Title
Amending Chapter 74 of the Legislative Code by enacting a new section designating the Theodore Hamm Brewing Company Heritage Preservation District as a Heritage Preservation Site.
Body
WHEREAS, on April 2025 HPC staff received a nomination form from JB Vang Partners that was prepared by local architectural historians for the designation of the Theodore Hamm Brewing Company Heritage Preservation District as a Saint Paul Heritage Preservation Site; and
WHEREAS, Heritage Preservation staff reviewed the nomination form and determined it was complete and scheduled the nomination for a public hearing before the Heritage Preservation Commission (“HPC”) to determine whether the Theodore Hamm Brewing Company Heritage Preservation District met the criteria for designation under Leg. Code § 73.05(a); and
WHEREAS, pursuant to Minnesota Statutes § 471.193 and Legislative Code § 73.04(3), the HPC initiated the process to designate the Theodore Hamm Brewing Company Historic District, in the Dayton’s Bluff neighborhood of Saint Paul, at the following addresses: 707 Minnehaha Ave E., 685 Minnehaha Ave E., 722 Payne Ave., 720 Payne Ave., 691 Drewry Ln., 694 Minnehaha Ave E., 688 Minnehaha Ave E., 704 Minnehaha Ave E., 700 Minnehaha Ave E., and 680 Minnehaha Ave. E. (see map for district boundaries), as a Saint Paul Heritage Preservation Site; and
WHEREAS, on May 19, 2025, the HPC, having provided notice to affected property owners within 100 feet of the proposed district boundaries, published notice in a newspaper of general circulation, and posted the agenda to the city website and the City’s Early Notification System, duly conducted a public hearing on the Theodore Hamm Brewing Company Heritage Preservation District nomination where all interested parties were given an opportunity to be heard and based upon all the testimony and the records received, the HPC found that Theodore Hamm Brewing Company Heritage Preservation District met the criteria for designation under Leg. Code § 73.05(a)(1, 3, and 7) as set forth in the HPC Resolution which are incorporated herein by reference, and pursuant to Leg. Code § 73.05(e), considered the proposed boundaries and program for preservation of the Theodore Hamm Brewing Company Heritage Preservation District, where all interested parties, including the applicant and owners, were given an opportunity to be heard, and upon the close of the public hearing and following discussion of the matter, the HPC, based upon the testimony received and the report of staff, determined pursuant to Leg. Code § 73.05(e) that the Theodore Hamm Brewing Company Heritage Preservation District is eligible for designation as a Saint Paul Heritage Preservation site based upon the eligibility criteria set forth under Leg. Code § 73.05(a) and, accordingly, proposed boundaries and a program for preservation for the Site and duly moved to recommend to the City Council for all the reasons set forth in HPC Resolution dated May 19, 2025, that a new section entitled Theodore Hamm Brewing Company Preservation Site and Program for Preservation be added to the Legislative Code at § 74.10 which is presently reserved; and
WHEREAS, the HPC pursuant to Leg. Code § 73.05(b) advised the Planning Commission of the proposed designation along with proposed boundaries, and program for preservation; and
WHEREAS, on September 19, 2025, the HPC pursuant to Leg. Code § 73.05(b), secured a recommendation from the Planning Commission with respect to the relationship of the proposed heritage preservation site designation to the City’s comprehensive plan, the Commission’s opinion as to the effect of the proposed designation upon the surrounding neighborhood, and the Commission’s opinion and recommendation as to any other planning consideration which may be relevant to the proposed designation; and
WHEREAS, the Planning Commission found the proposed designation to be consistent with comprehensive plan policies contained in the plan’s Heritage Preservation Chapter at HP-1, HP-2, HP-6 and HP-9 and, accordingly, voted to recommend the designation of the Theodore Hamm Brewing Company Heritage Preservation District, as set forth in Planning Commission Resolution No. 25-41, which is based upon the report of the Commission’s staff dated September 17, 2025, both of which are incorporated herein by reference; and
WHEREAS, the HPC, pursuant to Minnesota Statutes § 471.193, Subd. 6 and Leg. Code § 73.05(c), provided copies of the proposed designation, boundaries, and program for preservation to the State Historic Preservation Office (SHPO) for review and comment; and
WHEREAS, on October _____, 2025, the SHPO commented that “We concur that _______________is an ideal candidate for local designation” and, regarding the program for preservation, “The proposed preservation program for the Theodore Hamm Brewing Company Heritage Preservation District will help establish a desired and consistent level of quality and aesthetics for the character-defining features of the historic complex; and
WHEREAS, on October 22, 2025, pursuant to Leg. Code § 73.05(f), the Council of the City of Saint Paul duly conducted a public hearing, having provided notice to affected property owners within 100 feet of the subject address, published notice in a newspaper of general circulation, and posted the agenda to the city website and the City’s Early Notification System, pursuant to Leg. Code § 73.05(e), at which time all interested parties were given an opportunity to be heard; and
WHEREAS, the City Council, having considered all the facts and testimony, including the recommendations of the planning commission and the HPC report, hereby finds that creating and designating a Theodore Hamm Brewing Company Heritage Preservation Site and Program for Preservation is a public necessity required in the interests of the health, prosperity, safety and welfare of the citizens of Saint Paul by fulfilling the public policies set forth under Leg. Code § 73.01(1-5) and in so designating the Theodore Hamm Brewing Company Heritage Preservation Site and Program for Preservation the Council hereby adopts as its formal statement of legislative reasons for creating and designating the Theodore Hamm Brewing Company Heritage Preservation Site and Program for Preservation, the reasoning set forth in the HPC Resolution, now, therefore
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
SECTION 1
Program for Preservation
Sec. 73.05(a)(1) The character, interest, and value of the Theodore Hamm Brewing Company, as part of the development, heritage or cultural characteristics of the City of Saint Paul, State of Minnesota, and the United Sates meets designation criterion 1. Historic contexts are historical patterns that can be identified through consideration of the history of the property and the history of the surrounding area. The nomination notes the theme of the district is its significance in the area of Industry as one of the most important breweries to operate in the state of Minnesota. The related State historic context is “Urban Centers, 1870-1940” and the local historic context, established by the Saint Paul HPC, is “German American Community and Dayton’s Bluff: 1882-1900.” The Theodore Hamm Brewing Company had a large role in the development and longevity of the brewing industry in Saint Paul and more specifically, the development of the Dayton’s Bluff, Payne Phalen, Railroad Island and Swede Hollow neighborhoods and culture.
Sec. 73.05(a)(3) The Theodore Hamm Brewing Company identification with a person or persons who significantly contributed to the culture and development of the City of Saint Paul. The nomination identifies the association with three of Saint Paul’s more influential businessmen. Applying the scientific and technological innovations of the time to improve and expand the plant and operations, the Hamm Brewery became a leader in the brewing industry locally, regionally, and in Minnesota. The company founder, his son, and grandson influenced development in Saint Paul and the Twin Cities region; the report identifies these significant persons as: Theodore Hamm, William Hamm Sr., and William Hamm Jr.
Sec. 73.05(a)(7) Its unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community, or the City of Saint Paul. The Theodore Hamm Brewing Company has been an established and visual feature of the eastside for 160 years. Its smokestack is a landmark of the skyline, and the massive red brick and stone buildings have a strong visual impact on the surrounding neighborhoods. The brewery complex is uniquely sited near multiple rail lines, next to Phalen Creek, and near the Mississippi River. Access to transportation/distribution, walking distance for workers from adjacent communities, and access to natural resources was the ideal setting for the brewery to survive and thrive, as well as become and remain a hub of community businesses and activity.
The Theodore Hamm Brewing Company is significant under criteria (1), (3) and (7) of Section 73.05 (a) of the Legislative Code.
That Legislative Code Chapter 74, entitled "Heritage Preservation Districts and Programs," is hereby amended by the addition of the following new section to be numbered Section 74.10. and entitled " Theodore Hamm Brewing Company Heritage Preservation Site and Program for Preservation which shall read as follows:
74.10. - Theodore Hamm Brewing Company Heritage Preservation District preservation program
A. Introduction. The City’s Legislative Code, Chapter 73 creates the Saint Paul Heritage Preservation Commission and grants powers and duties that include the review of city permits for work at designated sites and districts. Specifically, §73.04(4) states the commission shall protect the architectural character of heritage preservation sites through review and approval or denial of applications for city permits. The following guidelines for design review will serve as the basis for the Heritage Preservation Commission’s design review decisions for the Theodore Hamm Brewing Company Heritage Preservation District. The guidelines define the most important elements of the Site’s unique physical appearance and state the best means of preserving and enhancing these elements in rehabilitation. Their purpose is to assure that design review will be based on clear standards rather than the tastes or opinions of individual commission members. When applying the guidelines, the Commission, in clearly defined cases of economic hardship, will also consider deprivation of the owner’s reasonable use of property. Decisions of the Heritage Preservation Commission are subject to appeal to the City Council (§73.06(h)).
B. General Intent. The City of Saint Paul, a Certified Local Government in the National Historic Preservation Program, has agreed to conduct its design review of locally designated heritage preservation sites and districts according to the Secretary of the Interior’s Standards for the Treatment of Historic Properties (2017) (The Standards). The Standards are codified in 36 CFR Part 68 and are applied to projects in a reasonable manner, taking into consideration economic and technical feasibility. The Standards provide general information to determine appropriate treatments for historic properties. They are intentionally broad in scope in order to apply to a wide range of circumstances. The Standards have been designed to enhance the understanding of basic preservation principals and may be applied to one historic resource or a variety of historic resource types such as Districts, Sites, Buildings, Structures, and Objects. The Standards identifies four primary treatments: preservation, rehabilitation, restoration, and reconstruction.
Preservation is defined as the act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project. However, new exterior additions are not within the scope of this treatment. The Standards for Preservation require retention of the greatest amount of historic fabric along with the building’s historic form.
Rehabilitation is defined as the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values. The Rehabilitation Standards acknowledge the need to alter or add to a historic building to meet continuing or new uses while retaining the building’s historic character.
Restoration is defined as the act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a restoration project. The Restoration Standards allow for the depiction of a building at a particular time in its history by preserving materials, features, finishes, and spaces from its period of significance and removing those from other periods.
Reconstruction is defined as the act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location. The Reconstruction Standards establish a limited framework for recreating a vanished or non-surviving building with new materials, primarily for interpretive purposes.
The Standards for Rehabilitation provide direction in making appropriate choices in planning the repairs, alterations, and additions that may be part of a rehabilitation project. The accompanying Guidelines apply the Standards and describe specific treatments that do and do not meet the Standards. The Standards for Rehabilitation are codified in 36 CFR Part 67 <https://www.nps.gov/subjects/taxincentives/upload/regs-nps-36-cfr-67.pdf>, are regulatory for the Historic Preservation Tax Incentives program, and are the Standards most often used by local historic district commissions nationwide.
The Standards for Rehabilitation are the criteria used to determine if a rehabilitation project qualifies as a certified rehabilitation. The intent of the Standards is to assist the long-term preservation of a property’s significance through the preservation of historic materials and features. The Standards pertain to historic buildings of all materials, construction types, sizes, and occupancy and encompass the exterior and the interior of historic buildings. The Standards also encompass related landscape features and the building’s site and environment, as well as attached, adjacent, or related new construction. To be certified, a rehabilitation project must be determined by the Secretary to be consistent with the historic character of the structure(s) and, where applicable, the district in which it is located. The following Standards are to be applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility <https://www.nps.gov/subjects/taxincentives/upload/role-economic-technical-feasibility-applying-standards.pdf>.
1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.
6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.
7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
8. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
C. Description
1. Boundaries and Sites: The Theodore Hamm Brewing Company Heritage Preservation District is located along East Minnehaha and Reaney Avenues between Payne Avenue and Stroh Drive in the Dayton’s Bluff neighborhood of Saint Paul. The district is roughly bounded by the Union Pacific Railroad tracks on the north, Stroh Drive on the east, the foot of Dayton’s Bluff on the south, and the Bruce Vento Regional Trail (the former location of Phalen Creek) in the ravine to the west. There are also two buildings located on the west site of the ravine along Payne Avenue. East Minnehaha Avenue bisects the district and spans the ravine. Reaney Avenue, north of East Minnehaha, also runs east-west, but no longer crosses the ravine and functions more as an internal street. The district encompasses roughly 23 acres of land on the edge of mixed industrial and residential neighborhoods in the Dayton’s Bluff, Railroad Island, and Payne Phalen districts, northeast of downtown Saint Paul. The historic district is contiguous and cohesive in terms of the proximity of the buildings and their relationships to each other. The integrity of the district is reinforced by the predominant use of brick in construction of the buildings as well as the deliberate repetition of details visually linking the one-to-six story buildings and associated pump houses, tunnels, silo, shavings vault, retaining wall and bridge. Inventory # RA-SPC-02926