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City Council <br />Special Meeting Minutes <br />November 3, 2008 <br />Page 4 of 16 <br />City Attorney Light explained at the November 18th City Council meeting, Staff <br />will present a resolution to approve the 2009 Budget, a resolution to set the mill <br />levy, and a resolution making the appropriations. <br />ORDINANCE No. 1542, SERIES 2008 - AN ORDINANCE AMENDING <br />CERTAIN SECTIONS OF CHAPTER 2.76 OF THE LOUISVILLE MUNICIPAL <br />CODE RELATING TO THE REGULATION OF CEMETERIES AND THE <br />DISTRIBUTION OF FUNDS RECEIVED FROM THE SALE OF GRAVE <br />SPACES; ESTABLISHING THE CEMETERY FUND AS A SPECIAL REVENUE <br />FUND OF THE CITY AND TRANSFERRING A PORTION OF THE FUND <br />BALANCE OF THE CEMETERY PERPETUAL CARE FUND TO THE <br />CEMETERY FUND FOR FUNDING OF THE 2008 LOUISVILLE CEMETERY <br />MASTER PLAN PHASE 1 IMPROVEMENTS -Public Hearing <br />Mayor Sisk requested a City Attorney introduction. <br />City Attorney Light read Ordinance No. 1542, Series 2008. <br />Mayor Sisk requested a Staff presentation. <br />Parks and Recreation Director Stevens reported the Parks Department <br />presented a Cemetery Master Plan at the October 21St City Council meeting. <br />Ordinance No. 1542, Series 2008, authorizes the Cemetery Master Plan. The <br />Parks Department Staff worked with the City Attorney to amend the ordinance to <br />be compliant with the wishes of City Council. Staff has incorporated Phase 1 <br />Implementation of the Master Plan within the context of the City's proposed 2009 <br />Capital Improvement Program. Staff recommended approval of the ordinance to <br />provide for the expansion of the cemetery. <br />COUNCIL COMMENT <br />Councilor Muckle supported the overall Cemetery Master Plan. He voiced <br />concern over the financial part of the plan. He asked if persons who purchased <br />plots had an expectation of perpetual care. He asked whether there was a <br />description on how the monies were to be spent. <br />City Attorney Light explained there is no contract. The limitation comes from City <br />ordinance only and there is no state limitation. He stated the City is free to <br />change the ordinance. When the City received title to portions of the cemetery, <br />the deed stated by acceptance of the deed, the City agrees to care for the <br />cemetery. He noted the maintenance of the cemetery had been funded by the <br />general fund. Unlike Cemetery Associations, there are no state statutes <br />requiring the City, as a home rule city, to establish an endowment. fund. <br />20 <br />