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HomeMy WebLinkAbout14 - E-Packet 5-21-07_Resolution No_ 4022, Sunset Hills Cemetery Monumen_14 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Ron Dingman, Park and Recreation Superintendent Chris Kukulski, City Manager SUBJECT: Resolution No. 4022, Sunset Hills Cemetery Monument Setting MEETING DATE: May 21, 2007 RECOMMENDATION: Staff recommends that the City Commission approve Resolution No. 4022 to adopt the revised Sunset Hills Cemetery Rules and Regulations for Monuments, Headstones and Markers and Placing, Setting or Erecting the Same. BACKGROUND: In 1977 the Cemetery Board, at that time an administrative Board, developed and approved a resolution adopting a set of standards for the placing, setting or erecting of monuments, headstones and markers. The City of Bozeman has enforced these standards since that time. Approximately 3 years ago, Bozeman Granite Works began setting monuments in a fashion which did not comply with these standards. Upon notification to the owner of Bozeman Granite Works of this violation, City staff entered into discussions with the owner on the interpretation of the resolution requirements. After several meetings with Cemetery staff and with Bozeman Granite Works, some changes in wording were made, to help alleviate confusion, and the overall outline of the resolution was simplified. All of these discussions and changes have been reviewed by the City’s legal office. 242 RECOMMENDATION: Staff recommends that the City Commission approve the Resolution 4022 to adopt the revised Sunset Hills Cemetery Rules and Regulations for Monuments, Headstones and Markers and Placing, Setting or Erecting the Same. FISCAL EFFECTS: By having these updated standards officially adopted by the City Commission the Cemetery staff will be able to insure that monuments are set correctly. This will alleviate problems associated with maintenance and burial set up which are caused by improper foundation installation. ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, _________________________________ ____________________________ Ron Dingman, Parks and Recreation Superintendent Chris A. Kukulski, City Manager Attachments: Explanation report and photos Report compiled on May 14, 2007 243 1 RESOLUTION NO. 4022 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING UPDATED RULES AND REGULATIONS FOR MONUMENTS, HEADSTONES, AND MARKERS, AND PLACING, SETTING OR ERECTING THE SAME AT SUNSET HILLS CEMETERY, AS RECOMMENDED BY THE CITY OF BOZEMAN CEMETERY BOARD. WHEREAS, the City of Bozeman has established and regulates Sunset Hills Cemetery, as authorized by Section 7-35-4101, MCA, and WHEREAS, the Cemetery Board has been created by Resolution of the City Commission as provided for in Section 2.76.030, BMC, and WHEREAS, Section 2.76.040, BMC states that the Cemetery Board is responsible for promulgating rules and regulations for the administration of the cemetery, and WHEREAS, the Cemetery Board initiated the preparation of updated rules and regulations for the adorning of the cemetery and erecting of monuments, headstones, and markers on the cemetery lots, and WHEREAS, the Cemetery Board held a meeting on Thursday, February 8, 2007, to receive and review proposed updated rules and regulations for monuments, headstones, and markers, and placing, setting or erecting same, and WHEREAS, the Cemetery Board recognized the need for revision of existing rules and regulations to protect the beauty and attractiveness of Sunset Hills Cemetery and to insure a continuing plan for placing, setting or erecting monuments, headstones and markers, hereafter referred to as monuments, and on a unanimous vote forwarded a recommendation of approval for the proposed updated rules and regulations for monuments, headstones, and markers, and placing, setting or erecting same to the City Commission, and WHEREAS, the City Commission finds that the updated rules and regulations proposed 244 2 by the Cemetery Board would serve to provide proper management, maintenance and control of the Sunset Hills Cemetery and comply with Section 2.76.040, BMC. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that: Section 1 That pursuant to Section 7-35-4108, MCA and Section 2.76.040, BMC, it adopts the updated rules and regulations for monuments, headstones, and markers, and placing, setting or erecting same at Sunset Hills Cemetery and that the text shall read as follows: See Exhibit A. Section 2 Severability. If any provisions of the updated rules and regulations for monuments, headstones, and markers, and placing, setting or erecting same at Sunset Hills Cemetery, or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of the updated rules and regulations which may be given effect without the invalid provision or application and, to this end, the provisions of this amended neighborhood plan are declared to be severable. Section 3 Savings Provision. These updated rules and regulations do not affect the rights or duties that matured, penalties and assessments that were incurred or proceedings that began before the effective date of this resolution. Section 4 245 3 Effective Date. These updated rules and regulations shall be in full force and effect upon passage. DATED this 21st day of May 2007. JEFFREY K. KRAUSS Mayor ATTEST: ____________________________________ BRIT FONTENOT City Clerk APPROVED AS TO FORM: ___________________________________ TIM COOPER Assistant City Attorney 246 EXHIBIT A CITY OF BOZEMAN RULES AND REGULATIONS FOR MONUMENTS, HEADSTONES AND MARKERS AND FACING, SETTING OR ERECTING THE SAME IN SUNSET HILLS CEMETERY Foundation work and erection of monuments, headstones and markers shall be under the supervision of the Parks and Recreation Superintendent or his authorized representative who shall have authority to stop such work at any time when it is found to be not in conformity with the following rules and regulations. 1. Monuments, headstones and markers to be placed or erected in Sunset Hills Cemetery must be of natural stone only, and of good quality. 2. Metal plates affixed to monuments or headstones must be bronze. Small temporary grave markers of other metal materials or of wood will be temporarily permitted for a maximum period of one (1) year following interment. 3. Prior to the setting or erecting of each and every monument in Sunset Hills Cemetery, a permit shall be secured at City Hall, 411 E. Main Street, Bozeman, Montana, for which a fee of $15.00 shall be paid. Permits must be presented to Superintendent or his authorized representative, and site location must be confirmed 24 hours prior to any work. 4. Each monument shall be placed in a concrete foundation, to a depth of at least one inch. Foundations shall be subject to approval by the Parks and Recreation Superintendent or his authorized representative. Foundations shall be at least four inches (4”) in depth or deeper depending on size of stone. No preset foundations shall be allowed. 5. Each foundation shall be so placed that the west line of it shall be on the line of the parallel with the west line of the cemetery lot or lots on which it is to be placed. Exceptions to these required locations will only be made in the location of “Family Stones”. 6. Family stones shall be set in the center of family plots consisting of four or more lots, and the exact location of such “family stones” shall in each case be approved by the Superintendent by endorsement on the permit for such erections. 7. The top or finish course of every foundation shall be poured in a form and troweled smooth and edged. 1247 8. Foundations shall be constructed so that, when finished, its top surface shall be level and flush with the surrounding ground within ± one inch. 9. The flat rectangular base shall be seven inches wider on all sides than the base of the stone. 10. Permanent flower vases will be permitted only on the end of foundations. 11. All markers in blocks 152 and 153 shall be flat stones, and shall be set so that the top surface shall be level and flush with the surrounding ground within ± one inch. 12. The erection or placing of foot markers shall not be permitted in Sunset Hills Cemetery except in family plots of four (4) or more lots and then only with written approval of the Superintendent of Sunset Hills Cemetery or his authorized representative. 13. Persons engaged in setting or erecting monuments are prohibited from attaching ropes to trees and shrubs, scattering materials on the ground any longer than absolutely necessary and, in all cases, required to conduct their work in a neat and workmanlike manner and in accordance with the rules of the Cemetery. 14. Persons engaged in setting or erecting monuments shall not drive trucks off regularly designated roadways unless specifically authorized by the Superintendent or his designee. 15. Persons engaged in setting or erecting monuments shall not leave dirt from foundation excavations, waste from concrete mixing or other debris on the ground. 16. Persons engaged in setting or erecting monuments shall have all completed work approved by the Superintendent or his representative as designated on the permit. 17. Persons engaged in setting or erecting monuments shall guarantee all foundations for two (2) years. 18. These regulations shall apply to all sections of Sunset Hills Cemetery. 19. Any person, persons, company or corporation engaged in or proposing to engage in the erection of monuments, headstones, or markers in Sunset Hills Cemetery is hereby required to post a one time bond of $150.00 in cash, to guarantee that any and all work will be performed in accordance with the rules and regulation of Sunset Hills Cemetery. When any person, persons, company, or corporation has completed and discontinued the setting, placing or erection of monuments in Sunset Hills Cemetery, and all work has been approved by the Superintendent or his designee, the cash bond required herein, or any unused part thereof, shall be returned to the party posting the bond. 2248 May 14, 2007 Improper setting of monuments The City of Bozeman Sunset Hills Cemetery has a set of Rules and Regulations for the placing and setting of Monuments, Headstones and Markers, adopted by the Cemetery Board on 3/18/77. A copy of these Rules and Regulations is included with this report. Also included is a copy of the proposed revised version of these regulations. In order to create an aesthetic and uniform Cemetery environment, and to facilitate efficient maintenance and burial practices, the City of Bozeman has developed these standards by which all contractors working within the Sunset Hills Cemetery must abide. These standards are the result of years of experience, consultation with other cemeteries and careful consideration to not only the Cemetery staff, but to the contractors as well. There have been several violations to these standards over the years by Bozeman Granite Works (BGW). The first formal notification of these was made to BGW in writing (copy enclosed, comments in writing are Tom Olson’s) by James Goehrung, the Superintendent at that time, on December 21, 1999. To the best of my knowledge, those violations were addressed by BGW. About three (3) years ago Bozeman Granite Works (BGW) began setting their monuments improperly. After being notified by Cemetery staff on numerous occasions, Bozeman Granite Works (BGW) continued to install monuments using the same improper practice. Essentially the Cemetery requires that the foundation for monuments be “level and flush with the surrounding ground within +/- one inch (1”)”. This is quoted from the revised version in which the words “and flush” and the wording “within +/- one inch (1”)” have been added at the recommendation of Tom Olson, owner of BGW. Pictured below are proper installations. Note that the concrete on which the monument sets is flush with the surrounding ground (below and left). This allows for the mower deck to mow around the stone eliminating most weed eating. It also allows the boards on which the casket lowering device sets, to be flat. (Pictured below and right) 249 When the foundation is not “level and flush” it causes problems for these actions. It is not possible to ride the mower deck over the concrete to catch the grass growing at the edge and the lowering device boards require shimming to keep them level. Pictured below is a monument set improperly by BGW. The concrete is poured level with the base of the monument and slopes off on the downhill side (below left) at an angle which prevents the mower deck from being able to float over the top of the foundation to cut the grass growing at the edges. Note the angle of the board and the block on which the lowering device sets (below right). Without a significant amount of shimming, the lowering device will not be stable, which is extremely critical. Below is a picture of one of our steepest sloped blocks in the Cemetery, measured with a slope meter. The foundations are all flush with the ground and present a uniform appearance. 250 The following photos illustrate that it is possible to follow our standards. Note that the improperly set Pickett monument and the properly set Davis monument (below) are in the same block and slope and next to one another. 251 These monuments are also on the same slope and block and close to one another. The Lodge monument foundation slopes drastically on the downhill side and the Shaw foundation is flush with the surrounding ground. 252 This is a photo taken at the Arlington Cemetery recently. Notice that all of the monuments are vertically straight and that there is no sloping concrete edge coming off of the downhill side. The revised resolution before you is the result of input from Tom Olson, owner of BGW and City of Bozeman Cemetery and Legal staff. In order to make the Rules and Regulations governing the setting of Monuments, Headstones and Markers clearer and easier to understand, I am recommending that the proposed revised Resolution be approved by the City Commission. Changes to the City of Bozeman Rules and Regulations for Monuments, Headstones and Markers and Facing, Setting or Erecting the Same in Sunset Hills Cemetery include; * The Words “Exhibit A” added to the top of the document. * Simplified introduction and overall format. * The words “temporarily permitted for a maximum period of 1 year” in item 2. * Address “411 E. Main” in item 3. * The words “within +/- one inch” added to item 8 for flexibility. * The word “flat” added to item 9 for clarification. * The words “and flush” and “within +/- one inch” added to item 11 for clarification. * Amount of required bond to be posted increased from $35 to $150 in item 19. 253 254 255 256 257 258