City Council Minutes 2008 11 03 - Laserfiche WebLink

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