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HomeMy WebLinkAbout11212023 Planning & Zoning Work Session Packet Planning & Zoning Commission Work Session Packet Work Session Tuesday, November 21, 2023 Council Chambers, City Hall 6:00 p.m. The City of Seward,Alaska SEWARD PLANNING AND ZONING COMMISSION J6 WORK SESSION AGENDA November 21, 2023 6:00 p.m. Council Chambers Clare Sullivan 1) CALL TO ORDER Chair Term February,2024 2) STAFF COMMENTS Vanessa Verhey 3) DISCUSSION ITEMS Vice Chair Term February,2026 a. Mobile Vendors..........................................................................4 Nathaniel Charbonneau b. Title 7- Cemeteries and Burials...............................................8 Commissioner Term February,2024 c. Burial Permit Fees..................................................................15 Sean Ulman Commissioner c Burial Permit...........................................................................16 Term February,2025 e. Past Regulations......................................................................18 Brenan Hornseth Commissioner f Waterfront Restoration...........................................................26 Term February,2025 Vacant 4) ADJOURNMENT Commissioner Term February,2025 Vacant Commissioner Term February,2026 Kat Sorensen City Manager Jason Bickling Assistant City Manager Courtney Bringhurst Acting Community Development Director Kris Peck City Clerk 1 OUTCOME GOALS ib� FOR WORK SESSION 1) Discuss mobile vendor requirements in Title 15 2) Discuss proposed revisions to Title 7.20 - Cemetery and Burials 3) Discuss updating the fees for Burial Permits and Reservations BACKGROUND: Mobile Vendors: The City Clerk and Parks and Recreation have observed and received feedback from individuals using the mobile vendor program the city offers, aspects that could be improved to create a better experience for all involved. Suggestions have been made to change the locations and to modify the requirement for vendors to completely move off the site each night. Cemetery and Burials: The Cemetery Management Action Plan was established in 1996, and has not been updated since. Furthermore, the plan contains more recommendations than it does actual regulations. Likewise, the current section in city code addressing cemeteries and burials does not provide very much direction on how the cemetery should be regulated. Cemetery regulations facilitate in establishing a pleasing and organized environment, allows for easier maintenance of the grounds, and establishes a more orderly account of burials. 2 TITLE 15: ib MOBILE VENDORS 3 15.10.226 Land uses allowed. C. Mobile vendor as defined in section 15.10.140(B)(98)Vending(C)of this chapter and which are allowed in accordance with table§15.10.225 are subject to the following development requirements: 1. An application for a mobile vendor must be submitted on a form provided by the City Clerk's office yearly with colored pictures of at least two different angles of the unit the applicant is applying to license and a description that includes the length and width,when in its widest configuration. 2. Mobile vendors may operate at designated locations, by permit. Policies and procedures shall be set by resolution of the City Council. 3. The City police department has the right to close down a mobile vendor if vending is causing or contributing to an imminent public safety hazard. 4. No mobile vending shall take place on public property between the hours of 10:00 p.m.and 6:00 a.m. unless otherwise posted. 5. A mobile vendor may only offer,for sale,the following types of goods and services on public property: food and/or non-alcoholic beverages; handicrafts,artwork,jewelry or similar goods or firewood. 6. Licenses. In addition to complying with City of Seward ordinances related to mobile vendors and applicable regulations,the owner and operator is responsible for applying for and obtaining all other necessary licenses and satisfying the standards of the City permit conditions. 7. Mobile vendor vehicles or carts may not remain in place overnight or in City parking lots. 8. Mobile vendor vehicles must be self-contained when operating,except for the required trash and or recycling receptacles,which shall be in a safe location and in no event shall impede the free movement of automobiles or pedestrians,within their permitted lot or space. 9. Mobile vendors must serve to the sidewalk or esplanade next to a sidewalk when parked in spaces parallel to City sidewalks. 10. It shall be unlawful for a vendor to attract customers by hawking or physically accosting persons. 11. Each mobile vendor vehicle shall provide the City with a certificate of insurance to cover public liability in the standard amount set by City policy. Insurance policies shall stipulate that the insurer will give written notice to the City at least 30 days prior to cancellation or other termination in coverage. Prior to acceptance of their permit,vendors shall execute an instrument under the terms of which the permittee shall agree to indemnify,defend,and hold harmless the City from any and all claims for injury or damage to persons or property suffered in connection with vendor activities. 12. Any mobile vendor base station shall be properly licensed. 13. Mobile vendors shall comply with all City code, policy and procedures. Failure to adhere to the regulations for mobile vendors is cause for revocation or suspension of the license/permit by the City Clerk. 14. Mobile vendors shall display required permits and City business license in a prominent location on the mobile vending cart or vehicle from which the business is conducted pursuant to the permit,so it is protected from the weather and easily visible to the public. 4 .r �� Q rrLuI XN � nMir � A 1 (I 1 eu O i< .77 Northeast Lot or Lot Y 1T T �^ ^3 :i NORTH T M�AR�BOR At& ., o CenterLot i 2TT �- SOUTH O ' r SOU LL "I P HARBOR f- Legend Proposed Mobile Vendor Sites a - Current Mobile SOutf Lo XX" s. "auncot Vendor Sites* • Parking Lots ' S. Harbor Uplands O, *Sites appear larger on map. Actual N f size is 10 x 20 feet. 0 125 250 - 37 .y. 1 Y 1 IL Legend Proposed Mobile Vendor Sites* Current Mobile Vendor Sites* N i 20 4 810 Ui *Vendor spots are 10 x 20 feet 0 20 4 80 US�eet 6 CEMETERY ib REGULATIONS Chapter 7.20. Cemeteries and Burials Chapter 7.20. Cemeteries and Burials 7.20.010 Purpose and intent. It is the intent of this Code to establish a community cemetery with adequate administrative and maintenance provisions to provide for proper burial; ensure the continuity of its operation; provide for accountable record keeping; provide for protection of public property; and provide for the safety, health and welfare of the public. (Ord.96-27) 7.20.015 Definitions. For the purposes of this chapter,the following terms, phrases,words and their derivations will have the meaning given herein.Words used in the present tense include the future,words in the plural number include the singular number,words in the singular number include the plural number and words in the masculine gender include the feminine.The word "will" is always mandatory and not merely directory. Burial (interment)�rthe permanent disposition of the remains or cremains of a deceased person by crypt or vault entombment, inurnment of cremains in a niche or container,or earth burial. Disinterment(exhumation)R,e�the legal removal of a deceased person's remains from a grave. Burial lot rFneans a single platted parcel of land within a cemetery designed for interment of human remains. Includes grave, plot,site or space. Burial preparation Fne@;S the excavation, backfill and removal of excess material from a burial lot and replacement of the turf. Burial permit FneaRs a valid City permit allowing the burial of a deceased person in any cemetery.A valid State of Alaska burial permit is required to obtain a City permit. BuriaiGfave reservation permit Fneans a revocable use permit to reserve a burial lot(s) in the cemetery for an individuals)that is not yet deceased. Cremains Fneans the cremated remains of a deceased person. Columbarium a structure that is designated for the interment of funerary urns holding cremains of the deceased. Cemetery FAea44&a burial park for earth and crypt interments. City—R�the city of Seward. Memorial rFneans any marker, monument,tablet, headstone or structure upon or in a burial lot, niche or crypt placed thereupon for the identification or memory of the interred. Marker(headstone)a permanent monument,tablet,or structure upon or in a burial lot or niche placed thereupon for the identification of the interred. Perpetual care Fnea;s attending to the normal and reasonable maintenance of burial lots,the grounds, walks, roadways, boundaries and structures in order that the grounds shall remain and be reasonably cared for as cemetery grounds forever. By way of illustration it includes cutting of grass at reasonable intervals; removal of rubbish;general care and pruning of trees and shrubs that may be along the walks, roadways and boundaries. It does not include unique or special provisions for the care or cultivation of any special flowers,shrubs,trees or Seward,Alaska,Code of Ordinances Created: 2023-08-23 10:33:01 [EST] (Supp. No.26-1) 8 other plants on any lots and grave spaces; nor the repairing, removal, replacement, reconstruction or maintenance of monuments or memorials; nor the construction or reconstruction of any marble,granite, bronze or concrete work on any lot where same is damaged from any cause whatsoever. fee simple transfer^fir°^ership. (See"grime rzse.p.gart+e„-permst Remains any part or parts of the body of a deceased person. Reservation reserving a burial iot(s)in advance of interment,and does not imply any fee simple transfer of ownership. (See "burial reservation permit.") (Ord.96-27) 7.20.020 Generally applicable to private and public cemeteries. A. Permits required. 1. There shall be no burials or exhumations within any cemetery within the city or under city ownership without an appropriate city burial/exhumation permit issued in accordance with the provisions of this chapter. 2. City permitting will be in addition to any provisions or authorization, if required, in cemeteries owned and/or operated by private organizations. B. Burial. 1. It shall be unlawful to bury any human remains within the corporate limits of the city except in a platted and duly authorized cemetery. 2. The remains of any person may not be exhumed without submission of a valid state of Alaska permit and any applicable fees. C. Markers. 1. A permanent marker identifying the person interred must be placed on a grave within one year of interment. 2. Minimum and maximum marker size and type must be in accordance with rules and regulations adopted by the City Council. D. Records. 1. The city will permanently maintain records of all burial and exhumation activity in all private and public cemeteries within the city or under city ownership. 2. The city will permanently maintain official maps of all cemeteries within the city or under city ownership depicting burial or exhumation locations.The city will not be responsible for the accuracy of burial records prior to the enactment date of this chapter. (Ord.96-27) 7.20.025 City cemetery created. A. All that portion and parcel of lands described as the Woodlawn Cemetery Plat,dated October 17, 1916,and Lot 1, Fort Raymond Subdivision Plat No.87-12,dated July 2, 1987, both filed in the Seward Recording District and owned by the City of Seward,are hereby set aside and dedicated for cemetery purposes as a Created: 2023-08-23 10:33:01 [EST] (Supp. No.26-1) 9 burial place for the dead and,subject to the provisions of this chapter,are open to all persons regardless of race,creed,color, religion or national origin. B. The Woodlawn Cemetery is considered to be historic and not open to new burials. C. The city manager will cause the city cemetery to be surveyed, laid out and platted into burial lots,duly numbered,and a map thereof made and filed with the city clerk. (Ord.96-27) 7.20.030 Rules and regulations—Promulgation and authority. A. All land within the city cemetery and within any extension of the cemetery at any time hereafter made will be subject to and regulated and controlled by the provisions of this chapter and any rules adopted by the city.The police power of the city is extended over all of the cemetery. B. The city manager may promulgate rules and regulations,subject to approval of the City Council,governing the use, maintenance and operation of city owned cemeteries, including but not limited to the: 1. Replat,change of boundaries or grading of any part thereof; 2. Reservation, use and disinterment of any burial site; 3. Type and size of burial markings,decorations and memorials; 4. Issuance of permits for the reservation, use and disinterment of burial sites; 5. Establishment of fees for service and permits issued in connection with the cemetery; 6. Interment locations,space,capacity; 7. General access including pedestrian and vehicle traffic;and 8. Maintenance, landscaping,care,construction, repairs and grave preparation. C- Said rules and Fegulatie—ps violl h-e-A-R.file viith the eity r=!eF'(and available feF peFusal by any inteFested peFsen C. Within the guidelines established by said rules and regulations,the city manager will have the final administrative responsibility for management of city owned cemeteries. (Ord.96-27) 7.20.035 Operation of cemetery. The city reserves the right at any time to enlarge, reduce, replat or change the boundaries of city cemeteries or any part thereof;to modify, change location, move or regrade roads,drives,walks or any part thereof;to lay, maintain,operate,alter or change pipelines,gutters,sprinkler systems or drainage; and to relocate grave sites or allow disinterment upon proper legal authority.The city reserves for itself the perpetual right of ingress and egress over all plots for the purpose of maintenance,operations or any emergency work necessary to the operation of the cemetery. (Ord. 96-27) Created: 2023-08-23 10:33:01 [EST] (Supp. No.26-1) 10 7.20.040 Burial site reservations. A. Upon establishment of rules and procedures by City Council resolution, burial sites may be reserved on a first come,first served basis by any person for himself or immediate family members to a maximum of ten burial sites. In order to encourage family grave lot use and to discourage institutional speculation,funeral homes and other similar corporate or business entities are excluded from acquiring burial sites except for a specific immediate burial. B. The city manager will maintain burial reservation records to include at a minimum the name and address of the permittee and the date of reservation.The city manager will not authorize the use of reserved burial sites by anyone other than the purchaser or his properly designated representative. C. Burial reservation rights to any unused plot may be relinquished to the city but may not be sold to a third party. D. Reservation fees for a space vacated due to exhumation will not be refunded,and the burial site will return to the pool of unreserved sites. E. After 10 years if a reserved plot has not been used,the person who reserved the site will be contacted and requested to renew their reservation.If no renewal is made,the reserved site will be released.No fee will be charged for renewal or release of a reserved plot. (Ord. 96-27;Ord. No. 2023-008, § 1,4-10-2023) 7.20.045 Cemetery funding. In order to provide for the management,operation and improvement of the cemetery, it will be the duty of the city to account for all receipts and expenditures arising from burial site reservations,operation fees,donations and other sources to be exclusively used, under the direction of the City Council, in payment for operations and improvements to the cemetery. (Ord.96-27) 7.20.050 Grave preparation. All grave openings,closings,site preparation, interments,exhumations, marker placement and removals will be in accordance with rules and regulations of this chapter. adopted by the Gity Geuncil. 1. Applicant will be responsible for grave openings,closings,site preparation,interments,exhumations, and marker placement. 2. Full size plots shall be 5 feet by 10 feet,and six feet deep(42"of depth between the ground surface and the top of the casket). 3. Cremain plots shall be 2 feet by 2 feet,and deep enough to allow 24"between the ground surface and the top of the urn. 4. The ground surface of all burial plots shall be maintained at the same elevation as the surrounding surface. 5. Excavated materials shall not be placed,even temporarily,upon another grave site. Materials shall be placed or stored off site or in a vehicle. a. If excess soil is not removed and/or a mound is left on the burial site,the marker/grave preparation deposit will not be refunded. Created: 2023-08-23 10:33:01 [EST] (Supp. No.26-1) 11 (Ord. 96-27) 7.20.055 Standards for grave markers. Fules and FegulatieRs adapted by the City Geuneil. 1. A marker/grave preparation deposit fee will be collected at the time a burial permit is obtained-4 �+ r+ r a) A permanent marker identifying the person interred must be placed on a grave within one year of interment. b) Deposit refunds will be issued after proper installation of a permanent marker and removal of excess soil and rock from the burial plot. c) The individual who acquired the burial permit is responsible for providing proof to the City of a permanent marking being placed. d) If after one year a permanent marker has not been installed, the City shall install a marker utilizing the deposit as payment. 2. Marker requirements are as follows: a) No more than one(1)marker per plot shall be allowed. b) Markers may not be larger than 4 feet by 2 feet at the base and 3 feet in height c) Markers must by constructed of materials that will not decay,rot, or decompose. d) Upright markers must be set on and affixed to a single poured concrete or granite base. (Ord. 96-27) 7.20.060 Care of cemetery. A. The city will maintain or cause to be maintained the general cemetery appearance including any driveways, gates or fencing and may close access to such facilities for the protection of public property or to provide for the safety, health and welfare of the public. B. The city will take reasonable precautions to protect all grave markers within the city cemetery from loss or damage, but expressly disclaims any responsibility for loss or damage from causes beyond such reasonable precautions.The city will not be responsible for damages incurred directly or collaterally and caused by or resulting from thieves,vandals, malicious mischief or accidents. C. Plants and Decorations 1) Placement of flowers and plants. Life plants,freshly cut flowers, wreaths, or flower baskets may be placed on or immediately adjacent to a marker on an interment location. Flowers shall not be placed in or attached to trees,shrubs,fences, or gates. 2) Placement of other decorations. Glass or ceramic vases,figurines,statues,balloons,personal items, and other similar decorations are not allowed in the cemetery and are subject to removal by the city as described below. Created: 2023-08-23 10:33:01 [EST] (Supp. No.26-1) 12 3) Removal of decorations. The city shall conduct regular ground maintenance(typically monthly)and will remove all decorative items and unsightly plants/flowers from interment locations at the city's discretion. The city will not be responsible for providing advance notice of when maintenance activities are to occur. The city assumes no responsibility for the return of items placed on an interment location. Items disposed of by the city will not be recoverable. 4)Responsibility for decorations.Any decoration placed by any individual is the responsibility of that individual. The city does not guarantee that any items placed on any interment site or columbarium niche will be protected in any way from the elements, wildlife,thieves,or vandals.All items placed are at the risk of the individual and subject to disposal by the city. The city is not responsible for damage or liable for the return of items placed on or near an interment location. (Ord. 96-27) 7.20.065 Enforcement. The city manager or his designated representative will enforce all cemetery regulations. (Ord.96-27) 7.20.070 Prohibited acts. A. Deposit of materials. No person will deposit any rubbish,filth,waste or other unclean or unsightly substance in the cemetery. B. Vehicle operation limitations. Except as authorized by the city manager or his designee for the operation of the cemetery, it is unlawful for any person to operate or drive any vehicle, motorized or non-motorized, in the cemetery except on the established roadways and in accordance with the city code.Vehicles may not exceed a speed of 10 MPH. No vehicle may enter the cemetery except for the purpose of attending funerals, visiting graves or other lawful mission. C. Nuisance conditions designated—Abatement.Any existing tree,shrub, plant,fencing or other structure, enclosure,decoration, headstone,tomb, marker or monument located on any individual grave space which becomes dangerous or detrimental to the operations of the cemetery or interferes with or encroaches upon adjacent grave spaces will be removed. D. Planting of trees,etc., . No person may plant or set any tree,shrub, flower,grass or other plant of any kind in the cemetery witheut Eity appFeVal. E. Animals. It is unlawful to ride or drive any animal upon,over or across the lands or lots of any cemetery except on established vehicle ways;or to hitch or tie any animal to any trees,shrubs, plants or other ornament within any cemetery,or permit any animal to be pastured in the cemetery. It is unlawful to bury any animal remains in the cemetery. F. Noise. It is unlawful for any person,except a city employee or contractor in the performance of his duty in caring for the cemetery,to willfully make any unnecessary noise or disturbance within the cemetery. G. Fences.No person may construct enclosures,such as picket fences or anything else that establishes a perimeter around an interment site. H. Benches. No person may place a bench on a burial plot or on cemetery grounds. (Ord. 96-27;Ord. No. 2023-008, § 1,4-10-2023) Created: 2023-08-23 10:33:01 [EST] (Supp. No.26-1) 13 7.20.075 Violations—Penalties. Any person,firm or corporation who violates any provision of this chapter will, be subject to a fine as provided in section 1.05.010. Each day such violation is committed or permitted to continue will constitute a separate offense and will be punishable as such hereunder. (Ord.96-27;Ord. No. 2023-008, § 1,4-10-2023) Created: 2023-08-23 10:33:01 [EST] (Supp. No.26-1) 14 Fee Schedule Burial Permit Currently Proposed Full size plot- $25 $500 Cremains plot- -- $250 Columbarium Niche - -- $350 Grave Prep/Marker Deposit- $100 $1,000 Niche Marker* -- $200?? *(if Parks and Rec orders the plaques for applicants and puts them on the columbarium niche) Burial Reservation Currently Proposed Burial plot- $500 $500 Cremains plot— -- $250 Columbarium niche— -- $350 15 City of Seward Cemetery Use Permit # ❑ Burial/Interment ❑ Disinterment ❑ Marker Installation A Cemetery Use Permit is required for burial in or disinterment from any cemetery, regardless of ownership, within the City of Seward (SCC 7.20.020). Each grave site must be marked. A temporary marker is allowed for up to one year, by which time a permanent marker must be placed that includes a minimum inscription of decedent's full name, year of birth &year of death.The application for cemetery use must be accompanied by: 1. An Alaska State Burial—Transit Permit# 2. A$25 Burial Records Permit Fee (PER) 3. A$100 Grave Marker Deposit (reimbursed upon placement of permanent marker)(BUR) Name of Deceased Male ❑ Female ❑ Maiden Name Cremains Yes No Date of Birth Place of Birth Date of Death Place of Death Applicant's Name Address Phone# Relationship to Deceased Date of Burial Funeral Home Cemetery: ❑ City ❑ Pioneers ❑ American Legion ❑ Masonic Assigned Site Row Lot Other The designated grave site has been marked on the ground by the cemetery representative and the site is ready for digging Signature of Representative Date Type of Marker: ❑ Headstone ❑ Cross ❑ Plaque ❑ Other Marker Text Date Received Payment Received $ City Clerk Approval Distribution: ❑ Original Clerk ❑ Applicant ❑ SPRD ❑ CDD 16 CITY CEMETERY USE PERMIT APPLICATION City of Seward, City Clerk's Office PO Box 167, Seward, AK 99664 (907) 224-4046 Email: clerk@cityofseward.net A Cemetery Use Permit is required for burial in or disinterment from any cemetery, regardless of ownership, within the City of Seward (SCC 7.20.020). Each grave site must be marked. A temporary marker is allowed for up to one year, by which time a permanent marker must be placed that includes a minimum inscription of the deceased's full name, year of birth &year of death. Fees Due at submission of Application: $25.00—Burial Records Permit Fee (PER) $100.00—Grave Marker Deposit (BUR) (Grave Marker Deposit is reimbursed upon placement of permanent marker within 1 year of permit issuance) APPLICANT INFORMATION Burial Transit # State: (First,Middle, Last) Name of Deceased: Male O Female O Maiden Name: Cremains? Yes O No O M M/DD/YYYY Date of Birth: Place of Birth: M M/DD/YYYY Date of Death: Place of Death: MM/DD/YYYY If a space was reserved already, Date of Burial: Cemetery Reservation# Type of Marker: Headstone O Cross O 1 Plaque O Other: These cemeteries have special membership requirements and special contacts for preparations. Cemetery Choice: City O Pioneers O Masonic O American Legion O APPLICANT Name: CONTACT Address: INFORMATION Phone: Email: Relationship to Deceased: If applicable: Name: FUNERAL HOME CONTACT Address: INFORMATION Phone: Email: CONTACT Name: INFORMATION FOR WHO IS PERFORMING Address: SITE PREPARATION There are city code Phone: requirements related to depth and width of site. Email: Who paid for Grave Marker Deposit: CEMETERY USE PERMIT# Issued by City Clerk's Office Payment Received: $ Date Paid: Permit Approved by: Date Permit Approved: (City Clerk's Office) Assigned Site: Date Site Marked: (Community Development) (Community Development) Date Temporary Marker Placed: Date Permanent Marker Placed: Date Deposit Refund Requested: Seward City Code§7.20 Cemeteries and Burials Updated 8/2023 Distribution: City Clerk(Original) I Applicant I Community Development I Finance I Parks&Rec 17 Sponsored by. Bencardino CITY OF SEWARD, ALASKA RESOLUTION NO. 97-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTABLISHING CEMETERY FEES, RULES AND REGULA- TIONS WHEREAS, the City of Seward is the owner of the public cemetery; and WHEREAS, municipal code provisions have recently been enacted providing for the management of cemeteries and the burial process within the city; and WHEREAS, a properly managed and maintained cemetery reflects well on community image and provides peace of mind for relatives of deceased friends and family; and WHEREAS, adequate cemetery maintenance necessitates that a perpetual source of funding be established; and WHEREAS, a cemetery is a proprietary function which does not directly benefit all citizens, its cost should not be borne through general tax levies, but by those persons directly benefiting from the service; and WHEREAS,it is necessary to enact and implement adequate procedures to ensure the proper long-term management of the community cemetery; and WHEREAS, a citizen ad hoc committee was appointed by the Mayor to develop fees, rules and regulations relating to the use and management of the city cemetery; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The following CEMETERY RULES AND REGULATIONS are hereby adopted for the mutual protection of all visitors, city employees and contractors, and burial site holders within the city cemetery. GENERAL 1. That section of the cemetery designated as the old city cemetery, shall upon completion of a survey and monumentation of a new burial area, hereafter be closed to future burials except in those cases where it is known that there is an unoccupied burial site adjacent to an already interred family member. (See attached maps) 18 CITY OF SEWARD, ALASKA RESOLUTION NO. 97-094 2. Burial sites shall be surveyed and platted. INTERMENT AND DISINTERMENT 1. Burial site excavation and backfill services shall be done by a private contractor or family members in accordance with adopted city ordinances and regulations. If it becomes absolutely necessary for city involvement,expenses will be billed at then current city work order personnel and equipment hourly rates. 2. A segment of the cemetery along the west side of the old Odd Fellows Cemetery will be designated by the City for interment of those whose religious beliefs do not allow conformance of the guidelines stipulated in this resolution. (See attached maps) 3. Only human remains are allowed in this cemetery(SCC§ 7.20.070) PLOT SIZE 1. Burial plots will be platted at 5 feet wide by 10 feet long 2. Plot size for cremains shall be 2 feet x 2 feet, and deep enough to allow 24" between the ground surface and the top of the urn. 3. Burial plots will be laid out in such a manner as to be head to head(see attached sample plot plan) with adequate equipment access between rows. 4. Caskets shall be centered on the plot from all four corners. BURIAL 1. Grave opening and casket placement will be located in the center(top to bottom and side to side) of the burial plot. 2. Grave depth shall be sufficient to allow a minimum of 42" of depth between the ground surface and the top of the casket, vault or liner. 3. The ground surface of all grave sites shall be maintained at the same elevation as the surrounding surface. 4. Excavated materials shall not be placed, even temporarily, upon another grave site. Materials shall be placed or stored off site, in a vehicle or in the adjacent access lanes. 19 • CITY OF SEWARD, ALASKA RESOLUTION NO. 97-094 MARKERS 1. Every new burial site shall be marked with a permanent marker within one year of interment. No marker or monument shall be removed without permission of the city. A deposit for removal must be made and replacement must be completed within one year of removal. 2.Temporary markers of wood,concrete,or plastic are acceptable until the permanent marker is installed but in no case beyond one year from the date of interment. 3. Not more than one marker shall be allowed for each burial site except when additional family burials are made within the same site i.e. cremains, children or double burials, in which case the additional markers must be flush with the ground, no more than one foot from the first marker or head of the plot, and no more than one foot between each additional marker. 4. The permanent grave marker shall be made of granite or cast bronze, brass, or aluminum mounted in natural stone or concrete. Because of relatively rapid weathering of inscriptions,concrete will not be allowed as the sole marker. Synthetic markers approved for cemetery use may also be used. 5. The minimum marker size shall be at least 4 3/4" x 8 3/4" x 3" thick. The maximum memorial marker size shall be 799 square inches x 4 inches thick. Monuments shall be no more than 60" high including base, 36" in length, 18' wide x 8" depth of base. 6. At a minimum, markers shall have an inscription in either raised or engraved letters of at least 1/4" in depth/thickness to include first and last name of deceased, year of birth and year of death. 7. Markers shall be centered, 1 '/z feet from top(head)and no closer than 1 foot to either side of the burial site. STANDARDS FOR GRAVE DECORATIONS. 1. Full length concrete slabs over burial sites are allowed subject to the following specifications: maximum size 4'x 8' , reinforced with wire and rebar; no top soil will be allowed under the slab. Subsoil beneath the slab shall consist of well compacted and well drained materials (i.e. sand or D-1). 2. Temporary boxes,fences,or other decorations are allowed up to 14 days or until the burial site area is seeded for grass or other maintenance is required. Permanent raised obstructions such as mounds, fences or curbing, rocks, gravel or crushed rocks shall not be allowed. 20 CITY OF SEWARD, ALASKA RESOLUTION NO. 97-094 3. Trees,plants, flowers or shrubs may not be planted at any grave site, but may be planted at designated memorial sites and then only with the permission of the city. 4. All artificial flowers/plants or any other adornments from the previous year will be removed during the spring cleanup each year. 5. Except for graves established prior to the adoption of this ordinance, structures other than headstones or memorial plaques that do not comply with the provisions of this section may be removed and discarded by city employees after one hundred twenty (120) days following adoption of this resolution. MAINTENANCE 1. The City is responsible for the appearance of the cemetery through the city Parks and Recreation Department or its contractors. Section 2. The following fees relating to permitting and use of all cemeteries within the city are hereby adopted: Burial permit fee $ 25.00 Burial marker deposit fee $100.00 City employee/equipment Billed at current city work order hourly rates Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward,Alaska,this 23 day of June, 1997. THE CITY OF SEWARD, ALASKA uis . Bencardino, Mayor AYES: Anderson, Bencardino, Blatchford, Clark, Crane, Keil, King NOES: None ABSENT: None ABSTAIN: None 21 iCITY OF SEWARD, ALASKA RESOLUTION NO. 97-094 9���e�'-� a .►g,,• A", 4- ATTEST: w AA i., � Ic• y Patricia J. Jones, CMC Acting City Clerk (City Seal) SALLF/FLO ACCESS ROAL"� --_ -- -- GRn oL 0vE� '\ VACANT I �'— ----=------- V CITY umvrEk-1 �� 1 NEW 1 1 �- GRAVES 1j 6ALLFIELD I GRAVES PIONEER5 PIONEERS \LZapeelrn� 1( o GRAVES FUTVRL Cri\AC 7ERI m VACANT LCI 1 — EXPANSIONVLLOWS CR SPEbAI l-I \ \ V Ff'� 8((R IqL Rey \ RIN AREA I, I ` S Ie`) �TF§SE LEE GAAVES �V4, NEW CIT7 CEMETERY ` Ik fI` yl(cx.rr I i YAiANT 2 1l5 �O 0 1 GRAVES Y 1 CQ wl I tI CRAVES 1 WN v1 I I ti____— -AN1ERICAN LEGION ;� MASONS VACAmr --- I T � I I A'R FOeC(REC CAm LEASE ErE"34N I Lvwf u WAREHOUSE 1 CFh f Z AiR FORCE RECRLATION CAMP f q D i Z A S��qR� � 6 PRaveFry coo..E•s � 'i 22 Agenda Statement Meeting Date: To: City Council Through: Jim Hunt, City Manager From: Karin Sturdy, Director of Parks & Recreation Agenda Item: Process for reserving cemetery plots BACKGROUND & JUSTIFICATION• Current Seward City Code allows for the reservation and/or sale of cemetery burial sites or plots. 7,20.040.- Burial site reservations. % 8 2 . (a) upon establishment of rules and procedures by city council resolution,burial sites may be reserved on a first come,first served basis by any person For hlmse{f or immediate family members to a maximum of ten burial sites.In order to encourage Family grave lot use and to discourage institutional speculation,funeral homes and other similar corporate or business entitles are excluded from acquiring burial sites except for a specific immediate burial. (b) The city will maintain burial reservation records to include at a minimum the name and address of the permittee and the date of reservation.The city will not authorize the use of reserved burial sites by anyone other than the purchaser or his properly designated representative. (c) Burial reservation rights to any unused plot may be relinquished to the city but may not be sold to a third party. (d) Reservation fees for a space vacated due to exhumation will not be refunded,and the burial site will return to the pool of unreserved sites. (Ord,96.27) This proposed reservation process does not change our current burial process. A resolution is required to establish burial site rules and procedures. The following proposal is intended to establish a process by which cemetery plots may be reserved. The City of Seward's 1996 Cemetery Plan recommends the City"issue certificates" granting burial rights (versus a fee simple real estate)to specific sites at a fee set by council resolution and adjusted as the maintenance needs are recognized." Cemetery reservation procedues. 1. A City cemetery reservation request form, granting burial rights must be filed at any parks and recreation site. 2. The reservation fee shall be paid. Fees shall continue to be set by City Council. 3. The requester and parks and recreation staff must meet in person to mutually agree upon a site or number of sites. 4. The City section of the City's cemetery reservation request form,which includes the specific location(s)must be completed by parks and recreation staff. 5. The City shall identify the agreed-upon site(s) and report the final reservations to: a. Parks & Recreation cemetery division b. The Seward City Clerk, who shall retain the original, completed request form. 23 c. Community Development,which shall oversee the addition of the information to the City's cemetery GIS layer. 6. The City shall work with a vendor and the customer to obtain an approved plot reservation marker 7. The City shall install the reservation marker according to department standards. Markers shall be installed annually by Memorial Day and Labor Day. 8. At the time a reserved site is to be put to use, the required burial permits and arrangements remain the responsibility of the family. 9. "Reserved site"markers shall be removed at internment and may be given to the family or retained by parks and recreation staff for re-use, if available. All "reserved site" markers must be flush to the ground. 10. It is the intent of the City to work with families who cannot afford this fee by partnering with local service agencies. Fees: A. One full, cemetery site may be reserved at the cost of$500. B. No group or family discount is provided for multiple plots. (Lasting,permanent cemetery markers may cost over$200 each. The estimated time for City staff to file a reservation form is three hours.Perpetual care for a cemetery plot may range from$5 0 to$300 per year.) INTENT: The intent of this City Code is to provide a mechanism for community members to pay for and reserve a cemetery plot or multiple family plots within the City's finite cemeteries. CONSISTENCY CHECKLIST: Yes No NIA 1. Comprehensive Plan (document source here): 2. Strategic Plan (document source here): 3. Other (list): FISCAL NOTE: The costs of the cemetery reservation marker and City expenses should be paid utilizing reservation revenues. Approved by Finance Department: ATTORNEY REVIEW: Yes No Not Applicable RECOMMENDATION: 24 The City Council approve resolution 2018- authorizing the City Manager to establish the process for members of the public to receive a certificate to allow burial and reserve a renewable cemetery plot for ten years. 25 WATERFRONT ib RESTORATION BACKGROUND: On October 5th, 2023, the City of Seward was informed that the National Fish and Wildlife Foundation (NFWF) Coastal Resiliency grant, written 18 months ago by Stephanie Presley and Kyle Graham (FWS), had been funded. Multiple agencies will be working on the development and completion of this project, including U.S. Fish and Wildlife Service (FWS), Alaska Trout Unlimited, Seward Bear Creek Flood Service Area Board, City of Seward, and the Kenai Peninsula Borough. The Planning and Zoning Commission wanted to have an introductory discussion with Parks and Recreation about the Seward Waterfront and their goals for restoration. A large map of the area will be provided at the work session for the discussion. 26