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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.
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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
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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
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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
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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