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HomeMy WebLinkAboutE- Packet 06-11-2007_Resolution No_ 4022, Sunset Hills Cemetery Monumen_13 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Ron Dingman, Park and Recreation Superintendent Chris Kukulski, City Manager SUBJECT: Sunset Hills Cemetery Resolution for Monument setting MEETING DATE: June 11, 2007 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. It was agreed that the current resolution was unclear and lacked specification. There has been much discussion and many meetings to produce the revised Resolution 4022. Staff, Russ Tuckerman and Carl Craft, members of the Cemetery Board, Brad Wright with Bridger Technologies, Tom Olson, owner of Bozeman Granite Works, and Jeff Strong a local concrete contractor and draftsman, have met in an attempt to design a document that is clear, directive and reasonable. All of these discussions and changes have been reviewed by the City’s legal office. RECOMMENDATION: Staff recommends that the City Commission approve Resolution 4022 to adopt the revised Sunset Hills Cemetery Rules and Regulations for Monuments, Headstones and Markers and Placing, Setting or Erecting the Same. 121 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 122 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 123 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. 124 3 Section 4 Effective Date. These updated rules and regulations shall be in full force and effect upon passage. DATED this 11th Day of June, 2007. JEFFREY K. KRAUSS Mayor ATTEST: ____________________________________ BRIT FONTENOT City Clerk APPROVED AS TO FORM: ___________________________________ TIM COOPER Assistant City Attorney 125 EXHIBIT A CITY OF BOZEMAN RULES AND REGULATIONS FOR MONUMENTS AND PLACING, SETTING OR ERECTING THE MONUMENTS IN SUNSET HILLS CEMTERY. GLOSSARY OF TERMS Base: lowest supporting part of a monument which rests on the foundation Concrete: mixture of sand, gravel and Portland cement (6 bag/cubic yard minimum) Flush: even with another surface Foundation: portion of the monument which spreads and transmits loads from the base to the soil Level: in a horizontal plane Skirt: portion of the foundation adjacent to and flush with the surrounding undisturbed soil Slope: incline; the deviation of ground from level Page 1 of 8 126 I GENERAL REQUIRMENTS Permanent monuments placed or erected in Sunset Hills Cemetery must be of natural stone, bronze, aluminum or stainless steel and of good quality. Monuments of concrete or other manufactured or artificial material shall not be allowed. Small temporary grave markers of other metal materials, wood, plastic or paper will be permitted following interment until a permanent monument is erected, or for a maximum of one year. II ABOVE GRADE MONUMENT REQUIREMENTS Foundation work and erection of monuments shall be under the supervision of the Superintendent of Sunset Hills Cemetery or his/her 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. (a) Before any monument is set or erected in Sunset Hills Cemetery a permit shall be secured at the office of the City Hall, Bozeman, Montana, for which a fee of fifteen dollars ($15.00) shall be paid. Permits are also required from the City of Bozeman for veteran’s memorials, but are free of charge. Separate permits shall be secured for each monument to be erected. Before any work commences on placement of monument, permit must be presented to superintendent or his/her authorized representative, and site location must be confirmed. Cemetery personnel shall identify site location within 24 hours of receipt of a properly authorized permit. (b) Monuments that are above ground shall have foundations that conform to the following requirements. Above ground monuments are allowed in all cemetery blocks except as otherwise stipulated herein. Above ground monuments are allowed on the west end of the lot(s). The line constituting the west side of the foundation of the monument shall be coincident with the west line of the lot(s) as identified by the cemetery Superintendent or his/her designee per paragraph 2a herein. A concrete foundation shall be constructed on the lot(s) per Figure 1. The monument foundation shall fit in an envelope twenty eight inches (28”) West to East and constrained by the width of the lot(s). Preformed, precast or preset concrete foundations are not allowed; the foundation must be poured entirely in place at the cemetery. Precast components are allowed between the base and the poured-in-place foundation, and must be a minimum of 2” thick. Regardless of the Page 2 of 8 127 approach, the component(s) that constitute the base of the monument shall be set into the wet cement in such a manner as that the base penetrates the foundation surface a minimum of one half inch (1/2”) to prevent any gaps between the top surface of the foundation and the monument base component(s). Concrete shall be 6 sacks per cubic yard minimum. The exposed areas of the top surface of the foundation shall be finished FIGURE 1. FOUNDATION STANDARDS smooth and edged. Forms shall be used to ensure that the top edges of the foundation form a rectangle within +/- 1” and the edges are straight within +/- 1/2”. If wood forms are used, the installer is required to fill in the resulting final gap with dirt/sod. The foundation shall be a minimum of 4” thick; if the weight of the monument including the base stone(s) exceeds 2000 lb, a minimum of 6” thick. The skirt shall be a minimum of 6” beyond the manufacturer’s dimension around the entire perimeter of the base. Above ground flower vases shall be allowed on north and/or south skirts on the monument centerline. The top surface of the Page 3 of 8 128 foundation skirt shall be in one plane and flush within +/-1” of the surrounding undisturbed ground. (c) Persons engaged in erecting monument or other structures are prohibited from attaching ropes to trees and shrubs, scattering materials on the ground and, in all cases, their work must be done in a neat and workmanlike manner and in accordance with this Resolution. (d) When the ground is wet, trucks will not be allowed on the grounds except on regularly traveled roads. (e) At locations where stones are being erected, adequate precautions will be taken to ensure that dirt from foundation excavations, waste from concrete mixing or other debris will not be left on the ground. (f) These regulations shall apply to all sections of Sunset Hills Cemetery. (g) The Superintendent or his/her representative shall approve compliance and so designate on the permit upon notification of completion of the concrete form setup and prior to the concrete placement by the installer during normal business hours; failure of the Superintendent or his/her representative to approve the work and so designate on the permit shall be deemed as full acceptance thereof. All foundations must be guaranteed against structural failure for two (2) years, excluding unforeseen damage beyond the control of the installer. III FLUSH MONUMENT REQUIREMENTS All monuments in blocks 139, 152, 153, and the Cremation section of block 15 in the Catholic Division and any future blocks designated to have Flush Monuments only, shall be flush with ground as in Figure 2. All elements of the monument and foundation shall be flush within +/-1” of the surrounding undisturbed ground. The foundation shall be a minimum of 2” thick, under the entire bottom surface of the monument. The resultant concrete encasing the monument and comprising the foundation shall be a minimum of 4” thick. A skirt similar to that described in Paragraph 2b shall surround the monument by a minimum of 6” on all sides. If three (3) or four (4) separate sets of ashes are buried on an ashes lot, one flush marker listing all names can be placed. On a regulation full sized burial lot, a maximum of six (6) separate sets of ashes can be buried with one (1) upright marker listing all six (6) names. If there is an existing headstone, two (2) small Page 4 of 8 129 flush markers may be set in front. Precast foundations are allowed for flush monument installations, but require the additional guarantee that they shall not settle to a degree that they do not meet the above specification for flush with the surrounding ground for a period of two (2) years after installation. Vases shall be in-ground storage type only. FIGURE 2. FLUSH INSTALLATION STANDARDS IV FAMILY PLOT REQUIREMENTS Family Plots shall be a minimum of 4 lots per Figure 3. Request for the formation of a Family Plot must be submitted in writing to the Superintendent or his/her designee. Written approval, or justification for denial, shall be provided by the Superintendent within 48 hours of receipt of request (provided snow cover is absent). The locations of all monuments on Family Plots are to be approved by the Superintendent or his/her designee. An above ground family monument shall be placed at the center of the combined lots. Above ground monuments may be placed at the west end of the lots west of the family monument, while monuments placed on the lots east of the family monument are to be Foot Stones (as per Section V). Monuments placed on lots east of the family monument shall have their eastern edge on the line coincident with the east line of the lot(s) as identified by the cemetery Superintendent or his/her designee per paragraph 2a herein. All requirements for foundations per paragraph 2b herein shall apply to the installation of above ground monuments. Page 5 of 8 130 FIGURE 3. FAMILY MONUMENT CONFIGURATION V FOOTSTONES Foot Stones are monuments that are placed at the east edge of a burial lot, and shall comply with the requirements for setting flush monuments per paragraph 3 herein. Marking of the location shall be per Paragraph 2a herein. VI CORNER MARKERS Stones or other devices to mark corners of plots will be permitted only if they are set with the top flush with ground and meet the flush requirements of Paragraph 3 herein. The corner marker shall be set entirely on the lot or plot for which they are to mark the corners. Marking of the location shall be per Paragraph 2a herein. Page 6 of 8 131 VII OTHER MARKERS Curbs, copings or other devices, designed or to be installed to mark the boundaries of any lot, groups of lots, tract of family plot, will not be permitted in Sunset Hills Cemetery. VIII INSTALLER REQUIREMENTS Any person, persons, company or corporation engaged in or proposing to engage in erection of monuments in Sunset Hills Cemetery is hereby required to post a bond of $500.00 with the Secretary of Sunset Hills Cemetery Board, this bond guarantees that any monument erected shall be erected in accordance with these rules and regulations. Superintendent of Sunset Hills Cemetery or his/her representative shall have the authority to correct the improper erection or construction, and to deduct the cost of such corrections from the bond herein specified, should any person, persons, company or corporation not correct any violations within 7 months of notification. Any deductions from the bond amount must be replenished prior to the issuance of additional permits. When any person, persons, company or corporation has completed or discontinued the setting, placing or erection of monuments in Sunset Hills Cemetery and any and all work of that nature which they have done in said cemetery has been completed or discontinued and has been approved by the superintendent, the cash bond required herein, or any unused part thereof, shall be returned to the party posting the bond. IX REVOCATION These Rules and Regulation repeal and supersede any and all rules and regulations heretofore adopted or in force relative to monuments and monument setting in Sunset Hills Cemetery. X EFFECTIVE DATE These Rules and Regulations shall be effective from and after the date of their adoption as hereinafter shown. Page 7 of 8 132 XI INFORMATION DISSEMINATION Copies of these Rules and Regulations shall be prepared in printed condensed from, together with the rules and regulations on platting and other matters pertinent to operation and maintenance of Sunset Hills Cemetery and copy of such printed form shall be made available to all persons having interest in these matters. Page 8 of 8 133