06-245Council File #
Ordinance #
06-245
Green Sheet # 3030005
ORDINANCE
\INT PAUL, MINNESOTA
� r
Presented By
Referred To
Committee: Date
An interim ordinance pursuant to Minn. Stat. § 462.355, Subd. 4, preserving the
status quo in and neaz the vicinity of the former Jacob Schmidt Brewing
Company plant pending the completion of a report, recommendation and
nomination to place the Jacob Schmidt Brewing Company plant and surrounding
elements on a register of historic places and possible amendments to the City's
official controls for protecting historical properties.
THE COUNCIL OF THE CTI'Y OF SAINT PAUL DOES HEREBY ORDAIlV
Section 1
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Interim Ordinance: Statement of Legislative Intent and �ndings. In a letter dated February 3, 2005, the
State Historic Preservation Office of the Minnesota Historical Society informed the West 7`� StreetlFort Road
Federation that the former Jacob Schmidt Brewing Company site was eligible for nomination to the National
Register of Historic Places. The letter stated that the Schmidt Brewery site was eligible for nomination
because the site is significant in the areas of industry and commerce due to the production of a major beer
brand, in its significance with the lives of Christopher Stahlman, Jacob Schmidt and Otto and Adolph Bremer
who were responsible for the establishment and success of the Schmidt Brewery and in its architectural
significance which embodies a Romanesque style easily identified by the brewery's crenellated tower which
was designed by Chicago architect and engineer, Bernard Barthel. The letter further noted that other
structures in the vicinity and associated with the Brewery may also be eligible for nomination to the National
Registry including owner and brew master houses, brewery stables and garages.
The Council finds that the National Historic Preservation Act of 1966, [hereinafter, the "NHPA," 16 U.S.C. §
420 et. se�.] has established a strong federal policy favoring the preservation of properties and sites which
have been significant in American history and that the NI3PA authorizes the Secretary of the Interior to
create, maintain, and expand a National Register of Historic Places composed of districts, sites, buildings,
structures and objects significant in American history, architecture, archaeology, engineering and culture.
The Council also finds that the state of Minnesota had established a policy regarding historic preservation
which is more expansive than federal policy towards historic preservation by favoring the preservation of
properties possessing historical, azchitectural, archaeological and aesthetic values which represent and reflect
elements of the state's cultural, social, economic, religious, political, architectural and aesthetic heritage
through the creation of a State Register of Historic Places under the Minnesota Historic Site Act. [Minn.
Stat. §§ 138.661-.669].
The Council notes that the state of Minnesota, pursuant to Minn. Stat. §�t71193, Subd. 1, has enabled local
units of government to engage in comprehensive programs of historic preservarion for the purpose of
promoting the use and conservation of historical, architectural, azcheological, engineering and cultural
heritage sites in the State for the education, inspiration, pleasure and enrichment of all through the creation of
local heritage preservation commissions and that, accordingly, the City has declared its own policy which
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calls for the preservarion, protection, perpetuation and use of areas, places, buildings, structures and other
objects having a special historical, community or esthetic interest or value as a public necessity and in the
interest of the health, prosperity, safety and welfaze of the people, including safeguarding the heritage of the
City by preserving sites and structures which reflect elements of the City's cultural, social, economic,
polirical or azchitectural history. I.eg. Code § 73.01.
The Council also finds that nomination to e3ther the National or State Register of Historic Places or as a
City's Heritage Preservation Site, requires an exacring process of data collecrion, investigation and
documentarion to assure that a nominated property is eligible for historic designation based upon complete
and adequate information regarding the historical significance of the property as was demonstrated recently
when the Council designated the University-Raymond area as a City Heritage Preservation Site following a
lengthy designation process.
Further, the Council notes that Minn. Stat. § 473.859, Subd. 2(b) states that the land use chapter of a
municipal comprehensive plan "shall contain a protection element ... for historic sites." The Council finds
that the City's Comprehensive Plan, Land Use Chapter, at Objective 5.9, recognizes only that heritage
preservation has been successfully utilized as a tool for neighborhood development and revitalizaUon by
building upon the chazacter of historic buildings in the City's neighborhoods. The Council further finds that
the City's heritage preservation ordinances presently lacks a process or procedure which could provide
interim protection during the lengthy designation process for properties which aze nominated or eligible for
historical designation.
The Council therefore finds that during the data collection, investigation and documentafion process to
determine the historical significance of a nominated property and the actual designation of the property,
whether to the National or State Registers of Historic Places or as a City Heritage PreservaUon Site, that it is
in the interest of the health, welfare and safety of the public, as it is consistent with the strong statements of
federal, state, and local policy to preserve districts, sites, buildings, structures and objects significant in
historical, architectural, archeological, engineering and cultural heritage as well as with the principles of
comprehensive land use planning, to enact temparary legislaflon to provide interim protection to property
that has been legitimately identified, as has the Schmidt Brewery site by the SHPO, as having the potential
historical significance to be named to a listing of National, State or City historic places; provided that the
City takes the immediate steps necessary to promptly investigate, nominate and include the Schmidt Brewery
site on the National or State Registers of Historic Places, or as a City Heritage Preservation Site, as the case
may be, and further provided, pending the receipt of a report and the effective date of any actions taken by
the City based upon such a report, regarding the protection of historic sites under the land use chapter of the
City's Comprehensive Plan.
Section 2
Interim Ordinance: Moratorium Imuosed on the former Schmidt Brewerv site as set forth herein For
the purpose of preserving the status quo at the Schmidt Brewery site, and to safeguard the publid s health,
welfaze and safety pending the investigation, nomination and inclusion of the Schmidt Brewery site into the
National or State Register of Historic Places or as a City Heritage Preservation Site, and pending the
preparation of a report regarding the protection of historic sites under the land use chapter of the City's
Comprehensive Plan and any actions that may be taken by the City as a result of such a report, for a period of
time not to exceed twelve (12) months from the effective date of this resolution as provided in Minn. Stat. §
462.355, Subd. (4), or until such eazlier time as a National or State Register of Historic Places or City
Heritage Preservarion Site has been determined and declared by the Secretary of the Interiar for the
Government of the United States, the Minnesota Historical Society or the Council of the City of Saint Paul
and any action taken by the City based upon a report regarding the protection of historic sites under the land
use chapter of the City's Comprehensive Plan, no zoning permits, site plans, lot splits, plat approvals,
building permits or occupancy certificates may be issued by the City for the said site, defined herein as that
area within the general boundary established at the midpoints of the following intersections: Beginning at
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O� -,��s
James Avenue and Toronto Street, North along Toronto to its intersection with West 7`� Street, Northeast
along West 7`" to its intersection with Palace Avenue, West along Palace to its intersection with Toronto
Avenue, North along Toronto to its intersection with Jefferson Avenue, East along Jefferson to its
intersection with Erie Street, South along Erie to its intersection with Palace Avenue, East along Palace to its
intersection with Duke Street, South along Duke to its intersection with James Avenue, West along James to
the original starting point at the intersection of James and Toronto, in accordance with the map attached
hereto and incorporated herein by reference as Exhibit 1, unless otherwise provided by this Council.
Section 3
Interim Ordinance: Moratorium: Written Requests for Official Control Approvals. Compliance with
Minn. Stat § 15.99. Until such time as the said report and/or historic designation has been completed and
acted upon by the appropriate federal or state official or the City Council, all City departments receiving
written requests for official control approvals within the azea designated herein as of the Schmidt Brewery
Historic Site Study Area, to the extent that the same is regulated under this interim ordinance, shall accept
complete requests and immediately process them in accordance with the provisions of Minn. Stat. § 15.99,
Subd. 2, consistent with the legislative intent expressed under this interim ordinance; provided that a building
pernut may be issued for work within the said Study Area which, in the opinion of the City's historic
preservation commission or the commission's staff, and the City's building official, that work proposed
under the permit will not result in the alteration or impairment to the significance of any historical,
architectural, archaeological, engineering or cultural, feature, aspect, element, detail, appearance or thing
whatsoever, pending the investigation, nomination and inclusion of the Schmidt Brewery site as a designated
National, State ar City historic site and pending the receipt of a report, and the effective date of any action
taken by the City based upon such a report, regarding the protection of historic sites under the land use
chapter of the City's Comprehensive Plan.
Section 4
124 Iaterim Ordinance: Moratorium. Effective Date. The effective date of the moratorium enacted under this
125 interim ordinance is deemed to be as of the effective date of the Resolution in Council File No.
126 06-244
127
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Adopted by Conncil; Da[e 1��a(J/��i
(/
Adoption Certified by Co�mcil Seccetazy
By: �
Approved by Mayor: Dat / �`�`�
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By:
�u �L .' .�, � � .s � r ! `'i .'..i
Requested by Depaztrnent of:
By:
Approved by Financial Services
Sy:
Foxm Approved by City Attomey
s .�/� L✓�✓rir�^�-.- 3- Y' o c
Approved by Mayor for Submission to Council
By:
I�iil��]
06-245
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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Co�ct Per3on 8 Phone:
Co�Gilrnetnber Th�r�e
266-8620
Must Be on Council Agenda by (Date):
OB-MAR-06
Contract7ype'
OR-0RDIfVANCE
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Assgn
Number
For
Routing
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Total A of SignaW re Pages _(Clip NI Lowtions forSignature)
Green Sheet NO: 3030005
0 Corncil I I
1 ent "
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3
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An interim ordinance preserving the sTatus quo in and near the vicinity of the fornier Jacob Schmidt Brewing Company piant pending
completion of a repor[, recommendation & nomination tn place the plant and surroimding elements on a register of historic places and
possible amendments to the City's official controls for protecting lustorical properties.
idations: Appm�e (A) or R
Pianning Commissiwi
CIB Committee
CiWI Serrice Commission
(R): � Personal Service CoMracls Must Mswerihe Following Questions:
1. Has this persordfirtn e�er xarked under a contract Tor this department?
Yes Na
2. Has this personffirtn e�er been a cRy employse?
Yes No
3. Dces this person/firm possess a skill rrot nortnally possessed by any
cu�rd city employee?
Yes No
Explain all yes answers on separete SheeS and atpch M green sheet
Initiating Problem, lssues, Opportunily (Who, Wha4 When, Where, Why):
Advanta9� B APProved:
DisadvaMages B Approved:
Disadvantages IF Not Approvetl:
ToWI Amount of
T2nsaction:
Fun�ng Souroe:
Financial lnformation:
(Explain)
CosURevenue Budgeted:
AcGVily Number:
March 9, 2006 2:00 PM Page 1
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