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Home My WebLink About06062023 P&Z Work Session Packet Planning & Zoning Commission Work Session Packet Work Session Tuesday, June 6, 2023 Council Chambers, City Hall Immediately following the regular meeting The City of Seward,Alaska SEWARD PLANNING AND ZONING COMMISSION jo WORK SESSION AGENDA June 6, 2023 Immediately following the regular meeting Council Chambers Clare Sullivan 1) CALL TO ORDER Chair Term February,2024 2) STAFF COMMENTS Vanessa Verhey 3) DISCUSSION ITEMS Vice Chair Term February,2026 a.. Cemetery Online Map Presentation...........................................3 Nathaniel Charbonneau b.. Cemetery Permitting Process....................................................7 Commissioner Term February,2024 c.. Burial Permit............................................................................11 Victoria Monaco d., Title 7- Cemeteries and Burials...............................................15 Commissioner Term February,2026 e.. Cemetery Management Action Plan 1996................................21 Brenan Hornseth Commissioner 4) ADJOURNMENT Term February,2025 Troy Staggs Commissioner Term February,2025 Sean Ulman Commissioner Term February,2025 Norm Regis Acting City Manager Jason Bickling Community Development Director Courtney Bringhurst City Planner Selena Soto Planning Assistant Kris Peck City Clerk 1 OUTCOME GOALS FOR WORK SESSION 1) Familiarize commissioners and public with the new, online cemetery maps used for reservations and researching past burials 2) Discuss the current process that is in place for burial plot permits and reservations 3) Familiarize commissioners with the requirements in Seward City Code regarding Cemeteries and Burials 4) Review the Cemetery Management Action Plan from 1996 and identify changes required to bring it into alignment with current expectations and requirements BACKGROUND: The cemeteries located within Seward are of great significance and should be managed in such a way that shows they are respected and valued. Unfortunately, this has not always been the case. This is in part due to a lack of an updated and uniform process for how the cemeteries, both public and private, should be managed. This work session is meant to help the Commission and public review all current practices, policies, and plans that are in place for managing the cemeteries; and to begin developing recommendations to create a more cohesive and updated management plan for all cemeteries within the City of Seward. 2 CEMETERY ib ONLINE MAPPING 3 5/11/23,8:14 AM Cemetery Maps I Seward,AK Cemetery Maps The City of Seward has two cemetery maps: a "master" cemetery map and an editable cemetery map for , .blic to share their information. If you are looking for a burial plot or a plot for reservation, please use the "master" cemetery map to identify plots that are available. The legend in the top left corner of the master cemetery map will show that available plots are in green, occupied plots are in pink, and reserved plots are in yellow. The Plot ID number is labeled on the plot itself. Please note, we are currently still updating our available plots within the older sections of the City cemetery and plan to verify availability in the spring and summer of 2023 with the help of volunteers. For now, we ask those seeking a burial plot within the City cemetery to focus on the section east of the old Oddfellows cemetery as that area has plenty of available plots. We thank you for understanding as we aim to make our cemetery map more complete. DD-DI 03 ..... oo a,._ oa o, K , os EE y ~ cc oc o0 oc ee c rF o' _ 11 11 09 c ee 3� as F �� s oc oo_,o Ee_z FF_,o HH,z _ 'o IF 11 F- - - a'i►` ' - CC-14DD-14 ee 14IF_14 - 1.-11 JJ-14 �^ e cc,s FF,c 1111 11 Is j ;; o -� Available plots east of the old Oddfellows 17 E. FF„ H�19 s _1 Cemetery_ _-z -22 Existing P"_< Oddfellows Cemetery „s Legend FF_ - _ K_ status EE- Mx : 33 „33 KK_ 33 -Available(323) N - - KK_ i�3c _ _ _ �` '. -Occupied(18) )E�a ,`.. xrn_as Reserved(10) _ _ -1-1 - _ MM 3 -r eE 3e FF_a aJ 3 K - OR M=s Note: If you are looking to be buried in the American Legion, Pioneers, or Masons Cemetery, please contact those organizations. The City is not responsible for plot assignments nor plot reservations within those cemeteries. Cemetery Map 4 https://www.cityofseward.us/community/residents/cemetery-2/cemetery-maps 1/4 5/11/23,8:14 AM Cemetery Maps I Seward,AK This map shows where individuals are laid to rest within *he following cemeteries: City,Jesse Lee,American Legic Pioneers,Masonic, and the old Oddfellows cemetery. CITY CEMETERY Instructions on how to use this map are provided in this short tutorial video. Plot information includes headstone photos and associated obituaries. k • � 'W x Cemetery Editable ��..^ Map This map is w „ M for the z public to add to or edit any information in the cemetery map.Attachments can be uploaded to individuals such as headstone photos or associated obituaries.All edits will be reviewed by the Community Development staff. Instructions on how to use this map are provided in this short tutorial video. Editable Mapping Project When the City cemetery became the main cemetery of Seward in the 1930's, no accurate mapping or records had been maintained. In 1983, the book,Alaska's Kenai Peninsula Death Records and Cemetery Inscriptions, by the group, Kenai Totem Tracers, was published. This book recorded the marked and unmarked graves of individuals buried in the multiple cemeteries located on the Kenai Peninsula, including those in Seward. In the early 2000's, past Community Development Director, Kerry Martin,began heavily researching the individuals buried within the City cemetery and surrounding cemeteries, attempting to identify and locate known and unknown individuals. His research was added to the second book published by Kenai Totem Tracers, Cemetery Inscriptions and Area Memorials in Alaska's Kenai Peninsula Borough, in 2004*. In this book,there is a list of individuals whose burial locations are unknown. There are around 400 individuals within the City Cemetery whose burial locations have not been identified, not including individuals buried in the private cemeteries nearby.The list was compiled onto a spreadsheet and can be found here. If you have information on any individuals on the list, please add a burial plot for the individual on the editable map or contact Community Development staff. 5 https://www.cityofseward.us/community/residents/cemetery-2/cemetery-maps 2/4 5/11/23,8:14 AM Cemetery Maps I Seward,AK Since 2004, staff and volunteers have taken the time to keep improving the cemetery records by surve-,Pn¢ and mapping out the cemeteries and by taking photos of burial sites that have headstones. In 2022, Ci acil approved Resolution 2022-o76 which authorized ground penetrating radar (GPR) services to be conducteu in the City cemetery. Both the west and east sides of the City cemetery and the section near the old Oddfellows cemetery were surveyed. The results can be seen on both maps above by clicking the Layer List icon in the mapping application and clicking on the layer, 2022 GPR survey results. 9 M „ .. A" i' •1""9-r'1.I 1 '" • 1 G Using these results with the Kenai Totem Tracers information as well as using past and recent GIS information, an editable map was created so that the community has a platform to share their knowledge.We are extremely thankful for the efforts that have been made in the past in helping improve our cemetery and we hope this editable map makes it easier to keep making those improvements. Thank you for your interest in our cemeteries! *To view sections of the 2004 Cemetery Inscriptions and Area Memorials in Alaska's Kenai Peninsula Borough,text files were given to USGenWeb Archives by Kenai Totem Tracers and those online links can be found under Resources on the right-hand side of this webpage. 6 https://www.cityofseward.us/community/residents/cemetery-2/cemetery-maps 3/4 CEMETERY ib PERMITTING PROCESS 5/11/23,8:13 AM Burial Plot Permits&Reservations I Seward,AK Burial Plot Permits & Reservations Burial Plot Permit Seward has four cemeteries in use today - City Cemetery, American Legion, Masons and Pioneers of Alaska. Regardless of which cemetery you choose, you are required to have a Burial Permit from the City. All City cemeteries are required to comply with the City code, at a minimum, and some have additional requirements. When you apply for a Burial Permit (also known as a Cemetery Use Permit)with the City Clerk's office,you will be asked to identify your cemetery of choice. You can download a Burial Permit to fill out at home or fill one out at the City Clerk's office where they are available. You will need to submit the application to the City Clerk's office located on the second floor of City Hall. You will need the following information to fill out the burial permit: • Name and Birth/Death Dates of the Deceased: There are spaces on the application for other information if you have it, such as the maiden name (if applicable) and place of birth and/or death. • Alaska State Burial - Transit Permit #: The State of Alaska issues a Burial Transit Permit, which acts as the official notification to the Bureau of Vital Statistics that a death has occurred. This permit number is required by the City of Seward on the Burial Permit application. Please bring the state permit number with you when you submit an application within the City. • Plot ID Number if being interred in the City Cemetery: You can find the Plot ID number by using the Cemetery Map found on the Cemetery Maps webpage. The Plot ID number is labeled on the plot itself on the map. If you are looking to be buried in the American Legion, Pioneers, or Masons Cemetery, please contact those organizations. Their contact information can be found on the right-hand side of this webpage under, "Cemetery Contacts". The City is not responsible for plot assignments nor plot reservations within those cemeteries. Please note, we are currently still updating our available plots within the older sections of the City cemetery and plan to verify availability in the spring and summer of 2023 with the help of volunteers. For now, we ask those seeking a burial plot within the City cemetery to focus on the section east of the old Oddfellows cemetery as that area has plenty of available plots. Burials The plot size must be five feet wide by ten feet long, centered on the plot from all four corners, and allow at least 42" depth from top of casket/vault/liner to the ground surface. The ground surface must be maintained at the same elevation as the surrounding surface and excavated materials may not be placed (even temporarily) upon another grave site. Materials may be placed or stored off-site or in a vehicle. 8 https://www.cityofseward.us/community/residents/cemetery-2/cemetery-use-permit 1/3 5/11/23,8:13 AM Burial Plot Permits&Reservations I Seward,AK Cremains The plot size must be two feet wide by two feet long and allow at least 24" of depth from the top of the urn to the ground surface. Burial Plot Reservations To reserve a plot, please go to the City of Seward's OpenGov Portal. Under Community Development, you should find a list of applications including the Burial Plot Reservation form. Click on that form to begin the application process.The following information will be needed to fill out the form: • Purchaser Information (Name,Mailing Address,Email, etc.) • Plot Reservation Information • Cemetery(City Oddfellows or City East currently) • Plot ID * for each plot being reserved Plot reservations cost $5oo per reserved plot and are nonrefundable. Plot reservations are also not transferable. Deposits & Fees • Burial Plot/Cemetery Use Permit (Fee): $25 (Non-Refundable) • Permanent Marker(Deposit): $too (Refundable Upon Installation) • Burial Plot Reservation (Fee): $500 per plot reserved (Non-Refundable) Markers Temporary markers made of wood, concrete or plastic are acceptable for up to one year from the burial date. Permanent markers are required to be placed within one year of the burial, and can be made of granite, synthetics approved for cemetery use, or cast bronze, brass or aluminum mounted in natural stone or concrete. Only one marker is allowed per gravesite, unless additional family burials are made within the same site (i.e. cremains, children or double burials). Minimum marker size required is 4 3/4" x 8 3/4" x 3" thick. Maximum marker size allowed is 799 square inches x 4" thick. Monuments may be no more than 6o" high, including the 9 https://www.cityofseward.us/community/residents/cemetery-2/cemetery-use-permit 2/3 5/11/23,8:13 AM Burial Plot Permits&Reservations I Seward,AK base. The base should be 36" long x 18" wide x 8" deep. Markers must be inscribed in either raised or en-raved letters of at least 1/4" deep/thick to include for the first and last name of the deceased and the year of ind death. Decorations Temporary boxes, fences or decorations are allowed up to 14 days following internment, or until the burial site seeded for grass or other maintenance is required. No permanent raised obstructions such as mounds, fences, curbing, rocks or large or crushed gravel are allowed. The ground surface must be left at the same elevation as the surrounding surface upon completion of the burial. Funeral Homes & Contractors The City does not perform burial services. It is the responsibility of the loved ones to make arrangements for the burial site excavation and backfill services. These can be performed by a funeral home, private contractor or the loved ones themselves. It is also important that the ground is left clean and level upon completion of the burial. 10 https://www.cityofseward.us/community/residents/cemetery-2/cemetery-use-permit 3/3 CEMETERY PERMITS 11 City of Seward Cemetery Use Permit # Y JIB ❑ Burial/Interment ❑ Disinterment ❑ Marker Installation A Cemetery Use Permit is required for burial in or disinterment from any cemetery, regardless of ownership, within the City of Seward (SCC 7.20.020). Each grave site must be marked. A temporary marker is allowed for up to one year, by which time a permanent marker must be placed that includes a minimum inscription of decedent's full name, year of birth &year of death.The application for cemetery use must be accompanied by: 1. An Alaska State Burial—Transit Permit# 2. A$25 Burial Records Permit Fee (PER) 3. A$100 Grave Marker Deposit (reimbursed upon placement of permanent marker)(BUR) Name of Deceased Male ❑ Female ❑ Maiden Name Cremains Yes No Date of Birth Place of Birth Date of Death Place of Death Applicant's Name Address Phone# Relationship to Deceased Date of Burial Funeral Home Cemetery: ❑ City ❑ Pioneers ❑ American Legion ❑ Masonic Assigned Site Row Lot Other The designated grave site has been marked on the ground by the cemetery representative and the site is ready for digging Signature of Representative Date Type of Marker: ❑ Headstone ❑ Cross ❑ Plaque ❑ Other Marker Text Date Received Payment Received $ City Clerk Approval Distribution: ❑ Original Clerk ❑ Applicant ❑ SPRD ❑ CDD 12 Burial Plot Reservation General Locations Access Form Attachments Documents Fees Purchaser Information Flat reservations cc:t$500 per reserved plot.` that plot reservations are nontransferable dlIG nonrefundable. Narne of purclia ,i Mailing Address,. Gity:I state:' Zip code Phone Number: Finail. + Click to Aided a New Field Plot Reservation Information If you want to reserve multiple plats.please put in the name of the individual that the reservation is for. First Name on Reservation: Last Name on Reservation. L.at�el for GIS map:'fi Cemetery*d w Plot ID M:•O To find an available plot to reserve.please visit the City of Seward's Cemetery Map.Plots that are available are in green.The Plot ICU number is on top of the plot(i.e.AA7), Please note,we are currently verifying availability in the older sections of the City cemetery(City West and portions of City East).We ask you to focus on the City Clddfellows available plots as we aim to finish verifying availability of plots this summer of 2023 with the help of volunteers. } Click to Adel a New Field 13 Signature This application is NOT a land title,but allows for a legal buriaI at the reserved site.This application also does not substitute for a required Burial Permit.Please contact the City Clerk's office at(907)224-4046 if you need a Burial Permit. By signing this application. you are agreeing to the ondemniticationthold harmless agreement below'Purchaser agrees to indemnify,save,protect,hold harmless,and defend the City of Seward, the City Council of the City of ';award. individually and collectively, and the City of Seward representatives. officers, official-. crnployees. agents, and vphinteers from any and all claims, demands, damages. fines. oblig4 norr,, tsuits, judgments, penalties. causes of action, losses, liabilities. or costs at any time received. incurred. or accrued as a result of, or arising out of Purchaser's actions or inaction. Purchaser Signature' Ll + Glick to Add a New Field i4 Community Development Review ii Adtl�ti iu i:�iiaet�ry Malt ` v Q Notes(if any): + Click to Add a.New Field fi Parks&Rec Review Q staff Nam:• a Marker Installed: MM/D1)/YY'Y'Y G Picture of marker in place: No file chosen G Notes(if any). # Click to Add a New Field + Click to Add a New Section 14 TITLE 7.20 CEMETERIES AND BURIALS 15 Chapter 7.20. Cemeteries and Burials Chapter 7.20. Cemeteries and Burials 7.20.010 Purpose and intent. It is the intent of this Code to establish a community cemetery with adequate administrative and maintenance provisions to provide for proper burial; ensure the continuity of its operation; provide for accountable record keeping; provide for protection of public property; and provide for the safety, health and welfare of the public. (Ord. 96-27) 7.20.015 Definitions. For the purposes of this chapter,the following terms, phrases,words and their derivations will have the meaning given herein. Words used in the present tense include the future,words in the plural number include the singular number,words in the singular number include the plural number and words in the masculine gender include the feminine.The word "will" is always mandatory and not merely directory. Burial (interment) means the permanent disposition of the remains or cremains of a deceased person by crypt or vault entombment, inurnment of cremains in a niche or container,or earth burial. Disinterment(exhumation) means the legal removal of a deceased person's remains from a grave. Burial lot means a single platted parcel of land within a cemetery designed for interment of human remains. Includes grave, plot,site or space. Burial preparation means the excavation, backfill and removal of excess material from a burial lot and replacement of the turf. Burial permit means a valid City permit allowing the burial of a deceased person in any cemetery.A valid State of Alaska burial permit is required to obtain a City permit. Cremains means the cremated remains of a deceased person. Cemetery means a burial park for earth and crypt interments. City means the city of Seward. Grave reservation permit means a revocable use permit to reserve a burial lot(s) in the cemetery. Memorial means any marker, monument,tablet, headstone or structure upon or in a burial lot, niche or crypt placed thereupon for the identification or memory of the interred. Perpetual care means attending to the normal and reasonable maintenance of burial lots,the grounds, walks, roadways, boundaries and structures in order that the grounds shall remain and be reasonably cared for as cemetery grounds forever. By way of illustration it includes cutting of grass at reasonable intervals; removal of rubbish;general care and pruning of trees and shrubs that may be along the walks, roadways and boundaries. It does not include unique or special provisions for the care or cultivation of any special flowers,shrubs,trees or other plants on any lots and grave spaces; nor the repairing, removal, replacement, reconstruction or maintenance of monuments or memorials; nor the construction or reconstruction of any marble,granite, bronze or concrete work on any lot where same is damaged from any cause whatsoever. Remains means any part or parts of the body of a deceased person. Reservation means reserving a burial lot(s) in advance of interment,and does not imply any fee simple transfer of ownership. (See"grave reservation permit.") Seward,Alaska,Code of Ordinances Created: 2023-04-18 15:04:42 [EST] (Supp. No.26-1,Update 1) Page 1 of 5 16 (Ord. 96-27) 7.20.020 Generally applicable to private and public cemeteries. (a) Permits required. (1) There shall be no burials or exhumations within any cemetery within the city or under city ownership without an appropriate city burial/exhumation permit issued in accordance with the provisions of this chapter. (2) City permitting will be in addition to any provisions or authorization, if required, in cemeteries owned and/or operated by private organizations. (b) Burial. (1) It shall be unlawful to bury any human remains within the corporate limits of the city except in a platted and duly authorized cemetery. (2) The remains of any person may not be exhumed without submission of a valid state of Alaska permit and any applicable fees. (c) Markers. (1) A permanent marker identifying the person interred must be placed on a grave within one year of interment. (2) Minimum and maximum marker size and type must be in accordance with rules and regulations adopted by the City Council. (d) Records. (1) The city will permanently maintain records of all burial and exhumation activity in all private and public cemeteries within the city or under city ownership. (2) The city will permanently maintain official maps of all cemeteries within the city or under city ownership depicting burial or exhumation locations.The city will not be responsible for the accuracy of burial records prior to the enactment date of this chapter. (Ord. 96-27) 7.20.025 City cemetery created. (a) All that portion and parcel of lands described as the Woodlawn Cemetery Plat,dated October 17, 1916,and Lot 1, Fort Raymond Subdivision Plat No. 87-12,dated July 2, 1987, both filed in the Seward Recording District and owned by the City of Seward,are hereby set aside and dedicated for cemetery purposes as a burial place for the dead and,subject to the provisions of this chapter,are open to all persons regardless of race,creed,color, religion or national origin. (b) The Woodlawn Cemetery is considered to be historic and not open to new burials. (c) The city manager will cause the city cemetery to be surveyed, laid out and platted into burial lots,duly numbered,and a map thereof made and filed with the city clerk. (Ord.96-27) Created: 2023-04-18 15:04:42 [EST] (Supp. No.26-1,Update 1) Page 2 of 5 17 7.20.030 Rules and regulations—Promulgation and authority. (a) All land within the city cemetery and within any extension of the cemetery at any time hereafter made will be subject to and regulated and controlled by the provisions of this chapter and any rules adopted by the city.The police power of the city is extended over all of the cemetery. (b) The city manager may promulgate rules and regulations,subject to approval of the City Council,governing the use, maintenance and operation of city owned cemeteries, including but not limited to the: (1) Replat,change of boundaries or grading of any part thereof; (2) Reservation, use and disinterment of any burial site; (3) Type and size of burial markings,decorations and memorials; (4) Issuance of permits for the reservation, use and disinterment of burial sites; (5) Establishment of fees for service and permits issued in connection with the cemetery; (6) Interment locations,space,capacity; (7) General access including pedestrian and vehicle traffic;and (8) Maintenance, landscaping,care,construction, repairs and grave preparation. (c) Said rules and regulations will be on file with the city clerk and available for perusal by any interested person upon request during regular city business hours. (d) Within the guidelines established by said rules and regulations,the city manager will have the final administrative responsibility for management of city owned cemeteries. (Ord. 96-27) 7.20.035 Operation of cemetery. The city reserves the right at any time to enlarge, reduce, replat or change the boundaries of city cemeteries or any part thereof;to modify, change location, move or regrade roads,drives,walks or any part thereof;to lay, maintain,operate,alter or change pipelines,gutters,sprinkler systems or drainage; and to relocate grave sites or allow disinterment upon proper legal authority.The city reserves for itself the perpetual right of ingress and egress over all plots for the purpose of maintenance, operations or any emergency work necessary to the operation of the cemetery. (Ord. 96-27) 7.20.040 Burial site reservations. (a) Upon establishment of rules and procedures by City Council resolution, burial sites may be reserved on a first come,first served basis by any person for himself or immediate family members to a maximum of ten burial sites. In order to encourage family grave lot use and to discourage institutional speculation,funeral homes and other similar corporate or business entities are excluded from acquiring burial sites except for a specific immediate burial. (b) The city will maintain burial reservation records to include at a minimum the name and address of the permittee and the date of reservation.The city will not authorize the use of reserved burial sites by anyone other than the purchaser or his properly designated representative. Created: 2023-04-18 15:04:42 [EST] (Supp. No.26-1,Update 1) Page 3 of 5 18 (c) Burial reservation rights to any unused plot may be relinquished to the city but may not be sold to a third party. (d) Reservation fees for a space vacated due to exhumation will not be refunded,and the burial site will return to the pool of unreserved sites. (Ord. 96-27) 7.20.045 Cemetery funding. In order to provide for the management,operation and improvement of the cemetery, it will be the duty of the city to account for all receipts and expenditures arising from burial site reservations,operation fees,donations and other sources to be exclusively used, under the direction of the City Council, in payment for operations and improvements to the cemetery. (Ord. 96-27) 7.20.050 Grave preparation. All grave openings,closings,site preparation, interments,exhumations, marker placement and removals will be in accordance with rules and regulations adopted by the City Council. (Ord. 96-27) 7.20.055 Standards for grave markers. No memorial marker will be accepted which does not conform to standards for memorials as specified in rules and regulations adopted by the City Council. (Ord. 96-27) 7.20.060 Care of cemetery. (a) The city will maintain or cause to be maintained the general cemetery appearance including any driveways, gates or fencing and may close access to such facilities for the protection of public property or to provide for the safety, health and welfare of the public. (b) The city will take reasonable precautions to protect all grave markers within the city cemetery from loss or damage, but expressly disclaims any responsibility for loss or damage from causes beyond such reasonable precautions.The city will not be responsible for damages incurred directly or collaterally and caused by or resulting from thieves,vandals, malicious mischief or accidents. (Ord. 96-27) 7.20.065 Enforcement. The city manager or his designated representative will enforce all cemetery regulations. (Ord. 96-27) Created: 2023-04-18 15:04:42 [EST] (Supp. No.26-1,Update 1) Page 4 of 5 19 7.20.070 Prohibited acts. (a) Deposit of materials. No person will deposit any rubbish,filth,waste or other unclean or unsightly substance in the cemetery. (b) Vehicle operation limitations. Except as authorized by the city manager or his designee for the operation of the cemetery, it is unlawful for any person to operate or drive any vehicle, motorized or non-motorized, in the cemetery except on the established roadways and in accordance with the city code.Vehicles may not exceed a speed of 10 MPH. No vehicle may enter the cemetery except for the purpose of attending funerals, visiting graves or other lawful mission. (c) Nuisance conditions designated—Abatement.Any tree,shrub, plant,fencing or other structure,enclosure, decoration, headstone,tomb, marker or monument located on any individual grave space which becomes dangerous or detrimental to the operations of the cemetery or interferes with or encroaches upon adjacent grave spaces will be removed. (d) Planting of trees,etc., prohibited without approval of city. No person may plant or set any tree,shrub, flower,grass or other plant of any kind in the cemetery without city approval. (e) Property damage. It will be unlawful for any person, not properly authorized,to destroy,mutilate,cut, remove, break, deface or injure any trees,shrubs, plants, ornaments,walks,sidewalks,fences,gateposts, monuments, markers or other things used in or belonging to the cemetery. (f) Animals. It is unlawful to ride or drive any animal upon,over or across the lands or lots of any cemetery except on established vehicle ways;or to hitch or tie any animal to any trees,shrubs, plants or other ornament within any cemetery,or permit any animal to be pastured in the cemetery. It is unlawful to bury any animal remains in the cemetery. (g) Noise. It is unlawful for any person, except a city employee or contractor in the performance of his duty in caring for the cemetery,to willfully make any unnecessary noise or disturbance within the cemetery. (Ord. 96-27) 7.20.075 Violations—Penalties. Any person,firm or corporation who violates any provision of this chapter will, upon conviction thereof, be fined in an amount not exceeding$300.00. Each day such violation is committed or permitted to continue will constitute a separate offense and will be punishable as such hereunder. (Ord. 96-27) Created: 2023-04-18 15:04:42 [EST] (Supp. No.26-1,Update 1) Page 5 of 5 20 CEMETERY MANAGEMENT ACTION PLAN - 1996 21 SEWARD COMMUNITY CEMETERIES MANAGEMENT ACTION PLAN • PREPARED BY Community Development Department The City of Seward,Alaska RECOMMENDED BY: Seward Historic Preservation Commission Resolution No. 96-01 Seward Planning and Zoning Commission Resolution No. 96-09 ADOPTED BY: Seward City Council Resolution No.96-083 22 Cemeteries are created for the living, not the dead. Cemetery Pip,, June S,1996 23 TABLE OF CONTENTS INTRODUCTION . ... . . . . .. . . . . . . ......... . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 OWNERSHIP .. . . . . ... . . . ... . . . . . . . .. ... . . . . .. . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 RECORDS . . . . . . . . . . .. . . . . . . . . . . . . . ... . . .: . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 10 CEMETERY USES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PLATTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 HEADSTONES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 RESERVATIONS . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 FUNDING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15- MAINTENANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . 16 PLAN IMPLEMENTATION. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..20 BIBLIOGRAPHY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 APPENDIX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Historical Summary of Council Cemetery Actions . . . . . . . . . . . . . . . . . . . . . . . . . . A Private Organization Cemetery Rules . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . B Draft Resolution and Deed to American Legion . . . . . . . . . .. . . . . . . . . . . . . . . . . . . C Draft Ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D Draft Regulations Resolution . . . . .'. . . . . . . . .. . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . .E Draft Fees Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F MailingList . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G Summary of public comments . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H Cemetery Pisa June 5,19% " 24 INTRODUCTION It has been said that sooner or later every human being becomes associated with death,first by members of their family and,finally,with themselves. If such high attributes as love,respect and devotion did not flow from human relationships,there would be no need for cemeteries. They are also an important part of our culture. Epitaphs on the markers reveal important genealogical information which may be lost in other records. Social,cultural,and statistical information can be gathered from grave marker inscriptions. Often a group of deaths from the same period or even the same date may indicate an epidemic or tragic accident.A family plot marker may give some family history or events of personal nature about the family members. Obviously,people have determined that these attributes are worth memorializing. Since the 1903 founding of Seward,there have been many burial locations within the community. In the early years the present hospital site and the beach near the ball diamonds served as burial sites. As the town grew it became necessary to relocate them. The City Council's first discussion of cemeteries in 1913 (Appendix A) set in motion the eventual 1916 acquisition and development of the Woodlawn Cemetery. Due to a rising water table it was abandoned about 1930 in favor of the current cemetery location. Two isolated burial sites can still be found. One on the hillside above Bayview Addition south of Barwell Street is apparently on private property.There are no records of who is buried or how many graves are there. The concrete-covered grave of Leo Margules lies on the mountainside above the Institute of Marine Science(IMS)apartment facility at 2nd and Washington St. The words"cemetery" and"burial" do not exist in the city code. Thus,there are no plans,rules or regulations to guide the use or maintenance of not only the city cemetery but some of the private ones as well. The public has literally been left to its own device regarding grave location, size, depth, monuments, cleanup, maintenance or any other semblance of management in the cemetery. This overall lack of management is forcing the city to outline a course of action for the management of the community's cemeteries. This Plan reviews past practices and events,expounds on the present,discusses the future,examines options,makes recommendations and seeks approval of a set of rules and regulations to guide the city staff and volunteer organizations in the resourceful management of all the community's cemeteries. Cemetery Plan June 5,19% 1 25 Seward Community Vicinity r Q' l WoodlawnI r Cemetery 1 I Bayview C , Sites c- V a City Cemetery \ Pioneer Cemetery OdAfell� Masonic Cemetery Cemetery cl Masonic Cemetery 1 American Legion Cemetery Original y Second J _� Cemetery N Cemetery Leo Margules �— Graves l N / • I Cry Plan June s,1"6 2 26 OWNERSHIP The community cemeteries are basically located in two areas- outside the city on Salmon Creek Road and within the city at Coolidge Drive and the Seward Highway. Although the latter are referred to as the"city cemetery,"it is actually a group of public and private cemeteries. Over the years, the city, private contractors, volunteers, nonprofit associations and fraternal groups have been involved in ownership, management and maintenance of our cemeteries. Woodlawn Cemetery(a.k.a. Old Railroad Cemetery and the Old Russian Cemetery) This cemetery is located on Salmon Creek Road.It was acquired by the city in 1916 from James Stewart and consisted of Lots 1 and 2,Block 2,Stewart Subdivision.This six-acre parcel,was then platted as the Woodlawn Cemetery.The north half includes a dedication of what is now Salmon Creek Road and the creation of 32 blocks with a total of 437 grave sites. The south was left unsubdivided. The only written record of graves is a 1919 plat notation and drawing relating to the relocation within the cemetery of some 11 remains. Sometime in the 1929s nearby Salmon Creek shifted its course,causing the water table to rise within a few feet of the ground surface. Woodlawn was abandoned in the early 1930's with many remains being relocated to the current cemetery.About 20 graves remain,but few have inscriptions.One of those is Mary Lowell, wife of the fast white settler on Resurrection Bay. In recent years,individual families have volunteered their time to clear brush,reset monuments and to repair and build picket fences around individual graves. Because of the high water table, use at this site is probably limited to above ground burials such as mausoleums or walls for cremation remains. At this time the north half appears to have value for historical purposes and as a reserve site for the future.The unsubdivided south half is vacant timbered land and might be considered surplus. Woodlawn Cemete **Cemete acres -! Total Graves Develo ed other Uses Vacant Road 0.79 0.00 0.79 Salmon Creek 0.00 Rd. Subdivided 2.80 0.80 0.00 2.00 Unsubdivided 3.10 0.00 0.00 3.00 remainder Total 6.69 0.80 0.79 5.00 Cemetery Pian June S,1996 3 27 wo uo�a Cemetery ._rr L � Jr ® , 0 ® ®�OT7 I � WW JT w 4� • C�Y1an June 5•1996 28 F�Cqemeteery'Reserve USS 1759. At the behest of local fraternal organizations, the City applied to the federal government, and in 1930 received patent to US Survey 1759, a 40-acre tract known as the Cemetery Reserve. The City subsequently deeded one-acre tracts to Seward Lodge No.219 Free and Accepted Masons,Resurrection Lodge A-7 Independent Order of Oddfellows and Igloo No.9 Pioneers of Alaska. Jesse Lee Home children were buried in what is now a dense forest immediately north of the Oddfellows cemetery. Most of the graves had wooden markers which have been vandalized and removed.There are no known maps or records for this site. In the mid 1930s,the American Legion began managing a portion of the reserve for veterans. More than 27 of the original 40 acres making up the Cemetery Reserve have been given over to other public uses such as electric generators,substation,water wells,the elementary school,and streets. The Reserve area was replatted in 1986 as part of the Fort Raymond Subdivision. There are plans in progress to use about an acre of the vacant Reserve for a new ball field. The City Cemetery is located at the west end of Coolidge Drive at the intersection of Jesse Lee Drive. Originally platted as a one acre site, it has expanded to about two acres. Although an original grave layout plat has been located, there appears to have been no survey markers installed nor have there been any accurate mapping or records maintained since 1933. The site is interspersed with monuments, slabs, fences, sunken graves, metal stake markers,gravel mounds,etc. In recent years,a few grave sites were placed across the western boundary line onto what is now the high school property. The Pioneers Cemetery is a privately owned one-acre site along Coolidge Drive that has been shared with the local Elk's Lodge over the years. It was deeded by the City to Pioneers of Alaska Igloo # 9 in 1933. The site is about three quarters occupied. It's development closely resembles the city's general cemetery area.Based on a 1984 proposal by a local surveyor on behalf of the Pioneer's and Elks,the City Council informally agreed to provide a small expansion to this cemetery. The land was subdivided, but no official action was ever taken to transfer it to the Pioneers or Elks. About half of the proposed area is already utilized. The Oddfellows Cemetery is a privately owned one-acre site lying midway along Coolidge Drive.It is less than a quarter utilized.In as much as the Resurrection Lodge A-7 Independent Order of Oddfellows organization ceased to exist in Alaska many decades ago, this cemetery has received virtually no use.Until a few years ago,it had been over taken with alder and brush. The city has since cleared it and mows it for brush control. No mapping or records have been kept in this area.The city has made contact with the parent organization in Washington state.They seemed amiable to deeding this site back to the city so long as Oddfellows and Rebekah burials are continued to be allowed-in that section. cemetery Elan June 5,1996 5 29 Seward Community Cemetery Site Layout OA-FlLLO C. I��----- —rTTTrrrrrrrrn— CITY \ 1 ` I a"Ar[a rew� snntif�nD 6"wCi dl0/03[D I 1 PIONEERS(ELKS) I, I VACANT I I IS I SNKANT ` I O V Is To— L[[ fams �� ODDFELLOWS CM3M _ }` y"r:DT VACANT L ll J O,N.I WOI MASONS " it ^ AMERI[AN LEGION VACANT Ji 'MR A>fl[[Rr[LAr LfAOr ""also" I ( y�1jT u WAR[NOUS[ I CrMr A s AIR fORC[ R[CR[ATION CAMP ! n sE�'�Rp • fRorrR c«NLRs GtiN,,gr i"_sc' Canatery Plan June S,19% 6 30 40-Acre USS 1759 Cemetery Reserve Summary **CEMETERY Total Graves Other Uses Vacant for acres aves City Cemetery(Lot 1 6.80 2.50 1.50 Coolidge Dr.,access 2.80 Ft Raymond Subd) road & proposed ballfield Pioneers 1.00 0.65 -0.10 access road & 0.25 Coolidge Dr. Pioneers expansion 0.40 0.15 0.04 access road 0.19 (Lot 2 Ft Raymond Subd Oddfellows 1.00 0.15 0.00 Coolidge Dr. 0.85 Masons 1.00 0.50 0.00 Coolidge Dr. 0.50 American Legion (Lot 2.40 0.60 0.08 access road, flags& 1.74 3 Ft Raymond Subd) utility easement Lot 6A Ft Raymond 8.10 0.00 8.10 wells, substation & 0.00 Subd proposed ballfield Lot 8A Ft Raymond 18.10 0.00 18.10 Elementary School 0.00 Subd Road Ri ht of was 1.20 0.00 1.20 Sea Lion&Hemlock 0.00 Total 40.00 4.55 29.12 6.33 The Masons Cemetery is the eastern most of the three privately owned one-acre parcels along Coolidge Drive. It is about 50% utilized and generally well maintained.The unused area is in grass. Owned by Seward Lodge No.219 Free and Accepted Masons,the site is partially fenced with old,light weight wire mesh that is crumpled in many areas. The entrance is highlighted by a metal archway. Mapping and records in this area have been maintained by the Masons.Although their membership numbers are declining,they have expressed a desire to continue ownership and maintenance of this cemetery. Cemetery Pisa June 3,19% 7 31 Free&AcCepted Masons No.219 Cemetery Q — C F — c G H lu E 4 v _ o 7L, - __ w — O N IN p - a ►\ � s ti _ �Op{.IDC�C VRIVC 8 p� hme 5,19% 32 F he America Legion Cemetery was created on November 6, 1933 when the City voted to provide American Legion Post#5 with a one-acre burial area within the cemetery reserve. The site was never surveyed nor was the property ever officially transferred by either deed or written agreement.The area of use has exceeded the original one acre. It is accessed via Aspen Lane off the Seward Highway next to the Chamber of Commerce. In 1984, a local surveyor proposed replat of the cemetery. The City Council unofficially consented to laying out a site for the Legion.The area was subsequently platted as Lot 3, Fort Raymond Subdivision. The Legion has done an excellent job of maintaining it as a veteran's memorial park in accordance with the set of written guidelines attached as Appendix B. There are a number cemetery ownership and management alternatives available to the community.These include: a) consolidating all cemeteries under a single ownership/management; b) maintain separate ownerships managed under one set of guidelines; c) continue separate ownership and management; d)contract city cemetery management to a private operator; or e) some combination of the above Current public sentiment favors the city and private organizations each continuing ownership and operations of their own cemeteries. Although minimal, there is some sentiment that city government should extricate itself entirely from cemetery operations. Other than grounds maintenance, there does not appear to be enough sustained activity within the city cemetery to provide incentive for involvement by the private sector. Recommendation: *Acquire the Oddfellows property to become part of the city cemetery. *To the extent possible reduce the city's involvement in cemetery operations through contract and volunteer services. *The Pioneers, America Legion and Masons will continue own and maintain their individual cemeteries. *Transfer Lot 3 Fort Raymond Subdivision to the American Legion for their continued operation of the veteran's section. Include reverter, use and road access clauses. (Appendix Q * Consider transferring Lot 2 Fort Raymond Subdivision to either the Pioneers as an expansion of their cemetery or to the Elks Lodge.Include reverter, use and road access clauses. cemetery Plan. June S,1996 9 33 RECORDS Accurate records are essential to effective cemetery management. In fact, the efficiency of the entire cemetery operation depends on how well records are maintained. Such records are used decades after their preparation and accrue significant genealogical value. There is no city code requirement to maintain burial records on community cemeteries The 1930 plat of the original city cemetery shows 931 burial plots with but 24 names listed. Another 11 are shown outside the platted area. During the 1960's,the local mortician kept a "scribbled"record on a large sheet of butcher paper which he left with the Seward Court when he retired."Alaska's Kenai Peninsula Death Records and Cemetery Inscriptions," published in 1983 by the Kenai Totem Tracers Genealogy Club is the most accurate documentation of burials within the city, but it has never been updated. This book lists names of people buried in Seward,but provides a map location for only those with grave markers. The Masons and Legion keep fairly good burial records,but there is no central place for public review. Testimony during the development of this plan showed agreement among cemetery owners that a permit should be required before any burial takes place within the city,and that City Hall is the logical place to issue burial permits and to maintain records. Recreating accurate burial location records will be very difficult since so few graves were ever marked. A number of methods can be used to locate and map existing grave sites. These range from interviewing family members, surveying and mapping identifiable graves, to the use of ground penetrating radar(GPR)and sensitive metal detectors. Recommendation: *Require a permit for all burials within all community cemeteries. *Centralize permitting and cemetery records in the office of the City Cleric *Have an as-built survey made of all the cemeteries to accurately map existing graves. *Identify as many existinggraves as possible thru interviews with surviving family members and other long time Seward residents. *Develop computer data base of all cemetery grave sites, burials,dates, locations,etc. Cemetery Plan June 3,1996 10 34 CEMETERY USES There are two cemetery use concepts. Single use caters to burials only, while the multiple use concept caters to burials with complimenting activities-such as walking paths, historic and cultural interpretation,natural areas,viewing areas,art sculptures etc. Traditionalists say the cemetery is a special place that should not be shared with other uses. Studies have indicated that active and passive public recreation activities such as walking trails,nature and historical interpretive stations,botanical gardens,bird watching, benches, and sculpture art within a cemetery help decrease vandalism. If you add the potential for both historical and recreational value in addition to use as a burial site, visitations will increase.Presumably this will generate greater community awareness and pride in this cultural resource. The Chamber of Commerce Office and Information Center location adjacent to the cemetery could be an asset in developing a park-like atmosphere. With regard to the undeveloped areas of the cemetery,if these wooded areas are left natural,they are potential hideaways for transient campers and partying youth. Based on past rates of use,longer life spans, more efficient use of remaining areas and increasing use of cremation,it appears this wooded area will remain vacant for at least 75 to 100 years. If opened and developed for recreation,it might be an attractive addition to the community park system. There is increasing pressure for development of additional ball fields within the community. A portion of both this wooded area and the adjacent city well and substation property will accommodate a single new ball field. Recommendation: *Recognize the cemetery as a designated open space park * Manage cemeteries to include other complimentary uses such as walking trails, benches, local heritage, and landscaping. *Recognize the historic aspects of the cemetery with an interpretive sign including a map of the different cemetery sections and grave patterns. *Utilize a portion of the vacant city cemetery for development of a community ball field. Cemetery Plan June 5,1"6 11 35 PLATTING Interment plots,the basic cemetery commodity,is always being depleted through burials but must be maintained in perpetuity. When there is no vacant developable land remaining within the community,not only will there be no expansion opportunities,the cemetery itself may be deemed the most valuable real estate in town. Thus, adequate platting and monumentation are critical not only for efficient use of the land, but for maintaining accurate records and to locate grave sites.Although all of the exterior boundary survey monuments are in place, none of the cemeteries have any burial site reference monuments. Without such survey monuments,it is impossible to accurately locate grave sites. There are many variables to consider in site layout and monumentation. Roads and walkways are needed to allow for convenience of funeral processions and grounds maintenance, but land given over to them reduces the amount of useable land. Well-laid out roads can guide other features such as lot surveys and landscaping. Site density is the number of burial sites per acre and can be estimated based on the number of existing graves, the age of the community, population (past and future) and death rates. Older municipal cemeteries range from 650-900 sites per acre, while more recently developed private cemeteries may vary from 1,100 to 3,600 sites per acre.The latter are accomplished by designing short narrow burial sites and double-depth burial chambers. Seward's unconsolidated alluvial material tends to slough easily as graves are dug.This will make it difficult to attain a very high density. A grave 5-6 feet deep will be 4 feet wide. Although 8 feet is sufficient to accommodate most caskets, sites 9-10'long are ample enough to provide room for undisturbed marker space.Equipment used will to some extent determine burial site widths. Recommendation: *Clearly define and permanently mark cemetery boundary lines and property corners. *Survey,plat and monument burial sites for visual and metal detector location. *Establish a specific area for interment of cremains. *In the old cemetery, use area between rows of graves to bury family members. *Retain shrubs and trees to provide a pleasing setting but minimize loss of burial sites. *Keep both interior single lane roads and walkways to an absolute minimum. Cemetery Plan June S,1996 12 36 HEADSTONES The traditional cemetery such as the city, Pioneers, Masons and Woodlawn is identified by the presence of various sizes and styles of headstones, monuments, crypts, mausoleums,statutes and fencing.They are appealing from the historical point of view,but their maintenance is more difficult because of the need for hand trimming around monuments,crosses and funeral home stakes. The memorial park such as the American Legion cemetery,is characterized by an open landscape with markers flush with the ground. It provides maintenance and aesthetic advantages. With the landscape free of above ground monuments a more open feeling is created Grass trimming requirements are reduced with equipment being able to mow over, or close to,the edges of the markers. Equipment using low pressure tires can travel over flush plaques without damaging them so burial site spacing can be optimized by not having to provide as much equipment access. Vandalism is reduced because there are no monuments to topple over or to hide behind. Focal points common to the memorial parks are small reflecting pools,fountains,memorial walls,walking paths and benches. These two styles obviously result in management conflict because many people view cemeteries as places worthy of preservation while others are most concerned about the cost of maintenance. Public input indicates a strong sentiment in support of the traditional style, that all graves should be marked and to allow the type of marker to be a personal family choice. Recommendation: *Require at least a minimum size marker be installed on all graves. *Encourage, but do not require,memorial plaques versus monument headstones. *During rehabilitation of the old.cemetery, remove miscellaneous unmarked mortuary stakes and crosses.Most have been removed and replaced for mowing in the past. There is no guarantee they coincide with a grave and they hamper maintenance efforts. * Consider erecting a single central monument listing all names from the unmarked graves. Cemetery Plan_ June S,1996 13 37 FUNDING Adequate cemetery maintenance necessitates a perpetual source of funding. A cemetery is a proprietary function not directly benefitting all citizens. They should not bear the cost through general tax levies.A properly designed user price structure would cover services rendered, perpetual care, future improvements, land acquisition, equipment purchases,contingencies and inflation. The capital investment in unreserved lots represents an idle investment for which the city derives no earnings until the lots are used. Actively promoting the reservation burial space can represent revenue potential. Another means of improving the financial condition of a cemetery is to reduce operational costs wherever possible. Recommendations. *Assign the city Finance Department responsibility for collecting burial fees, billing reservation listings,collection of other fees,and maintaining fund accounting. *Adopt user fees for opening and closinggraves,winter burial surcharge, etc. (Appendix *Establish a special revenue, enterprise,or liability account for cemetery operations. *Assess a one time perpetual care fee. *Establish a fee for grave site reservations. *Seek community and family member donations and/or endowments. *Invest funds and accrue interest. *Consider selling the unsubdivided south%i of the Woodlawn Cemetery. *Charge a headstone deposit, refundable if the marker is placed within a certain time. Otherwise, use the fund to place a minimum size marker. *Seek grants, i.e., historic preservation. * Promote memorials in the form of plaques, benches, walls, gates, trees, etc. with amounts sufficient to cover installation and maintenance costs. *Urge local organizations to raise funds through fund raisers of various kinds. C is a Plan June 5,19% 15 38 MAINTENANCE The condition and maintenance level of the cemeteries seems to vary with changing levels of volunteer efforts and funding. In general all areas have sunken grave sites,new graves with mounds, rocks and gravel, toppling monuments and brush and tree encroachment. There are many species of wildflowers growing throughout the cemetery areas. These are popular with Seward residents who complain loudly when the flowers are mowed before they have a chance to bloom. _ The city Parks and Recreation Department cares for the city cemetery.Brush along the west property line is beginning to take over the western most row of graves. The lower limbs of the mature spruce trees are drooping down to the ground over nearby graves.Both these situations hamper care of the cemetery. The Pioneer Cemetery is jointly maintained by members, Elk's Lodge volunteers. Previously there as been no boundary distinction between the Pioneer and city cemetery. This has lead to the city mowing this private cemetery. The Oddfellows is defunct organization with no presence in Alaska. City personnel mow their cemetery annually to keep the brush under control. There are a number of miscellaneous pipe posts along Coolidge Drive. They have no identified use and detract from the area. The Masons' area is for the most part cared for by volunteers. It is bordered by many large mature spruce trees. Interspersed brush along the Chamber of Commerce property and Coolidge Drive should be removed to encourage in fill by the additional spruce trees. There is an accumulation of old water pipes,chains and debris along the cemetery edges. Trees are growing through an old wire mesh fence along the west side coincident with the Oddfellows area.This is causing the death and deforming of many of these attractive trees. Since the site is open on three sides,the fence serves no practical purpose. The Seward American Legion cemetery is nicely maintained by members with the help of the First Sergeant's group from Anchorage. Brush encroachment is causing the graves rows to begin to shift out of a straight line.The site is nicely complimented with an archway entrance and flag memorial. Isolated graves,mostly from the old Jesse Lee Home,in the dense forested area north of the Oddfellows and west of the American Legion has received no attention. The mature trees have grown down over the graves making them difficult to visit. Although owned by the city,the historic Woodlawn Cemetery has never received any Cemetery Plan June S,19% 16 39 city care. For a number of years it has been cared for by a local family who has taken a personal interest in it.They have cleared brush,repaired and painted grave site fences and markers. The area is generally a natural wooded are of mature spruce. Recommendation: *Assign the city Parks and Recreation Department the responsibility of maintaining the city cemetery either by force account or contract. *Adopt an ordinance, rules and regulations to guide cemetery management(Appendix D and E). *All other cemeteries will be maintained by the owners or their contractors. *After the grave sites are mapped, remove unmarked metal mortuary stakes. *Level mounded rock and dirt piles. *Fill and level all sunken grave sites. *Open the area up through the removal of encroaching brush and large tree limbs. Winter operation: Although funeral homes prefer to bury year around in order that families can get on with their lives, there are aspects of winter burials that must be addressed.Do cemetery roads need to be kept open?If graves are pre dug in the fall,they would need to be covered for safety and crypted with plywood to prevent cave in. Otherwise they must be steamed or heated,preferably under some type of shelter, then dug by hand,jackhammer or backhoe. If dug in the winter excavted dirt must be removed to a heated space to prevent it from freezing. Recommendations: *To the extent possible, curtail winter operations. *Establish separate winter interment fees sufficient to cover extra costs. Landscaping adds to the attractiveness of the area,but if not carefully designed it can directly affect efficient day-to-day maintenance operations. Fencing can have a number of purposes - security, landscaping or delineating boundaries. Although there has been discussion about the need for fencing the cemetery during development of this plan, cemetery owners specifically stated they did not want fencing unless it were for landscaping Cemetery Plan June S,1996 17 40 only. Fencing for security would require it to be too high for aesthetics, and it would necessitate gates which would limit public access to the area. Recommendations: *Landscaping should recognize the historic aspects of the cemetery. *Keep brush cleared out of unused areas to discourage campers and vandals. *Do not allow brush,flower or tree planting on grave sites. *Do not fence the cemeteries except with trees, hedgerows or landscape fencing. Grave preparation has been done with no overall plan or supervision.Because there is always material displaced by the casket during burial, new grave sites have been left mounded. Graves that are not tamped as they are filled eventually collapse.Both situations increase maintenance costs. Recommendations: *Require tamping as the grave is filled to reduce depressions. *Require excess material to be hauled away for disposal or use for landscaping. *Require topsoil to be separated for use in final grass planting of the grave site- *Place excess dirt and rock on a tarp so it can be recovered. *Do not allow excess material to be spread on the adjacent lawn area. Liners are designed to prevent the collapse of graves and protect caskets and contents,and are generally made of steel,concrete,all weather wood or polystyrene.At a cost of $200- $600, they do significantly add to funeral cost. Preventing grave collapse reduces long term grounds maintenance costs. Recommendation: *Encourage, but do not require casket Iiners. National statistics indicate that unless required,grave markers,will be placed on no more than 50-69% of the sites in private cemeteries. In public cemeteries,that percentage Cemetery Plan June 5.1996 18 41 drops as low as 35-40%.Although markers are important to some family members and they provide visitor related historical value,they do increase burial costs. On the other hand,it is difficult to identify graves without them. Markers that are installed should meet design standards as to size and materials in order to ensure placement within established sites,to allow ease of maintenance,to resist vandalism and to be of a quality that will last through many years. Artificial flowers are a mowing maintenance problem. Many of them end up in the brush and trees as wind deposited litter. Recommendations: *Require grave markers on all burial sites. * Allow families to select and install markers of their choice, but encourage flush mounted markers. *Allow multiple family member burials and grave markers in one gravesite. *Allow markers across grave sites where two adjacent family members are interred. *Do not allow markers to stray onto adjacent sites. *Do not allow the use of wood or concrete markers. *Discourage the use of artificial flowers. Canday Plat. June 5,19% 19 42 PLAN IMPLEMENTATION Although many people,companies and organizations were contacted and provided ideas and opinions(Appendix G and I),specific actions by the City of Seward, individuals and organizations within the community are necessary to ensure the successful implementation of this plan. Only then will the community realize positive benefits. Adopting a Plan shows commitment and establishes policy. Recommendations: * Present the plan to the public in general, the P&Z and Historic Preservation Commissions, local churches and fraternal organizations,and south central Alaska funeral homes using the cemetery for review and recommendations. * Historic Preservation Commission adopt a Resolution recommending Council adoption of the plan *P&Z Commission adopt a Resolution recommending Council adoption of the plan. *City Council adopt a Resolution accepting this plan and incorporating it by reference as a part of the community's Comprehensive Plan. Use the Plan as a guide for the restoration and management of the community's cemetery resources Consistent with its original intent, the plan should remain flexible. While it is intended that all actions presented in this plan will be implemented, it is recognized that changing conditions in the future may necessitate modifications of planned actions or the introduction of additional actions to satisfy local needs. Recommendations: *Enact an ordinance implementing management rules and regulations. *Adopt cemetery fees,specific management and maintenance guidelines. *Inform south central Alaska funeral homes of adopted fees, rules, and management. *Use the Plan as a funding guide for grants,fees,donations, etc. Cemetery Plan June S,1996 20 43 BIBLIOGRAPHY Alaska State Statutes, Chapter 30. Cemetery Associations and Nonprofit Cemetery Corporations Alaska's Kenai Peninsula Death Records and Cemetery Inscriptions by Kenai Totem Tracers, 1983 Cemeteries as Community Assets,Zoning News,American Planning Association,May 1995 Cemeteries in the City Plan, Planning Advisory Service Information Report No 16, American Society of Planning Officials,July 1950 Cemeteries-Sample Ordinance,Book Publishing Company,Sample Ordinance Service Cemetery Management,The Official Magazine of the American Cemetery Association Cemetery Ordinances,Regulations and Fees: Anchorage AK,Fairbanks AK, Fort Collins CO,Homer AK,Kenai AK,Loveland CO,Petersburg AK,Wasilla AK Ernst,Peter,former owner of a private cemetery,personal conversations,1993 Improving Municipal Cemetery Management Management Information Service Report Vol. 15 No. 1,International City Management Association,January 1983 Managing Municipal Cemeteries,Colorado Municipal League,March 1975 Municipally Owned and Operated Cemeteries,Urban Data Service Report 3/78,Vol 10 No 3 International City Management Association, March 1978 Readers Share Thoughts about Cemeteries,Ann Landers Column Anchorage Daily News Monday,March 9, 1992 Report of the Survey and Inventory of the Historic Cemeteries in Douglas,Alaska,prepared by Community Development Department City and Borough of Juneau,with Willette Janes,Historic Researcher and Renee Hughes,Photographer,September 1995 The American Legion Cemetery(Rules) Seward Post 5,Seward,Alaska,March 1984 The Multiple Use of Cemeteries,Planning Advisory Service Report No 285,by Earl Finkler, Cemetery Plan June 3,1996 21 44 American Society of Planning Officials,November 1972 The Eugene Masonic Cemetery, Partnerships in Rural Cemetery Preservation, by Ken Guzowski and Richard Wilson, article from Cultural Resource Management Magazine,No.5 1995,USDI Park Service The Ultimate Open Space,article by Ruth Eckdish Knack, Planning Magazine,February 1990 Cemetery Plan June 5,1996 45 APPENDIX A. Historical Summary of Council Cemetery Actions B. Private Organization Cemetery Rules C. Draft Resolution and Deed to American Legion D Draft Ordinance E. Draft Regulations Resolution F. Draft Fees Resolution G. Mailing List H. Summary of public comments Cemetery Plan_ June S,1996 46 HISTORICAL SUMMARY OF CITY COUNCIL CEMETERY ACTIONS Jun 02,1913 -Chamberlain presented a communication to the Council from E.E. Rudolph offering to plat and maintain a Town Cemetery at the Rudolph Homestead near the head of the Bay,calling the same The Bay View Cemetery. He also quoted a list of prices for lots and the digging of graves and asked that said place be made the regular cemetery of the Town of Seward.After a short discussion,on motion of Chamberlain,second by Noon the offer was accepted and the petition to plat filed for record. Sep 16,1916 -A communication from J.H.Romig,M.D.Health Officer,regarding cemetery site was read, and he was called upon to give an opinion. After a short discussion it was moved by Graef,2nd.by Torrey,that the City purchase five(5) acres of land in the Johnson Homestead,the site to be surveyed by the City Engineer,and the price not to exceed$500. All Councilmen voted"aye" at the call of roll. Oct 02, 1916 -The cemetery question was discussed and Graef moved that the City reject the purchase of the cemetery site in the Johnson Homestead,and purchase the tracts offered by J.A. Stewart in the Ole Martin Homestead at a price of $100.00 per acre, the tract containing 6%2 acres,Chamberlain amended the motion,that the City Engineer prospect the Rudolph Cemetery site.Amendment was 2nd.by Sauers,and the vote on same resulted in all councilmen voting"no' except Chamberlain,who vote"aye."On the original motion all councilmen voted"aye," excepting Chamberlain who voted"no",so the tract of Mr. Stewart was ordered purchased. Oct 16, 1916 - The plat of the new cemetery site was submitted by the city engineer and Torrey,2nd.by Dougherty moved that same be adopted,and motion carried. After a short discussion regarding the prices of lots for sale and reservations in the cemetery, Sauers,2nd. By Dougherty moved that the price per lot be placed at$25.00 or$10.00 for 1/4 lot,and that lots 15,16,20,21 and 22 be reserved for fraternal organizations and that lots 1,2,11,12,13 and 14 be used as a Potter's Field, and that the clearing of.the cemetery be done under the supervision of the city engineer.The motion carried. The question of removing the bodies from their present burial places to the new cemetery was discussed. Mr. B.L. Anderson offered to remove all the city's dead in the proper way for$30.00 a body. Torrey, 2nd by Sauers moved that Mr. Anderson be allowed to contract for removing the city's dead for $30.00,and the motion carried. The clerk was instructed to publish notice regarding same and also the sale of lots as soon as the same was staked by the city engineer. Sep 12,1917-The Ordinance(No.65)providing for the care of the municipal Cemetery was read for is 2nd reading by Councilman Chamberlain,2nd.By Councilmen Crawford moved that said ordinance pass its 2nd. reading and at the call of the roll all Councilmen present Appendix Al 47 voted"aye" and was so ordered. Feb 02, 1920 - The matter of appointing a sexton for the Cemetery was by Councilman Horner moved that Mr. F.B. Wood be appointed sexton of Woodlawn Cemetery, for the balance of the term of the present Council, and that Mr. Wood install the proper books necessary, at his own expense, and see that all records were kept in accordance with his duties,and that he make collections of any moneys due the City from previous sale of lots, and retain the sum of$50.00 for his services.At the call of the roll all members present voted "aye." Motion carried. May 04,1925 - On the matter of a proper plot of the proposed Cemetery and School Site, to be forwarded with resolution the Committee on Civic Affairs turned over to the Mayor a plot of their possession which was handed to the City attorney for necessary action. Sep 27,1929 -Be it Resolved by the Common Council of the City of Seward,Alaska,That P.C. McMullens,as Mayor of the said City of Seward,Alaska be and he is hereby directed and authorized, in behalf of said municipality, to make application in the United States Land Office at Anchorage,Alaska,under the provisions of the Act of Congress approved September 30, 1890, and the Presidential Proclamation No. 4394, dated the White House, March 15,1926,to be used as a cemetery that certain tract of land containing forty acres,U.S. Survey No. 1759.......... Apr 21,1930 By a unanimous vote of the Council; the Mayor and Clerk were instructed to have prepared by the City Attorney,and issue to the Masons,the Odd Fellows,The Pioneers and the Jesse Lee Home good and sufficient deeds for one acre lots in the City Cemetery, free of charge. Apr 11,1931 City attorney L.V.Ray,presented Council,deeds duly executed,under previous authority, form the City of Seward to the three following Fraternal organizations to wit: F.&A. Masons, I.O.O. Oddfellows and Pioneers, for tracts in the Seward Cemetery site; Recommending that upon motion made and carried said deeds be delivered to the aforesaid organizations; A Motion was made to this effect by Councilman Swetmann, seconded by Hofman that deeds as prepared be delivered;calling the Roll on the Motion;All Councilmen present vote"aye. Nov 06, 1933 City Council Upon request of American Legion and under motion by Councilman Swetmann, Seconded by Stanton, a One Acre plot was turned over to the American Legion for burial purposes. This motion Unanimously carried. Dec 27,1941 -The City Council on the motion of Mr.Rouse and the second of Mr. Leonard, voted unanimously to grant to the U.S.Army about one acre of land for cemetery purposes, Appendix A2 48 out of the 40 acre tract patented in the name of the City of Seward, which contains the present City Cemetery.In return for this acre,it was requested that the Army clear the area back of the present City Cemetery , and the City Clerk was instructed to present the proposition to the Quartermaster agent,Lieutenant Brown. March 29, 19 77-Mott referred to letter dated March 22, 1977,received from the Order of Easter Star requesting Council assistance in cleaning up the cemetery.It was noted that Mott had been appointed as the Chairman of a Cemetery Committee, at a previous Council meeting. Mott stated some funds would be requested during budget hearings for upkeep of the cemetery. June 27,1977-a June 17,1977 letter from Jerry Brossow,Chairman of the Seward Cemetery Committee,and note received June 22,1977 from Mary Lechner,regarding organization and City monetary support and upkeep of the cemetery were noted. Florita Richardson appeared and spoke in support of the City taking an active part in maintenance and supervision of the cemetery. City Manager,with Council consent,recommended employing SPEEDY Program people to assist in the clean-up of the cemetery and the appropriation of $1,500 from the City Council contingency fund,to be designated as the"Cemetery Fund: and that such a fund would continue on an annual basis. July 11,1977- adopted Resolution 77-21 establishing a Cemetery Fund and appropriated $1,500 for fiscal year 1977-78. Nov 26,1979-Proposed Ordinance 480 Relating to the Creation of a Cemetery Board failed 5-2. No one appeared from the audience during public hearing. Potts stated the Council would have to immediately address the subject of budget for the operation of a board if the ordinance was enacted.He continued,stating he did not agree with the concept of advisory boards and felt there would be less of an administrative burden in the administration would handle the function without a commission.Acting City Manager stated Council would also have to consider whether the Clerk would be expected to take on the additional secretarial services of the commission's activities or,as with the Ad Hoc Committee,a member of the commission would be expected to prepare the agenda,minutes,etc. Cripps commented that a number of individuals had voiced interest in serving on such a commission; he questioned why the individuals could not become involved and assist the administration through the existing city government framework Jun 091980-City Council authorized City Manager to accept low bid from L. Dooley for$15 per hour/w$2,500 per month minimum for maintenance of the cemetery for period 6/10- 9/1/1980 Jun 22, 1981 City Council approved contract with L. Dooley fur summer maintenance of Appendix A3 49 City cemetery at$15/hour NTE$6,000. Mar 12,1984 Ray Burgess representing the American Legion appeared from the audience and asked Council to consider a formal cemetery plan whereby the parcels within the present cemetery owned by local organizations be defined by survey and additional land be dedicated by the city to enlarge these parcels for anticipated future space requirements. He also stated that there is an area within the present cemetery which appears to contain at least 12 graves from the old Jesse Lee Orphanage.Burgess,using reference lines drawn on a plat map of the cemetery area pointed out several encroachments by graves,roads, trailers,fences and rights of way which were creating an uncertain situation for determining the exact boundaries of the cemetery. Garzini stated that the bounds did need to be determined but felt that dedication of land to groups for use by its members only should be stopped and that the remaining land be kept available for all of the public. Burgess suggested the City grid out the area and require a no-cost permit for a burial plot to facilitate accurate record keeping to avoid the haphazard grave placement and uncertain grave occupancy now in evidence.Council authorized Burgess,through public service,to perform a plat survey of the cemetery area,to include the designation of the boundaries,as proposed by Burgess,for the American Legion and Elks,/Pioneers. Jun 06,1986 Cemetery Reserve USS 1759 replatted and recorded as part of the Fort Raymond Subdivision with Lots 1,2 and 3 containing the cemetery and remaining reserve. Jan 14,1991 Staff request for authorization to set public hearing for proposed acquisition of the Oddfellows Cemetery was approved(note:public hearing was never conducted) Jun 08,1992 Staff status report on the cemetery plan project was noted for information. Spring 1995 Awarded$12,000 legislative grant for cemetery work C:\WPWW60\WPDOCS\PLANS\CEMETERY\MSTORY.SUM Appendix A4 50 THE AMERTCAN LEGION CEMETERY MARCH 1984 SEWARD POST N0. 5 SEWARD, ALASKA THE FOLLOWING RULES WILL APPLY TO THE USE OF PROPERTY SITUATED APPROXIMATELY MILE ONE AND HALF (111) ON THE SEWARD HIGHWAY, WHICH HAS BEEN FOR MANY YEARS, AND SHALL HEREAFTER BE KNOWN AS THE AMERICAN LEGION CEMENTRY, AND TO SUCH OTHER PROPERTIES WHICH SEWARD POST NUMBER FIVE, THE AMERICAN LEGION, MAY ACQUIRE IN THE FUTURE FOR BURIAL GROUNDS. At the time of death of a person eligible for burial in The American Legion cemetery at Seward, Alaska, the mortician or person responsible for funeral arrangements should request interment directly to the Service Office or Chaplin, who shall hereafter be known as the sexton of Seward Pest No. 5, The American Legion, furnishing all necessary information as listed below: Any member of the Armed Forces of the United States or any Honorable Discharged Veteran of the United States, or any citizen of the United States who, during any war in which the United States has been or may hereafter be engaged, served in the armed forces of any government' allied with the United States during such war, and whose last service terminated honorably by death or otherwise. A. Members of a reserve component of the Armed Forces, members of the Army National Guard, the Air National Guard and members of the Reserve Officers' Training Corps of the Army, Navy or Air Force, are eligible for interment in The American Legion cemetery at Seward, Alaska, if death occurs while serving in active duty for training or performing full-time service. B. Members of these organizations whose death occur while hospitalized or undergoing treatment, at the expense of the United States, for injury or disease contracted or incurred under honorable conditions, while on duty or service or performing travel to or 'from that duty or service may also be eligible. C. Commissioned Officers, United States Coast. and Geodetic Survey, who died during or subsequent to service are eligible for burial in The American Legion cemetery regardless of time of death, if assigned to areas of immediate military hazard described in the Act of December 3, 1942, or served in the Philippine Islands on December 7, 1941, or actually transferred to the Department of the Army or Navy under the provisions of the Act of May 22, 1917, and whose last service was honorably terminated. D. Public Health Officers who were detailed for duty with the Army or Navy during World War I or who served anytime during the period of December 8, '1941 through July 3, 1952, and whose services terminated honorably are entitled to burial in The American Legion cemetery at Seward, Alaska, regardless of when death occured. 51 Appendix B1 2 The spouse, widow, widower, or paid up auxiliary member and spouse of an eligible service or auxiliary member may be buried in the grave adjoining that of the veteran. . . .Widows, widowers or paid up auxiliary members of members of the Armed Forces of the United States lost or buried at sea or officially determined to be permanently absent in a' status -of'missing-or'missing in'actlon may be buried in The American Legion cemetery at Seward, Alaska. Should the service member die before his or her wife or husband, or paid up auxiliary member, her husband, an adjoining grave site may be reserved upon a written request at the time of burial. . . .Such reservations are subject to review every two years and eligibility would cease upon remarriage unless she, the widow, is a paid up auxiliary member. . . .Failure to make reservation at the time of initial burial would not preclude burial in the same cemetery with the service member provided the widow or widower has not remarried. . . .The American Legion will not pay for the removal of a casket from one grave to the other. A. Minor children of an eligible service member or paid up auxiliary member may be buried in The American Legion cemetery at Seward, Alaska. B. Burial of an adult child (over 19 years of age) is not authorized unless he or she were unmarried and physically or mentally disable and incapable of self-support and consequently dependent for support upon the parents or others if both parents are deceased. C. Requests for such interments should be submitted to the service officer, or sexton, of Seward Post No. 5, The American Legion, with proper papers of the deceased veteran or auxiliary member. THE FOLLOWING PERSONS ARE INELIGIBLE FOR INTERMENT IN THE AMERICAN LEGION CEMETERY AT SEWARD, ALASKA: A. FATHERS: MOTHERS: AND INLAWS: EXCEPT A PAID UP AUXILIARY MEMBER AND SPOUSE UNLESS HE COMES UNDER THE ARTICLES BELOW. B. PERSONS IN RECEIPT OF A DISCHARGE OTHER THAN HONORABLE. C. PERSONS DISCHARGED FROM THE DRAFT BOARD. D. PERSONS CONVICTED OF A CRIME: A PERSON OTHERWISE ELIGIBLE FOR BURIAL IN THE AMERICAN LEGION CEMETERY WHO IS CONVICTED OF A CRIME WHICH RESULTS IN LOSS OF UNITED STATES CITIZENSHIP, OR WHO IS CONVICTED IN A FEDERAL, STATE OR UNITED STATES MILITARY COURT OF A CRIME FOR WHICH THE MAXIMUM SENTENCE IS DEATH OR 15 YEARS OR MORE IN INELIGIBLE FOR BURIAL IN THE AMERICAN LEGION CEMETERY; however, any person subsequent to such a conviction who has served in the Armed Forces of the United States and whose last period of service is terminated honorable, may be eligible for burial in the American Legion cemetery at Seward, Alaska. Appendix B2 52 3 The service officer or sexton of the cemetery shall have the final say as to the qualifications of the deceased', and in his absence this authority shall pass to the commander and on down the normal chain of con--nand in Seward Post No. 5, The American Legion, at Seward, Alaska. In the event the service officer or sexton does not personally know the qualifications of the deceased it will be his duty to require the next of kin or persons acting in their stead to show proof of the deceased being a veteran by the following means;--- service- discharge; American Legion membership card; certification by Veterans Administration papers; or proof being sworn to by at least three (3) members of Seward Post No. 5, in good sanding; Auxiliary members by their paid to date membership card. THERE SHALL BE NO ?EJECTION OF ANYONE QUALIFIED UNDER THE ABOVE RULES BECAUSE OF RACE, RELIGION OR POLITICAL AFFILIATIONS. THERE SHALL BE NOTHING EXTENDING ABOVE GROUND LEVEL EXCEPT GRASS, THIS INCLUDES THE HEADSTONE WHICH WILL BE AMERICAN WHITE MARBLE, LIGHT GRAY GRANITE OR BRONZE WHICH WILL BE FLAT NOT LARGER THAN TWELVE (12) INCHES WIDE AND TWENTY-FOUR (24) INCHES LONG. HOWEVER, FLOWERS WILL BE PERMITTED AT FUNERALS, AND LEGAL HOLIDAYS FOR A PERIOD OF TIME NOT TO EXCEED 48 HOURS- NO EXCEPTIONS. . . .THE POST OR AUXILIARY THAT BURYS A MEMBER OR VETERAN WILL FURNISH A BRONZE GRAVE MARKER WITH FLAG HOLDER ON BACK OF MARKER, SUCH AS #73000 NATIONAL EMBLEM CATALOG, FOR VETERANS, OR #33000 EMBLEM CATALOG FOR AUXILIARY MEMBERS. ATTEST RESPECTFULLY SUBMITTED BY JUDGE ADVOCATE RAY TYREE II - CHAPLIN ADOPTED BY SEWARD POST #5 THE AMERICAN LEGION. - MARCH 1984 Appendix B3 53 Sponsored by: Garzini CITY OF SEWARD,ALASKA RESOLUTION NO.96-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,APPROVING THE TRANSFER OF LOT 3,FORT RAYMOND SUBDIVISION TO SEWARD POST#5,THE AMERICAN LEGION FOR_CEMETERY PURPOSES WHEREAS, at the request of The American Legion Post ember 6,1933 City Council unanimously voted to turn a one-acre pa of the �ereserve overQ: the American Legion for burial purposes; and, WHEREAS,neither a deed nor any written eme : ver transp zl: alize the City Council action; and WHEREAS, as an outgrowth of publicer } e Seward Community Cemeteries Management Action Plan' recommends ghat T � Raymond Subdivision be transferred to American Legion Post#5 to be:owned and € :-_as a cemetery; and WHEREAS, the city has granted.}: Arm�t!<�Corps of Engineers to accommodate the trespass location of: tr Forcr:; anp trailer units within a portion of Lot 3,Fort Raymond Subdision. WHEREAS,the Americaron had{demonstrated its dedication to maintaining the veterans cemetery area for ov-d-ir-1-0 y5w and, .h NO ;�THEREFO, IT RE ''1'THE CITY COUNCIL OF THE CITY OF SEW <::.._ LAS it:,: :': x . : 'tclat<``eery:::attached and incorporated Sectiiaitti ' qui }}}.}}.::t.:„ in orporated herewith by reference for the transfer oort Kir >Subdivision to The American Legion Post #5, is €ranager<� uthorized to execute same. approved ar�c�� Sc,W lion 2. All cr [onf the Seward City Code with regard to the disposal of said publilands have beer _> Section 3. Th1 solution shall take effect on the later date- 10 days after adopton gpgp terminatiot of Lease 023 with the Corps of Engineers for a portion of Lot 3 Fort �p'pd Subomp n. < D AND APPROVED b the City Council of the city of Seward Alaska this Y h' h' , _clay`off' 11996. Appendix C 1 54 OUIT CLAIM DEEL The Grantor,CITY OF SEWARD,a home rule municipality organized and existing under the laws of the State of Alaska,of Seward,Alaska,for and in consideration of the sum of TEN DOLLARS ($10.00) lawful money of the United States of America,and other good and valuable considerations in hand paid, convey and quitclaim to SEWARD POST #5, THE AMERICAN LEGION, a Alaska non-profit corporation, of P.O. Box 306, Seward, Alaska 99664,all the right,title and interest of the Grantor in and to the following described real property subject to the conditions set forth herein: Lot 3, Fort Raymond Subdivision,according tq'F." lat as Plat No. 86-10 on June 28, 1986, in the Seward Rerdin Di tt dicial .3)v.._.y :;Y,}.;ti` }:.{•`vtivii vi�i:?:ifi�:::yii}. .00 District,State of Alaska. :' This quitclaim deed is subject to the followin � bons and conditions: .................... :... 1.Public access shall be allowed across-, d n a westerly extension of the Aspen Lane right of way,to Lot•:1,Fort R o Subdivision. 2. The use of said lot shall {purposWA 'only. x,`':j,�fty �;.'�;.•' �'�:tns'j??:;{�±:{'•�jt=?•4vyjj• 3.Ownership of said lot: arevertho th iteward in the event Grantee as an organization bores danct. The disposal of this property .Aut Ci _ Seward Resolutions 96-_ :K:?} {.v{i{4{: �:tit?i??i}{•>.;?{vititi?: i:`.•:.__�:•, vti'';fS•�".;:.:'`�';�� C'£•':i\\it?,}Y;i:"•��•i::i::ii::i" DATED:alrard,Al € day..': 1996. GRANTEE {±;:$`{SfiyJ•{:tir•}:?c?tKp}. :?::r.}•::'y: }?2i:n. CITY:: .ALAS' AMERICAN LEGION POST #5 :.. BY: Ronald.A Garzini BY: ITS: City lk:( nager ITS: Linda S.Murphy,CMGAAE City Clerk (City Seal) 55 STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1996 before me,the undersigned,a Notary Public in and for the State of Alaska,personally appeared _known to me and to me known to be the individual named in and who execut };:the foregoing document,and he acknowledged to me that he signed and sealed the. t�rne as his free and voluntary act for the uses and purposes therein set forth. ?' WITNESS my hand and notarial seal the day, `• year first. Love writtexx- n ' ♦ Notary Public inAlaska '<:< > >" My Commission STATE OF ALASKA THIRD JUDICIAL DISTRICT «>::<. :>..>` THIS IS TO CERTIFY that on th day of , 1996 before me,the undersigned,a Notary Public in and Ilie Statef Alask personally appeared _known to me and to me known ale the in'W d,•,•m fined in and who executed the foregoing docume ,and he act3edged toe :::: e signed and sealed the same as his free ??:..:.;:{. and volunta :?<A � #he uses! ' 'fjIM W. oses tle `"set forth. "SMWI'I'1#E hand arl . seal the da and year first hereinabove written. Y Y »{ � ...... :' Notary Public in and for Alaska My Commission Expires: Returnf Mein, n{Legion Post #5. ' 3 Box 306 Seward,AK 99664 56 SEWARD CEMETERY PLAN PUBLIC CONTACT LIST CITY PERSONNEL: Sacred Heart Catholic Church P.O.Box 207 Floyd Ainsworth Seward,AK 99664 Public Works Director 224-3975 Karin Sturdy, Church of Jesus Christ of Latter Day Saints Parks&Recreation Director Kevin Heck,Branch President . HCR 64,Box 3527 Mark Stauble Seward,AK 99664 Parks&Recreation Maintenance Supervisor 224-3527 Linda Murphy Church of the Nazarene City Clerk P.O.Box 616 Seward, AK 99664 CHURCHES: Resurrection Bay Baptist Church Assembly of God Church Kelly Cieneresld Terry Doane,Pastor P.O.Box 2706. P.O.Box 556 Seward,AK 99664 Seward,AK 99664 224-7777 224-5635 Resurrection Lutheran Church United Methodist Church P.O.Box 35 Duane Chase,Pastor Seward,AK 99664 P.O.Box 5 224-5670 Seward,AK 99664 Seward Chapel 224-5624 Daniel Campbell,Pastor Resurrection Christian Church P.O.Box 290 Charles Fultz,Pastor Seward,AK 99664 P.O.Box 521 224-8985 Seward,AK 99664 United Pentecostal Church Church of Christ Derrald Hilderbrand,Pastor Brad Holm,Speaker P.O.Box 3124 P.O.Box 1215 Seward,AK 99664 Seward,AK 99664 224-5468 St.Peter's Episcopal Church Ron Heister,Vicar P.O.Box 676 Seward,AK 99664 224-3975 Appendix G 1 57 ORGANIZATIONS: Seward Court - Jean Lewis Jay Cole P.O.Box 1929 American Legion Post#5 Seward,Alaska 99664 P.O.Box 306 Seward,AK 99664 Otto Baumgardner - P.O.Box 206 Pioneers of Alaska Igloo#9 Seward,Ak 99664 P.O.Box 571 has managed cemeteries Seward,AK 99664 INTERESTED INDIVIDUALS: Seward Masonic Lodge#219 Gary Ackerson,Secretary Marie Gage P.O.Box 425 P.O.Box 994 Seward,AK 99664 Seward,AK 99664 224-5741 224-3659(Woodlawn Cemetery) Seward Elks Lodge#1773 Billy Johnson P.O.Box 426 2519 164 th Place S.E. Seward,AK 99664 Bothell,WA 98012 224-3158 (Jesse Lee Cemetery) Rebekah Patricia Williams C/O Winnie Leirer P.O.Box 395 P.O.Box 524 Seward,AK 99664 Seward,AK 99664 224-3093 Mike Murray,Grandmaster 37S Peter Ernst Oddfellows HCR 64,Box 505 Camano Ridge Road Seward,AK 99664 Camano Island,Washington 98292-2530 288-3164 Order of the Eastern Star Don&Maxine Lynch C/O Mary Lochner HCR 64 Box 346 P.O.Box 804 Seward;AK 99664 Seward,AK.99664 224-5524 Geneological Society Herman&Winnie Leirer c/o Cindy Capra P.O.Box 524 P.O.Box 1574 Seward,AK 99664 Seward,AK 99664 224-5965 Resurrection Bay Historical Society Willard&Beverly Dunham P.O.Box 55 P.O.Box 27 Seward,Alaska 99664 Seward,AK 99664 224-5623 Appendix G 2 58 Gilbert 011estad& Carolyn Toloff Beaver Loop Funeral Home&Crematory P.O.Box 995 2880 Beaver Loop Seward,AK 99664 Kenai,AK 99611 224-3535 Evergreen Memorial Chapels Larry Kincheloe,Superintendent 737 E Street P.O.Box 100537 Spring Creek Correctional Center Anchorage,AK 99510 P.O.Box 2109 279-5477 Seward,AK 99664 Spenard Heights Mortuary Mike Mooter Dale Rosenberg P.O.Box 1041 3804 Spenard Road Seward,AK 99664 Anchorage,Alaska 99! 279-3741 Karen Swartz P.O.Box 172 Forest Lawn Mortuary&Crematory Seward,AK 99664 P.O.Box 111127 Anchorage,AK 99511-1127 Seward Phoenix Log 344-1497;FAX: 349-2947 P.O.Box 89 (same as Kehl's Forest Lawn Mortuary & Seward,AK 99664 Crematory) John P.Bagoy Peninsula Memorial Chapel&Crematory 611 W. 1 lth Ave.Apt'B' Timothy Wisniewski,Funeral Director Anchorage,AK 99501 5839 Kenai Spur Highway (wrote Anch Cemetery Rules) 272-9364 Kenai,AK 99611 283-3333 MORTUARIES AND FUNERAL Seward&Kenai Funeral Homes HOMES: Philip Bruce,Funeral Director P.O.Box 3117 Alaska Foundry Monument&Plaque Kenai,AK 99611 P.O.Box 794 224-3236 Palmer,AK 99645 Witzleben Fammily Funeral Home 745-8603 Fred Witzleben,Funeral Director Alaska Memorial Services,Inc. P.O.Box 140975 P.O.Box 140975 Anchorage,AK 99514-0975 1707 S.Bragaw 274-7576 or 277-1682 Anchorage,AK 99514-0975 home at: 1023 E. 6th Avenue 274-7576 or 277-1682 also at: 1023 E. 6th Avenue Angelus Memorial Park,Inc. 440 E.Klatt Road Anchorage,AK 99515 344-1311 C:\WPWIR60\WPDOCS\PLANS\CEWTERYu MUJNG.LST Appendix G 3 59 Draft Cemetery Plan Summary of Public Comments 3/1/96 comment and corrections by Mark Stauble (Parks&Rec Dept) 3/6/96 comments and corrections by Shannon Skibeness (P&Z Commissioner) 3/6/96 P&Z comments by Shannon Skibeness (P&Z Commissioner) - every effort be made to contact next of kin before sites revert back to city for none payment of reservation system 3/6/96 P&Z comments by Ann Castelinna (P&Z Commissioner) - traditional vs multiple use will be a "red flag". Most people don't associate cemeteries with recreation recognize historic aspects of the cemetery with an interpretive sign and map showing organizations and grave layout. - be sensitive to those who have an attachment to the cemetery 3/6/96 P&Z comments by Stu Clark(P&Z Commissioner) - Do we have any costs to determine the income needs -seek opportunity for private operation of cemetery to keep public sector out of it. 3/11/96 Letter from Don Cripps-Seward -supportive of the plan. -encourages organizing a community wide volunteer cleanup effort. 3/1Z/96 Letter from Thomas Adams,Park Superintendent,Angelus Memorial Pk-Anch -no specific comment. Offered assistance. 3/1Z/96 Letter from Superintendent Larry Kincheloe,Spring Creek Correctional Facility -no specific comment. Offered help. 3/18/96 Phone call from John Bagoy-Anchorage. -wrote Anchorage cemetery plan,rules and regulations. -wife's relatives are buried in the Seward Oddfellows cemetery. -don't fill depressions before all the names are researched and cross referenced. -get volunteers to research obituary notices and vital statistics records. -contract out as many services as possible,keep city involvement to a minimum -will inter gov't transfer from enterprise account limit maintenance funds -thought the fees were okay. -suggests a one time reservation fee . ; Appendix Hl 60 -check on ownership every five years to maintain the reservation -doesn't like multiple use concept to go too far. Picnic trash, bicycles damage. -okay with walking paths,meditation benches,and the like. -recommends burial plots to be five feet on center and 10 feet head to head. -use row markers to keep headstones in alignment. -arees with keeping roadways to a minimum,but don't skimp on the parking. -originally required memorial plaques, changed his mind.Most want headstones. -keep in very straight row,no more maintenance than memorial plaques. Jewish and Catholic faiths are particularly strong on headstones. -you make more money setting monuments than memorial plaques. -marble or concrete will fall apart,lettering weathers quickly. -allow only granite or bronze set in concrete. -making liners optional is good,add too much expense to be mandatory. most depressions are caused by ground settling rather than collapsed coffins/caskets. -require backfill to be tamped as it is filled. -require markers within one year of interment. -collect $100 deposit at time of burial. If they place a marker,refund the deposit.If they do not place a marker,the$100 should be enough to pay for and install a minimum sized memorial plaque.An 8 3/4"x 5/3/4"x 3/8"bronze plaque in concrete would be about $60. The mortician can collect and remit deposit to the city. -in all cases we will have to weigh TRADITION against UTILITY. 3/19/96 Telephone message from Marie Gage-Seward -Woodlawn cemetery wish list,reset Mary Lowell headstone-it is toppling over. -headstones for two Lowell sisters-Alice&Eva are missing.Replace them. 3/20/96 Fax from Helen Hoffman,AAA Alaska Monument Company-Palmer -builds and sculpts granite monuments -offers plan to take a portion of each headstone or plaque purchased to place a portion of it in an account to buy benches,sculptures,fountains. -noted that granite is the most enduring of materials. 3/21/96 Letter from Lee Poleski,Resurrection Bay Historical Society -objects to restrictions on the type of grave markers to be allowed -objects to removal of unmarked stakes and crosses. 3/21/96 Letter&telephone call from Jay Cole,Seward Post#5 American Legion -unspecified concerns about plan.Will address them at April 3rd public hearing -would Legion have to charge proposed fees? 3/22/96 Draft Plan Corrections and Comments By Cindy Capra,Genealogical Society Appendix H2 61 -opposed to removing old stones and crosses,etc. -would like people to have a choice of flat stone or monuments -students could be hired in summer to do upkeep work -would not like to see any of the remaining cemetery reserve used for a ball field -do not allow multiple use concept to interfere with or limit burial site expansion -want to know about planters for fresh flowers -would family permission be required to remove unmarked stakes&crosses? -was unclear as to what was meant by multiple burials in one space 3/2Z/96 Conversation with Joanne Hoogland- remembers headstones in ballfield vicinity in the'40's,may ahve been there before the earthquake. 3/25/96 Letter from Charles Fultz -feels it would not be wise for the city to get involved in managing the cemeteries -create a committee to oversee the cemetery -give city a percent of the fees to collect fees,issue permits and keep records 3/26/96 Phone Call from Gary Ackerson representing the Mason's -city does not maintain it—Mason's take care of it. -would prefer to continue ownership and maintenance -would give the city their records -no objection to having a burial permits for all cemeteries. -Mason's planning to do a clean up this summer. 4/1/96 Letter from Beverly Dunham -opposed to the plan as a whole -wants to see the cemetery fenced to prevent vandalism -get former Seward mortician John Walsh to help identify graves 4/3/96 Public Hearing testimony-Karen Swartz -wants cemetery fenced -wants mapping of graves -has heartburn with fees,they should be much lower -let the daisies grow,we don't need a manicured area -how about a community clean up day? 4/3/96 Public Hearing testimony-Lee Poleski(former cemetery grounds keeper) -the plan is a start,lets get going with it -against requiring memorial markers -if no marker on the current graves,should put an"unknown' marker . ; Appendix H3 62 4/3/96 Public Hearing testimony-Caye Mason (Pioneers Igloo Auxiliary) -against restrictions on grave markers put off decision until Pioneers meet to discuss their feelings as a group 4/3/96 Public Hearing testimony-Tom Walker(Pioneers Igloo) postponed decision until Pioneers meet to vote on the issues 4/3/96 Public Hearing testimony-Herman Leirer -was clearing cemetery in 1927,John Nash fast to be buried -look out for brass,it will be stolen for recycling 4/3/96 Public Hearing testimony-Bob Valdatta(American Legion) -Legion wants title to its section of the cemetery -flag poles are replica of those at Arlington -Legion working to become a national veteran cemetery 4/3/96 Public Hearing testimony-Chuck Kargess (Pioneer's) -why hasn't the city come to their meetings? why was cemetery land given over to other uses? 4/3/96 Public Hearing testimony-Willard Dunham -good to see we are still working on the project John Walsh (mortician)is still alive,get his help to ID unmarked graves -mortician stakes supposed to be engraved so as not to lose Identity -need to put up fence and gates -leave flowers alone-don't mow -nothing wrong with silk flowers -wants to allow reservations -don't sell any portion of Woodlawn Cemetery -cemetery is important in a tourist town,offers piece of history -hire a student to research graves 4/3/96 Public Hearing testimony-Elaine Kincheloe (P&Z Commissioner) -fee structure is too steep for Seward -concerned about getting goups together to get some standardization -against including bike paths or skateboards 4/3/96 Public Hearing testimony-Stu Clark(P&Z Commissioner) -burial is an outgrowth of regligios beliefs -get the city out of the cemetery business C:\WPwIN60\WPDOCS\PLANS\CEMETERY\COMMENTS.WPD Appendix H4 63 4/3/96 Public Hearing testimony-Blaine Bardarson(P&Z Commissioner) -sent letters to relatives to have family grave sites upgraded -put up a memorial or monument listing the names of all those known to be burined in the cemetery without indivdual headstones 4/11/96 Pioneers Meeting -city staff presented the plan and answered questions -Pioneers next meeting May 2nd where they will address all the issues -want to keep possession of their lot 4/16/96 Phone Call from Otto Baumgardner -offered help,he managed a cemetery in Neport WA 4/17/96 Called American Legion-they will get back to me on a meeting date with them just on the cemetery.Their regular membership meeting is May 8th. 5/3/96 Letter from Pioneers of Alaska Igloo#9 Seward -no fencing on Pioneer section -do not want to maintain themselves,contract with city or private party -mow the majority of the cemeteries,leaving spots for wildflowers -city should issue burial permits and keep records for all cemeteries -require permanent grave markers -allow families to choose type of markers based on a minimum standard -require a deposit to cover cost of installing a permanent marker c:\WPVaN§U�wrnocsTLg4%Ce-* MY\Co s rvrn Appendix H5 64