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Item # 5_1. <br />t~ver <br />MEMORANDUM <br />TO: City Council <br />FROM: Lori Johnson, City Administrator <br />DATE: May 10, 2010 <br />SUBJECT: Request from Orono Cemetery Association <br />Over the past few years, Jim Nystrom, representing the Orono Cemetery Association, and I <br />have met several times to discuss his ideas for the future of the Orono Cemetery. He has <br />been attempting to find a suitable organization to take over the ownership of the cemetery <br />for various reasons that he will explain at the work session. Although the cemetery is well <br />maintained and financially solid, he has been unable to find another appropriate organization <br />willing to accept ownership. <br />The Orono Cemetery Association wants to discuss with the City Council the possibility of <br />transferring ownership of the cemetery to the City. The Association needs to transfer the <br />cemetery to an organization that would guarantee its future in perpetuity. Therefore, the <br />City has become the organization of last resort. Although cities are allowed to own <br />cemeteries, it is an endeavor most cities, including Elk River, would not choose to do <br />voluntarily. <br />As I stated earlier, cities are allowed to own cemeteries and take ownership via transfer of an <br />existing cemetery. Minnesota Statute X306.025 states, in summary, that a public cemetery, by <br />unanimous vote of the board of trustees, may transfer ownership of the lands, along with <br />other funds and property to the city in which it is located. The city may accept the transfer <br />and continue to maintain and operate the cemetery. The city is not required to accept a <br />transfer of the cemetery. <br />As you can imagine, the ownership of a cemetery brings with it additional, unique demands <br />that the city is currently not prepared to perform, such as maintenance of the cemetery <br />grounds, sale of cemetery lots, and all of the administrative, recordkeeping, and financial <br />functions that go along with owning a cemetery. It also places obligations on the City <br />Council as the Council must retain complete discretionary control of the cemetery. <br />Finally, no action is requested on this item at this time. It is important that the Council fully <br />understand the benefits, obligations, and responsibilities of cemetery ownership before <br />S:\Public Bodies\Council\Lori\2010\Orono Cemetery 05 10 l0.doc <br />