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Item 1.R.
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| City Council Regular | |
| Date: | 01/22/2024 |
| Title: | Cemetery Code Changes |
| Presented by: | Brandon Schmidt |
| Department: | Parks/Rec/Public Lands |
| Presentation: | No |
| Legal Review: | Yes |
| Project Number: | N/A |
RECOMMENDATION
Staff recommends that the City Council, after holding a public hearing and considering public comment, make a motion to approve the ordinance, revising city code article 8-300 and repealing ordinance 03-5240.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
Section 8-304 – lot conveyances
Reads – The mayor is authorized and empowered to execute on behalf of the city… to receive applications for, and to issue burial permits
Recommend – The city administrator or his/her designee is authorized to receive applications for, and to issue burial permits
Justification - Current process of scheduling/conducting a burial does not include attaining Mayor’s approval. Adding this step into the process is unnecessary and would delay providing services to the community . Recommend assigning this task to city administrator or designee.
Section 8-312 – advertisements
Reads – No advertisement or marketing of products in any form shall be permitted within the cemetery.
Recommend - Advertisement or marketing of products shall be permitted within the cemetery office and at information kiosks. The cemetery may display marketing material for products and services provided by the cemetery, on cemetery common grounds. During special events the cemetery supervisor may authorize marketing material on cemetery common grounds.
Justification - Change would allow cemetery to sell advertising space to businesses that provide funeral and monument services. During special events would allow event sponsors to display promotional material.
Section 8-320 – multiple burials
Reads - … Only one cremated remains may be buried in a grave in the cremation section of the cemetery.
Recommend adding - (c) A maximum total of two (2) cremated remains may be buried in a grave marked for cremation only, outside of the cremation section.
Justification - Several sites have been identified in which a grave was not plotted because it would not fit a casket. These sites are suitable as cremation graves and can accommodate the interment of two (2) cremated remains.
Section 8-325 – flower receptacles
Reads –
(a) All ground level receptacles shall be standard, furnished and installed by the city at cost.
(c) Only one (1) receptacle per grave shall be allowed.
Recommend –
(a) All ground level receptacles shall be standard, furnished and installed by the city.
(c) Only one (1) receptacle per grave shall be allowed, and shall be placed at the head of the grave.
Justification –
(a) Allows cemetery to charge market value
(c) As currently written, a flower receptacle can be placed anywhere on the grave. This makes maintenance more difficult, in that it requires staff to weave in-between receptacles.
Section 8-326 – ground level flowers
Reads – No artificial or manmade flowers shall be allowed in ground-level flower containers or allowed to be set or laid on the ground in the cemetery from October 15th through May 15th with the exception of holiday decorations. Ground-level, holiday grave decorations shall be allowed three (3) days before and three (3) days after the holiday. Christmas decorations are allowed from December 15th through the first week of the New Year.
Recommend –
(a) Ground level flowers/decorations are only allowed in city furnished flower receptacles. Any inappropriately placed ground level flowers/decorations will be removed and discarded by the city.
(b) Ground-level flower receptacles are not to be used from October 15th through May 15th.
(c) Exception to subsections (a) and (b) is granted for cultural holiday decorations. This includes birthdays, date of death, and anniversaries, provided they are clearly marked on the monument. Ground-level, holiday grave decorations shall be allowed three (3) days before and three (3) days after the holiday.
(d) Christmas decorations are allowed from the day after Thanksgiving through the first week of the New Year.
(e) Memorial Day decorations are allowed from May 15th up until the first Monday following Memorial Day. Memorial Day decorations in the cemetery’s Veteran’s section are allowed until June 7th.
Justification – Current wording is confusing and doesn’t accurately convey its intent.
(a) Ground level flowers are only allowed in cemetery provided flower receptacles. If the community were allowed to place flowers anywhere, staff would not be able to efficiently care for the cemetery, and we would not be able to maintain the standards that the community expects.
(b) Use of ground level flower receptacles are not allowed in the winter months. They are likely to get concealed by snow and create a tripping hazard or cause damage/be damaged by equipment used in the preparation of burials.
(c) Further clarifies “holiday”
(d) Expands window for Christmas decorations due to the tradition of decorating on Thanksgiving weekend.
(e) Memorial Day is not address in the current code
Section 8-331 – monument regulations
Reads – (b) All upright monuments and flat grave markers shall be of natural granite except those specified by the federal government in the veteran sections. No bronze plaques or metal plates shall be attached to the natural granite.
Recommend – Remove “No bronze plaques or metal plates shall be attached to the natural granite.” from (b), and add
(c) Bronze plaques may be attached to granite markers, provided they are affixed to the marker with metal studs. Placement of any bronze plaque shall be completed by a bonded monument company after receiving a monument permit from the cemetery supervisor. The city is not responsible for any damage to a marker while attaching a plaque or any lost or stolen plaques.
Justification - The specific request to the city, was to allow VA furnished medallions to be attached to grave markers, as many other cemetery's allow. If we are to allow VA medallions, I believe the proper thing to do is allow anyone to place a medallion or plaque on a marker, provided it is installed in accordance with recommended method.
Section 8-334(a) – miscellaneous provisions
Reads – (a) All caskets or other burial containers shall be placed in domes or vaults constructed of materials specified by the city.
Recommend – (a) Vault-less burials are allowed for an additional charge, provided the deceased is wrapped in a shroud, or placed in a cardboard or wicker casket. All other caskets or other burial containers shall be placed in domes or vaults constructed of materials specified by the city.
Justification – Allows community to have a “Green Burial” if they desire.
Section 8-334(h) – miscellaneous provisions
Reads – (h) The normal cemetery business hours for burial are from 9:00 a.m. to 4:00 p.m., Monday through Friday and from 9:00 a.m. to 2:00 p.m. on Saturday. For burial services that start after 4:00 p.m. on Monday through Friday or after 2:00 p.m. on Saturday, a late overtime fee will be charged.
Recommend – (h) The normal cemetery business hours for burial are from 9:00 a.m. to 3:00 p.m., Monday through Friday and from 9:00 a.m. to 2:00 p.m. on Saturday. For burial services that start after 3:00 p.m. on Monday through Friday or after 2:00 p.m. on Saturday, a late overtime fee will be charged.
Justification - If a service starts at 4:00 PM, staff will likely not be done closing the grave until 5:30 PM or later. A casket burial requires two (2) staff members to be present, therefore during staff’s summer schedule this would require a minimum of two (2) hours of overtime, or during their winter schedule, four (4) hours of overtime.
Reads – The mayor is authorized and empowered to execute on behalf of the city… to receive applications for, and to issue burial permits
Recommend – The city administrator or his/her designee is authorized to receive applications for, and to issue burial permits
Justification - Current process of scheduling/conducting a burial does not include attaining Mayor’s approval. Adding this step into the process is unnecessary and would delay providing services to the community . Recommend assigning this task to city administrator or designee.
Section 8-312 – advertisements
Reads – No advertisement or marketing of products in any form shall be permitted within the cemetery.
Recommend - Advertisement or marketing of products shall be permitted within the cemetery office and at information kiosks. The cemetery may display marketing material for products and services provided by the cemetery, on cemetery common grounds. During special events the cemetery supervisor may authorize marketing material on cemetery common grounds.
Justification - Change would allow cemetery to sell advertising space to businesses that provide funeral and monument services. During special events would allow event sponsors to display promotional material.
Section 8-320 – multiple burials
Reads - … Only one cremated remains may be buried in a grave in the cremation section of the cemetery.
Recommend adding - (c) A maximum total of two (2) cremated remains may be buried in a grave marked for cremation only, outside of the cremation section.
Justification - Several sites have been identified in which a grave was not plotted because it would not fit a casket. These sites are suitable as cremation graves and can accommodate the interment of two (2) cremated remains.
Section 8-325 – flower receptacles
Reads –
(a) All ground level receptacles shall be standard, furnished and installed by the city at cost.
(c) Only one (1) receptacle per grave shall be allowed.
Recommend –
(a) All ground level receptacles shall be standard, furnished and installed by the city.
(c) Only one (1) receptacle per grave shall be allowed, and shall be placed at the head of the grave.
Justification –
(a) Allows cemetery to charge market value
(c) As currently written, a flower receptacle can be placed anywhere on the grave. This makes maintenance more difficult, in that it requires staff to weave in-between receptacles.
Section 8-326 – ground level flowers
Reads – No artificial or manmade flowers shall be allowed in ground-level flower containers or allowed to be set or laid on the ground in the cemetery from October 15th through May 15th with the exception of holiday decorations. Ground-level, holiday grave decorations shall be allowed three (3) days before and three (3) days after the holiday. Christmas decorations are allowed from December 15th through the first week of the New Year.
Recommend –
(a) Ground level flowers/decorations are only allowed in city furnished flower receptacles. Any inappropriately placed ground level flowers/decorations will be removed and discarded by the city.
(b) Ground-level flower receptacles are not to be used from October 15th through May 15th.
(c) Exception to subsections (a) and (b) is granted for cultural holiday decorations. This includes birthdays, date of death, and anniversaries, provided they are clearly marked on the monument. Ground-level, holiday grave decorations shall be allowed three (3) days before and three (3) days after the holiday.
(d) Christmas decorations are allowed from the day after Thanksgiving through the first week of the New Year.
(e) Memorial Day decorations are allowed from May 15th up until the first Monday following Memorial Day. Memorial Day decorations in the cemetery’s Veteran’s section are allowed until June 7th.
Justification – Current wording is confusing and doesn’t accurately convey its intent.
(a) Ground level flowers are only allowed in cemetery provided flower receptacles. If the community were allowed to place flowers anywhere, staff would not be able to efficiently care for the cemetery, and we would not be able to maintain the standards that the community expects.
(b) Use of ground level flower receptacles are not allowed in the winter months. They are likely to get concealed by snow and create a tripping hazard or cause damage/be damaged by equipment used in the preparation of burials.
(c) Further clarifies “holiday”
(d) Expands window for Christmas decorations due to the tradition of decorating on Thanksgiving weekend.
(e) Memorial Day is not address in the current code
Section 8-331 – monument regulations
Reads – (b) All upright monuments and flat grave markers shall be of natural granite except those specified by the federal government in the veteran sections. No bronze plaques or metal plates shall be attached to the natural granite.
Recommend – Remove “No bronze plaques or metal plates shall be attached to the natural granite.” from (b), and add
(c) Bronze plaques may be attached to granite markers, provided they are affixed to the marker with metal studs. Placement of any bronze plaque shall be completed by a bonded monument company after receiving a monument permit from the cemetery supervisor. The city is not responsible for any damage to a marker while attaching a plaque or any lost or stolen plaques.
Justification - The specific request to the city, was to allow VA furnished medallions to be attached to grave markers, as many other cemetery's allow. If we are to allow VA medallions, I believe the proper thing to do is allow anyone to place a medallion or plaque on a marker, provided it is installed in accordance with recommended method.
Section 8-334(a) – miscellaneous provisions
Reads – (a) All caskets or other burial containers shall be placed in domes or vaults constructed of materials specified by the city.
Recommend – (a) Vault-less burials are allowed for an additional charge, provided the deceased is wrapped in a shroud, or placed in a cardboard or wicker casket. All other caskets or other burial containers shall be placed in domes or vaults constructed of materials specified by the city.
Justification – Allows community to have a “Green Burial” if they desire.
Section 8-334(h) – miscellaneous provisions
Reads – (h) The normal cemetery business hours for burial are from 9:00 a.m. to 4:00 p.m., Monday through Friday and from 9:00 a.m. to 2:00 p.m. on Saturday. For burial services that start after 4:00 p.m. on Monday through Friday or after 2:00 p.m. on Saturday, a late overtime fee will be charged.
Recommend – (h) The normal cemetery business hours for burial are from 9:00 a.m. to 3:00 p.m., Monday through Friday and from 9:00 a.m. to 2:00 p.m. on Saturday. For burial services that start after 3:00 p.m. on Monday through Friday or after 2:00 p.m. on Saturday, a late overtime fee will be charged.
Justification - If a service starts at 4:00 PM, staff will likely not be done closing the grave until 5:30 PM or later. A casket burial requires two (2) staff members to be present, therefore during staff’s summer schedule this would require a minimum of two (2) hours of overtime, or during their winter schedule, four (4) hours of overtime.
ALTERNATIVES
City Council may:
- Approve; or,
- Not Approve
FISCAL EFFECTS
None