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Heritage Preservation - 08/17/2009 APPROVED MINUTES EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION MONDAY,AUGUST 17, 2009 7:00 P.M. Prairie Rooms A & B 8080 Mitchell Road COMMISSION MEMBERS Ann Higgins, Chairperson; Kathy Veurink, Vice Chairperson, Betsy Adams, Richard Akerlund, Nina Mackay, Mark McPherson,Ed Muehlberg COMMISSION STAFF John Gertz, Pathfinder CRM, LLC; Scott Kipp, Senior Planner; Sandy Eastling, Recorder CITY STAFF Scott Neal, City Manager I. ROLL CALL Higgins called the meeting to order at 7:02 p.m. Commissioners Mackay and Veurink were excused. II. APPROVAL OF AGENDA Higgins added a new Item IV.A. regarding the August 12, 2009 plane crash at the Cummins-Grill Homestead, and changed existing Item IV.A. as Item IV.B regarding the 2009 Preservation Conference Update. MOTION: Adams moved, seconded by Akerlund, to approve the agenda as amended. Motion carried 5-0. III. APPROVAL OF MINUTES —JULY 20, 2009 Adams corrected the acronym"DPHS" on page four under Item VL13.3 Dorenkemper House to "EPHS", and title word of"Smith-Moore" to "Smith-More" on page four under Item VL13.5 MOTION: Adams moved, seconded by Akerlund, to approve the minutes of the Heritage Preservation Commission held on July 20, 2009 as amended. Motion carried 5-0. IV. REPORTS OF COMMISSION AND STAFF A. CUMMINS-GRILL HOMESTEAD—AIRPLANE CRASH SITE UPDATE Neal provided a pictorial update of the crash site at the Cummins-Grill Homestead. At approximately 11:30 am on Wednesday, August 12, 2009 a twin- HERITAGE PRESERVATION COMMISSION MINUTES August 17, 2009 Page 2 engine aircraft crashed next to the Cummins-Grill house. The plane had full tanks of aviation fuel. The site is currently open. However, the Minnesota Pollution Control Agency has not yet cleared the site. The area where the plane crashed had to be excavated about six feet deep, with tree roots and dirt removed. The debris is currently stored in two dumpsters onsite pending clearance for disposal. Test results of the extent of soil contamination should be ready by August 21, 2009. The test results will determine how the dirt will be disposed. A tree near the crash site was significantly damaged, and will need to be removed. Some of its root system was damaged when the crash site was excavated. Damage to the home itself consists of damage to one porch support structure which will have to be replaced, scrollwork from the porch area, significant paint blistering on the porch area, and a hole in the exterior brick of the home near the porch. Neal indicated there is no interior damage to the home. Gertz said the porch support was standard millwork and shouldn't be difficult to replace; repainting the blistered areas should not be difficult, and there is probably replacement brick for the damaged wall onsite. Neal stated a claim has been made with the City's insurance carrier through the League of Minnesota Cities. His hope is that the City's insurance carrier will subrogate against the plane's insurance carrier for damage to the site. Paul Sticha, Kevin Schmieg and John Gertz will be going to the site to make plans for building repair. B. 2009 PRESERVATION CONFERENCE UPDATE Kipp reported the City will pay for one commissioner to attend the conference. However, the State has a scholarship program whereby the City pays the attendee's registration fee and is reimbursed upon application for funds from the State. Adams and McPherson would like to attend the conference. Kipp will double check with Mandy Skypala at the Minnesota State Historic Preservation Office (SHPO) to verify that grant funds are still available. V. OLD BUSINESS A. PRESERVATION ORDINANCE DRAFT Gertz said the Ordinance is still in draft form, and includes all changes suggested by the Heritage Preservation Commission (HPC) and Robert Vogel. As a Certified Local Government, the City is required to maintain a Preservation Ordinance. After HPC review, the draft goes to the City Attorney and SHPO for review and comment. The turnaround time at SHPO will be about two weeks. HERITAGE PRESERVATION COMMISSION MINUTES August 17, 2009 Page 3 The goal is to submit the Ordinance to the Planning Commission for the September 141h meeting. Muehlberg questioned why the September 141h deadline, as that poses a tight timeframe. Kipp indicated it is due to the Planning Commission's pre-scheduling of a number of projects. He said if more time is needed he can certainly accommodate it. Subd. 2. Definitions. Kipp questioned reference to "Heritage Preservation Commission" vs. "the Commission" stating the need for clarification and consistent reference throughout the ordinance. This will be referred to City Attorney Ric Rosow for a recommendation. Subd. 3. Designation of Heritage Preservation Sites. Item B Gertz stated Subd. 3. Item B —Criteria for Eligibility is taken verbatim from the Secretary of Interior's standard. The Commissioners questioned how the Ordinance would be impacted if the standards changed. Gertz said the standards don't change, so that won't be an issue. Subd. 3. Designation of Heritage Preservation Sites. Item E—Questions about hearing notice to property owners and within how many feet, 350 vs. 500 feet, of the boundary area to be designated as a Heritage Preservation Site. This same question applies to Subd. 7. Item E. This would be a question for City Attorney Ric Rosow. Subd. 3. Designation of Heritage Preservation Sites. Item E—Conducting Public Hearings. Gertz suggested the HPC consider designating the City Council as the conductor of public hearings because they are best equipped to handle the hearing process. The HPC makes recommendations regarding designations and refers to the Planning Commission. The HPC prefers the City Council be the conductor of hearings. The HPC will still review permits and make recommendations. Subd. 7. Alterations - Item F. —Limitations. Gertz stated this section was changed to align with other parts of the City Code. If a Certificate of Appropriateness is submitted and the City Planner finds it's a minor repair with no adverse effect, approval can be given without HPC approval. This is to provide efficiency to the applicant by not requiring a 60-day wait for a minor repair. The same process will apply to Subd. 8. Item C. Subd. 8. —Minor Repairs, Alterations and Ordinary Maintenance. Gertz recommended changing the title to read "Minor Work, Alterations and Ordinary Maintenance" in lieu of"Minor Repairs, Alterations and Ordinary Maintenance" in order to be consistent with how other cities word this section of their Ordinance. The Commissioners then discussed the definition of"Minor Work" as listed in Subd. 2. Definitions A.21 vs. "Minor Repairs" concluding that"Minor Repairs" includes, but is not limited to, "Minor Work". The Commissioners agreed to make the word change in the title only of the Subdivision. HERITAGE PRESERVATION COMMISSION MINUTES August 17, 2009 Page 4 Subd. 10. Demolition—Item A. Gertz recommended the HPC handle demolition like any other site alteration and issue a Certificate of Appropriateness rather than require a wrecking permit from the Building Department and another type of demolition permit from the HPC. The Commissioners agreed with Gertz' recommendation. Subd. 10. Enforcement- the Commissioners decided to strike the words "by the HPC" from the second paragraph of the section, after discussion and agreement that the HPC may not be able to render a decision concerning a "Stop Work Order" within forty-eight(48) hours, excluding weekends and holidays. B. CLG GRANT PROJECT UPDATE Gertz discussed draft Preservation Site Management Plans for Glen Lake Children's Camp, Smith-Douglas-More House, Riley-Jacques Farmstead and Staring Lake Outdoor Center. He stated these drafts represent the core area of the Preservation Site Management Plans. There will be several supplemental documents included in the appendix of the plan: a maintenance checklist, a site map, guidelines, the site nomination form, and pictorial examples of disrepair. Gertz requested the Commissioners review the draft plans and email comments to him by Friday, August 21, 2009. Then he will compile the documents and supplements and mail to the Commissioners and Senior Planner Scott Kipp. The goal is to have the plans done by the end of August, submitted to SHPO. C. CSAH 1 (PIONEER TRAIL) SECTION 106 MOA UPDATE 1. Goodrich-Ramus Barn Gertz spoke with Elizabeth Abel at the Minnesota Department of Transportation (MnDOT)regarding the County status. The County is preparing a marketing plan for the property. SHPO will receive the plan for review and approval; then the County can proceed with marketing the barn. 2. Cummins-Grill Homestead Gertz inspected the site and found no obvious damage to the house or grounds as a result of construction activity. The hickory trees are doing fine; the city forester has been to the site as well. Gertz will continue to do periodic site inspections. Damage to house as a result of crash: the porch support was damaged, replaced with a temporary support. Some of the scrollwork is missing; paint is blistered. Gertz will locate a replacement support column.The peony garden will need to be assessed for damage. It's possible the plants can be divided to infill in needed areas. There is a plant map to help HERITAGE PRESERVATION COMMISSION MINUTES August 17, 2009 Page 5 determine exactly what was planted, where, and could help in the replanting process. Akerlund suggested conferring with Terry Picha about how best to restore the gardens. Gertz stated nothing will be done with the outbuildings. The Parks and Recreation Department knows not to disturb the structures. There was discussion about repairs needed on the pump house and replacement of the door. D. HISTORY BOOK UPDATE Gertz reported the book scanning should be done by the week of August 24, 2009 at the latest. There have been issues with the scanning quality due to the nature of the old documents' paper. Much computer work is being done to try to "clean up" the documents. The book cover will be in color. Once the scan is complete, we will need to get pricing for publication. The Commissioners discussed funds for publication and agreed the nature of funds needs to be researched more to determine exactly what is available and how they can be utilized. Gertz raised the issue of copyright. The Eden Prairie Historical Society (EPHS) gave copyright to the City of Eden Prairie, but there's no official documentation. The book needs to have the correct copyright. Gertz will be researching this issue further. Kipp stated he will ask City Attorney Ric Rosow what the City would need from the EPHS to become the official copyright holder. Roberts Drive House - Gertz met with one of the City building inspectors at the site. In Gertz' judgment, it did not meet criteria for a Historic Site due to alterations on the house. There were also structural issues on the house. Overall, the building did not meet designation criteria"as is." The plan now is to have the home demolished. Gertz is preparing a report for the City. VI. NEW BUSINESS No new business was presented to the Commission. VII. ADJOURNMENT MOTION: Adams moved, seconded by Muhlberg, to adjourn the meeting. Motion carried 5-0. Higgins adjourned the meeting at 9:28 p.m.