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HomeMy WebLinkAbout2009-07-06 Resolution 2b(12) Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 09-23 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Mill Restaurant- 120 E. Burlington Street Iowa City Fall Fun Festival - 2140 Rochester Avenue Passed and approved this 6th day of July , 20 09 OR Appro d by ATTEST: ~ -~C ~/ G~~ C~CLERK City Attorney's Office is ~7~~7 It was moved by Hayek and seconded by Resolution be adopted, and upon roll call there were: O'Donnell the AYES: NAYS: ABSENT: x Bailey x Champion X Correia x Hayek x O'Donnell x Wilburn x Wright M-~~ 2c(1) Prepared by: Kumi Morris, Engineering, 410 E. Washington St., Iowa City, IA 52240, (319)356-5044 RESOLUTION NO. 09-232 RESOLUTION SETTING A PUBLIC HEARING ON JULY 28, 2009 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY POLICE STORAGE PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 28~' day of July, 2009, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 6th day of ATTEST: CIT LERK pweng Ves~set ph-po l icestorage09. doc Resolution No. 09-232 Page 2 It was moved by Hayek and seconded by adopted, and upon roll call there were: AYES: NAYS: x x X X X X X O'Donnell the Resolution be ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossarylresol ution-ic. doc M -k~ za~~> Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 09-233 RESOLUTION ACCEPTING THE WORK FOR THE 2008 SUMMER SIDEWALK REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2008 Summer Sidewalk Repair Project, as included in a contract between the City of Iowa City and Feldman Concrete of Dyersville, Iowa, dated July 23, 2008, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, the final contract price is $80,641.25. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of ATTEST: CITY LERK Julv , 202-• It was moved by Hayek and seconded by 0' Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x ~_ x ~_ ~_ Bailey Champion Correia Hayek O'Donnell Wilburn Wright Pweng/res/acptwork-08sidewalkrepair.doc i%~. ~~~~ City Attorney's Office 4~30~09 M-18 #Zd (2~ Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 09-234 RESOLUTION ACCEPTING THE WORK FOR THE 2008 STORM SEWER IMPROVEMENTS PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the 2008 Storm Sewer Improvements Project, as included in a contract between the City of Iowa City and Carter and Associates, Inc. of Coralville, Iowa, dated November 24tH 2008, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. WHEREAS, the final contract price is $52,078.09. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th ATTEST: ~~~~ ~ ~~2>_t/ City Jerk Approved by: ~, ~ ~~~~ City Attorney's Office .~ 4(a1 Resolution No. Page Z 09-234 It was moved by Hayek and seconded by adopted, and upon roll call there were: AYES: ~- X -~ x x x x NAYS: O'Donnell the Resolution be ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 Zd~2~ RESOLUTION NO. RESO UTION ACCEPTING THE WORK FOR THE 29b8 STORM SEWER MPROV ENTS PROJECT. ~ WHEREAS, the Engin Bring Division has recommende that the work for construction of the 2008 Storm Sewer I rovements Project, as incl ed in a contract between the City of Iowa City and Carter an Associates, Inc. of Cora ille, Iowa, dated November 24tH 2008, be accepted; and WHEREAS, the performance al~d payment boryQ has been filed in the City Clerk's office. WHEREAS, the final contract prick is $52,Oy8.09. NOW, THEREFORE, BE IT RESOL' IOWA CITY, IOWA, THAT said impr City, Iowa. Passed and approved this THE CITY COUNCIL OF THE CITY OF s are hereby accepted by the City of Iowa 2009. Mayor ATTEST: City Clerk Approved by: .,d~~- ~ City Attorne s Office fo~3v~v~ ~~ za~s~ Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356-5030 RESOLUTION NO. 09-235 RESOLUTION APPROVING THE ACCEPTANCE OF THE DEDICATION OF A 0.09 ACRE PARCEL OF LAND ON AUDITOR'S PARCEL 2004120, ALONG SOUTH GILBERT STREET IN IOWA CITY, JOHNSON COUNTY, IOWA, AS PUBLIC RIGHT-OF-WAY. WHEREAS, the owners of record for Auditor's Parcels 2004120 and 2004121 wish to adjust the boundary lines between the two parcels; and WHEREAS, in order to facilitate this division, Don and Lori Cochran, owners of Auditor's Parcel 2004120, are willing and able to dedicate a certain portion of said auditor's parcel to the City to be used as public right-of-way; and WHEREAS, said right-of-way to be dedicated is described as "Right-of-way to be Dedicated" on the Road Right-of-Way Acquisition Plat, Iowa City, Iowa, attached hereto, and is currently being used as right-of-way along South Gilbert Street; and WHEREAS, Ciry Code provides that the City formally accept the dedication of land for right-of-way by resolution; and WHEREAS, the City Council finds acceptance of said dedication to be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Acceptance of the above-referenced parcel for public right-of-way, in a form of conveyance approved by the City Attorney's Office, is hereby approved and authorized. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedication. Passed and approved this 6th day of ATTEST: /'~Zl~.,~.~~~ `~ . ~.t~ CITI~ LERK City Attorney's Office .~~, ~~ ~, Resolution No. 09-235 Page 2 It was moved by Hayek and seconded by adopted, and upon roll call there were: AYES: NAYS: ~.- x ~_ x ~- x x 0' Donnell the Resolution be ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc ~~ ~~ ~ ~ o N ANN ~ ~ m ~ U m F~N ~ }' ~-- Q ~ ~ ~ 2. 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M~ ~ ~ Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 09-236 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER WILLIAM AND JOAN GILPIN REVOCABLE TRUST, AND TENANT 2-TONE, INC., D/B/A BLUE BIRD DINER, FOR A SIDEWALK CAFE. WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, William and Joan Gilpin Revocable Trust, as landlord, and 2-Tone, Inc., d/b/a Blue Bird Diner, as tenant, applied for a temporary use of the public right-of-way at 330 E. Market Street, Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be incompliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of- Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. and approved this 6th day of July , 2009. AT~ST: CI~I( CLERK Approv d by: City Attorney's Office Resolution No. 09-236 Page 2 It was moved by Champion and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X x X x x x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc /~~ o~-as-a9 7 Prepared by: Christopher O'Brien, Transportation Services Director, City of Iowa City, 319-356-5156 RESOLUTION NO. 09-237 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE TRANSPORTATION SERVICES DEPARTMENT AND THE AFSCME PAY PLAN BY DELETING ONE FULL-TIME MAINTENANCE WORKER II - TRANSIT BUILDING MAINTENANCE POSITION AND DELETING THREE FULL-TIME MAINTENANCE WORKER II -PARKING SYSTEMS -DAYS POSITIONS AND ADDING FOUR FULL-TIME MAINTENANCE WORKER II -TRANSPORTATION SERVICES POSITIONS. WHEREAS, Resolution No. 09-75, adopted by the City Council on March 10, 2009, authorized permanent positions in the Transportation Services Department for FY10; and WHEREAS, Resolution No. 07-163 adopted by the City Council on May 14, 2007, established a classification/compensation plan for AFSCME employees; and WHEREAS, the Parking and Transit Department was reorganized and changed its name to the Transportation Services Department; and WHEREAS, as a result of this reorganization, the maintenance operations of the department resources were merged; and WHEREAS, the Transportation Services Department has one Full-time Maintenance II -Transit Building Maintenance position; and WHEREAS, the Transportation Services Department has three Full-time Maintenance II -Parking Systems -Days positions; and WHEREAS, an evaluation of duties performed by the Maintenance II -Transit Building Maintenance position within the Transportation Services Department showed performance at the same level as a Maintenance Worker II - Parking Systems -Days; and WHEREAS, it was determined that the Transportation Services Department would be best served by the deletion of one Full-Time Maintenance II -Transit Building Maintenance position and by the deletion of three Full-time Maintenance II -Parking Systems -Days positions; and by the addition of four Full-Time Maintenance Worker II - Transportation Services position. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the Transportation Services Department be amended by: 1. The deletion of one Full-Time Maintenance II -Transit Building Maintenance position, AFSCME Grade 4. 2. The deletion of three Full-time Maintenance II -Parking Systems -Days positions, AFSCME Grade 5. 3. The addition of four Full-Time Maintenance Worker II -Transportation Services position, AFSCME Grade 5. The AFSCME pay plan be amended by: 1. The deletion of the position Maintenance Worker II -Transit Building Maintenance, grade 4 2. The deletion of the position Maintenance Worker II- Parking Systems -Days, grade 5. 3. The addition of the position Maintenance Worker II -Transportation Services, grade 5. Passed and approved this 6th day of ATTEST: ~~ ~ - CIT LERK wpdata/tra nsportationlres/mwl I. doc Resolution No. 09-237 Page 2 It was moved by Hayek and seconded by 0' Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdafa/glossary/resol utio~-ic. doc ~...: city of Iowa city PARKS AND RECREATION DEPARTMENT 220 S. Gilbert Street TO: Dale Helling, City Manager City Council FROM: Michael Moran, Acting Director, Parks and Recreation DATE: June 23, 2009 RE: Oakland Cemetery You have two resolutions on your agenda concerning Oakland Cemetery and thought you may need some explanation for each resolution. The first one is the result of our budget cut discussions that have taken place over the last few months. It has been eight years since fees have been looked at and raised. After discussion with the funeral directors in town about what the market can bear and what people are comfortable and tolerable with, we felt that the attached fee list is appropriate with the surrounding cemetery's and their fee structure. We will undergo a more systematic approach in reviewing fees and being more consistent so that we don't have a large gap of time when fees are discussed. The second resolution involves two minor changes to the cemetery regulations; One involves a change in the fee of disinterment due to the fee structure changing for all categories and the second involves a minor change to the size of monuments in the infant/baby area of the cemetery to conform with size requirements in the regular sections of the cemetery. I will be present at your work session and formal meeting on Monday and can answer any questions that you might have regarding these two items. Yvl~q Prepared by: Tammy Neumann, Parks and Recreation, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 09-238 RESOLUTION ESTABLISHING A REVISED SCHEDULE OF RATES AND CHARGES FOR INTERMENTS, LOT SALES AND OTHER SERVICES IN OAKLAND CEMETERY. WHEREAS, Ordinance No. 10-7-3 of the City Code provides for the establishment of a schedule of rates and charges for Oakland Cemetery by resolution; and WHEREAS, the City Council of Iowa City last adopted schedules of rates and charges for interments, lot sales and other services in Oakland Cemetery by Resolution No. 01-245; and WHEREAS, it is in the public interest to revise said schedule of rates and charges as shown on the attachment, which is hereby incorporated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY IOWA, that Resolution No. 01-245 should be and is repealed, and that the attached schedule of fees and charges for interment and other services in Oakland Cemetery is hereby adopted, to become effective July 7, 2009. Passed and approved this 6th day of ATTEST: /~1 A... ~~ ~Q~ CI CLERK It was moved by Wright and seconded by xa~ek the Resolution be adopted, and upon roll call there were: AYES: X ~~ -~ x x X ~- NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright parksredreslcemeteryrates.doc City Attorney's Office ~ /j ~v 9 7/7/09 Comparative Information CEMETERY RATES & CHARGES INTERMENTS PROPOSED CURRENT MEMORY ST. JOE'S GARDENS INFANT: Weekday 100 70 M-F 470 75 Partial Weekend/Holiday 150 90 Holiday 1875 100 Full Weekend/Holiday 200 110 620 (Sat.) 100 1425 (Sun. CHILD: M-F 670 Weekday 350 270 Holiday 1875 NA Partial Weekend/Holiday 500 290 795 (Sat.) NA Full Weekend/Holiday 700 335 1,425 (Sun.) NA ADULT: M-F 870 Weekday 600 500 Holiday 1875 500 Partial Weekend/Holiday 800 600 1075 (Sat.) 500 Full Weekend/Holiday 1000 650 1425 (Sun.) 500 CREMATION: M-F 620 Weekday 200 135 Holiday 1875 150 Partial Weekend/Holiday 300 170 745 (Sat.) 150 Full Weekend/Holiday 400 210 1425 (Sun.) 150 COLUMBARIUM NICHES: M-F 620 Weekday 200 135 Holiday 1875 NA Partial Weekend/Holiday 300 170 745(Sat.) NA Full Weekend/Holiday 400 210 1425 (Sun.) NA WEEKDAY OVERTIME Actual Cost Actual Cost 125 Per Hour NA LOT SALES PROPOSED CURRENT MEMORY ST. JOE'S. GARDENS MONUMENT AREAS: Infant N/A 100 NA 95 Adult 700 600 900-1,000 700 Cremains N/A NA NA 700 (1 or 2) FLUSH MARKER AREAS: Infant 200 NA NC 95 Adult 600 500 410-910 600 Cremains 300 200 410-510 600 (1 or 2) COLUMBARIUM NICHES 1450- 2400 700 600 NA NON-RESIDENT Add 50% Add 50% M-F Hours NA 9-3 Sat/Sun/Holid -ays 9-2 OT charge will apply to any funerals outside of these scheduled times EQUIPMENT AND ADDITIONAL SERVICES Tent (optional) $ 80.00 $160.00 $160.00 Lowering Device (optional) $100.00 $200.00 $200.00 Extra Maintenance - Adult, No Vault $200.00 NA NA Finder's Fee NC* $65.00 $65.00 Weekday Overtime Actual Cost NA NA M,I~ 9 Prepared by: Tammy Neumann, Parks and Recreation, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 09-239 RESOLUTION ADOPTING REGULATIONS FOR OAKLAND CEMETERY REGARDING THE RIGHTS OF LOT OWNERS, MAINTENANCE PRACTICES AND RULES FOR VISITORS. WHEREAS, Ordinance No. 10-7-2 of the City Code provides for the establishment of regulations governing the operation of Oakland Cemetery by resolution; and WHEREAS, the City Council of Iowa City last adopted such regulations by schedules by Resolution No. 01-246; and WHEREAS, it is in the public interest to revise said regulations as shown on the attachment, which is hereby incorporated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY IOWA, that Resolution No. 01-246 should be and is repealed, and that the attached regulations governing operation of Oakland Cemetery is hereby adopted. Passed and approved this 6th day of ATTEST: ~ ~ - 7 ~' CIT ERK It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: X x x x X x O'Donnell ABSENT: the Resolution be Bailey Champion Correia Hayek O'Donnell Wilburn Wright parksredres/cemeteryregs.doc .UU-~,~,. ~wwyU'trt~ W `City Attorney's Office V(t y~c~ OAKLAND CEMETERY REGULATIONS Purchase of Lots Persons desiring to purchase a lot or niche in Oakland Cemetery are referred to the cemetery staff. Following the selection of a lot or niche, the prospective purchaser will be given a lot/niche order, which is to be taken to the Finance Department in the Civic Center along with full payment. The transaction will be receipted and a deed will be prepared by the City Clerk and mailed to the purchaser. Cemetery deeds will be placed only in the name(s) of a living person(s), except in the case of a single space purchased by the estate of the deceased when there are no living relatives. At the time of need, the cemetery must be fully paid prior to the opening of the grave or niche. Ownership Rights The term "lot owner" or "ownership" shall be defined as the right to use a lot or niche, or part of a lot, as purchased from the City for burial purposes only, and under the existing and subsequent rules and regulations as prescribed by the City for such use. Lots or fractional lots, for which the City has issued lot deeds, will not thereafter be divided except by consent of the City. All lots and niches are exempt from taxation and cannot be seized for debt (except those owed to the Cemetery) nor can they be mortgaged. The City shall have the right to assume, at all times, that the lot/niche owner acquired the lot/niche for the interment of herself/himself and family members. Unless otherwise directed in writing and filed with the City Clerk by the owner, devisees, or heirs, the City will permit the interment of family members at the request of any interested person upon the proof of eligibility for burial as follows: a. The surviving spouse of the lot/niche owner shall have the first right to interment or to direct the right of interment. b. When there is no surviving spouse, the devisees or heirs of the owner may, by agreement in writing, determine who among them shall have the right of interment or direction of interment, which agreement shall be notarized and filed with the City Clerk. c. In the event the owner, devisees, or heirs shall not have arranged for future interment, then the devisees or heirs as the case may be, of such owner, shall have the right to interment in order of their need. The City Clerk shall notify the Cemetery personnel of any changes in deed recording. All burial rights in Cemetery lots/niches purchased from the City occupy the same position as real estate at the death of the owner. Only persons whose names appear on the Cemetery records of the City will be recognized as owners or part owners of lots/niches. In the case of the will, a certified copy of the will shall be delivered to the City Clerk before the City will recognize the change in ownership. If the deceased lot/niche owner left no will, satisfactory proof of descent shall be presented. The title of a Cemetery lot/niche invests the owner the right to use such lot(s) for burial purposes only, for themselves, their heirs, or any such person(s) as they may choose to admit, provided such admission is free of charge and without compensation and in accordance with the Cemetery Rules and Regulations. Lot/niche owners may not resell or transfer their lots/niches or parts of lots to anyone whomsoever. Transfer may be made only to the owner's spouse or children by the surrender of the original deed and issuance of a new deed by the City to the new owners of lots/niches or parts of lots so transferred. Lot/niche owners desiring to dispose of lots/niche(s) or parts of lots, may upon surrender of the original deeds, sell the lots/niche(s) or part of lots, back to the City for a price not to exceed the original purchase price of the lot/niche. Niches cannot be repurchased if any engraving has been done. Certain older lots, no longer usable due to their small size, would have no resale value and are best left open. Said lots could be used, with the permission of the owners or heirs thereof, to further the Cemetery beautification plan. Interment The funeral director, or person(s) making arrangements, for the interment shall, as soon as there is knowledge of a pending service, notify the Cemetery staff. Said notification, including all information pertaining to the gravesite and additional information as required, shall be provided by the funeral director or person(s) assuming responsibility for the service. Based on the information given to them, Cemetery staff will locate the exact site and determine the earliest possible time a service can be held. When definite information for locating the gravesite is not available, the Cemetery staff will exercise its best judgment in making the location. The Cemetery assumes no responsibility for any error in such a location. If a burial permit is required by the Code of Iowa, Chapter 144.32, no burial will be allowed until a burial permit is provided to the Cemetery staff. A charge for opening and closing the grave or niche, as well as the sodding or seeding of the grave, will be made at a current rate set by the City. The payment of said charge becomes the responsibility of the individual(s) in charge of interment. The account becomes due upon receipt of a statement issued by the City of Iowa City. Individuals, who make the arrangements, if not a funeral director, must make payment prior to the grave or niche opening. Graves shall be dug by Cemetery staff and shall conform to all applicable state laws. Only Cemetery staff shall open niches. 2 A member of the Cemetery staff shall be present at every interment or service. The interment of bodies of persons who have died of a contagious disease shall be in strict accordance with the rules of the State Board of Health. If a permanent type of outer container is not used for the interment, a special charge will be levied to cover the extra maintenance required. Said special charge is listed in the Schedule of Rates and Charges. In areas of Oakland Cemetery established prior to January 1, 2000, the minimum container used for the interment of an adult body shall be an enclosed container with a bottom strong enough to support the weight of the body when lifting at each end. Adult-sized interments made in areas established after January 1, 2000 require apermanent-type container of concrete or other approved material. The interment of more than one body in a single casket will not be allowed except in the case of a parent and infant or two children interred at the same time. The limitation of numbers of cremated remains allowed in one full body grave space purchased prior to July 1, 1991 is regulated only by space. Full body adult graves purchased after June 30, 1991 are limited to a maximum of four cremated remains each and only if planned in advance. In all cases, multiple interments and/or cremated remains, marker regulations must be observed. Interments requiring special consideration(s) of utilizing equipment not normally available to the Cemetery staff could be provided upon request. Adequate time must be allowed for preparation. Fees and charges must reflect the cost of the extra equipment, time and materials. Such practices must be arranged by advance notification. In addition to interment of cremated remains on family lots, there are two areas available for the interment of single cremated remains and a columbarium for the interment of single cremated remains. Locations and size restrictions can be obtained from Cemetery staff. Exceptions to allowing one cremated remains to a single space or niche will be made only in case of a parent and infant or two children interred at the same time. Only one urn may be placed in a niche. Cremated remains must be interred or inurned and may not be distributed into the atmosphere. Single burial spaces for infants/babies are available in two areas - Babyland with 2' x 4' spaces and Innocence with 2.5' x 4.5' spaces. No interments of a body other than that of a human being will be permitted. Should weather become a factor, or when several burials occur in a one (1) or two (2) day period, the Cemetery staff shall schedule interments, working in close cooperation with the funeral directors. To avoid conflict, it will be necessary to honor service communications from the funeral directors according to the time received. Whenever possible, interments will be scheduled to enter Oakland Cemetery no later than 3:00 p.m. Monday through Saturday. Interments that require work being done other than during regular work hours Monday through Friday will be charged extra at the current overtime rate for 3 actual time spent. Interment normally will not be scheduled on Sunday or an official City holiday. Removal (Disinterment) Removals of bodies from graves in Oakland Cemetery will be done only by the City, in accordance with the requirements or the statutes of the State and the rules of the State Board of Health. Charges made by the City for removal will be made in accordance with the difficulty of the work and are payable in advance. Disinterment's can only be scheduled Monday through Friday between 8 a.m. and 2 p.m. The disinterment charge will be double the appropriate resident/non-resident weekday charge. The minimum charge will be equal to twice the current charge for opening a grave of similar size. Lot owners or their heirs desiring graves opened shall secure the necessary disinterment permit from the State and deliver it to the Cemetery staff. Public Lots Grandview Addition, Lots 60 through 70 and Lots 77 through 78 and Valleyview Lots 53 through 78 and Lots 131 through 156 have now been designated as a burial ground for those persons for whom no other place is provided. The graves will normally be dug in sequence and in an orderly fashion except in the case of a requested reservation of a space for a spouse or sibling(s). The requested reservation shall be made in writing and must be renewed annually. If the person being interred in the reserved space doesn't meet welfare requirements, the space must be purchased at the current rate and the full interment charge must be paid. The Cemetery staff shall record all interments. The west one-fourth (W 1/4) of block thirteen (13) of Oakland Cemetery and any additional space that may be required shall be designated as burial ground for any soldier who died in the service of his/her country and the same is hereby dedicated to all members of the Armed Forces. If no funds are available for the interment of the deceased either from the estate of the deceased or from other private sources, the City of Iowa City will bill the funeral director or person(s) making arrangements for payment of services rendered by Oakland Cemetery. Said billing shall ask that the City of Iowa City be paid for its service to the fullest amount or by not less than 33 1/3% of all available funds. All available funds are the total funds available from Federal agencies, State agencies, County agencies and other private sources. Stone and Monument Work Monument dealers and the purchasers are encouraged to contact the Cemetery office prior to ordering a monument to check on monument restrictions. 4 The City of Iowa City does not engage in stone or monument installation or repair; however, all stone and monument work within Oakland Cemetery shall be subject to the following regulations and requirements: All monuments must either be flush with the ground or be at least four inches (4") in height. The base for all-flush monuments or upright markers must correspond as closely as possible to the contour of the existing soil surface. No monument may be installed in such a fashion that it extends beyond the boundaries of the designated lot or grave, or that will interfere with future grave openings or the movement of the Cemetery maintenance equipment. Monuments and/or foundations may not be wider than 65% of the width of the space or spaces and may not be more than 24" from the front to back. Monuments may not be larger than the base. By request, exceptions may be made on larger lots in areas of the Cemetery that were established prior to 1974 or in areas of the 2001 expansion that will not interfere with the opening of graves or the movement of equipment. Polished bases or monuments polished to the ground are not recommended, and the City of Iowa City or its employees assume no liability for the actual damages in the performance of normal maintenance operations. The setting of monuments and the transportation of all tools, materials, etc., within the Cemetery grounds shall be subject to the supervision and control of the Cemetery management. No unnecessary damage to the existing turf will be allowed, and all debris is to be removed from the Cemetery except soil. Excess soil must either be removed from the Cemetery or may be placed in the Cemetery stockpile. It may not be used to fill in low areas or distributed on adjacent lots. Heavy trucking will not be permitted within the Cemetery when, in the opinion of the Cemetery management, such work might cause damage to the grounds or driveways. Once begun, all monument and stone work is to be completed and any accumulated debris is to be removed from the site within aseven-day period. All work must be done during regular Cemetery hours of operation, Monday through Friday, unless by special permission from the Cemetery management. The local climate is such that marble is not recommended as a suitable material for monument use. Granite is a much more durable stone. Bronze is an acceptable material. Cemetery management prior to installation must approve other material. Only those lot pins set by the City of Iowa City are allowed in areas where lots/spaces are pinned individually. Stone work or monuments of any sort, once established in Oakland Cemetery, may not be removed except by permission of the Cemetery management. Details 5 concerning monument restrictions for specific areas of Oakland Cemetery are found in Individual Lot Restrictions. Vaults and Mausoleums Vaults or mausoleums are not permitted on lots less than 400 square feet and the portion of the lot occupied by the building shall not exceed 25%. In no case will permission be given to set the building nearer to the lot line than five (5) feet. Where the vault or mausoleum exceeds five (5) feet in height, the setback shall be five (5) feet plus one (1) foot for each additional foot or fraction thereof. All applications for permits to erect such structures shall be made in writing to the Cemetery management. Complete plans and specifications of the proposed construction, including details of materials, workmanship, method of construction, etc., shall accompany such an application, and the approval of the City of Iowa City shall be obtained before any construction work is begun. The City of Iowa City reserves the right to prohibit the erection or any structure that is not considered to be safe, suitable, desirable or appropriate. Before any vault or mausoleum may be erected, the lot owner shall pay the City an amount of not less than ten percent (10%) of the cost of the structure. Check is to be made payable to the City of Iowa City and submitted to the Finance Department, and will be used by the City for the future care and maintenance of the structure and grounds. Vaults and mausoleums may be placed only on such lots considered to be appropriate for said purpose by the Cemetery management. Maintenance Practices Oakland Cemetery, anon-perpetual care cemetery, assumes all responsibility for the maintenance of all lots that have been sold or will be sold. All monies previously collected for perpetual care will be held in a separate trust and interest therefrom will be used to maintain graves deeded under perpetual care. Landscaping and maintenance of the Cemetery, including all lots therein, shall be under the direction of the Cemetery staff. Permission for all permanent plantings must be acquired from the. Cemetery staff. Permanent plantings that are planted without permission may be removed without notice. Generally, it will not be possible to locate evergreen or shrub plantings directly on the gravesite. In most cases, a nearby location will be designated as part of a group planting to enhance the entire area. Existing individual lot plantings may be trimmed or removed by the Cemetery staff when they have become unsightly or unmanageable. Individual plantings so removed may be replanted as a part of a group planting. 6 No hedges, fences, or enclosures of any kind will be permitted on or around lots. Any objects that are obstructing the general maintenance of the Cemetery shall be removed without notice. Existing enclosures will be removed when they have deteriorated to an unattractive or unsafe condition. Live flowers in plastic or paper mache' containers are most welcome and may be used at all times. Annuals or perennials planted on the graves must be limited to a small area directly next to the monument and must be mulched and tended by the planter. Plantings must be kept weed and grass free, and those that are not tended and become unsightly shall be removed without notice by Cemetery staff. Plantings must be on the respective lot and not extend more then 12" from the monument. The Cemetery staff assumes no responsibility for the preservation, maintenance, or protection of any type of grave decoration. Plants that must be removed for grave opening will be set to the side and are the planter's responsibility to replant. Placement of funeral or special anniversary flowers will be allowed for a period of approximately five days; after this period, they will be removed. Notification of placement of special flowers will be given to the Cemetery Superintendent. Artificial wreaths, artificial flowers, and holiday decorations may be used any time between November 15 and March 1 and for a period of four (4) days before and five (5) days after Memorial Day. After that period, if not claimed, they will be removed from the site. The Cemetery staff assumes no responsibility for lost or stolen articles. The use of flags and emblems may be used for a period of four (4) days before and five (5) days following Memorial Day, but they will be removed and stored, without responsibility for preservation, if still in place on the sixth day following Memorial Day. All wooden boxes, glass jars and bottles, toys, cans, wired flowers, and other objects that might create a mowing hazard will not be permitted during the mowing season except as designated and, when used, will be removed and disposed of by the Cemetery staff without notice. Shepherd's crooks are permitted, but when used they must be placed directly next to the side of the monument with the crook over the monument. All paintings or decorations placed on the crook must comply with all Cemetery decoration rules. Exceptions may be made in Babyland and Innocence sections if approved by the Cemetery management. The City of Iowa City reserves the right for its staff and other persons to enter upon or cross over any lot in the Cemetery when deemed necessary to the performance of normal Cemetery operation. The City of Iowa City reserves the right to move monuments for the purpose of machine digging graves. The City of Iowa City assumes the responsibility for resetting the monument in a timely manner. The City of Iowa City or its employees assume no responsibility for actual damages or mental anguish in the performance of its normal operation, or loss by vandalism or other acts beyond its reasonable control. The lot owner should feel free to consult with the Cemetery staff regarding any item or clarification of the rules and regulations at any time. 7 Rules for Visitors Visiting hours for the Cemetery are from 7:30 a.m. to 9:00 p.m. Visitors are requested to use designated walks and drives and not to trespass unnecessarily on Cemetery lots, pick any flowers, damage any shrub, tree or plant, or mar or deface any monument, stone or structure in the Cemetery. The use of materials such as are necessary to produce the art form known as rubbings or tracings are prohibited on any monument, stone or statuary within the boundary of Oakland Cemetery. Controlled use permits are required for all special projects or groups entering the Cemetery for purposes other than attending funeral services or a gave visitation. Special use permits are available at the Cemetery office or on the City of Iowa City web page at www.icgov.org. Arrangements must be made well in advance of need. Filming or videotaping of funeral proceedings is not allowed without permission from the immediate family. Brown Street is designated as the entrance and exit for vehicles in Oakland Cemetery. Vehicles traveling within the Cemetery shall observe the hours of visitation as previously stated and shall proceed at a rate not to exceed ten (10) miles per hour. Drivers should be aware at all times of the City's right to alter, change or close alleyways, roadways, and other physical properties of the Cemetery. Firearms will be allowed inside the Cemetery only for use at military funerals. Special permission must be obtained in advance from the Cemetery Superintendent. It is unlawful to bring, cause, or permit a dog or any animal to enter the Cemetery except seeing eye dogs, unless confined inside a vehicle. Individual Lot Restrictions Graceland, lots 1-281, Grandview, Prospect Hill, Fernland, Fairview and all numbered block sections, except for lots numbered above 92 in block 9 and 108 in block 29, are designated as having unrestricted monument privileges that permit the installation of both family monuments and individual grave monuments where the lot area is of sufficient size. The monument must be placed on solid ground and shall not interfere with future grave openings or the movement of Cemetery maintenance equipment. On Graceland Drive, the monument must be on the west for lots 1-110 and lots 160-208. The monument must be on the east for lots 111-159. Additional monuments, if used, must be flush with the contour of the existing ground. 8 Glenview, Cedarview, Sunny Slope, and lots numbered above 92 in block 9 and 108 in block 29 have flush monuments. Only one monument per grave or a double monument, as for husband and wife, for two adjoining graves is permitted. Innocence (an infant baby area) monuments are restricted to 65% of the width of the space, or 20 inches, and may not be more than 10 inches from front to back. The monument must be placed at the west end of the lot and placed flush with the contour of the existing soil. Babyland monuments are restricted to 65% of the width of the space, or 15.6 inches, and may not be more than 9 inches from front to back. The monument must be placed at the west end of the lot. The monument must be on the west end of all lots in Rose Hill, Oak Green, and Graceland lots 282-331. Foot stones, if used, must be flush with the contour of the existing soil. Foot stones may be placed at any time on lots that are 12 feet long, but may be placed after burial only on lots that are 10 feet long. Oak Ridge, lots 1-94 and 285-380: monuments must be flush with the contour of the ground and must be placed at the north end of the lot. Lots 95-188 and 381-439: monuments must be placed at the north end of the lot. Lots 189-284: monuments must be placed at the south end of the lot. Sunrise: Lots 1-39, 105-126, 160-172 and 192-198: monuments must be flush with the contour of the ground and must be placed at the north end of the lot. Lots 40-78, 127-144, 173- 182, and 199-204: monuments must be placed at the south end of the lot. Lots 79-104, 145-159 and 183-191: monuments must be placed at the north end of the lot. In Deerview: all monuments must be flush with the contour of the ground and must be placed at the west end of the lot. Forrest Lawn: lots 1-26, 70-80, 129-137, and 162-174: monuments must be flush with the contour of the ground and must be placed at the north end of the lot. Lots 90-108: monuments must be flush with the ground and must be placed at the south end of the lot. Lots 53-69, 109- 118, and 138-146: monuments must be placed at the north end of the lot. Lots 27-52, 81-90, 119-128 and 147-161: monuments must be placed at the south end of the lot. In Oakview: monuments must be flush with the contour of the ground and must be placed at the north end of the lot. Valleyview: lots 27-78, 131-156, 209-236, 284-302, 341-359 and 398-416: monuments must be flush with the contour of the ground and must be at the west end of the lot. Lots 1-62, 105-130, 183-208, 303-321, 360-378 and 417-435: monuments must be placed at the west end of the lot. Lots 79-104, 157-182, 237-283, 322-340 and 379-397: monuments must be placed at the east end of the lot. 9` Hickoryview: lots 44-85, 166-203, 275-305, 347-356, 380-397, 416-440, 490-514, 569- 598, ¢54-677, 722-740 and 774-788: monuments must be flush with the contour of the ground and must be placed at the west end of the lot. Lots 1-43, 127-165, 241-274, 327-347, 398-415, 441-464, 515-540, 599-628, 678-699, 741-757 and 789-803: monuments must be placed at the west end of the lot. Lots 86-126, 204-240, 306-326, 357-362, 365-379, 456-489, 541-568, 629- 653, 700-721 and 758-773: monuments must be placed at the east end of the lot. Lots 363 and 364: monuments must be flush with the contour of the ground and must be placed at the east end of the lot. Forestview Columbarium: the City reserves the right to approve the design and lettering of any niche face or bud vase. The face of a niche is 12" by 12". All engraving, inscription, lettering, symbols, insignias, etc. are to be cut into the polished face. No coloring or highlighting is allowed. The lettering for the name and dates shall be #9 Condensed Roman. Additional sayings must be #20 Vermarco. Attachments are limited to one small bud vase for cut flowers in the mowing season and artificial when allowed (see maintenance section of rules). No temporary attachments such as tape, wire, string or stickers are allowed. All bud vases shall be of the same style, size and color. Bud vases must be mounted on the right side of the niche and the decorations may not encroach on adjoining niches. Fees and Payments The payment of fees and charges is due when billed by the City. Fees, rates and charges shall be specified herein or as established by the City Council. Parksrec/cemetery/regulations. doc 2009-06-18 10