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HomeMy WebLinkAboutOrdinance - 39-88 - Amending Chapter 2 Re: Establishment of Cemetery Regulations - 09/06/1988 ORDINANCE 39-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 2, SEC. 2.15 , SUBD. 2 BY ADDING D. TO INCLUDE A MUNICIPAL CEMETERY UNDER THE DUTIES OF THE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION; AMENDING SEC. 2 .30, SUBD. 5 TO INCLUDE A MUNICIPAL CEMETERY UNDER THE JURISDICTION OF THE COMMUNITY SERVICES DEPARTMENT; AND ADDING SEC. 2.19 GOVERNING THE MUNICIPAL CEMETERY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1 . Eden Prairie City Code Section 2.15, Subd. 2, is hereby amended by adding D. to read as follows: D. The acquisition, development and maintenance of municipal cemetery in the City, including: 1 . Review of the existing cemetery records and advise the Council of the status of records and grounds. 2 . Recommendation of policies to the Council on matters pertaining to the operation of the cemetery. 3 . Recommendation of an annual budget for the operation and upkeep of the cemetery. 4. Recommendation for the use of the Perpetual Cemetery Fund. Section 2 . Eden Prairie City Code Section 2. 30, Subd. 5, is hereby amended to read as follows: Subd. 5. Community Services Department. A Community Services Department is hereby established. The Head of this Department is the Director of Community Services. All parks, recreation, Civic Center, senior citizen, historical and cultural activities, diseased tree program, and municipal cemetery shall be under the jurisdiction of this Department. Section 3 . Eden Prairie City Code Chapter 2 is hereby amended by adding Sec. 2.19 to read as follows: Sec. 2.19 MUNICIPAL CEMETERY 1 Subd. 1 . Name and location. The municipal cemetery, known as the Pleasant Hill Cemetery is situated upon land within the City limits. Subd. 2. Minnesota Statutes, Chapter 306 Adopted by Reference. Except as otherwise provided for in this Code, the regulatory and procedural provisions of Minnesota Statutes, Chapter 306, (1986 ) , with regard to public cemeteries, is hereby incorporated herein and adopted by reference in its entirety. Subd. 3 . Maintenance and Operation. The Parks, Recreation and Natural Resources Commission shall advise the Council on all matters pertaining to the development and mainte- nance of the cemetery, including operation of the cemetery, status of records, upkeep of the grounds, annual budget for oper- ation and upkeep thereof, and use of the cemetery perpetual care fund. The Council may adopt by resolution certain written rules and regulations pertaining to the cemetery. Subd. 4. Rules and Regulations Governing Municipal Cemetery. It shall be unlawful for any person to: A. Drive a motor vehicle into the cemetery, unless attending a funeral, visiting a relative's or friend' s grave site, or carrying on maintenance work authorized by the City; B. Drive or park any motor vehicle across or upon any grave or lot; C. Drive any motor vehicle in excess of ten miles- per-hour within the cemetery grounds; D. Engage in loud or boisterous talking or playing of music; E. Bring food or refreshments into the cemetery or consume them on the grounds; F. Allow dogs or other pets on the cemetery grounds, with the exception of seeing eye dogs; 2 G. Engage in peddling or soliciting the sale of any commodity within the cemetery grounds; H. Place signs, notices, or advertisements of any kind within the cemetery grounds; ' I. Bring firearms into the cemetery except by military escort accompanying a veteran's funeral or attending memorial services, or by police officers while in the line of duty. Section 4. City Code Chapter 1, entitled "General Provision and Definitions Applicable to the Entire City Code Including Penalty Violation" and Section 2.99 are hereby adopted by refer- ence, as though repeated verbatim herein. Section 5. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of September , 198.8, and finally read and adopted and ordered published at a regular meet- ing of the City Council of said City on the 20th day of September , 1988 . ATTEST: Cit Clerk 'Mayor,,--' PUBLISHED in the Eden Prairie News on the 28th day of September 1988 . LMD4/ap:1600.0 3 PUBLIC NOTICE ORDINANCE No. 39-88 AN ORDINNACE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 2,SEC.2.15,SUBD.2 BY ADDING D. TO INCLUDE A MUNICIPAL CEME- TERY UNDER THE DUTIES OF THE PARKS, RECREATION AND NATU- RAL RESOURCES COMMISSION; AMENDING SEC. 2.30, SUBD. 5 TO INCLUDE A MUNICIPAL CEMETERY UNDER THE JURISDICTION OF THE COMMUNITY SERVICES DEPART- MENT; AND ADDING SEC. 2.19 GOVERNING THE MUNICIPAL CEMETERY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Affidavit of Publication Section 1. Eden Prairie City Cade by adding D to d.read,is herebyfollow amended Southwest Suburban Publishing Inc. by adding D. to read as follows: D.The acquisition,development and maintenance of municipal cemetery in the City, including: 1. Review of the existing cemetery records and advise the Council of the status of records and grounds. State Of Minnesota 2. Recommendation of policies to the Council on matters pertaining to the )SS. operation of the cemetery. County Of Hennepin 3. Recommendation of an annual budget for the operation and upkeep of the cemetery.. Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the newspaper known as 4. Recommendation for the use of the Eden Prairie News and has full knowledge of the facts herein stated as follows: the Perpetual Cemetqry Fund. (A)This newspaper have complied with the requirements constituting qualification as a legal newspaper,as provided by Section 2. Eden Prairie City Code Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended. Section 2.30,Subd.5,is hereby amended 91 (B)The printed public notice that is attached to this Affidavit and identified as No. ,. ,was published on the date to read as follows: or dates and in the newspaper stated in the attached Notice,and said NoUw is hereby incorporated as part of this Af- Subd. 5. Community Services De- fidavit.Said notice was cut from the columns of the newspaper specifid.Printed below is a copy of the lower cape partment. A Community Services De- alphabet from A to Z,both inclusive,and is hereby acknowledged as be' the d size of type used in the comp . partment is hereby established.The Head and publication of the Notice: of this Department is the Director of abedefghijklmnopgrst Community Services. All parks, recrea- tion, Civic Center, senior citizen, his- torical and cultural activities, diseased y: I tree program and municipal cemetery tan Ro d, neral Manager shall be under the jurisdiction of this Department. Subscribed and sworn before me on Section 3. Eden Prairie City Code Chapter 2 is hereby amended by adding Sec. 2.19 to read as follows: Sec.2.19 MUNICIPAL CEMETERY Subd. 1. Name and location. The this day of , municipal cemetery,known as the Pleas- ="'�� tAURIEA.FIARTFdAf1N rry}: N0TAayP SVc-MiN'.=SOYA ant Hill Cemetery is situated upon land i '�:dq—'_, SCOTfCOUNTY ,�.(.t.= within the City limits. ! _ ..,. tayc✓0:!'aissrcNExa1RrS&12•xt Subd. 2. Minnesota Statutes, Chap ter 306 Adopted by Reference.Except as otherwise provided for in this Code,the regulatory and procedural provisions of RATE INFORMATION Minnesota Statutes,Chapter 306,(1986), with regard to public cemeteries,is hereby Lowest classified rate paid by commercial users for comparable space..$7.60 per column inch incorporated herein and adopted by ref- Maximum rate allowed by law for the above matter.....................$7.60 per column inch erence in its entirety. Subd. 3. Maintenance and Opera- Rate actually charged for the above matter..........:.................$5.04 per column inch tion. The Parks, Recreation and Natural Resources Commission shall advise the Council on all matters pertaining to the development and maintenance of the cemetery, including operation of the cemetery, statuts of records, upkeep of the grounds,annual budget for operation and upkeep thereof,and use of the ceme- tery perpetual care fund. The Council may adopt by resolution certain written rules and regulations pertaining to the cemetery. Subd. 4. Mules and Regulations Governing Municipal Cemetery. It shall be unlawful for any person to: A. Drive a motor vehicle into the cemetery, unless attending a funeral, visiting a relative's or friend's grave site, or carrying on maintenance work author- ized bV the city, B. Drive or park any motc.- vch cl=� across or upon any grave or lot; C.Drive any motor vehicle in ex-ccts of ten miles-per-hour within the ceme- tery grounds; D.Engage in loud or boisteroLo ing or playing of music, E. Bring food or refreshments into the cerritery or consume them on the grounds; F. Allow dogs or other pets on thy: cemetery grounds with the exception, with the exception of seeing eye dogs; G. Engage in peddling or soliciting the sale of any commodity within the cemetery cemetery grounds; H.Place signs,notices,or advertise- ments of any kind within the cemetery grounds; I. Bring firearms into the cemetery except by military escort accompanying a veteran's funeral or attending memo- rial services,or by police officers while in the line of duty. Section 4. City Code Chapter 1,en- titled "General Provision and Defini- tions,Applicable to the Entire Code In- cluding Penalty Violation" and S::ction 2.99 are hereby adopted by reference,as though repeated verbatim herein. Section 5. This ordinance shall be- come effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the 1r;TV of Td.n Prairie on the (,Ih of 11 Lrj firilly re,1 2nd �f;D 'Cj.Lind c-&-n:d r-I-11; a.re-Lfl:�r meeting of t;- City C,_ City cn the 20th day of September, 1988. ATTEST: John D. Fran.., City Clerk Gary D. Peterson, Mayor (Published in the Eden Prairie News Wednesday, September 18, 198S; No. 5231)