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HomeMy WebLinkAbout01122023 Historic Preservation Meeting PacketSeward Historic Preservati Commission A k January 12, 2023 Regular Meeting City Council Chambers following worksession n The City of Seward, Alaska HISTORIC PRESERVATION COMMISSION REGULAR MEETING AGENDA 6 0 January 12. 2023 Tanguy Libbrecht Chair Term Expires May, 2023 Sue Ward Vice Chair Term Expires May, 2023 Vacant Commissioner Term Expires May, 2023 Mary Ann Benoit Commissioner Term Expires May, 2024 Dona Walker Commissioner Term Expires May, 2024 Art LeMaster Commissioner Term Expires May, 2023 Vacant Commissioner Term Expires May, 2022 Stephen Sowell Assistant City Manager Bailey Sayler Library Museum Director Brenda Ballou City Clerk Immediately Followingg Work Session 1. CALL TO ORDER 2. PLEDGE OFALLEGIANCE 3. ROLL CALL Council Chambers 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a commission member so requests. In the event of such a request, the item is returned to the Regular Agenda] 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards — None B. City Administration Report C. Chair Report D. Other Reports and Announcements [Reports must be submitted to the city clerk no later than noon on the Tuesday preceding the Monday meeting for inclusion in the packet. Five (5) minutes speaking time will be allowed for each report.] 1. Report on Historic Preservation Facebook Page. Pg. 4 2. E. Presentations — None City of Seward, Alaska Historic Preservation Commission Agenda January 12, 2023 Page I 7. NEW BUSINESS A. Resolutions 1. Resolution 2023-001, A Resolution Of The Seward Historic Preservation Pg 29 Commission 2023-2024 Priorities B. Other New Business Items * 1. Approve the November 11, 2022 Regular Meeting Minutes. Pg 32 8. INFORMATIONAL ITEMS AND REPORTS [No Action Required] 1. 2023 Historic Preservation Priorities 2. 2023 Historic Preservation Meeting & Work Session Schedule 9. CITIZEN COMMENTS 10. COMMISSION AND ADMINISTRATION COMMENTS & RESPONSES TO CITIZEN COMMENTS It. ADJOURNMENT City of Seward, Alaska Historic Preservation Commission Agenda January 12, 2023 Page 2 Facebook Page Report January 2023 HPC Meeting Mary Ann Benoit Overview The data below reflects Facebook activity from November 1 to December 20. We put out 7 posts related to the historic walking tour signs and the benefits of historic preservation. The reach and visits were up and engagement was down a bit since the previous 90 days. Our audience is primarily women and people from Seward, although we have people checking our page from a variety of communities in Alaska, especially Anchorage. Our audience includes people of all age groups, but mainly people over the age of 35. See the planned posts for January through April. Additions from Commissioners? 1,537,- 432--, hk, ­...h 1,537 Facebook activity from November 22 to December 6 indicates the following. Audienc* F—b— Page 581 " & q.nd., () 0 YO a— C—1 A< �Se�iiny AK FarctanYs Al Top c... — j-- St.te=. Planned Posts Seward was born from the dream of a railroad. From the earliest days when Frank Ballaine came to Seward to start the town and build the Alaska Central g Railway, the Seward Railroad Depot, constructed in 1917, was an essential part of that story. This building - + was moved to its current location following the ` - - devastating flooding of Lowell Creek in 1928. The Seward Depot, also known as the Seward Passenger Depot, was initially built at what is now Adams Street and Ballaine Boulevard to serve the railroad line that ran downtown at that time. Lowell Creek originally ran down what is now Jefferson Avenue. Before the Corps of Engineers built the diversion dam in 1939, Lowell Creek flooded two to three times each year, carrying debris that would damage the town. This led Otto F. Ohlson, General Manager of the Alaska Railroad, who owned the depot, to decide to move the depot to its present location. Many important visitors passed through the Seward Depot, including President Harding. On July 23, 1923, President Harding greeted residents from the station before proceeding to Nenana to drive the golden spike to commemorate the Alaska Railroad's completion. Other officials came through to inspect the Government Railroad and coal fields. The 1964 Earthquake and tsunami destroyed Seward's railyard. While the depot survived, it was no longer able to be used for its original purpose. The depot later served as the Marine Highway headquarters when the State ferry Tustumena was homeported in Seward. The Seward Depot is a good example of a hip -roofed, Craftsman -style railroad depot. It remains one of three surviving examples of eight depots built in Alaska. The Seward Depot was listed in the National Register of Historic Places in 1987. Burning the remnants of houses that were destroyed by Lowell Creek in the 1917 flood. Photo from the Lezlie Wilfer Collection. i Demolition of one of the bridges crossing Lowell Creek during the 1917 flood. Debris against the bridges caused water to flood the main streets, and the bridges had to be demolished. Photo from the Lezlie Wilfer Collection February Renovations often uncover clues about a house's history. This property was originally owned by Frank Ballaine, a TM railroad man and one of Seward's founders. It may have initially been a warehouse, with its unique southfacing orientation that likely accommodated a loading dock. r Clues found in the walls included Seward driver's license #57 issued to Robert Manthey in 1926, and a letter the same year to him and his brother. A tin advertisement for The Commerce: A Gentleman's Resort included a 1907 ± calendar. This business closed in 1918 due to Alaska's "Bone Dry Law." The Manthey family was quite well known in Seward. Gustav "Gus" was a welcome addition to Seward when he arrived in 1909, known as an expert baseball player who played on the Valdez nines team against Seward in 1908. Gus was a town marshal, a baseball pitcher, a butcher, musician, and a pile driver, who built the early wharf. Gus and Clara Manthey bought the property in 1924 and lived there with their 4 sons: Robert, Raymond, Edmund, and Guy. In 1964, Frank Spadaro, a retired railroad yard foreman, lived here. On March 27, Frank went to the harbor for lunch with his friend Emil Elbe, a railroad conductor. Frank and Emil were two of the 12 that died during the Great Alaska Earthquake. The original cedar shakes were covered during renovations, and the front porch was replaced with modern materials that retain its historical look. The original house, built entirely of red cedar, remains standing. When the current owners bought the property, they were told it was unstable and should be demolished. Luckily, that wasn't necessary. Renovations resurrected the historic character and brought the history of the former residents to life by the clues they left behind. Historic preservation preserves the historic, architectural, and aesthetic character and heritage of a community and I I helps to provide a sense of place and continuity. P> The Resurrect Art Coffee House is a great example. It F c, makes a connection as soon as you enter. It tugs at your _ — heart, and give you a sense of awe and inclusion. This building has connected with the community from when it ,,;;, ... was built as First Methodist Church in 1917 until now. e it is an efficient use of resources and ultimate WIIY ENCOURAGE IIISTORIC PRESERVATION? recycling. Historic preservation conserves resources, reduces waste, and saves money by repairing and f reusing existing buildings instead of tearing them down and building new ones. Seward's quonset huts are a great example. Re -purposed after the war, they are still in use as homes, businesses and for storage. Oki IT IS AN EFFICIENT USE OF RESOURCES. IT IS THE ULTIMATE RECYCLINGI March Historic preservation preserves old methods of WIIY EV GE IISTORIC PRESERVATION' Workmanship. Many modern buildings are built to last a short time — 25 to 30 years. Workmanship and building methods are often not as careful or durable as methods used in the past, when buildings were expected to last indefinitely. By working on historic buildings, new generations of craftsmen learn the techniques to improve modern buildings as well. Consider all the stucco buildings that still stand by locally renowned craftsman Gerhard "Stucco" Johnson. The Swetmman house, considered a jewel of Seward architecture, slid down and hill, tipped over and survived IT PRESERVES OLD METHODS OF WORKMANSHIP in one piece. It was built by as his residence in 1916. He was famous for his beautiful and long-lasting exterior stucco work during the early 1920s and 1930s. His stucco is beautiful and has preserved the wood underneath for many of our historic structures. Historic preservation adds character and/or charm Historic `1'II1' Eti(.,[)LR1[�E HISTORIC PRESERVATION? a community, and emphasizes its uniqueness. Our old buildings make Seward unique, give Seward a lot of character and attract tourists. We are one of the few towns on the road system that still retains our F historic character. Did you know that Brown and Hawkins was the first bank and telegraph office in Seward, and you can still see the bank sign and the z safe in the store? IT CAN ADD CHARACTER AND/OR CHARM TO A COMMUNITY, AND EMPHASIZE ITS UNIQUENESS. April Brown & Hawkins is the oldest continuously operated business in Seward. T.W. Hawkins came to Seward in 1903 and went into partnership with Charles E. Brown, s R n-W- i _ -' " ° building what would become a general store clothing g g g - �" w,I Pqstore, and the Seward Commercial Club (now Sweet III ®ell " it Darling's). They provided provisions to pioneers throughout the territory and became the first bank and telegraph office in Seward and more. Brown and Hawkins were also active in other ventures. Brown operated a satellite store on a barge, the S.S. Bertha, at Ship Creek and the Brown & Hawkins store in Anchorage. Hawkins supported artist and author Rockwell Kent during his stay on Fox Island. The Brown & Hawkins store is mentioned several times in Kent's book Wilderness: AJournal of Quiet Adventure in Alaska. Kent even painted a portrait of Hawkins' daughter Virginia which can be seen in the Seward Community Library and Museum. In 1946, ill health forced Hawkins to lease the store to his son, James. T.W. Hawkins died later that year, and James ran the store for 10 years. In the 1920s, James had taken lessons from the famous Dutch painter Jan van Empel, who painted the unique Ascension painting at Saint Peter's Episcopal Church. There are several of James' original paintings upstairs in Brown & Hawkins. James turned the store over to his sister Virginia in 1956 and left Seward for San Francisco to pursue his dream of becoming an artist. Under Virginia's leadership, the buildings were recognized for their historic significance and listed in the National Register of Historic Places. Virginia was instrumental in establishing the Resurrection Bay Historical Society in Seward. She hosted many high school dances upstairs in the famous ballroom and was always there for families in need of clothing, food, and money. In 1989 Virginia passed the torch to son Hugh Darling and his wife Iris, and they began a complete renovation to preserve the building and restore it to its original condition. Thanks to 100 years of family stewardship, Seward has retained a unique glimpse into the past carried on now by current artists and historians Michelle and Jeff Cobble. Historic preservation can provide an opportunity for the imaginative or creative use of a building that has stood empty because it outlived its previous use, and at the same time solve a community problem. For example, Old Solly's, which was vacant for many years, was renovated to solve their pressing need for space, and is now an office and visitor center for the 71 National Park Service. The building. IT CAN PROVIDE AN OPPORTUNITY FOR A CREATIVE USE OF EMPTY BUILDING AND SOLVE A COMMUNITY PROBLEM Historic buildings can be affordable for businesses to WHVENCOURAGE II[STORICPRESERVATION? rehabilitate because of the possibility of tax incentives, grants, and other support for that activity. 9 They attract business simply because people are often II� i fascinated by them. Setting up a business in a historic building is a great way to build a unique character for your business and attract customers. For example, Sweet Darling's in Brown and Hawkins is a really fun place to get gelato with so many interesting IT CAN BE A GOOD INVESTMENT things to see in one of our oldest Seward buildings. Sponsored by: Chair Libbrecht & Vice Chair Ward CITY OF SEWARD, ALASKA HISTORIC PRESERVATION COMMISSION RESOLUTION 2023-001 A RESOLUTION OF THE SEWARD HISTORIC PRESERVATION COMMISSION OF THE CITY OF SEWARD, ALASKA APPROVING THE HISTORIC PRESERVATION COMMISSION PRIORITIES FROM FEBRUARY 2023 TO FEBRUARY 2024 WHEREAS, the Historic Preservation Commission's responsibilities in Seward City Code are: 2.30.425 - Powers and duties. (a) It shall be the responsibility of the historic preservation commission to: (1) Develop a local historic plan that will include provisions for identification, protection and interpretation of the area's significant resources. Such a plan is to be compatible with the Alaska Historic Preservation Plan and to produce information compatible with and for the Alaska Heritage Resources Survey. (2) Survey and inventory community historic architectural and archaeological resources within the community. (3) Review and comment to the state historic preservation officer on all proposed National Register nominations for properties within the community area. (4) Act in an advisory role to other officials and departments of local government regarding the identification and protection of local historic and archaeological resources. (5) Work toward the continuing education of citizens regarding local historic preservation and community history. (6) Support the enforcement of the Alaska Historic Preservation Act, AS 41.35. (7) Review local projects and recommendations about the effect on properties identified in the local historic preservation inventory. NOW, THEREFORE, BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF SEWARD, ALASKA that: Section 1. The Historic Preservation Commission hereby approves the following priorities and goals from February 2022 through February 2023: HISTORIC PRESERVATION COMMISSION RESOLUTION 2023-001 REPORTING • Quarterly reports to council • Annual Certified Local Government (CLG) grant report to the State Historic Preservation Office (February) PUBLIC OUTREACH • Coordinate efforts with Planning and Zoning regarding the identification and protection of local historic and archaeological resources. • Enhance understanding of the economic benefits of Heritage Tourism. • Celebrate National Historic Preservation Month in May by proclamation. • Award the Annual Seward Historic Preservation Award in May. • Maintain the Seward Historic Preservation Commission online presence. SEWARD HISTORIC STRUCTURES & SITES • Review local projects and recommendations about the effect on properties identified in the local historic preservation inventory. • Update, review, and submit the Seward Inventory of Historic Sites to the Offices of History and Archaeology according to the guidelines for the Alaska Heritage Resources Survey, with annual review. • Promote and continue to nominate structures and sites to Seward Local Register. • Support the historic Hoben Park by assisting with planters and working towards restoring its historic character. • Engender the preservation and use of the Jesse Lee Home properties for Park use. • Track and monitor the progress of the Fort Raymond Subdivision. • Identify the Most Endangered Historic Properties in Seward. SEWARD HISTORIC PRESERVATION PLAN • Promulgate economic incentives, historical preservation and education. • Develop historic preservation initiatives and projects. • Advance the Historic Business District. OTHER COMMISSION TASKS • Generate ideas, set priorities, and submit an application for consideration, and take action on CLG grant opportunities that stimulate knowledge of local history, heritage tourism and cultural awareness. HISTORIC PRESERVATION COMMISSION RESOLUTION 2023-001 Section 2. This resolution shall take effect immediately upon its adoption. Section 3. This resolution will be brought forward to City Council for approval. PASSED AND APPROVED by the Historic Preservation Commission of the City of Seward, Alaska, this 12th day of January, 2023. THE CITY OF SEWARD, ALASKA Tanguy Libbrecht, Chair AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) Sponsored by: Chair Seese & Vice Chair Ward CITY OF SEWARD, ALASKA HISTORIC PRESERVATION COMMISSION RESOLUTION 2022-001 A RESOLUTION OF THE SEWARD HISTORIC PRESERVATION COMMISSION OF THE CITY OF SEWARD, ALASKA APPROVING THE HISTORIC PRESERVATION COMMISSION PRIORITIES FROM FEBRUARY 2022 TO FEBRUARY 2023 WHEREAS, the Historic Preservation Commission's responsibilities in Seward City Codeare: 2.30.425 - Powers and duties. (a) It shall be the responsibility of the historic preservation commission to. (1) Develop a local historic plan that will include provisions for identification, protection and interpretation of the area's significant resources. Such a plan is to be compatible with the Alaska Historic Preservation flan and to produce information compatible with and for the Alaska Heritage resources Sure cy. (2) Survey and inventory community historic architectural and archaeological resources within the community. (3) Review and comment to the state historic preservation officer on all proposed National Register nominations for properties within the community area. (4) Act in an advisory role to other o111cials and departments of local government regarding the identification and protection of local historic and archaeological resources. (5) Work toward the continuing education of citizens regarding local historic preservation and community history. (6) Support the enl6rccrnent of the Alaska Historic Preservation Act, AS 41.35. (7) Review local projects and recommendations about the effect on properties identified in the local historic preservation inventory. WHEREAS, at its December 9, 2021 and January 13, 2022 mectings. the Historic Preservation Commission reviewed and updated their priorities and x- oaIs 1`or 2022. NOW, THEREFORE, BE IT RESOLVED BY T I I E IIISTORIC: kRESERVATION COMMISSION OF THE CITY OF SEWARD, ALASKA that: Section 1. The Historic Preservation Commission hereby approves the following priorities and goals from February 2022 through February 2023: HISTORIC PRESERVATION COMMISSION RESOLUTION 2022-001 REPORTING • Quarterly reports to council • Annual Certified Local Govcrnmcnt (CLG) grant report to the State Historic Preservation Office (Februtwo • Coordinate c1l'Orts with Planning and Zoning regarding the identification and protection of local historic and archaeological resources, • Enhancc understanding of the economic henctits ol'Heritage Tourism. • Celebrate National Historic Preservation Month in May by proclamation. • Award the Annual Seward I Iistoric Preservation Award in May. • Maintain the Seward Historic Preservation Commission online presence. SEWARD HISTORIC STRUCTURES & SITES • Review local projects and recommendations about the effect on properties identified in the local historic preservation invcntorv. • Update. review, and submit the Sc�� and Inventory of Historic Sites to the Offices of History and :archaeology according to the guidelines for the Alaska Heritage Resources Survey, with annual review. • Promote and continue to nominate structures and sites to Seward Local Register. • Support the historic Hoben Park b) assisting with planters and working towards restoring its historic character. • Engender the preservation and use of the .lesse Lee Home properties for Park use. • Track and monitor the progress of the Fort Raymond Subdivision. • Identify the Most Endangered I IIstoric Properties in Seward. SEWARD HISTORIC PRESERVATION PLAN • Promulgate ccc�ncrn1ic Incentives, historical preservation and education. • Develop historic prescry ahon initiatives and projects. • Advance the Historic Business District. OTHER COMMISSION TASKS • Generate ideas, set priorities, and submit an application for consideration, and take action on CLG grant ol)portLin itics that stimulate knowledge of local history, heritage tourism and cultural awareness. Alto i v1�IC PRESERVATIQN CQMMISSION RESOLUTION 2022-001 Section 2. This resolution shall take effect immediately upon its adoption. Section 3. This resolution will be brought forward to City Council for approval. PASSE ❑ AN ❑ APPROVED by the Historic Preservation Commission of the City of Seward, Alaska. this 286 day of January, 2022. THE CITY OF SEWARD, ALASKA Cheryl Se e, CVair AY F S: LeMaster, Ward, Benoit, Seese N01E-S: None A B S E N "T: Walker, Libbrecht ABSTAIN: VACANT: None One ATTEST: rends J. Ball u, MMC City Clerk //•/.�....® aai^ SE;k ••..� � erne (City scill) at' PO d • SEAL r CIF aaaaew Ilk Chapter 41.35 Historic Preservation Article 01. ALASKA HISTORIC PRESERVATION ACT Sec. 41.35.010. Declaration of policy. It is the policy of the state to preserve and protect the historic, prehistoric, and archeological resources of Alaska from loss, desecration, and destruction so that the scientific, historic, and cultural heritage embodied in these resources may pass undiminished to future generations. To this end, the legislature finds and declares that the historic, prehistoric, and archeological resources of the state are properly the subject of concerted and coordinated efforts exercised on behalf of the general welfare of the public in order that these resources may be located, preserved, studied, exhibited, and evaluated. Sec. 41.35.020. Title to historic, prehistoric, and archeological resources; local display. (a) The state reserves to itself title to all historic, prehistoric, and archeological resources situated on land owned or controlled by the state, including tideland and submerged land, and reserves to itself the exclusive right of field archeology on state-owned or controlled land. However, nothing in AS 41.35.010 - 41.35.240 diminishes the cultural rights and responsibilities of persons of aboriginal descent or infringes upon their right of possession and use of those resources that may be considered of historic, prehistoric, or archeological value. (b) Although title to historic, prehistoric, and archeological resources is in the state, local cultural groups may obtain from the state, or retain, for study or display, artifacts and other items of these resources from their respective cultures or areas if the commission created in AS 41.35.300 finds that (1) the group has a durable building with weatherproof and fireproof construction and humidity control and other factors necessary to serve as a museum which will assure safe preservation of the items, (2) the item sought to be obtained is not one for which there is an undue risk of damage during transportation, and (3) the item sought to be obtained or retained is not one requiring special treatment or care beyond the ability or means of the group requesting it. A group retaining such an item or obtaining one from the state shall house it in the museum building and shall make every reasonable effort to assure its safe preservation. If the commission finds that a local cultural group is not properly taking care of an item the group shall return it to the department. Sec. 41.35.030. Designation of monuments and historic sites. Upon the recommendation of the commission, the governor may declare by public order any particular historic, prehistoric, or archeological structure, deposit, site, or other object of scientific or historic interest that is situated on land owned or controlled by the state to be a state monument or historic site, and the governor may designate as a part of the monument or site as much land as is considered necessary for the proper access, care, and management of the object or site to be protected. When an object or site is situated on land held in private ownership, it may be declared a state monument or historic site in the same manner, with the written consent of the owner. Sec. 41.35.040. Administration and financial support of monuments and historic sites. State-owned monuments, sites, and other historic, prehistoric, or archeological properties owned or purchased by the state are under the control of the department, and their maintenance shall be covered in the appropriations made to the department. Privately owned state monuments or historic sites are eligible to receive state support for their maintenance, restoration, and rehabilitation if they are kept accessible to the general public and application for support is made in conformity with regulations adopted by the commissioner. Sec. 41.35.045. Fees for guided tours through historical sites. [Repealed, Sec. 3 ch 89 SLA 1987]. Repealed or Renumbered Sec. 41.35.050. Regulations. The commissioner shall adopt regulations to carry out the purposes of AS 41.35.010 - 41.35.240. Sec. 41.35.060. Power to acquire historic, prehistoric, or archeological properties. (a) The department, with the recommendation of the commission, may acquire real and personal properties that have statewide historic, prehistoric, or archeological significance by gift, purchase, devise, or bequest. The department shall preserve and administer property so acquired. The department may acquire property adjacent to the property having historic, prehistoric, or archeological significance when it is determined to be necessary for the proper use and administration of the significant property. (b) If an historic, prehistoric, or archeological property which has been found by the department, upon the recommendation of the commission, to be important for state ownership is in danger of being sold or used so that its historic, prehistoric, or archeological value will be destroyed or seriously impaired, or is otherwise in danger of destruction or serious impairment, the department may establish the use of the property in a manner necessary to preserve its historic, prehistoric, or archeological character or value. If the owner of the property does not wish to follow the restrictions of the department, the department may acquire the property by eminent domain under AS 09.55.240 - 09.55.460. Sec. 41.35.070. Preservation of historic, prehistoric, and archeological resources threatened by public construction. (a) The department shall locate, identify, and preserve in suitable records information regarding historic, prehistoric, and archeological sites, locations, and remains. The information shall be submitted to the heads of the executive departments of the state. (b) Before public construction or public improvement of any nature is undertaken by the state, or by a governmental agency of the state or by a private person under contract with or licensed by the state or governmental agency of the state, the department may survey the affected area to determine if the area contains historic, prehistoric, or archeological values. (c) If the department determines that historic, prehistoric, or archeological sites, locations, or remains will be adversely affected by the public construction or improvement, the proposed public construction or improvement may not be commenced until the department has performed the necessary investigation, recording, and salvage of the site, location, or remains. All investigation, recording, and salvage work shall be performed as expeditiously as possible so that no state construction project will be unduly impaired, impeded, or delayed. (d) If in the course of performing public construction or improvements, historic, prehistoric, or archeological sites, locations, remains, or objects are discovered, the department shall be notified and its concurrence shall be requested in continuing the construction or improvement. Upon receipt of this notice, the department shall survey the area to determine whether the area contains historic, prehistoric, or archeological data which should be preserved in the public interest. The survey shall be conducted as expeditiously as possible. If, as a result of the survey, it is determined that (1) this data exists in the area, (2) the data has exceptional historic, prehistoric, or archeological significance, and should be collected and preserved in the public interest, and (3) it is feasible to collect and preserve the data, the department shall perform the necessary work to collect and preserve the data. This work shall be performed as expeditiously as possible. (e) If the concurrence of the department required under (b) and (c) of this section is not obtained after 90 days from the filing of a request for its concurrence to proceed with the project, the agency or person performing the construction or improvement may apply to the governor for permission to proceed without that concurrence, and the governor may take the action the governor considers best in overruling or sustaining the department. (f) The costs of investigation, recording, and salvage of the site shall be reimbursed by the agency sponsoring the construction project. (g) Notwithstanding (a) - (f) of this section, all actions to stop any project shall first be approved in writing by the commissioner. Sec. 41.35.080. Permits. The commissioner may issue a permit for the investigation, excavation, gathering, or removal from the natural state, of any historic, prehistoric, or archeological resources of the state. A permit may be issued only to persons or organizations qualified to make the investigations, excavations, gatherings, or removals and only if the results of these authorized activities will be made available to the general public through institutions and museums interested in disseminating knowledge on the subjects involved. If the historic, prehistoric, or archeological resource involved is one which is, or is located on a site which is, sacred, holy, or of religious significance to a cultural group, the consent of that cultural group must be obtained before a permit may be issued under this section. Sec. 41.35.090. Notice required of private persons. Before any construction, alteration, or improvement of any nature is undertaken on a privately owned, officially designated state monument or historic site by any person, the person shall give the department three months notice of intention to construct on, alter, or improve it. Before the expiration of the three-month notification period, the department shall either begin eminent domain proceedings under AS 41.35.060 (b) or undertake or permit the recording and salvaging of any historic, prehistoric, or archeological information considered necessary. Sec. 41.35.100. Excavation and removal of historic, prehistoric, or archeological remains on private land. Before any historic, prehistoric, or archeological remains are excavated or removed from private land by the department, the written approval of the owner shall first be secured. When the value of the private land is diminished by the excavation or removal, the owner of the land shall be compensated for the loss at a monetary sum mutually agreed on by the department and the owner or at a monetary sum set by the court. Sec. 41.35.110. - 41.35.190. Historic sites advisory committee. [Repealed, E.O. No. 83, Sec. 20 (1993)]. Repealed or Renumbered Sec. 41.35.200. Unlawful acts. (a) A person may not appropriate, excavate, remove, injure, or destroy, without a permit from the commissioner, any historic, prehistoric, or archeological resources of the state. (b) A person may not possess, sell, buy, or transport within the state, or offer to sell, buy, or transport within the state, historic, prehistoric, or archeological resources taken or acquired in violation of this section or 16 U.S.C. 433. (c) [Repealed, Sec. 3 ch 83 SLA 2001]. (d) An historic, prehistoric, or archeological resource that is taken in violation of this section shall be seized by any person designated in AS 41.35.220 wherever found and at any time. Objects seized may be disposed of as the commissioner determines by deposit in the proper public depository. Sec. 41.35.210. Criminal penalties. A person who is convicted of violating a provision of AS 41.35.010 - 41.35.240 is guilty of a class A misdemeanor. Sec. 41.35.215. Civil penalties. In addition to other penalties and remedies provided by law, a person who violates a provision of AS 41.35.010 - 41.35.240 is subject to a maximum civil penalty of $100,000 for each violation. Sec. 41.35.220. Enforcement authority. The following persons are peace officers of the state and shall enforce AS 41.35.010 - 41.35.240: (1) an employee of the department authorized by the commissioner; (2) a peace officer in the state; (3) any other person authorized by the commissioner. Sec. 41.35.230. Definitions. In AS 41.35.010 - 41.35.240, unless the context otherwise requires, (1) "commission" means the Alaska Historical Commission established in AS 41.35.300 ; (2) "historic, prehistoric, and archeological resources" includes deposits, structures, ruins, sites, buildings, graves, artifacts, fossils, or other objects of antiquity which provide information pertaining to the historical or prehistorical culture of people in the state as well as to the natural history of the state. Sec. 41.35.240. Short title. AS 41.35.010 - 41.35.240 may be cited as the Alaska Historic Preservation Act. Article 02. ALASKA HISTORICAL COMMISSION Sec. 41.35.300. Creation. There is created in the department the Alaska Historical Commission. 0 Sec. 41.35.310. Composition of commission. The Alaska Historical Commission consists of the following persons: (1) the lieutenant governor; (2) the state liaison officer appointed under 16 U.S.C. 470-470n (P.L. 89-665, National Historic Preservation Act of 1966); (3) three persons with professionally relevant backgrounds appointed from each of the following fields: history, architecture, and archeology; (4) one person appointed to represent indigenous ethnic groups; (5) two persons appointed from a list of recommended nominees, containing at least four names, submitted each year by the Alaska Historical Society; (6) one other person. Sec. 41.35.320. Appointment of members. Members of the commission are appointed by the governor and confirmed by the legislature meeting in joint session. The members of the commission serve at the pleasure of the governor. Sec. 41.35.330. Term of office. The term of office for a member of the commission is three years, except for those who are members by virtue of their positions with the state, who serve for as long as they remain in the position by virtue of which they are members of the commission. Except as provided in AS 39.05.080(4), a member appointed to fill a vacancy serves for the unexpired term of the member succeeded. Sec. 41.35.340. Compensation. The members of the commission serve without compensation but are entitled to per diem and travel expenses authorized by law for other boards and commissions. Sec. 41.35.345. Officers. At the first meeting of each year, the commission shall elect a chair from among its members. Sec. 41.35.347. Meetings and quorum. The commission shall meet at least twice a year. Additional meetings may be called by the chair or by petition of at least five members. Five members of the commission constitutes a quorum. Sec. 41.35.350. Duties of the commission. (a) The duties of the commission are to (1) survey, evaluate, and catalog Alaska prehistory and history materials now in print; (2) ascertain and register what Alaska prehistory and history work is now in progress; (3) identify the existing gaps in the coverage of Alaska's past in presently available published works and establish priorities for bridging them; (4) prepare a thematic study of Alaska's history for historic preservation; (5) identify the sources of Alaska's history; (6) coordinate the production and publication of works that will adequately present all aspects of Alaska's past; (7) cooperate with the federal government in programs relating to history and archaeology; (8) develop criteria for the evaluation of state monuments and historic sites and all real and personal property that may be considered to be of historic, prehistoric, or archeological significance as would justify their acquisition and ownership by the state; (9) cooperate with the department in formulating and administering a statewide historic sites survey under 16 U.S.C. 470-470n (P.L. 89-665, National Historic Preservation Act of 1966); (10) review those surveys and historic preservation plans that may be required, and approve properties for nomination to the National Register as provided for in 16 U.S.C. 470-470n (P.L. 89-665, National Historic Preservation Act of 1966); (11) provide necessary assistance to the governor and the legislature for achieving balanced and coordinated state policies and programs for the preservation of the state's historic, prehistoric, and archeological resources; (12) consult with local historical district commissions regarding the establishment of historical districts under AS 29.55.010 - 29.55.020 and the approval of project alterations under AS 45.98.040 ; recommend, if appropriate, the formulation of additional criteria for the designation of historical districts under AS 29.55.020 (b); approve plans for and evaluate the suitability of specific structures for purposes of loan eligibility and continuance under the historical district revolving loan fund (AS 45.98); and consult with the Department of Commerce, Community, and Economic Development relative to the adoption of regulations for historical district loans under AS 45.98; (13) determine the correct and most appropriate names of the lakes, streams, places, and other geographic features in the state and their spelling; (14) pass upon and give names to lakes, streams, places, and other geographic features in the state for which no single generally acceptable name has been in use; (15) cooperate with local subdivisions of government and, with their approval, change the names of lakes, streams, places, and other geographic features to eliminate duplication of names in the state; (16) prepare and publish an official state dictionary of geographic names and publish it for sale, either as a complete whole or in parts when ready; and (17) serve as the state representatives of the United States Board on Geographic Names and cooperate with that board so that there is no conflict between the state and federal designations of geographic features in the state. (b) In carrying out its duties to name geographic features under this section, the commission shall consider using Alaska Native place names for geographic features in the state that have not previously been named, using Native language writing systems accepted by the Alaska Native Language Center of the University of Alaska at Fairbanks. (c) When the commission gives a name to a lake, stream, place, or other geographic feature in the state, the name is the official name of the geographic feature and shall be used in all maps, records, documents, and other publications issued by the state or its departments and political subdivisions. (d) A person may not attempt to modify local usage or name an unnamed geographic feature in an advertisement or publication without first obtaining the approval of the commission. If a person violates this section, the commission shall promptly announce its disapproval and shall adopt an official name for the feature. Sec. 41.35.360. Reports. [Repealed, Sec. 35 ch 126 SLA 1994]. Repealed or Renumbered Sec. 41.35.370. Executive director. [Repealed, E.O. No. 83 Sec. 20 (1993)]. Repealed or Renumbered Sec. 41.35.375. Powers of chairman. Subject to available appropriations, the chair may, with the concurrence of a majority of the commission, employ necessary personnel and may contract for the services of experts and other persons who may be needed. Sec. 41.35.380. Gifts and income. (a) There is established in the state general fund a special Alaska Historical Commission receipts account into which shall be paid: (1) all monetary gifts, grants, and bequests received by the commission; (2) all royalties and other income that the commission receives from its projects. (b) The legislature may appropriate funds from this account for commission projects. Chapter 41.37. CITIZENS' ADVISORY COMMISSION ON FEDERAL AREAS IN ALASKA Sec. 41.37.010. - 41.37.150. Citizens' Advisory Commission on Federal Areas in Alaska. [Repealed, Sec. 3 ch. 81 SLA 1981, as amended by Sec. I ch. 25 SLA 1988 and Sec. I ch. 71 SLA 1998]. Repealed or Renumbered Sec. 41.37.160. Citizens' Advisory Commission on Federal Management Areas in Alaska. The Citizens' Advisory Commission on Federal Management Areas in Alaska is established in the department. In the exercise of its responsibilities, the commission shall consider the views of citizens of the state and officials of the state. Sec. 41.37.170. Membership and officers. (a) The commission is composed of 12 members appointed in accordance with this section. (b) The membership of the commission shall represent each region of the state to give the commission a reasonable geographic balance among regions of the state. (c) The governor shall appoint six members of the commission. (d) The speaker of the house of representatives shall appoint one member of the commission from the membership of the state house of representatives and two members who are residents of the state who are not legislators. (e) The president of the senate shall appoint one member of the commission from the membership of the state senate and two members who are residents of the state who are not legislators. (f) Each member of the commission serves at the pleasure of the appointing authority. (g) The commission shall select a presiding officer of the commission from its membership. The commission may elect other officers. Sec. 41.37.180. Qualifications of members. The members of the commission appointed by the governor under AS 41.37.170(c) and members appointed under AS 41.37.170 (d) and (e) who are not members of the legislature shall be representative of the diversity of users and uses of federal land in the state. Sec. 41.37.190. Term of members of the commission. (a) A member of the commission appointed by the governor serves for a term of four years or until a successor is appointed and qualifies. (b) A member of the commission appointed from the legislature serves for the person's term of office as a legislator or until a successor is appointed and qualifies. (c) Except as provided in (b) of this section, a member of the commission appointed by the speaker of the house of representatives or president of the senate serves for four years or until a successor is appointed and qualifies. Sec. 41.37.200. Compensation, expenses, and per diem. (a) A member of the commission who is a legislator or a full-time employee of the state or of a municipality of the state shall suffer no loss of compensation from the state or a municipality of the state as a result of service to the commission. (b) A member of the commission is entitled to per diem and travel expenses authorized for boards and commissions under AS 39.20.180. Sec. 41.37.210. Staff of the commission. The commission may employ staff and contract for services relating to matters within its authority. Staff employed under this section are responsible to the commission. Sec. 41.37.220. Duties of the commission. (a) The commission shall consider, research, and hold hearings on the consistency with federal law and congressional intent on management, operation, planning, development, and additions to federal management areas in the state. (b) The commission shall consider, research, and hold hearings on the effect of federal regulations and federal management decisions on the people of the state. (c) The commission may, after consideration of the public policy concerns under (a) and (b) of this section, make a recommendation on the concerns identified under (a) and (b) of this section to an agency of the state or to the agency of the United States that manages federal land in the state. (d) The commission shall consider the views, research, and reports of advisory groups established by it under AS 41.37.230 as well as the views, research, and reports of individuals and other groups in the state. (e) The commission shall establish internal procedures for the management of the responsibilities granted to it under this chapter. (f) The commission shall report annually to the governor and the legislature within the first 10 days of a regular legislative session. (g) The commission shall cooperate with each department or agency of the state or with a state board or commission in the fulfillment of its duties. (h) All hearings of the commission are subject to AS 44.62.310 . Hearings of the commission held under this section shall be noticed as provided in AS 44.62.190 and 44.62.200, and the hearings shall be conducted in accordance with the provisions of AS 44.62.210 . Article 4. Historic Preservation Commission Article 4. Historic Preservation Commission 2.30.410 Established. (a) An historic preservation commission is hereby created, consisting of seven residents of the City of Seward or surrounding areas, who shall be appointed by the council. If there is more than one applicant for the position, the council shall appoint by ballot voting. Applicants must receive at least four votes in order to be appointed. No officer or employee of the city may be appointed a member of the commission. (b) To the extent available in the community, three commission members shall be professionals, as defined in Appendix A of 36CFR 61, from the disciplines of history, architecture or architectural history and archaeology. If the commissioners are not professionals in the disciplines of history, architecture or architectural history, and archaeology, then consultants in these disciplines will be appointed as consultants to the historic preservation commission. Consultant appointments shall be approved by the historic preservation commission and must be qualified under the standards defined in Appendix A of 36 CFR 61. (c) A chairman of the commission shall be selected annually by the appointed members. (Ord. 94-04; Ord. 2000-13, § 3, 2000) 2.30.415 Terms of office; filling vacancies. (a) Members of the historic preservation commission shall be appointed for a term of three years, provided that the terms of initial appointments shall be staggered so that as nearly as possible a pro rata number of members shall be appointed for each year. (b) The city council, may appoint any qualified person to fill a vacancy of any member of the board provided that the appointment shall be for the unexpired term of the vacancy. (c) Following a member's absence from three consecutive regular meetings of the commission, the remaining commission members shall decide whether the commission member should be retained or whether to request council appointment of a new member. (Ord. 94-04; Ord. 2000-13, § 3, 2000) 2.30.420 Meetings and quorum. (a) The commission will meet at least twice each year at a time and place to be designated by the commission. (b) Four members of the commission shall constitute a quorum for the transaction of business, except that, in the absence of a quorum, any number less than a quorum may adjourn the meeting to a later date. The affirmative votes of at least a majority of those commission members present shall be required for any action. (c) All meetings and records of the commission shall be open to the public. The commission shall keep minutes of proceedings showing the vote of each member upon each question and shall keep records of any actions, all of which shall be immediately filed in the office of the city clerk and shall be a public record. (Ord. 94-04) Seward, Alaska, Code of Ordinances (Supp. No. 25-1, Update 3) Created: 2022-12-16 15:15:40 [EST] Page 1 of 2 2.30.425 Powers and duties. (a) It shall be the responsibility of the historic preservation commission to: (1) Develop a local historic plan that will include provisions for identification, protection and interpretation of the area's significant resources. Such a plan is to be compatible with the Alaska Historic Preservation Plan and to produce information compatible with and for the Alaska Heritage Resources Survey. (2) Survey and inventory community historic architectural and archaeological resources within the community. (3) Review and comment to the state historic preservation officer on all proposed National Register nominations for properties within the community area. (4) Act in an advisory role to other officials and departments of local government regarding the identification and protection of local historic and archaeological resources. (5) Work toward the continuing education of citizens regarding local historic preservation and community history. (6) Support the enforcement of the Alaska Historic Preservation Act, AS 41.35. (7) Review local projects and recommendations about the effect on properties identified in the local historic preservation inventory. (b) The commission shall have no authority to expend or commit city funds without first obtaining approval by and any necessary appropriations from the city council. (Ord. 94-04) (Supp. No. 25-1, Update 3) Created: 2022-12-16 15:15:40 [EST] Page 2 of 2 City of Seward, Alaska Historic Preservation Commission Meeting Minutes November 10, 2022 Volume, Page CALL TO ORDER The November 10, 2022 regular meeting of the Historic Preservation Commission was called to order at 7:00 p.m. by Chair Tanguy Libbrecht. OPENING CEREMONY Mary Ann Benoit led the Pledge of Allegiance to the flag. ROLL CALL There were present: Tanguy Libbrecht presiding and Sue Ward Mary Ann Benoit Dona Walker Art LeMaster comprising a quorum of the Commission; and Bailey Sayler, Library Museum Director Kris Peck, Deputy City Clerk Excused — None Absent — None Vacant — Two CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Cheryl Seese, inside city limits, spoke of a recent Historic Preservation award she had received, as well as the timeframe to decline a nomination for such an award. She thanked everyone on the commission for their service to the community. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Libbrecht/Ward) Motion Passed Approval of Agenda and Consent Agenda Unanimous The clerk read the following approved consent agenda items: Approval of the October 13, 2022 Historic Preservation Regular Meeting Minutes. SPECIAL ORDERS, PRESENTATIONS AND REPORTS City of Seward, Alaska Historic Preservation Commission Meeting Minutes November 10, 2022 Volume, Page Proclamations & Awards — None Chair Report Libbrecht thanked Commissioner Ward for her work on the 2023 Historic Preservation Meeting schedule. Other Reports and Announcements Report on Historic Preservation Facebook Page. Benoit reported their most recent Facebook posts focused on the St. Peter's Episcopal Church and heritage tourism. Report on Certified Local Government (CLG) Grant 20005. Benoit said that a digital version of the walking tour map was available by scanning a widow decal QR code with a smart phone. There was currently one window decal located at the Chamber of Commerce. The Seward Community Library & Museum would have their window decal posted within the next few days. The availability of the digital walker tour map would reduce the overall usage of the printed maps. Report on USS Alaska LeMaster provided a laydown on the USS Alaska Submarine memorial concept. Navy veterans of the submarine had expressed interest in a memorial plaza located in Seward. LeMaster intended to keep Historic Preservation in the loop on any future ideas forthe project. LeMaster noted the submarine was still in active service and it could be 15-20 years before decommissioned sections of the submarine would become available. The conning tower of the submarine was the most ideal piece and would require a 60 x 60 square foot space to be displayed. Libbrecht responded that it seemed reasonable for Historic Preservation to keep the project on their radar. Library Museum Director Bailey Sayler added that she was also working with the veterans of the USS Alaska to feature a small-scale model of the submarine inside the Seward Community Library. Presentations — None NEW BUSINESS Other New Business Items Possible proposal for helping write a grant for St. Peter's Episcopal Church City of Seward, Alaska Historic Preservation Commission Meeting Minutes November 10, 2022 Volume, Page Chair Libbrecht said he would be happy to assist St. Peter's Episcopal Church in applying for any available grants to maintain the building. He felt St. Peter's Church was an important historic building to the Seward community. LeMaster said he had talked with the church wardens and planned to get together to discuss applying for grants. He would volunteer his time separate from Historic Preservation and said he would keep the commission in the loop with updates. 2023 Historic Preservation Commission Priorities & Meeting Schedule Motion (Ward/Benoit) Approve of 2023 Historic Preservation Commission Priorities & Meeting Schedule Libbrecht said the Historic Preservation Commission wanted to have four meetings a year with each meeting preceded by a work session. The meetings would be held on the second Thursday in January, April, August and November. Motion Passed Unanimous INFORMATIONAL ITEMS AND REPORTS — None CITIZEN COMMENTS Cheryl Seese, inside city limits, said the nationwide Episcopal Church organization had a lot of funds for repairing historic churches and she would look into it as a citizen. She suggested the USS Alaska Memorial be incorporated into the existing Mariner's Memorial on the South Harbor Uplands. Seese would also like to see a Jesse Lee Home memorial that told the full story of the building and its inhabitants. COMMISSION AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Benoit appreciated the citizen comments and thanked to the new chair and vice chair for the meeting. Libbrecht also appreciated the citizen comments. He hoped the commission could fill the two vacant seats and also keep the workload reasonable. Ward said she would work with Baily Sayler to clean up the 2023 Historic Preservation schedule and correct some minor errors and typos. ADJOURNMENT The meeting was adjourned at 7:41 p.m. City of Seward, Alaska Historic Preservation Commission Meeting Minutes November 10, 2022 Volume, Page Kris Peck Deputy City Clerk (City Seal) Tanguy Libbrecht Chair