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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/17/2004 - SECOND READING OF ORDINANCE NO. 020, 2004, ADOPTIN ITEM NUMBER: 11 AGENDA ITEM SUMMARY DATE: February 17, 2004 FORT COLLINS CITY COUNCIL STAFF: Virgil Taylor Phil Carpenter SUBJECT Second Reading of Ordinance No. 020, 2004, Adopting Updated Rules and Regulations Governing Grandview and Roselawn Cemeteries and Amending Section 23-156 of the City Code Pertaining to Cemetery Rules and Regulations. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY This Ordinance, which was unanimously adopted on First Reading on February 3, 2004, amends Section 23-156, requiring that cemetery rules and regulations be adopted by ordinance rather than by resolution. It also authorizes a number of changes and updates to the Cemetery Rules and Regulations. The primary change is the offering of Saturday burials, including in-ground burials, entombments and inurnments, and establishing guidelines for the scheduling of Saturday burials. ORDINANCE NO. 020, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING UPDATED RULES AND REGULATIONS GOVERNING GRANDVIEW AND ROSELAWN CEMETERIES AND AMENDING SECTION 23-156 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO CEMETERY RULES AND REGULATIONS WHEREAS,the City operates two cemeteries,Grandview Cemetery and Roselawn Cemetery (the "Cemeteries") as part of its Cultural, Library and Recreational Services ("CLRS"); and WHEREAS, rules and regulations for the operation of the Cemeteries were adopted by the Council in 1983, and were most recently revised in 1996, and amended in 2000; and WHEREAS,the request that burials be allowed on Saturdays,as well as the addition of anew Memory Garden and changes in State law have required additions and changes to the existing rules; and WHEREAS, CLRS staff have reviewed and updated the previously adopted rules and regulations in order to clarify and correct them, and to add new rules where necessary; and WHEREAS, Section 23-156 of the City Code calls for the Council to adopt by resolution rules and regulations to govern the operation and maintenance of the Cemeteries, and states that the knowing violation of any such rules and regulations shall be unlawful; and WHEREAS, pursuant to Article 11, Section 6 of the City Charter, all legislative enactments establishing any rule or regulation for the violation of which a penalty is imposed or limiting the use of private property shall be by ordinance; and WHEREAS,staff recommends that Section 23-156 of the City Code be amended to state that cemetery rules and regulations be adopted by ordinance rather than resolution in order to make it consistent with the City Charter. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Rules and Regulations Governing Grandview and Roselawn Cemeteries are hereby repealed and readopted in the form that is on file in the City Clerk's Office and dated February 3, 2004. Section 2. That Section 23-156(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-156. Rules and regulations. (a) All cemeteries owned by the city shall be operated and maintained in accordance with rules and regulations adopted by the City Council by ordinance. Introduced, considered favorably on first reading, and ordered published this 3rd day of February, A.D. 2004, and to be presented for final passage on the 17th 4g of February, A.D. 2004. G Mayor ATTEST: City Clerk Passed and adopted on final reading this 17th day of February, A.D. 2004. Mayor ATTEST: City Clerk ITEM NUMBER: 21 AGENDA ITEM SUMMARY DATE: February 3, 2004 FORT COLLINS CITY COUNCIL STAFF: Virgil Taylor Phil Carpenter SUBJECT First Reading of Ordinance No. 020, 2004, Adopting Updated Rules and Regulations Governing Grandview and Roselawn Cemeteries and Amending Section 23-156 of the City Code Pertaining to Cemetery Rules and Regulations. y► RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT The Cemetery Division periodicallynee¢S�to rev its les and regulations to better >; meet the needs of the com ity. Obe of a an s an ed is the offering of Saturday burials, including in-ground rials, en�mbm .s um nts. Burial fees will be increased to cover the cost of providing aturday b uiat EXECUTIVE SUMMARY Every few years the Cemetery Division needs to revise/update its rules and regulations to better meet the needs of the community. Pursuant to Section 23-156 of the City Code, all cemeteries owned by the City shall be operated and maintained in accordance with rules and regulations adopted by the City Council by re$Rlunbe� ng .y4latio&,of such rules and regulations shall be unlawful. However,firticle' f pity Charter states that all legislative enactments establishing any rile or rer(If which a penalty is imposed or limiting the use of private pro" t shordinance. B�Cause violation of cemetery rules and regulations could result in a criminal penalty, and because the rights of interment purchased by the public could be considered private property rights, the cemetery rules and regulations should be adopted by ordinance, and they have been so adopted in the past. This Ordinance will amend Section 23-156 to require that cemetery rules and regulations be adopted by the City Council by ordinance rather than by resolution. It will also authorize a number of changes and updates to the Cemetery Rules and Regulations. The primary change is the offering of Saturday burials, including in-ground burials, entombments and inurnments, and establishing guidelines for the scheduling of Saturday burials. Other revisions include: February 3, 2004 -2- Item No. 21 • Firearms regulation. Section 6.14 restricting firearms in the cemeteries would be removed in order to comply with the new state law that went into effect in 2003. • New Memory Garden. The Memory Garden was built in 2001. This ordinance would establish regulations in Section 11.10 for its use and function. • Date changes in Sections 13.1 and 13.2 for Memorial Day artificial flower/wreath removal. It is necessary to change the dates allowed for artificial decorations to enhance turf grass maintenance, decrease unsightly decomposing floral arrangements and to not interfere with Fathers Day decorations. The new dates for displaying artificial Memorial Day flower/wreath arrangements would be May 15 to June 10. • Date change in Section;;P3:1 'and.13.2= r*—rf%h day}flower/wreath removal. These changes are necessary4b remova.dried h end g Wye blankets in February instead of March because they df ;out, turn brow n decompose causing litter. The new dates for displaying winter holiday flower/ gementAould be December 1 to February 1. • Changes to Sections 13.1 and 13.2 clarifying what types of items and materials may not be placed on cemetery grounds. • Bonding requirement. On the advice of the Finance Department, the bonding requirement in Section 14.1.5 is being removed. The insurance requirement will be retained. • Increasing the required thickness of memorials in Section 14.2. The thickness of flat memorials is four inches industly standard. This re.¢uces memorial breakage when vehicles are driven ove ahem:- w TE • Changes and addition to Secti` 14.3 g R 'awn's Garden of Remembrance section would be madeo cla es orials th#t can be used, where veterans and ." families can be buried, an what sections are open to the general public. • Housekeeping items throughout. This includes correction of typos, capitalization of words, and changes to some language in the Rules and Regulations to make it easier for the staff and public to understand them. A copy of the revised Rules and Regulations dated February 3, 2004, is on file for review in the City Clerk's Office. �R �