Parks, Recreation & Forestry Advisory Board

Parks, Recreation, & Forestry Advisory Board – AGENDA Thursday, Aug 20, 2020 I City Hall – Council Chambers I 7:30 am Topic: PRFAB Meeting - Aug 20th Time: Aug 20, 2020 07:30 AM Mountain Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/86739984791 Meeting ID: 867 3998 4791 APPROVAL OF AGENDA APPROVAL OF MINUTES ITEMS FROM VISITORS (Policy Note: Visitors are limited to 5 minutes of presentation followed by questions) • Northern Hills Rotary Club – A Discussion of Future Improvements at Rotary Park OLD BUSINESS Board Items • Q & A on August Board Update Director Items • Sports Complex Rendering and Sponsorship Plan Rec & Aquatic Center • Daycare Update Park & Forestry NEW BUSINESS Rec & Aquatic Center • New Operation Phases Board Items Director Items • Approve the MOU with the Pickleball Association • Approve the Master Planning Survey • Discuss New Cemetery Ordinances • 2021 Budget Presentation Park & Forestry Next Meeting – September 17, 2020 7:30 am Council Chambers  Parks, Recreation, & Forestry Advisory Board – AGENDA Thursday, Aug 20, 2020 I City Hall – Council Chambers I 7:30 am FYI ITEMS • Adopt – A – Park • Open Labor Day PUBLIC COMMENT ADJOURNMENT Next Meeting – September 17, 2020 7:30 am Council Chambers  August Park, Rec and Forestry Advisory Board Update Director Update: Exit 8 Rec Path Expansion: The rec path is on track to be bid by DOT this winter/spring for phase 1. The city will bid the RTP section through the sports complex this spring as well. We are still waiting on easements from private landowners. We are also still negotiating with the county on the Hillsview sidewalk portion of the path. Staff also met with the DOT on phase 2 for the TA Grant application. The meeting went well and we will be applying for another $400,000 for phase 2. Staff are proposing a reroute of phase 2. The new route will move over to the west side of Mcguigan Rd at the intersection of old highway 14 and Mcguigan. This will save substantial money in relocating utilities and retaining walls as well as make the path safer for users overall. It will then cross back over to the east side at Butte Electric. This still needs to be discussed with the county and other players, but this is the staff’s recommendation. Pickleball Court Project Renner finished up their portion of the project on August 5th. Our project 2 contractor will now come in and finish tying in sidewalks, install basketball hoops, and final grading. Park staff will then install the windscreen, finish the fine grading and plant grass. The courts should be open for play within the next couple of weeks. Sports Complex I am working with a small contingent of people from the community to start a fundraising campaign. Dave Donat and Mistie Caldwell are representing the PRF Board, Kelly Dardis is representing soccer and the community in general and we are working with several other members of the softball associations to bring them on board. We will be working through naming rights, a sponsorship program, MOU process, and a possible system for associations to pay the city to use the complex to offset the operating costs associated with the new complex. Master Planning Master planning has shifted into overdrive. The survey will go live on August 31st and run for 6 weeks. We are planning community input session dates, times, and locations. We hope to have the master plan in draft form by early 2021. The PRF board will receive and take the survey and provide feedback as well as give input on the draft version of the plan.  August Park, Rec and Forestry Advisory Board Update Budgets The budget process has come to an end. Like other departments, I had to make some tough decisions with the budget. I will be giving you a budget presentation at our meeting in August. Taking COVID-19 into account, we didn’t fair too badly. There will be definite changes in 2021 to our department and the services provided. Rec Center Childcare Ashley, Brett, and I have been negotiating the contract with the selected provider Kid’s Point Daycare. We are covering the many logistics that a daycare brings and I am confident that we have the major issues covered in the contract. We will have 5 spots available for hourly care for our members. The daycare will have access to the hourly care and party room, but will maintain the rooms in a mobile state so we can still utilize the party room for rentals. Although using the daycare as a revenue source wasn’t necessarily the point of bringing it in, we estimate that we will go from a net loss with the hourly care service to a net profit when taking the lease payment and profit-sharing into account. COVID-19 Update Brett and I with the help of the rec center subcommittee are putting together a COVID-19 plan for the fall and winter. Brett will be presenting the plan to the PRF Board at an upcoming meeting. Parks, Rec and Forestry Update Parks 1. Volunteers a. Nancy Coburn is volunteering her time and has been pulling weeds in our landscaped areas through town b. Todd Klopp is volunteering his time and has done a tremendous job of clearing an overgrown area, south of the campground, between the Rec Path and the hydro plant i. This will create an open feeling and great sightlines between the Rec Path and the Bike Skills Park, which is currently under development c. Jack French is volunteering his time and acting as the Garden Manager at the Community Gardens at Spartan Park  August Park, Rec and Forestry Advisory Board Update 2. Adopt-A-Park a. Ainsworth/Benning Construction completed their first workday at Jorgensen Park on Friday, August 7th i. The painted and stained the shelter, picnic tables, around the restrooms, and the older swing set b. BHSU Volleyball team has their first workday planned for Saturday, August 29th i. They plan on painting and staining the shelter, picnic tables, the fence along the east side of the park, and cleaning up litter along the creek c. Monument Health is planning a workday in City Park for sometime later this fall i. They will host an Adopt-A-Park kickoff party on Tuesday, August 25th from 5-7 pm ii. They have split the park into 5 sections and will be assigning different units of the hospital to a section d. Northern Hills Rotary Club has a workday on Saturday, August 15th, at Rotary Park i. They plan on weeding and doing landscape maintenance 3. Bike Skills Park a. The Little Ripper course, north of Winterville Road and east of the creek, has been mowed in and the wildland fire crew dug fire line to get the trail down to the dirt b. The Beginner Loops, south of Winterville Road and east of the Rec Path, have been mowed in and are currently being worked on c. PW has finished the new parking lot, south of the hydro plant, east of Canyon Street i. Large rocks will be placed around the lot to define the parking area 4. Restroom changeover to touchless fixtures a. In response to COVID, we are getting quotes to find out the cost to switch over to touchless fixtures (sinks, soap dispensers, hand dryers, toilets, and urinals) in all our parks and the campground  August Park, Rec and Forestry Advisory Board Update b. Preliminary quotes indicate it will likely be a phased approach and not all at once c. May be eligible for Federal COVID reimbursement money 5. Master Planning a. Bike Spearfish is working with Parks and Rec to develop a Bicycle Master Plan document that will be a part of the Parks and Rec Master Plan 6. Trail Maintenance 101 with Sam Greear a. Sam is the founder of Black Hills Trails b. He would like to instruct a course in how to maintain trails on Lookout Mountain i. Some classwork, some on-trail work c. Would include city staff as well as citizen volunteers who may be interested 7. Spartan Dog Park a. Sod was transplanted from Rotary for the Peace Garden project and established in the Large Dog park b. The sod has established well, and the entire Large Dog park is now open again 8. Rotary Park a. A/B construction poured a 6’x6’ concrete pad, adjacent to the Rec Path, for a new piece of musical instrument donated by KJW Foundation b. KJW Foundation, with the help of Parks staff, will install the feature soon 9. Roughlock Dog Park a. A citizen named Jan would like to build a Little Free Library to be placed at Roughlock Dog Park b. Park staff will help with the install once it is complete 10. Shelter Reservations a. Are now being taken by Public Works  August Park, Rec and Forestry Advisory Board Update b. Existing shelter reservation signs in the parks are being updated with the new contact information 11. Tree Removals a. Tree Wisemen won the bid to remove two dead trees on city property i. One on Hillcrest as you approach the cemetery ii. One at Lions Park along the Rec Path iii. Total cost of 2 tree removals, including stump grinding, was $3,200 Campground 1. YTD reports a. Revenue i. 2018 - $283,613.00 ii. 2019 - $329,189.50 iii. 2020 -$384,495.00 b. Up 17% from 2019 c. Up 35% from 2018 Spec Rec 1. BHSU softball fields a. One light pole is not working b. Cost is approximately $750 plus labor c. MOU states the fix is a 50/50 cost share between the City and BHSU  August Park, Rec and Forestry Advisory Board Update Rec and Aquatics Update Silver Sneakers meeting • Brett had a meeting with a dozen silver sneakers members on Monday. The group was in favor of getting classes going again. The following safety ideas and protocols were discussed. o Move the class to the south gym. o Limit the class to 24 participants. o Create 10 feet of distance between each person. o Have staff and participants clean all equipment before and after class. o Require preregistration for the class. Rec Center Provided daycare • 21 different kids have registered since June 1st • Daycare has brought in $7,810 as of August 14th • Service will continue until Sept 4th due to the public schools changing their start date to September 8th. Rec Center Memberships • We have lost about 25 % of our members since March. We normally lose about 5% from March to July due to lack or us during the summer months. With that in mind, we have lost 20% of memberships due to COVID. • Total number of active memberships on March 13th, 2020 = 1802 • Total number of active memberships on July 28th. 2020 = 1342 • Total number of active memberships in March 2019 – 1320 • Total number of memberships in July 2019 - 1265 • Even with COVID in July 2020, we had 77 more active memberships than July 2019. Funding Cost Sponsorship of 1 Championship Field: ($50K) 50,000.00 $10,000/year Sponsorship of 6 Large Fields ($40K) 240,000.00 $8,000/year Sponsorship of Concession/Restroom Bldg 75,000.00 $15,000/year Sponsorship of 6 Parking Lot sections ($10K) 60,000.00 $2,000/year Sponsorship of 4 Shelters: (10K) 40,000.00 $2,000/year Sponsorship of Boulevard ($40K) 40,000.00 $8,000/year Sponsorship of Annual Signs on Fencing ($500/year) 45,000.00 $500/year x 3years Sponsorship Fundraising Goal: INCOME 550,000.00  SRAC Operations procedures to reinstate programs and fitness classes This document is designed as a guide to reinstating programs and can be modified at any time. Youth Football league • Registration is currently open. We are not taking any payment until we see numbers from our community and the other communities in the league. If we get to have a season, we will collect fees at equipment check out. • We have incorporated COVID precautions recommended by the National Council of Youth Sports. • Parent Meeting on August 17th, 6:00 pm at the Rec Center. • Follow the Spearfish School Districts' recommendations on cancelation protocols for our teams. 5 on 5 adult basketball league • Start Thursday, October 8th • 6-week league. • 3 extra timeouts per game to clean/sanitize the ball. • A freshly cleaned sanitized ball will be used for each game. • Players will be asked to use hand sanitizer before each game and during time outs. • A player showing any symptoms of sickness well be asked to leave. After School time September 8th • The gym will be broken into two sides with 20 kids allowed on each half. • Different activities will be available in each section. • Kids will be allowed to move from one location to another if space allows. • A snack will not be provided. • Concessions will not be provided. • Gym and all other touch surfaces will be cleaned/sanitized at 2:30 before the kids arrive, and at 5:30 once most kids have left. • Check Temperatures of each child before allowed into the gym area. • If a child is showing any symptoms of sickness their parents will be contacted and they will be isolated until they are picked up. o All areas that the child came in contact with will immediately be sanitized. • Hand sanitizer will be provided at all times and must be used before entering the gym space. • Balls and other equipment will be checked out and clean/sanitized before the next person can use it. • If demand and staffing allow 10 kids will be allowed in the Lookout room for use of the 4 square or pickleball areas. • Try and keep kids in the same groups/cohorts as much as is feasible. Fitness Classes (tentative start of October 5th) • Offer morning Strength and conditioning MWF 5:35-6:35 am class in the south gym limited to 20 people. • Offer Strength and Define Mondays and Wednesdays. in the south gym limited to 20 people. • Offer Cardio blast Tuesday and Thursday in the south gym limited to 20 people. • Offer one Silver sneakers classes each day. Have these classes in the gym and limit the number to 24. o With this being the most at-risk population, we will space chairs and equipment out at 10 feet. • Offer one early morning cycling class a week and one mid-morning cycling class a week. o Move the cycles into the multipurpose room. Limit the number of bikes to 8. • All participants will be required to preregister for all classes. They can do this online on our website, or they can call in and we will register them. • The week's classes will open for registration the Friday before. • All classes offered at this time will be in the morning. We will add additional classes and evening classes as needed due to demand. Pumpkin carving event Oct 23rd • Plan on having outside. Fall Festival Carnival Oct 30th • Do it as an outside carnival at the campground. • Each organization will get a hookup site with power. • Use the summer rec trailer to move tables. • Movie and bonfire to follow possibly in the ice rink. Skate Night • Offer when appropriate. • Limit the November skate night to 125 people. • Require all staff working the event to wear gloves and a mask. Additional fitness classes and recreation programs will be added or removed as demand and safety dictate.  P ICKLEBALL COURTS MEMORANDUM OF AGREEMENT This memorandum will memorialize the agreement between the City of Spearfish (hereinafter “the City”) and the Spearfish Pickleball Club (hereinafter “the Organization”) concerning the use and maintenance of the following City-owned property: City Park Pickleball Courts hereinafter referred to as “the Facility”). In exchange for the City’s making the Facility available for the Organization’s use, the parties agree to share certain maintenance and other responsibilities as set forth on the attached “Exhibit A” and to otherwise comply with the terms and conditions of this agreement. 1. Term and Renewal. The term of this agreement is for one (1) year, commencing on the ___ day of ________, 2020. Unless terminated as provided for herein, this agreement shall automatically renew each year for an additional one-year term on the same terms and conditions contained herein. 2. Termination. Each party shall have the right to terminate this agreement, for any reason or no reason, by giving thirty (30) days’ written notice to the other party. In the event the Organization fails to comply with any of the terms or conditions of this agreement and fails to correct such violation within a reasonable time following notice thereof, the City may terminate this agreement immediately and without prior notice. 3. Compliance. The Organization agrees to comply with all federal, state, and local laws, regulations, ordinances, guidelines, permits, and requirements concerning its 1 DRAFT  use of the Facility, and the Organizations will be solely responsible for obtaining current information on such requirements. 4. Supervision. The Organization represents the Organization will observe, and cause its participants and guests to observe, all safety rules for the Facility and the activity. The Organization acknowledges that the City has no duty to and will not provide supervision of its activities. 5. Release. The Organization hereby expressly waives and releases any and all claims, now known or hereafter discovered, against the City and its officers, directors, and employees on account of any injury, death, or property damage arising out of or attributable to any activity undertaken at the Facility related to the Organization’s use of the Facility. The Organization agrees not to make or bring any such claim against the City and forever releases and discharges the City from liability under such claims. The Organization expressly assumes full responsibility for any and all damages or injuries which may result to any person or property by reason of or in connection with the use of the Facility and agrees to pay the City for all damages caused to the Facility resulting from the Organization’s use of the Facility. 6. Indemnification and Hold Harmless. The Organization agrees to indemnify and hold the City and its officers, agents, and employees harmless from and against any and all actions, suits, damages, liability, or other proceedings that may arise as the result of the Organization’s use of the Facility. However, this section does not require the Organization to be responsible for or to defend against claims or damages arising solely from errors or omissions of the City or its officers, agents, or employees. 7. Insurance. The Organization shall maintain occurrence-based commercial general liability insurance or equivalent form with a limit of not less than $1,000,000 for each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two times the occurrence limit. Such insurance shall add the City and its employees as additional insureds. The Organization shall provide a certificate of insurance for the required insu rance to 2 DRAFT  the City. The required insurance shall not be canceled without at least 30 days’ prior written notice to the City. 8. Claims, Liens, and Encumbrances. The Organization shall not permit the filing of any claims, liens, or encumbrances on the Facility. 9. Amendment. The terms of this agreement may be modified only in a writing signed by the parties. The City of Spearfish Park and Rec Director or his or her authorized designee is hereby authorized to modify the terms of Exhibit A on behalf of the City and to modify other provisions of this agreement with the prior approval of the City Attorney. 10. Financial Obligations. It is specifically understood and agreed that this Agreement is binding upon the parties only if each year’s financial obligations are approved and authorized by the Spearfish City Council. If at any time during the term of this Agreement, the Spearfish City Council fails or refuses to approve or authorize the funds due hereunder for the following municipal fiscal year, then this Agreement shall terminate upon the end of the fiscal year for which funds were approved and authorized. Such termination shall be without penalty to either party. (Separate signature page follows) 3 DRAFT  C ITY OF SPEARFISH By: __________________________ (Seal) Dana Boke, Its Mayor Attest: ______________________________ Michelle DeNeui, Finance Officer SPEARFISH PICKLEBALL C LUB _______________________________ Print Name _______________________________ Signature 4 DRAFT  “EXHIBIT A” TO SPORTS FIELD MEMORANDUM OF AGREEMENT 2020 1. The City of Spearfish owns and operates the “City Park Pickleball Courts located within the following legal description: Within the W. Dakota St. Right-Of-Way located between Lot 6 of Block 71 and Lot 1 of Block 87 of Section 15 T6N R2E BHM, Lawrence County, South Dakota. 2. Modification of the Facility a. All requests for permission to modify park grounds must be brought to the attention of the City. Requests must include a written “Letter of Intent”, accompanied by any supporting documents and materials. If approved, the City will provide written permission to the Organization. b. The Organization is not to make any changes to the permanent structures or add any permanent structures to the Facility without City approval. c. Any Facility malfunction, safety hazard, or damage is to be reported to the City. d. The Organization is not allowed to designate the name of the Facility, court, or any portion of the Facility. 3. Tournaments and/or Special Events a. The Organization will be responsible for scheduling all tournaments with the City’s designated event coordinator. Schedules for tournaments must be submitted to the City 90 days before the event via the Special Event Process. The City reserves the right to approve or deny any proposed tournaments if date and time conflicts with other events, or impact to the overall use and enjoyment of the Facility by the public. b. The Organization is responsible for coordinating parking and traffic within the park during tournaments and/or special events. The Organization is responsible to provide a sufficient number of staff/volunteers to assist with parking and traffic control. Parking is allowed in designated areas only. The Organization must observe and comply with any and all local parking rules and regulations applicable to the park. Nothing herein is intended to authorize the Organization to override the normally applicable parking regulations, nor to override the authority to official designated parking enforcement personnel of 5 DRAFT  the City. c. The City will provide additional trash cans and liners upon request. The association will be responsible for emptying and collecting trash. Park staff will be directed to pick up the additional trash. d. The public restroom facilities will be available for use by the Organization during tournaments and /or special events. The Organization will be responsible for additional cleaning of the restrooms during tournaments and/or special events. The Organization shall coordinate with City staff to supply cleaning supplies and materials. 4. The Organization understands that the Facility shall always be substance-free to include smoking and alcohol unless the proper permits have been received through the finance office. 5. All banners and/or signage must be approved by the City before being displayed. The City and the Organization will mutually agree to all banners, signs, or other advertisements pertaining to or placed upon the immediate grounds, fences, buildings, or other structures that comprise the Facility. 6. This MOU is for the Spearfish Pickleball Club and cannot be assigned or transferred to another individual or entity. 7. Scope of services are set forth below: a. The operation of the complex shall be limited to the hours between 6:00 A.M. and 10:00 P.M. b. The City agrees to provide grounds maintenance and mowing of all areas around the Facility. c. The City agrees to inspect the courts for damage to the playing surface, court nets, center straps, windscreen, gates, and other equipment and promptly make needed repairs provided the funds are available. d. The City will provide garbage service containers and pay disposal costs. The City will provide: 30-gallon garbage containers and garbage can liners for 30-gallon containers. e. The City will provide all materials and labor to maintain and clean restrooms, Monday-Friday, during regular City hours. In the event of a tournament, the Organization will be required to maintain the public restroom facilities per 6 DRAFT  section 3 (d) above. f. The Organization agrees that for the exchange for the use of the Facility, the Organization will volunteer its services for the benefit of the City and the Facility, in particular, to help support the care of the Facility by utilizing membership dues, organizing maintenance projects and coordinating fundraising events to help raise money for court supplies such as nets, windscreens etc. and by seeking donations from the community to help the City fund court resurfacing projects and court upgrades. Cost-share is 50/50. g. The Organization will have priority usage on courts per usage schedule but must keep 2 courts (courts with basketball hoops) open for the general public during unreserved times, unless otherwise approved by the City. During unreserved times, the Organization may use the two (2) courts for play but will need to vacate the open courts once the general public wishes to use them. h. Court priorities will be set as follows: Spearfish Pickleball Club Priority Court Usage 12:00 -3:00 PM (4 courts) MONDAY: 6:00-9:00 PM (4 courts) TUESDAY: 8:00-11:00 AM (6 courts) 8:00-11:00 AM (4 courts) WEDNESDAY: 6:00-9:00 PM (4 courts) THURSDAY: 8:00-11:00 AM (4 courts) 8:00-11:00 AM (6 courts)) FRIDAY: 12:00 -3:00 PM (4 courts) SATURDAY: 8:00-12:00 PM (6 courts) SUNDAY: 12:00-3:00 PM (4 Courts) At all other times, the courts will be open to the general public. 7 DRAFT  i. The Organization agrees to have and implement a Code of Conduct to help assure the sportsmanlike conduct of all participants. j. The organization shall designate one (1) person and one (1) alternate to serve as a contact person. k. The Organization will also be responsible for providing the City with updated copies of the governing board's contact information, budget reports, and current copy of the Organization’s insurance policy. 8. If the Organization does not adhere to the conditions outlined in this MOU, the City will give the Organization 72 hour notice to comply. If this becomes common practice, the Organization will lose Facility rights. 8 DRAFT  ORDINANCE NO. [X] AN ORDINANCE AMENDING CHAPTER 14, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES BE IT ORDAINED by the Common Council of the City of Spearfish that Chapter 14, Article VI of the Revised Ordinances of the City of Spearfish is hereby amended—with strikethrough indicating text to be deleted, underline indicating text to be added, and the remainder of the Article left unaffected—as follows: Chapter 14. Streets, Sidewalks, and Other Public Places Article VI. Cemeteries *** Division I. Generally Sec. 14-156. Scope of article. The cemetery owned and operated by the city and known as Rose Hill Cemetery shall be governed, managed, and operated under the provisions of this article. A cemetery advisory board may be appointed by the mayor to give input to the city on procedures and policies of the cemetery. Sec. 14-157. Definitions. A. Cemetery parcel. A grave space or another type of space to place human remains in the cemetery. B. Cemetery parcel deed. A written instrument that conveys the right to place human remains in the cemetery parcel so notated on the deed. C. Certificate of purchase for perpetual care. A certificate granting the purchaser of perpetual care the right to perpetual care of a cemetery parcel purchased and perpetual care of the cemetery where the cemetery parcel is located in accordance with SDCL Chapter 9-32 as in existence at the time of the perpetual care purchase or as thereafter amended. D. Cremation space. A space intended to hold a maximum of 2 cremated remains per space. A full-size burial may not be interred in a cremation space. E. Double burial. A cemetery parcel in which 2 cremations or one cremation and one full size burial are placed. F. Indigent burial. A burial paid for by Lawrence County for the benefit of a qualified individual in need of financial assistance for a burial. G. Infant space. A cemetery parcel intended to hold 1 infant burial or 1 infant cremated remains. H. Lot. The space in the ground of the cemetery that is made up of multiple cemetery parcels. Cemetery parcels in a lot may be owned by the same person or different persons. The lot is essentially a numbered, surveyed location. I. Monument. A marker of varying shape and size cut from granite, marble, bronze, or rock and mortar which is placed on a cemetery parcel to memorialize those interred at that location. J. Parks division manager. The Manager of the Parks Division as created in § 2.89.030. K. Rightsholder. The original purchaser or an assignee of the right to place human remains in the cemetery in a designated cemetery parcel so notated on a Cemetery Parcel Deed. L. Stack burial. A single cemetery parcel in which 2 full size burials are placed 1 on top of the other. M. Vault. A container made of concrete, metal or equally hard material placed in the ground designed to accept the casket or urn, primarily to keep the ground from sinking over time. Sec. 14-157. Employment of parks, recreation, and forestry technician General supervision and care. The common council shall employ a parks, recreation, and forestry technician and such other help as may be necessary to properly tend and care for the cemetery. The Director of Parks and Recreation shall have general supervision and care of the cemetery and shall take care that all cemetery parcels and cemetery property therein are kept in proper order and condition. He or she shall take care that all cemetery parcels endowed as provided for in this chapter are put and kept in such good order and condition as their endowment contemplates. It is the duty of the Director of Parks and Recreation to employ such personnel necessary to oversee the digging of graves, to properly care for all trees, shrubbery, plants, and grass growing in the cemetery, to keep the driveways, walkways, and fences in good condition, and to ensure compliance with the rules and regulations of the cemetery. Sec. 14-158. Parks, recreation, and forestry technician's duties generally. It shall be the duty of the parks, recreation, and forestry technician to oversee the digging of graves; to properly care for and irrigate all trees, shrubbery, flowers, and grass growing in the cemetery; to keep the driveways, walks, and fences in good condition; to see that all markers and monuments are not defaced or destroyed; to protect the property of the cemetery; and to see that the provisions of this article, rules and regulations of the council governing the cemetery are complied with in every way. Sec. 14-159. Records generally. The public works office finance office shall keep all records of the cemetery and shall procure suitable books, blank forms, or other records, written and electronic, for the purpose of recordkeeping. A map of the cemetery shall be kept in the public works office and at the cemetery. The public works administrator city administrator shall designate a public works an employee to sell all lots the cemetery parcels and sign the permit for disposition of dead human remains. Sec. 14-160. Rules, and regulations. The administration and operation of the cemetery shall be under the public works administrator Parks and Recreation Department., The Director of Parks of Recreation who may make such rules and regulations regarding the administration and operation of the cemetery, which shall will be subject to the approval of the common council and kept on file in the public works finance office. Sec. 14-161. Handling of funds. All money received for from the sale of cemetery lots parcels, digging of graves, special perpetual care, and other services about the cemetery shall be paid directly to the city who shall give the proper receipts therefore, and shall be placed in the general fund, which. Payments for perpetual care funds shall be used for the payment of the purchase price of grounds, maintenance, and improvements care and maintenance of the cemetery in accordance with state law. Sec. 14-162. Special conditions for blocks F and G Rules of the cemetery. The following rules apply to the cemetery will be followed: (1) All markers in these designated areas of the cemetery shall be placed on the west side of the space facing east. Footstones shall be flush with the surface of the ground. (2) Concrete borders will not be allowed. Corner markers, if desired, may be placed at the property owner's expense, and shall be flush with the ground and no larger than four (4) square inches in surface area. (3) No planting of any living trees, shrubs, flowers, or plants is allowed upon grave units, lots, or in alleyways. (4) Fences, or hedges, or other obstructions around or on grave units or around lots or cemetery parcels are prohibited. Sec. 14-163. Plantings of trees, shrubs, flowers, or plants. Except for those plantings provided by the city, the The planting of trees, shrubs, flowers, or plants shall be is prohibited, at the cemetery including on gravespaces cemetery parcels and in the Rose Garden. As existing plantings located on graves or in alleyways die or obstruct maintenance operations, they shall will be removed and will not be replaced. Trees may be planted as authorized by the parks, recreation, and forestry technician. Sec. 14-164. Permanent headstone. A permanent headstone/marker should be placed within two (2) years of burial. Sec. 14-165. Concrete borders. Concrete borders around graves are will not be allowed. Corner markers, if desired, may be placed at the rightsholder’s property owner's expense. Corner markers, and shall be flush with the ground and no larger than four (4) square inches in surface area. Any concrete border repair, when impracticable to be flush with the ground, is grandfathered. If existing concrete borders the curbing becomes become unsightly or damaged, the family will be responsible to repair the curbing. A reasonable attempt shall be made to contact the family to repair the curbing. If there is no response from the family or they are unable to be contacted, the city may will remove the curbing concrete border and replace the area with grass. Sec. 14-166. Permanent vases. Permanent vases on a cemetery parcel shall must only be placed within the grave space be incorporated onto and attached to on the sides of the concrete monument bases. Sec. 14-167. Removal of grave markers monuments prior to burial. A grave marker monument may be removed before grave digging and then the marker replaced once the grave has been prepared. The cost for marker monument removal and replacement will be at the owner's rightsholder’s expense. Sec. 14-168. Grave markers Monuments. Only One one (1) upright marker monument shall be is allowed per space cemetery parcel. Additional markers monuments and footstones shall be placed must be flush with the ground. The location of markers monuments on all graves shall be determined and at the discretion of by the cemetery staff. A permanent monument must be placed within two (2) years of burial. Sec. 14-169. Monument permit. A permit shall be is required before placement, repair, engraving, etc. or replacement of monuments. The permit shall must be obtained through the cemetery office finance office. Prior to obtaining a permit, when the following information has been must be furnished: (1) Name of deceased and name and contact information for contact person. (2) Block, section, lot, and space ID of which monument placement or work is to be done. (3) Name of the monument company doing the placement or work. (4) Type of work to be done and date placement or work is to be completed. (5) A diagram of the grave space(s) cemetery parcel showing exact placement of the monument(s). Sec. 14-170. Interfering with funeral. Persons who have not accompanied a funeral to the cemetery shall not congregate around a grave or vehicles while ceremonies are in progress. Sec. 14-171. Recreational activities not permitted. Recreational activities that impede or disrupt the quiet enjoyment of the cemetery are not permitted. Sec. 14-172. Disinterment. Disinterment is allowed only upon receipt of a disinterment permit from a funeral home. Division 2. LOTS Cemetery Parcels All cemetery fees are set by Resolution and on file with the City Finance Office. Sec. 14-182. Settlement of sales transaction Payment for cemetery parcel and perpetual care. The Common Council shall determine, by resolution, all cemetery fees including the prices for which the cemetery parcels are to be sold. All cemetery lots or graves spaces shall be settled for at the time of purchase. Upon payment in full for a cemetery parcel and perpetual care, the purchaser will receive a cemetery parcel deed and certificate of purchase for perpetual care executed by the Mayor and attested by the Finance Officer under the seal of the city. No burials shall may be made upon a lot cemetery parcel for which the city has not received settlement full payment. Upon receipt of full payment, a perpetual care certificate cemetery parcel deed will be issued. Should If there be is an interment on a cemetery space parcel for which full payment has not been made, the city reserves the right to disinter the remains and remove the burial, together with any monument or other structure thereon, to some other portion of the cemetery equal in price to the amount paid on such space, after the actual cost of removal has been deducted. Sec. 14-183. Use of cemetery parcels – Resale resale of lots parcels restricted prohibited. All cemetery lots or grave spaces parcels shall be used for burial of human dead purposes only and may not be resold without the consent of the designated city employee(s). Any attempted resale of a cemetery parcel without the consent of the Director of Parks and Recreation is void and will result in the cemetery parcel reverting back to the city. If a cemetery parcel is no longer needed by the rightsholder, the city will purchase the cemetery parcel back from the rightsholder at the price the rightsholder paid for it. Sec. 14-184. Purchase of spaces at the Rose Garden. Spaces at the Rose Garden for burial The burial and or spreading of ashes in the Rose Garden requires the purchase of a site for such burial or spreading. Burial or spreading of ashes in the Rose Garden is only allowed shall be purchased only in designated areas, . Those areas shall be determined by the designated city employee(s) as determined by the Director of Parks and Recreation. Sec. 14-185. Care of ashes. When the ashes of a cremated body are to be interred in the cemetery or Rose Garden, the ashes must be in a durable urn or container intended for burial of cremated remains made of wood, metal, or concrete or in a strong metal or concrete case. When burying cremated remains in the Rose Garden, the dimensions of the container shall be no larger than one (1) foot by one (1) foot 1 foot by 1 foot by 1 foot. Sec. 14-186. Nameplates in Rose Garden. The only markers allowed in the Rose Garden are All five-inch by eight-inch nameplates, which at the Rose Garden shall have the deceased's name, date of birth, and date of death printed on them. The five-inch by eight-inch nameplates shall must be purchased through the cemetery office. Sec. 14-187. Reserved Cemetery parcel regulations. A. All interments in cemetery parcels shall be designated by the rightsholder. If the rightsholder is deceased, an heir, beneficiary, personal representative, executor, or administrator of the estate of the deceased rightsholder may designate any interments. B. The city will not give joint cemetery parcel deeds and certificates of purchase. If persons hold cemetery parcels in partnership, by agreement among themselves, the city will not undertake to enforce the agreements. C. When a rightsholder dies intestate, the heirs will be recognized according to the laws of South Dakota that are in force at the time of the death. D. Upon the death of the rightsholder, it shall be the duty of the heir, heirs, beneficiary, beneficiaries, personal representative of the estate of rightsholder, executor of the estate of rightsholder, or administrator of the estate of rightsholder to file full proof of cemetery parcel ownership with the city. Sec. 14-188. Items placed on graves. Items placed on cemetery parcels are subject to the following restrictions: (1) Wreaths and, artificial flowers, shepherd’s hooks and devices similar to shepherd’s hooks may be are allowed on graves cemetery parcels from October 1 through April 1 only. (2) Except for the holidays listed below, cone vases with fresh cut flowers are the only items that can be placed on cemetery parcels from April 1 through October 1. (3) Items will be allowed on graves cemetery parcels three (3) days prior to the observed Memorial Day holiday and ten (10) days following the observed Memorial Day holiday. (4) Items will be are allowed on graves cemetery parcels the Thursday before until Sunday the Monday following the following holidays: a. Easter, b. Mother's Day, and c. Father's Day. (5) From April 1 to October 1, no items may be placed on the graves with the exception of cone vases, which may be placed with fresh cut flowers. (6) Items may be placed on grave markers monuments and bases as long as if they do not protrude past the marker monument base. Items that are located on grave markers monuments or bases will be removed if they protrude past the marker monument base. Flowers will be allowed in permanent vases year-round. (7) All flags and other decorations, funeral designs, cut flowers, and all other items placed on lots or graves cemetery parcels will be removed by the parks, recreation, and forestry technician city when the same they become unsightly, damaged, impede maintenance operations, or are not placed in compliance with these this sections. (8) Artificial flowers and wreaths shall be removed at the expiration of All items that are subject to time limits under this section must be removed at the expiration of those time limits. If the items are not removed, such decorations they will be removed by the parks, recreation, and forestry technician and held for fourteen (14) days. If not then reclaimed the decorations may be discarded. (9) No glass containers or glass items of any type will be are permitted in the cemetery. All glass containers or glass items located in the cemetery will be removed. (10) In no case shall the are city employees be responsible for articles which may be items left on any lot or grave cemetery parcel. In all cases, the right is given to the The city reserves  the right to remove from any lot or grave any article item from the cemetery which is unsightly or otherwise objectionable. (11) Benches and other structures are not allowed on cemetery parcels at any time. (12) Except for during the approved holidays listed above, decorations are not allowed on cemetery parcels that have a flush marker. Division 3. Interment Sec. 14-206. Burial applications. No burial in Rose Hill Cemetery or the Rose Garden Cemetery will be allowed until a burial application is completed. by the designated city employee with the The following information is required: (1) Name and address of applicant.; (2) Applicant's relationship to the deceased.; (3) Name, date of birth, and date of death of the person to be buried.; (4) Block, section, lot, and space number of in which the burial is to be made.; (5) Name of the mortician in charge of the body.; and (6) Date and time of graveside service. Sec. 14-207. Issuance of burial permit; procedures. The designated city employee within the public works department shall approve the burial application setting forth the grave, lot, and block number upon which the burial is to be made. After procuring receiving the burial application, the city will stake and inspect the grave space cemetery parcel. Double burials will be allowed if prior arrangements have been made with the public works office city. Temporary grave markers must be used by all mortuaries. The city will not be held is not responsible for any temporary markers and any temporary marker may be removed at the city’s discretion. Under normal circumstances, the city will is not be responsible for actual digging of the graves. Sec. 14-208. Casket enclosures Vault required. No person four (4) years of age and over shall be buried in the cemetery unless the casket is enclosed in a concrete or steel container Any casketed burial placed in a cemetery parcel, except an infant space, shall be placed in a vault. No wooden or fiberglass outside vaults containers shall be are allowed. Sec. 14-209. Inadvertent burial or damage. Any person who purchases any cemetery lot parcel shall, by such purchase, be deemed to have agreed, on behalf of himself and his heirs and assigns, to hold the city harmless for any damages resulting from an inadvertent burial on in the wrong lot cemetery parcel or for any damage to any monument, stone, marker, memorial, or other improvement placed on the lot so purchased cemetery parcel. Sec. 14-210. Vault covers. Vault covers shall are not be allowed on graves. Existing vault covers must be converted to a flush marker once the vault cover becomes damaged or otherwise falls into disrepair. The determination of when a vault cover needs to be converted to a flush marker will be at the city’s sole discretion. Costs associated with converting the vault cover to a flush marker will be the responsibility of the rightsholder or his/her heir, beneficiary, personal representative, executor, or administrator. Sec. 14-211. Infant space. A container interred in an infant space shall not be larger than 2 feet by 3 feet. Sec. 14-212 Double burials and stack burials. A. No double burial will be allowed in the cemetery except as follows: 1. Two people who were spouses at the time of the first person’s death may have a double burial within a cemetery parcel if the second decedent is cremated. 2. This section does not pertain to the cremation sections. B. No more than 2 burials in a cemetery parcel shall be allowed. C. In a situation of a double burial involving a full burial and a cremation, the full burial must be interred either at the same time the cremation is interred or before the cremation is interred. If the cremation is interred prior to the full burial, a disinterment permit is required before the interment of the full burial may occur. Division 4. Perpetual Care Sec. 14-231. Perpetual care fund created. The common council shall create and maintain a permanent fund from the gifts or bequests made by any person by will or otherwise, from all sums derived from the sale of perpetual care, and from sums that may be from time to time added thereto by the common council, and shall use the income therefrom such funds for the improvement and care and maintenance of the cemetery. Sec. 14-232. Investment of fund. The perpetual care fund shall be invested with interest in such amounts as may be determined by the finance officer and upon security as acceptable according to state law. Sec. 14-233. Records and accounts of finance officer. The city finance officer shall keep a permanent record of all moneys received for the perpetual care fund, and the amounts paid in or set aside for general improvement, and shall keep an accurate account of the interest received and collected and how expended. Sec. 14-234. Audit.  The books and accounts of the finance officer and the securities on which the perpetual care fund is loaned shall be audited as required for all accounts of the city by the South Dakota Department of Legislative Audit. Sec. 14-235. Extent of care. Perpetual care consists of watering the lot, mowing, trimming, raking, refilling as necessary, reseeding as needed, and all care necessary to maintain the property to the best of the ability of the city. Perpetual care may include the care and maintenance of grounds, infrastructure, and roads and the enlargement of the cemetery. Perpetual care does not include the maintenance, upkeep, or repair of any damage to any memorial, other improvement, or item placed on or in the cemetery parcel purchased. *** Severability. The provisions of this ordinance are severable. If any provision of this ordinance or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application. Effective Date. This Ordinance will become effective 20 days following publication, which will occur after the ordinance receives second and final reading by the City Council and is signed by the Mayor. Dated this 21st day of September, 2020. CITY OF SPEARFISH By: _ (Seal) Dana Boke, Its Mayor Attest: Michelle DeNeui, Finance Officer First Reading: Second Reading: Published: Effective: