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HomeMy WebLinkAboutMO # 1354155 MUNICIPAL ORDER NO. 1354 A MUNICIPAL ORDER ESTABLISHING A MEMORIAL, MONUMENT POLICY FOR CITY OF PADUCAH PROPERTY BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah hereby establishes a Memorial, Monument Policy for City of Paducah Property as follows: 1.0 DEFINITIONS: 1.1 For the purpose of this policy, Memorials and Monuments shall include but not be limited to: A. Simple plaques. Are those mounted flush with the ground. The size should be appropriately designed per the limitations and consideration of the setting. B. Adorned plaques. Are those installed as part of a larger, more intrusive setting. These plaques include installations such as those that are pedestal mounted. C. Sculpture and other art works. Are those including but not limited to representational, non-objective, contemporary, and abstract pieces in a wide variety of artistic mediums such as metal, glass, bronze, ceramic, wood, etc. Artworks that are integrated into a placement or setting will be strongly encouraged. Sculpture and other forms of art work on private property will be required to be in compliance with Section 126- 86 of the Paducah Zoning Regulations and will not be required to be in compliance with this policy. D. Fountains. Fountains may be fairly simple or large and complex. They will require additional consideration and review because of the infrastructure required (plumbing and electrical) and additional maintenance implied. E. Memorial gardens and plazas. May include some of the objects listed above but include a spatial experience. 1.2 Accessories. Basic park accessories and amenities such as landscaping, site furnishings, benches, seating, picnic tables, drinking fountains, sun dials, shade structures, mosaics, unique pathways etc. The Director of Parks may waive the submittal and approval requirements depending on the complexity of the submittal. 1.3 Private Property. Private property is defined as properties not owned by the City of Paducah. Any memorials or monuments on private property shall comply with all applicable City of Paducah ordinances. 2.0 POLICY STATEMENT: The following policy shall serve as a guide for processing requests regarding placement of memorials and monuments in City of Paducah properties whereby individuals or groups desire to honor an individual, organization or event beneficial to the greater good of the community. The subject for any new memorial should be limited to the following: 2.1 An individual or association that has direct ties to Paducah and has made an outstanding contribution to the cultural, political or social development of the City of Paducah. 2.2 An important anniversary of an event unique and highly significant to the City's history and development. 2.3 Historical or other culturally significant event related to a particular site. 156 2.4 No new memorial should be considered that commemorates a person, event or occasion already memorialized in the City unless circumstances are truly exceptional. 3.0 POLICY STATEMENT: The City of Paducah is committed to protecting open spaces while providing opportunities for appropriately designed monuments, memorials. 3.1 Donors of memorials are asked to consider the primary uses of public parks, recreation areas, and open spaces in their request for a location or suitable site. 3.2 All proposed monuments or memorials should relate to their proposed site based on the subject matter of the monument and the uses or history of the site. 3.3 The quality, scale, and character of the memorial must be in proportion with the particular location or setting. 3.4 Memorial proposals should represent the values of the community and attempt to be considerate of future generations. 3.5 The donors of the proposed memorial are required to pay for design, manufacturing, and installation. 3.6 Permanent memorials should be made from durable material and designed by a qualified professional in the field appropriate to the size, scale and complexity of the proposal. 3.7 Maintenance concerns should be a primary consideration, with adequate provision made for continued future maintenance. 3.8 Plaques with text or images will be evaluated to insure that they are in keeping with character of the existing plaques and text in the community. 3.9 The memorial must not create any public safety or security issues. 3.10 All new memorials must meet ADA requirements by providing accessibility to all park users. 3.11 The location of the memorial will not be contrary to any master plans or planned capital expenditures. Each request will be reviewed and recommendation made as to the appropriateness of the memorial in regard to the location, and possible alternate sites may be recommended. 3.12 It is recognized that a particular location may reach a saturation point and would then be appropriate to consider limitations or a moratorium of future memorial installations at a particular location or area. 3.13 Improvements made on City of Paducah properties become the property of the City of Paducah. 3.14 Improvements made by the City of Paducah shall not be required to obtain approvals in compliance with this policy. 4.0 PROCEDURES: The following shall serve as guidelines in the administration of this policy. 4.1 Basic Conditions for Approval: Approving or denying any gift, memorial or tribute is wholly within the discretion of the Board of Commissioners regardless of whether the proposal meets the following approval criteria. Approval criteria focus on the following categories: 4.1.1 All Inclusive Costs: The cost of design, fabrication, plaques, transportation, installation, site preparation work, foundation, lighting, electrical, permits, business licenses, etc. must be financed by the requesting party. The memorial proposal shall include all-inclusive costs and any exclusion shall be stated clearly in the proposal. Additionally, any party hired or employed by the requesting party must have a City of Paducah business license and provide proof of insurance that may include, but not limited to: general liability, automobile insurance, professional liability insurance, workman's compensation coverage, and others as required by the City of Paducah. 4.1.2 Location/Site: All proposed monuments or memorials must relate to and support their proposed site and/or community. Any party proposing to install a monument or memorial must propose a preferred site (general location) along with an explanation of the significance and relationship to the site. As part of the application 157 process the Parks Services Director may require the applicant to submit additional sites at his request. The proposed site should enhance a location for facility users without diminishing the ability to offer open space; the quality, scale, and character of the memorial must be at a level corresponding with the location, setting and surrounding uses; the proposed site must include existing and proposed development, trees, and utility locations; and the site proposal should illustrate visual and physical accessibility. Evidence should be given showing secondary sites on private property or other public properties were considered. 4.1.3 Project Design: The quality, scale, and character of the memorial must be at a level commensurate with the particular location; the memorial contributes to the aesthetic quality of the park setting. 4.1.4 Maintenance: In general, the City of Paducah may consider accepting maintenance responsibilities of approved memorials if the memorial meets City of Paducah standards for construction and material. However, complex or large memorials that require significant and costly maintenance may require insurance, bond or endowment fund, and a maintenance schedule by the memorial donor adequate to ensure its care conditions satisfactory to the donor and the City of Paducah. If an adequate level of maintenance is not continued, the City of Paducah reserves the right to remove or modify the memorial or a portion of the memorial. If the City of Paducah commits to maintaining a particular memorial, and the City of Paducah is not able to maintain the memorial at a level satisfactory to the donor, the donor shall have the opportunity to supplement maintenance as required and agreed upon by the City of Paducah. 4.1.5 All work within the City right-of-way shall require a permit issued by the City Engineer's office in accordance with the City of Paducah's Code of Ordinances. Notification shall be given to the City Engineer's office 48 hours prior to beginning work within the right-of-way. 4.2 Approval Process: The following guidelines provide a step-by-step procedure for application to request approval for a monument placed in a city park. 4.2.1 Public Monument Committee (PMC) A Public Monument Committee, consisting of five (5) members, shall be established. The PMC shall consist of one (1) member of the Civic Beautification Board appointed by the Civic Beautification Board. One (1) concerned and interested citizen of the City of Paducah appointed by the City Commission. This citizen shall serve a four (4) year term. One (1) member shall be a member of the City Commission. One member shall be the Parks Services Director and one (1) member shall be the Planning Director. The City Commissioner shall act as the Chairman of the PMC. 4.2.2 Initial Feasibility Consultation: Applicants desiring to place a memorial or monument should submit a letter to the City Manager and the Parks Services Director that outlines in detail the main purpose, location and concept of their proposal. Staff will then schedule a meeting with the applicant and advise him/her of the contents of this policy, the appropriateness of the proposed memorial or monument, and the necessary process to complete the application. The City Manager and or the Parks Services Director may request additional sites and or designs be submitted for review as part of the written proposal. 4.2.3 Written Proposal: Once the initial feasibility of the proposed monument or memorial has been established, the applicant will 158 then be requested to submit a written proposal. The proposal shall contain as much detailed information as possible regarding the design, including a computer generated rendering of the site or sites, the size and construction materials, appropriateness of the preferred site, wording, sketches, artist renderings, life expectancy and term of the memorial, and estimated costs. In some cases, a developed maintenance plan may also be a requirement. The written proposal must be submitted to the Parks Services Director 30 days prior to the proposal review. 4.2.4 Proposal Review: The Parks Services Director shall meet with the PMC (Public Monument Committee) at its regularly scheduled meeting to review any proposals and to make a recommendation to the City Commission. The PMC shall evaluate the quality, validity and significance of the requested memorial. The PMC shall also consider appropriateness of the site location, size, shape and design as well as general aesthetics in its review. 4.2.5 Conceptual Approval, Modification or Disapproval: Upon completion of the proposal review, the PMC will recommend accepting, rejecting, or modifying the proposal. This recommendation will be forwarded in writing to the City Commission. 4.2.6 If the PMC find that the memorial meets all desired standards for inclusion in a park or public environment, it will make the final recommendation to the City Commission. 4.2.7 If the PMC recommends rejection of the proposal, unless the City Commission requests a review of the proposal, the PMC recommendation is final. 4.2.8 Should the PMC recommend conceptual approval with or without modifications of one of the proposals, the requesting party will then be required to complete the following steps before presentation to the City Commission for its approval: A. Prepare any additional proposal requests as part of the conceptual approval as requested by the PMC. B. Provide evidence of financing or fund raising activities. C. Submit proof of insurance requirements for review by staff. D. Notify and submit conceptual proposal, if necessary, for review to appropriate park user groups/organizations and/or neighboring business associations that may be affected by the location of the memorial. Provide the City Commission with comments and feedback from these organizations. E. Provide all site plans, detailed design and schematic drawings as may be required for City staff review. F. Finalize any engineering, structural, lighting or other similar review of the memorial proposal. If there are questions (utility locations and impacts, etc.) regarding the proposed site, these concerns must be addressed before the proposal can be placed on the City Commission's agenda for its action. G. As is appropriate, provide documentation concerning the name of the foundry, the type of material, the type of coating and finish, and the artist's conceptual idea for the memorial. H. Provide all wording and text proposed for the monument/memorial. 4.2.9 Once the requirements listed above have been completed, the proposal will be placed on the regularly scheduled meeting agenda of the City Commission. The City Commission will consider all information, including the PMC recommendation, staff 159 recommendation, the written proposal and concepts, and public testimony in its decision making process. The City Commission may authorize the placement of the proposed memorial; it may request modification of the proposal; it may reject the proposal, or it may request additional information on the proposal. The decision of the City Commission is final unless it chooses to reconsider its decision. The requesting party will be required to enter into a contractual agreement with the City of Paducah prior to commencement of the work and shall obtain all necessary permits, licenses, and fees required for the project. 5.0 GENERAL INFORMATION: 5.1 The City of Paducah will control and determine the spacing and placement of all memorials on City of Paducah property 5.2 Should circumstances arise which require the relocation of the memorial, the City of Paducah will work with the memorial's representative to arrange for a satisfactory alternate location. Provisions for covering the cost of any memorial relocation will be the responsibility of the donor. 5.3 Memorials will be maintained by the City of Paducah in accordance with existing agreements commencing with the effective date of the agreement. In the event that a monument is damaged and/ or vandalized, the City of Paducah will, as it deems necessary, take any immediate and/or temporary action to secure and make safe the memorial and surrounding area. The City of Paducah reserves the right to remove a monument. 5.4 The City may require a perpetual insurance fund be established by the monument or memorials donors for the replacement of the monument due to natural disaster, accident or vandalism. 5.5 In the event of replacement or upgrading, the original memorial plaque may be reused or replaced with a new plaque at the donor's direction and expense. In the event that the memorial is to be discontinued, the plaque will be offered at no charge to the donor or his/her heirs. 6.0 RESPONSIBILITY: The Parks Services Director, acting under the general supervision of the City Manager, shall be responsible for the overall coordination for this process. SECTION 2. This municipal order shall be effective from and after the date of its adoption. ATTEST: Tammara S. Brock, City Clerk Adopted by the Board of Commissioners December 11, 2007 Recorded by Tammara S. Brock, City Clerk December 11, 2007 \no\rnonument policy