1965-06-22MI~TES OF THE ~E!;TINc OF J~IE 22~ 196~ at 8:00 P.M. at~ae MO!~D ;~RE S?ATION
Present were: Mayor R. C. Koehn~ Trust :es ,lames Scruton~
De] Pfeifer~ Attorney Ray ?!oetz; M~n~ger Leonard Kopp;
LeRoy Winner,
Vernon Brandenburg and
E~gineers William Schoe!l~
The Mayor displayed the plaque ~iven to him as a award for the elected, smmointed and
emmloyed people and other citizens o'? the village in recognizstion of their efforts
durinR the recent disaster. The mayor directed the Vi!]_s,-e Manager to hang it in
the Village Office.
CEMETERY ORDINANCE
Pfeifer moved and fo!lowin~ ordinance and Brandenburg seconded the motion
ORDINANCE NO. __ 1~4 __
AN ORDINANCE CONTINUING MUNICIPAL CEMETEEY
AND
REGULATING THE MAINTENAYCE AND USE THEREOF
BE IT ORDAINED BY THE VILLAGE COUNCIL OF MOUND, MINNESOTA:
That the Mound Code or Ordinances be, and hereby is
amended by adding to the provisions thereof Chapter
5, "Municipal Cemetery", as follows, to-~t:
CHAPTER 5.
MUNICIPAL CLM. ETERY
SECTION 5.01 Establishment of Cemetery. A public cemetery
has been established and is continued upon land owned by
the Village of Mound in the County of Hennepin, State of
Minnesota, and described as follows:
"Commencing at the intersection of the West line of
Government Lot No. 5, Section 22, To,reship 117,
Range 24 with the North line of County Road 1 ~0;
thence North 545 feet; thence East 468 feet; thence
South to the North line of said County Road; thence
Westerly along the North line of said County Road
to the beginning."
A plat of the cemetery has been placed on file in the of-
fice of the Village Clerk and is hereby adopted as the of-
ficial plat of the cemetery which shall be designated the
"Mound Cemetery?. No persons shall lay out or establish
any cemetery or use any lot or land ~thin the Village of
Mound for the burial of the dead except in the Mound
Cemetery or other tract of land duly designated bY Ordinance
of the Village of Mound as a cemetery.
SECTION 5.02
Definitions
The terms "Lot" "Plot" or "Burial Place" shall be
used interchangeably and shall apply with like
effect to one or more than one adjoining grave·
The term "Interment" shall mean the permanent
dispostion of the remains of the deceased person
by entombment or burial.
The term "Memorial" shall include a monument,
tombstone, marker, tablet or headstone for family
or individual use.
de
The term "approved outside container" shall mean
a burial vault of material, construction and design
approved by resolution of the Village Council.
SECTION 5.032 Use of Lots
No lots shall be used for any purpose other than the burial
of human remains and the placing of appropriate memorials.
SECTION 5.033 Purchase Payments Op~tions~
Upon payment in full of the purchase price of a lot, the
cemetery will issue a deed conveying the lot executed by
the Mayor and the Clerk, and the~deed shall be recorded
in the records of the Village. ~n interim receipt may be
issued at that time which may be exchanged for the completed
deed which will be ready for delivery within ten days.
Lots may be purchased on a deferred payment contract. Such
contract shall be signed by the Purchaser and approved by
the Council. This contract shall stipulate the amount paid
and the terms for payment of the balance. Deferred payments
shall bear interest at the rate of 6% per annum from the
date of execution of the Contract. Before a burial is per-
mitted, an amount equal to the actual space used plus the
interment and disinterment charges must be paid. No memorial
may be installed Un the lots purchased on deferred payments
until the full pu~chaae price has been paid.
SECTION 5.034. Sole OwnershiR
No lots will be sold in joint ownership or common ownership.
The title must stand in one name, but where two or more
persons join in paying for a lot, their respective interests
and rights may be protected by placing the lot in trust,
said trust conveys the lot to the Cemetery to be held as a
place of burial for the persons specified in the trust agree-
ment. No lot may be placed in trust until the full purchase
price has been paid.
SECTION 5.035 Subdivision prohibited, Transfer, Resale, Re- assi .~nment Restricted
No lots shall be subdivided by the oxener. No transfer,
resale, reassignment, or other disposition may be made by
a lot owner of any interest in his lot, except by will under
the governing laws of the State of M~nnesota, without secur-
ing the written consent of the Village Council and the Vil-
lage Council reserves the first option to repurchase the lot
or fractional lot at the original sale price. No lot will
be permitted to be resold, disposed of, or otherwise used
until the purchase price and all unpaid charges, including
charges for permanent or special care have been paid in full.
SECTION 5.036 Conditions of Sale
The instrument of conveyance and the Ordinances, Rules and
Regulations and any amendments thereto constitu~te the sole
agreement between the cemetery and the lot owner. The state-
ment of any employee or agent, unless confirmed in writing
by the cemetery, shall not be binding. Lot owners are granted
only the right of interment in their lots.
SECTION 5.037 Right to Establish and Revise Cemeter~ Rishts~
of-~Wa~ and Utilities Retained
No easement nor right of interment is granted to any plot
owner in any road, drive, or alley, or walk within the
cemetery, but such road, drive, alley or walk may be used
as a means of access to the cemetery as long as the cemetery
devotes it to that purpose. The right to enlarge, reduce,
replat, or change the boundaries or grading of the cemetery
or of a section or sections from time to time, including
the right to modify or change the locations of, or remove
or regrade roads, drives, or walks, or any part thereof,
is hereby reserved. The right to lay, maintain, and operate
or alter or change pipe lines for sprinkling systems, drain-
age, etc. is also expressly reserved, as well as is the right
to use cemetery property not sold to individual plot owners
for cemetery purposes, including interment of the dead, or
for any~g necessarily incidental or convenient thereto.
The cemetery reserves to itself and to those lawfully en-
titled thereto, the perpetual right of ingress, egress over
the lots for the passing to and from other lots. Only~the~
lot owner and his relatives shall be permitted on the cemetery
lot. ~ny other person shall be considered as a trespasser
and the cemetery shall owe no duty to the trespasser to
keep the property or any memorial or structure thereon in a
reasonably safe condition.
SECTION 5.038 ~mer's Mailing, Address
It is the duty of the lot owner to notify the cemetery of
any change in his pos~]$ffice~a~d~ress. Notice sent to the
lot owner at the last address on file at the cemetery office
shall be sufficient aud proper legal notification.
SECTION 5.039 Right to Correct Errors Retained *~
The cemetery reserves and shall have the right to correct any
errors that may be made by it, either in making interments,
disinterments or removals, or in the description, transfer
or conveyance of any interment property, either by cancelling
such conveyance and substituting and conferring in lieu there-
of, other interment property of equal value in similar location
as far as possible, or as may be selected by the cemetery or
by putting the amount of money paid on account of such purchase.
In the event such error shall involve the interment of the
remains of any person in such property, the cemetery reserves,
and shall have the right to remove or transfer such remains
so interred to such other property of equal value ~.and similar
location as may be substituted and conveyed in lieu thereof.
SECTION 5.04 Su?erinte-adent of Cemetery
The Village Manager shall have control and management of the
cemetery and of the maintenance and improvement of the grounds.
He shall have such powers and duties as are prescribed by
State law and by the ~lllage Council. He shall be the ~ctu~ry
of the Cemetery and shall keep a complete record of the owner-
ship of all lots, keep a register of all interments and dis-
interments, including the name, age, place of birth, residence,
marital status, name and address of next relative, cause of
death and time of interment, disinterment and reinterment.
SECTION 5.05 ~CemM_tery Funds
Cemetery Fund has heretofore been established and is continued.
All money received from the sale of lots and other' services
shall be paid to the ~_llage Clerk who shall give a proper
receipt therefore. No deed to any cemetery lot shall be issued
nor shall any services be performed until payment to the Vil-
lage Clerk of the cost thereof shall be made. All money received
from the sale of lots and for the performance of services shall
be placed in the Cemetery Fund. Such fund shall be used for
maintenance and improvements and for no other purpose. The
Village Treasurer shall keep an account of all receipts and
disbursements of money belonging to the Cemetery Fund and shall
pay money out of the fund only on orders signed by the Mayor
and countersigned by the Village Manager. Such order shall
specify that the money shall be paid from the Cemetery F~nd.
SECTION 5.06 Establishment of Rules and Regulations
The Village Council shall from time to time adopt by resolution,
appropriate rules and regulations governing the rights and duties
of vistors, lot o~ers, and of cemetery personnel. The Village
personnel shall effect compliance ~th said rules, but violations
of any such rules adopted by resolutions shall not constitute
a misdemeanor.
SECTION 5.10 Burial Per~ts
Piror to any interment in the Mound Cemetery, a burial permit
shall be obtained from the local Health Officer. W~thin 36
hours after the death of any person in the Village of Mound and
before the body is removed for burial, the undertaker or person
having charge of the interment shall apply for such burial
permit to the Health Officer. This application for burial
permit shall be acccmpanied by a death certificate and state-
ment showing the naa:e, age and last residence of the deceased,
the date, place, and cause of death, the intended plac$~i~ burial
and such other information as required by the State Bo~d~ of
Health.~]~ No permit for burial shall be issued until the application
and de~th certificate have been properly completed and presented.
The interment pe~t shall be obtained from the Village Manager
after the burial permit has been obtained. The body of a
deceased person shall not be brought into the Village of Mound
for burial unless accompanied by a death certificate and permit
for removal issued by the local Health Officer in the district
wherein the death occurred.
SECTION 5.11
a~
~e,~ulation of Interments
No interment other than that of an immediate relative
or heir of the lot owner may be made in any lot with-
cut the written consent of the lot owner. ~'i~
b. All orders for interments in lots must be signed by
the owner of the lot or his legal representative.
However, when this is impossible because such person
is absent ~from the immediate area, telegraphic per-
mission will be accepted in lieu thereof.
c. Lot owners §hsll not allow interments in their lots
in return for a remuneration of shy kind.
d. No interment of two or ~more bodies shall be made in
one grave except in the case of mother and child or
two infants buried in one casket.
When an interment is to be made in the lot, the location
of such interment shall be designated by the lot o~ner.
Should the lot owner fail or neglect to make such
designation, the cemetery reserves the right to make
the interment in a location designated by the Super-
intendent. When interments are requested to be dug
by the superintendnent or his employees, at least
twen~ty-four hours notification shall be given and the
outside dimensions of the vault to be used shall be
specified.
The Superintendent and his employees at the cemetery
are the only persons who will be permitted to open
graves except when the Coroner directs a disinterment.
ge
In order to maintain a high standard of care and to
eliminate sunken graves, it is required that, all
burials must be made in approved outside containers.
All such containers must be made and installed as
to meet specifications established by the cemetery.
All charges for interment, and/or services in connection
therewith, shall be paid to the cemetery before inter-
ment and the cemetery will issue a receipt for these
charges upon request.
No interment may be made in the cemetery unless all
laws, ordinances, rules and regulations have been complied
with and the purchase price of the lot to be used has
been paid.
Interment in a single grave area must be made in regular
order. No choice of location is permissable in single
grave sections nor can single graves be purchased or
reserved in advance of need. However, single graves
may be procured in preferred locations by the purchase
of one grave in a two-grave lot. These may be pur-
chased in advance of need. Purchasers of single
graves or preferred single graves will be given a
location card but no deed ~ll be issued therefore.
k. All interments must be made at the time and in ~e
manner and upon the charges fixed by the cemetery.
1. The cemetery will not be responsible for any order
given by telephone or for any mistake occurhing from
the want of precise and proper instruction as to the
~ particular space, size.of grave and location in a
plot where interment is desired. The cemetery will
be in no way liable for ~ny delay in the iaterment
of a body when a protest to the interment has been
made or where the rules and'regulations have~not been
complied with and reserves the right under such cir-
cumstances te delay burial until the full rights have
been determined. All protests on.interments shall
be filed in the cemetery~offic~.~
m. The cemetery will not be liable for the interment
permit nor for the indentity of the person to be
interred.
SECTION 5. ~ 2
de
Openi~of Graves and Disinterment
Written permission of the lot owner and the next of
kin of the decedent shall be filed with the cemetery
office, a permit from the local Health Officer shall
be secured and submitted and the required fees paid
before a grave may be opened. These actions shall
be completed seven days in advance of disinterment~
Disinterments may be made in order to place the body
in a laro~er or better lot in the cemetery after there
has been an exchange or purchase of lots for that
purpose. However, the body may not be removed from
the cemetery without the permission of the local
Health Officer. A removal contrary to the expressed
or implied wish of the original let owner is forbidden.
All removals must be made by the Superintendent and
his employees after the proper permits have been filed
and the required fees paid and a receipt issued.
When the Coroner 'directs the disinterment for the pur-
pose of holding an inquest and has filed with the
cemetery his signed authorization to release the bodY
to himself and his lawful agents, the disinter~,~ent may
be made. In such eases, the disintel~aent must be~ade
by the Coroner or his lawful agents. No cemetery
personnel will assist the Coroner or his agents in
such disinterment.
The cemetery will exercise the utmost care in making
a removal but assumes no liability for damage to any
casket or outside container in making a removal.
~en, in the opinion of the Superintendent, a new
outside container is needed at the time of removal,
it must be provided for by the person arranging for
the removal.
SECTION 5.20 Maintenance and Care
ao
The general care of the cemetery includes the cutting
and sprinkling of the grass at reasonable intervals,
the raking and cleaning of the grounds, and the prun-
ing of shrubs and trees that may be placed by the
cemetery, meaning and intending the general preservation
of the lots and grounds, walks, roadways, boundaries
and structures,,to the end that said grounds shall
remain and be reasonably cared for as cemetery grounds
forever. The general care shall in no case mean the
maintenance, repair or replacement of any memorial,
structure placed or erected upon lots; nor the doing
of any special or unusual work in the cemetery, in-
cludingwork caused by impoverishment of the soil~
nor does it mean the reconstruction of any marble,
granite, bronze or concrete work on shy lot, or any
portion or portions thereof in the cemetery, caused
by the elements an act of God, common enemy, thieves,
vandals, strikers, malicious mischief makers, explosions,
unavoidable accidents, invasions, insurrections riots,
or by the order of ~nymilitary or civil authority,
whether the damage be direct or collateral, other th~n
as herein provided.
be
Lot owners desiring additional care of their lots may
arrange for such care with the cemetery office, which
will be glad to give an estimate of the cost of the
work desired. This may be provided forby annual pay-
ments made by the lot owner.
Planting on ]Jots. Planting of flowers, flower beds,
small plants,i shrubs or trees will not be permitted;
but the cemetery will provide general beautification
of the area which will result in a more orderly arrange-
ment and will harmonize with the general plan. Flower
vases and potted plants are not permitted. However,
cut flowers are per~itted and lot owners may install
bouquet holders which are recessed in the ground and
which can be inverted when empty. The cemetery reserves
the right to revise and remove any and all shrubbery
and trees as it deems necessary, without the obligation
of replacement in kind or amount in order to maintain
the harmonious design of the cemetery.
SEc~O~ 5.30
a.
Memorials
Lot owners may provide for the erection of propper
memorial work in the space designated by the Superintendent.
No marker may be placed until the price of the space
used for burial and all burial fees have been paid.
be
Ce
All markers placed shall be of bronze or natural stone.
Limestone, sandstone, or other material which will not
assure relative permanency shall not be used. All
stone shall be first grade clear stone for memorial
purposes and marker manufacturer must guarantee that
such stone is free from sap or other impurities which
will cause rust stain, etc., that it will not chip
or crack and agree 'that should such faults develop
within five years from day of setting, memorial will
be replaced, without' cost to the cemetery or the lot
owner. No artificial stone of any description is al-
lowed. Bronze content shall be not less than 85%
copper snd not more than 5% lead, 10% zinc, 5% tin,
all case from virgin material, average thickness of
3/16 inch to 1/4 inch.
Raised lettering and carving shall not be less than
3/16 inch raised, incised lettering may be used, but
no skinned carving will be allowed. All markers must
be in one piece and set level with the ground.
The markers installed on single graves and lots mat
not exceed the follo~,ing base sizes:
1. Children's single grave sections - 24" by 1 2"
2. Adult's single grave sections - 30" by 15"
In lot sections - 30" by 15" unless stone markers
embracing two adjoining graves are used. Double
markers may not exceed 48" by 1 5" except when
double' markers are used, no marker shall bear
more than one inscription unless .more than one
body was interred in the grave, as in the case
of twin infants, or the mother and infant.
Markers shall not be less than 6" in heighth.
Marker foundations. All foundations must be of suf-
ficient depth as to support the marker. The marker
foundation shall be installed and the stone set by
cemetery employees. The marker foundation and marker
setting charge shall be paid for in advance, in ac-
cordance with the schedule of charges for this work
as filed with the village manager.
fe
Marker Placement: All markers shall be placed parallel
t~ and two (2) inches frOm, the lot line nearest the
roadway or pathway perpendicular to the subject graves.
Where to and opposite roadways or pathways are equi-
distant from said lots, the Council will, by resolution,
designate the lot end for marker placement.
SECTION 5.70 Prohited Acts.
The following acts are prohibited within the cemetery and
the commitment of such acts within the cemetery shall con-
stitute a ~misdemeanor:
ae
D~scharge of firearms or possession of firearms
within the cemetery grounds except a military escort
accompanying a veteran's funeral or attending memorial
services.
be
Picking of flowers, wild or cultivated, breaking or
injuring of any tree, shrub, or plat, or writing upon,
the defacing or injuring of any memorial, fence
or other structure ;~thin the cemetery grounds.
c. Making of any excavation without the consent of the
Superintendent.
d. The obstruction of avenues, roads, walks or alleys.
es
Walking upon or across lots or lawns unless it is
necessary to do so to gain access to one's own lot
or grave.
Es
Motor cars and vehicles travelling in excess of 15
miles per hour.
Failure of a vehicle meeting a funeral procession to
stop until the procession passes·
h. Passing by a vehicle of a funeral procession going
in the same direction.
iJ Parking of a vehicle ~!th the engine running.
Failure to set the emergency brake of a parked vehicle.
k. Driving of the vehicle off the established roadwayj
1. ~isturbing the quiet of the cemetery by noise or
improper conduct of ~ kind.
m. Allo~ng any animal within the cemetery.
n. Loitering or idling within or upon the cemetery grounds
at any time, and beJ~ng in or uoon the cemetery grounds
without written permission of ~he cemetery superintendant
during the hours when the cemetery is closed·
o. Taking a bicycle or motorcycle into the cemetery.
p. Depositing of rubbish or trash upon the drives, paths
or any part of the grounds except the deposit of Such
into receptacles pro~-ided and designated for the purpose.
q. Violation of any provision of this chapter.
SECTION 5.8O
ae
Permanent Care and Improvement Fund
A permanent care and improvement fund is established
as a separate fund for use in maintaining, caring for,
and improving the cemetery and cemetery lots in the
village cemetery, designated as the Mound Cemetery.
All funds received for deposit to the credit of this
fund shall be kept, managed and administered as provided
in the Minnesota Statutes and this Ordinance.
The owner of any lot in the Mound Cemetery desiring
permanent care for such lot, or any person desiring
to make a gift or donation for permanent care of any
lot or lots, of the care and beautifying of the
Cemetery may secure such care without futher expense,
by paying to the Village the amount sho~a~ on the
schedule filed with the Village Manager. All future
purchases of lots or graves shall have included in
thier purchase price the cost of compulsory perpetual
Gar..
Subject t° any disposition otherwise authorized
by the State of ~nnesota all smms credited to the
permanent care and improvement fund shall be paid
quarterly to the County Treasurer. At the time such
payment is made, a statement shall be filed with the
County Auditor setting forth:
The amour~t received from each lot o~er,
or the amount of each gift or donation for
permanent care and maintenance.
2. The name of the lot o~er and the name of .the
donor of each gift.
Subject to any disposition authorized by the state,~
of Minnesota all income received by the Village
from the cemetery fund shall be used solely for
the, purpose of defraying the cost of caring for,
maintaining and improving the cemetery lots, ~or
which permanent care has been provided. Any income
so received ~in excess of amount necessary to pay
for the care of beautifying the lot or any income
not spent in any year for this purpose shall be re-
paid to the County Treasurer for redeposit in the
County Cemetery Fund.
Each year a report shall be filed with the County
Auditor sho~lng in detail how the income received
by the Village from the cemetery fund during the
preceding calendar year has been expended.
5.90
~ay person violating any provision of this Ordinance is guilty
of a misdemeanor and shall be punished'by a fine of not to
exceed $100.00 or by imprisonment for a period not to exceed
ninety (90) day. s
2. Tkis ordinance shall be effective from and after its adoption
for publication according to the law.
Roll ~all Vote
Scruton Aye
Pfeifer AYe
Brandenburg Aye
Koehn AyE
So carried
CEMETERY PRICES ESTABLISHED
Scruton moved and Brandenburg seconded a motion
RESOLUTION 65-135 RY~OLUTION PROVIDING RULES AND REGULATIONS FOR M~NICIPAL C~ME _ERY
Roll Gall Vote
Scruton Aye
Pfeifer Aye
Brandenburg Aye
Koehn Aye
'So resolved
GR&NDVIE~W DRAINAGE
William Hyde appeared and discussed the problem,
an Engineers repor~ ~n the area was available.
the council tabled the matter until
CLTUE PLACE STORM DqAINAGE
The Engineer g~ve his feasiblility report on this matter.
report in abeyance until the complete area studied.
The council held the
EMERALD DRIVE IMPROVEMENT - discussed
CHURCH WAY AND FERN STREET 'OAVING AND IMPROI~NTS
$cruton moved and Brandenburg seconded the motion
RESOI.UTION 65-136 RESOLUTION RE6EIV_Y~G R~PORT AI~D CAI,LING HFARING ON IMPROVEMENT
(Church Way and Fern St. Curb, Gutter and Storm Sewer)
Roll Call Voter
Scruton Aye
Pfeifer Aye
Brandenburg Aye
Koehn Aye
So resolved
TORRENS AoPLICATION BY TONKA TOYS - Discussed
NEW ST J~INI'S CHURCH ROAD IMPROVEMENTS
Scruton moved and Brandenburg seconded the motion
RESO~ITION 6~.37 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMEh~ (Curb,
Gutter, Paving and Storm Sewer, Maywood Road and Fairview Drive)
Roll Call ote
Scruton Aye
Pfeifer Aye
Brandenbur~ A.~ve
Koehn Aye
So resolved
VILLAGE O? SPR!NO PARK HSE O'm OUR FIRE CHIEF FOR ?tE!R FINE MARSHALL - Discussed and
referred to the Fire Chief
SZk~?,R MAI~FPENANCE Wf[GES - Discussed
BI IlL S
The ~ollowing bills were Dresented. Scruton moved and Brandenbur~ seconded a mot_~ on
to Day the follow,ins b~lls where funds are avnilable. The vo%e was unanimously in
favor so carried.
LIO~OR F!~ID
Mound °ho0oi. n~ Cenber
kDMIZ~IST:,~A TI ON FUND
Leona pd Kopp
63.77
POLIC~ ~IND
Barbara Heyman 8.00
S ~:~7,~]R OPERATING FUND
Paul ~' arren
5.63
Total h89o90
Pfeifer moved and Scruton seconded the motion
R ~SO!,!TTION 65-~38
Roil Call Vote
Scruton Aye
Pfeifer Aye
Brandenb~r¢. o Aye
Eoehn Aye
So resolved
REGOLU'PION FOR HEARING O' PROPOSED ASS~E%M2NT (Santitary Sewer
62-1)
RETU_~N PROP,,}RTY TO STATE
Pfeifer moved and Scruton seconded a motion
R~] 30LUTION 6~-139
Roll Call Vote
Scruton Aye
Pfeifer Aye
Brandenburg Aye
Koehn Aye
So resolved
RESIGNATION OF TRUSTEE LE ROY HEIKKVLA
$cruton moved and Pfeifer seconded a motion
RESOLU~ON 65-1ho
RESOLW~70N ACCMPTIFG RESIGNA!TON AND DECI,ARINO VACANCY
ROLl, CALL VO'E
Scru ton Aye
Pfeifer, Aye
Brandenburg Aye
Koehn Aye
So Resolved
Note: All Aye votes were with regret.
EX[~T~SION OF CONTRACTORS CONTRACT - Discussed
ADJOURNMENT
Brandenburg moved and [Scruton seconded a motion to adjourn until the meeting of
June 29, 1965 at 8:00 P.M. at the Mound Fire Station, The vote was unanimom~ly
in favor so carried and adjourned,
~nard Kopp ' ! ~
R. C. Koehn, Mayor