C I, for one, am greatly bothered by the gnat and the much larger principle that an individual can claim public space for a structure that is very likely physically harmful and (easily proven) aesthetically displeasing to the community. And I am not alone. I will gladly collect signatures of others who think in like fashion. But is this necessary? Does common sense not apply? And what is the legal precedence for this? Yours respectfully, Mary Jo LaViolette 518 Hawthorn Lane Winnetka, Illinois maryjo.laviolette@gmail.com Agenda Packet P. 11

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24 Title: Agenda Item Executive Summary Presenter: Chris Rintz, Village President Agenda Date: 11/13/2018 Ordinance Resolution Bid Authorization/Award Consent: YES NO Policy Direction Informational Only Item History: The Village owns key properties in each of the business districts, including the parcel at 93 Green Bay Road and the Indian Hill Metra parking lot (Indian Hill); the Post Office site (Elm); and the parking deck (Hubbard Woods). Executive Summary: Discussion of Village-Owned Property These properties have been discussed intermittently by past Councils; however, no new uses to benefit community have been identified. Tonight, President Rintz would like to initiate a discussion with the Council regarding primarily these properties, and get their feedback prior to directing staff on any specific follow-up actions. Recommendation: Provide policy direction. Attachments: None. Agenda Packet P. 23