as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
Engrossments | ||
---|---|---|
Introduction | Posted on 03/13/2003 |
1.1 A bill for an act 1.2 relating to the capital area architectural and 1.3 planning board; revising the text of its enabling law 1.4 to remove redundant and obsolete language, to simplify 1.5 grammar and syntax, and to improve the style of 1.6 language without changing meaning; making conforming 1.7 changes; providing revisor instructions; amending 1.8 Minnesota Statutes 2002, section 15.50. 1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10 Section 1. Minnesota Statutes 2002, section 15.50, is 1.11 amended to read: 1.12 15.50 [CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD.] 1.13Subdivision 1. [PURPOSE, MEMBERS, OFFICERS.] (a) The1.14legislature finds that the purposes of the board are to (1)1.15preserve and enhance the dignity, beauty and architectural1.16integrity of the capitol, the buildings immediately adjacent to1.17it, the capitol grounds, and the capitol area; (2) protect,1.18enhance, and increase the open spaces within the capitol area1.19when deemed necessary and desirable for the improvement of the1.20public enjoyment thereof; (3) develop proper approaches to the1.21capitol area for pedestrian movement, the highway system, and1.22mass transit system so that the area achieves its maximum1.23importance and accessibility; and (4) establish a flexible1.24framework for growth of the capitol buildings which will be in1.25keeping with the spirit of the original design.1.26(b) The capitol area architectural and planning board,1.27herein referred to as the board, consists of ten members. The2.1lieutenant governor shall be a member of the board. Four2.2members shall be appointed by the governor; three members, one2.3of whom shall be a resident of the district planning council2.4area containing the capitol area, shall be appointed by the2.5mayor of the city of Saint Paul, with the advice and consent of2.6the city council. The speaker of the house shall appoint a2.7member of the house of representatives and the president of the2.8senate shall appoint one senator to be members of the board.2.9Each person appointed to the board shall qualify by taking the2.10oath of office.2.11(c) The lieutenant governor is the chair of the board. The2.12attorney general is the legal advisor to the board. The board2.13may elect a vice-chair who may preside at meetings in the2.14absence of the lieutenant governor and such other officers as it2.15may deem necessary to carry out its duties.2.16(d) The board shall select an executive secretary to serve2.17the board. It may employ such other officers and employees as2.18it may deem necessary all of whom shall be in the classified2.19service of the state civil service. The board may contract for2.20professional and other similar service on such terms as it may2.21deem desirable.2.22Subd. 2. [CAPITOL AREA PLAN.] (a) The board shall prepare,2.23prescribe, and from time to time, after a public hearing, amend2.24a comprehensive use plan for the capitol area, called the area2.25in this subdivision, which consists of that portion of the city2.26of Saint Paul comprehended within the following boundaries:2.27Beginning at the point of intersection of the center line of the2.28Arch-Pennsylvania freeway and the center line of Marion Street,2.29thence southerly along the center line of Marion Street extended2.30to a point 50 feet south of the south line of Concordia Avenue,2.31thence southeasterly along a line extending 50 feet from the2.32south line of Concordia Avenue to a point 125 feet from the west2.33line of John Ireland Boulevard, thence southwesterly along a2.34line extending 125 feet from the west line of John Ireland2.35Boulevard to the south line of Dayton Avenue, thence2.36northeasterly from the south line of Dayton Avenue to the west3.1line of John Ireland Boulevard, thence northeasterly to the3.2center line of the intersection of Old Kellogg Boulevard and3.3Summit Avenue, thence northeasterly along the center line of3.4Summit Avenue to the center line of the new West Kellogg3.5Boulevard, thence southerly along the east line of the new West3.6Kellogg Boulevard, to the east line of the right-of-way of3.7Interstate Highway 35-E, thence northeasterly along the east3.8line of the right-of-way of Interstate Highway 35-E to the south3.9line of the right-of-way of Interstate Highway 94, thence3.10easterly along the south line of the right-of-way of Interstate3.11Highway 94 to the west line of St. Peter Street, thence3.12southerly to the south line of Exchange Street, thence easterly3.13along the south line of Exchange Street to the west line of3.14Cedar Street, thence northerly along the west line of Cedar3.15Street to the center line of Tenth Street, thence northeasterly3.16along the center line of Tenth Street to the center line of3.17Minnesota Street, thence northwesterly along the center line of3.18Minnesota Street to the center line of Eleventh Street, thence3.19northeasterly along the center line of Eleventh Street to the3.20center line of Jackson Street, thence northwesterly along the3.21center line of Jackson Street to the center line of the3.22Arch-Pennsylvania freeway extended, thence westerly along the3.23center line of the Arch-Pennsylvania freeway extended and Marion3.24Street to the point of origin.3.25Under the comprehensive plan, or a portion of it, the board3.26may regulate, by means of zoning rules adopted under the3.27Administrative Procedure Act, the kind, character, height, and3.28location, of buildings and other structures constructed or used,3.29the size of yards and open spaces, the percentage of lots that3.30may be occupied, and the uses of land, buildings and other3.31structures, within the area. To protect and enhance the3.32dignity, beauty, and architectural integrity of the capitol3.33area, the board is further empowered to include in its zoning3.34rules design review procedures and standards with respect to any3.35proposed construction activities in the capitol area3.36significantly affecting the dignity, beauty, and architectural4.1integrity of the area. No person may undertake these4.2construction activities as defined in the board's rules in the4.3capitol area without first submitting construction plans to the4.4board, obtaining a zoning permit from the board, and receiving a4.5written certification from the board specifying that the person4.6has complied with all design review procedures and standards.4.7Violation of the zoning rules is a misdemeanor. The board may,4.8at its option, proceed to abate any violation by injunction.4.9The board and the city of Saint Paul shall cooperate in assuring4.10that the area adjacent to the capitol area is developed in a4.11manner that is in keeping with the purpose of the board and the4.12provisions of the comprehensive plan.4.13(b) The commissioner of administration shall act as a4.14consultant to the board with regard to the physical structural4.15needs of the state. The commissioner shall make studies and4.16report the results to the board when it requests reports for its4.17planning purpose.4.18(c) No public building, street, parking lot, or monument,4.19or other construction may be built or altered on any public4.20lands within the area unless the plans for the project conform4.21to the comprehensive use plan as specified in paragraph (d) and4.22to the requirement for competitive plans as specified in4.23paragraph (e). No alteration substantially changing the4.24external appearance of any existing public building approved in4.25the comprehensive plan or the exterior or interior design of any4.26proposed new public building the plans for which were secured by4.27competition under paragraph (e) may be made without the prior4.28consent of the board. The commissioner of administration shall4.29consult with the board regarding internal changes having the4.30effect of substantially altering the architecture of the4.31interior of any proposed building.4.32(d) The comprehensive plan must show the existing land uses4.33and recommend future uses including: areas for public taking4.34and use; zoning for private land and criteria for development of4.35public land, including building areas, open spaces, monuments,4.36and other memorials; vehicular and pedestrian circulation;5.1utilities systems; vehicular storage; elements of landscape5.2architecture. No substantial alteration or improvement may be5.3made to public lands or buildings in the area without the5.4written approval of the board.5.5(e) The board shall secure by competitions plans for any5.6new public building. Plans for any comprehensive plan,5.7landscaping scheme, street plan, or property acquisition that5.8may be proposed, or for any proposed alteration of any existing5.9public building, landscaping scheme or street plan may be5.10secured by a similar competition. A competition must be5.11conducted under rules prescribed by the board and may be of any5.12type which meets the competition standards of the American5.13Institute of Architects. Designs selected become the property5.14of the state of Minnesota, and the board may award one or more5.15premiums in each competition and may pay the costs and fees that5.16may be required for its conduct. At the option of the board,5.17plans for projects estimated to cost less than $1,000,000 may be5.18approved without competition provided the plans have been5.19considered by the advisory committee described in paragraph5.20(h). Plans for projects estimated to cost less than $400,0005.21and for construction of streets need not be considered by the5.22advisory committee if in conformity with the comprehensive plan.5.23(f) Notwithstanding paragraph (e), an architectural5.24competition is not required for the design of any light rail5.25transit station and alignment within the capitol area. The5.26board and its advisory committee shall select a preliminary5.27design for any transit station in the capitol area. Each stage5.28of any station's design through working drawings must be5.29reviewed by the board's advisory committee and approved by the5.30board to ensure that the station's design is compatible with the5.31comprehensive plan for the capitol area and the board's design5.32criteria. The guideway and track design of any light rail5.33transit alignment within the capitol area must also be reviewed5.34by the board's advisory committee and approved by the board.5.35(g) Of the amount available for the light rail transit5.36design, adequate funds must be available to the board for design6.1framework studies and review of preliminary plans for light rail6.2transit alignment and stations in the capitol area.6.3(h) The board may not adopt any plan under paragraph (e)6.4unless it first receives the comments and criticism of an6.5advisory committee of three persons, each of whom is either an6.6architect or a planner, who have been selected and appointed as6.7follows: one by the board of the arts, one by the board, and6.8one by the Minnesota Society of the American Institute of6.9Architects. The authority for appointment of an advisory6.10committee does not expire. Members of the committee may not be6.11contestants under paragraph (e). The comments and criticism6.12must be a matter of public information. The committee shall6.13advise the board on all architectural and planning matters. For6.14that purpose, the committee must be kept currently informed6.15concerning, and have access to, all data, including all plans,6.16studies, reports and proposals, relating to the area as the data6.17are developed or in the process of preparation, whether by the6.18commissioner of administration, the commissioner of trade and6.19economic development, the metropolitan council, the city of6.20Saint Paul, or by any architect, planner, agency or6.21organization, public or private, retained by the board or not6.22retained and engaged in any work or planning relating to the6.23area, and a copy of any data prepared by any public employee or6.24agency must be filed with the board promptly upon completion.6.25The board may employ stenographic or technical help that6.26may be reasonable to assist the committee to perform its duties.6.27When so directed by the board, the committee may serve as,6.28and any member or members of the committee may serve on, the6.29jury or as professional advisor for any architectural6.30competition, and the board shall select the architectural6.31advisor and jurors for any competition with the advice of the6.32committee.6.33The city of Saint Paul shall advise the board.6.34(i) The comprehensive plan for the area must be developed6.35and maintained in close cooperation with the commissioner of6.36trade and economic development, the planning department and the7.1council for the city of Saint Paul, and the board of the arts,7.2and no plan or amendment of a plan may be effective without 907.3days' notice to the planning department of the city of Saint7.4Paul and the board of the arts and without a public hearing with7.5opportunity for public testimony.7.6(j) The board and the commissioner of administration,7.7jointly, shall prepare, prescribe, and from time to time revise7.8standards and policies governing the repair, alteration,7.9furnishing, appearance, and cleanliness of the public and7.10ceremonial areas of the state capitol building. The board shall7.11consult with and receive advice from the director of the7.12Minnesota state historical society regarding the historic7.13fidelity of plans for the capitol building. The standards and7.14policies developed under this paragraph are binding upon the7.15commissioner of administration. The provisions of chapter 14,7.16including section 14.386, do not apply to this paragraph.7.17(k) The board in consultation with the commissioner of7.18administration shall prepare and submit to the legislature and7.19the governor no later than October 1 of each even-numbered year7.20a report on the status of implementation of the comprehensive7.21plan together with a program for capital improvements and site7.22development, and the commissioner of administration shall7.23provide the necessary cost estimates for the program. The board7.24shall report any changes to the comprehensive plan adopted by7.25the board to the committee on governmental operations and7.26gambling of the house of representatives and the committee on7.27governmental operations and reform of the senate and upon7.28request shall provide testimony concerning the changes. The7.29board shall also provide testimony to the legislature on7.30proposals for memorials in the capitol area as to their7.31compatibility with the standards, policies, and objectives of7.32the comprehensive plan.7.33(l) The state shall, by the attorney general upon the7.34recommendation of the board and within appropriations available7.35for that purpose, acquire by gift, purchase, or eminent domain7.36proceedings any real property situated in the area described in8.1this section, and it may also acquire an interest less than a8.2fee simple interest in the property, if it finds that the8.3property is needed for future expansion or beautification of the8.4area.8.5(m) The board is the successor of the state veterans8.6service building commission, and as such may adopt rules and may8.7reenact the rules adopted by its predecessor under Laws 1945,8.8chapter 315, and amendments to it.8.9(n) The board shall meet at the call of the chair and at8.10such other times as it may prescribe.8.11(o) The commissioner of administration shall assign8.12quarters in the state veterans service building to (1) the8.13department of veterans affairs, of which a part that the8.14commissioner of administration and commissioner of veterans8.15affairs may mutually determine must be on the first floor above8.16the ground, and (2) the American Legion, Veterans of Foreign8.17Wars, Disabled American Veterans, Military Order of the Purple8.18Heart, United Spanish War Veterans, and Veterans of World War I,8.19and their auxiliaries, incorporated, or when incorporated, under8.20the laws of the state, and (3) as space becomes available, to8.21other state departments and agencies as the commissioner may8.22deem desirable.8.23Subd. 2a. [MEMBERSHIP TERMS, COMPENSATION, REMOVAL,8.24VACANCIES.] The membership terms, compensation, removal of8.25members and filling of vacancies on the board shall be as8.26provided in section 15.0575.8.27Subd. 3. [ADMINISTRATIVE AND PLANNING EXPENSES.] With the8.28exception of the administrative and planning expenses of the8.29board for federally funded capital expenditures, the board's8.30administrative and planning expenses shall be borne by the state.8.31If federal money is available for capital expenditures, the8.32board's administrative and planning expenses must be reimbursed8.33to the state upon receipt of that money. State agencies and8.34other public bodies considering capitol area projects shall8.35consult with the board prior to developing plans for capital8.36improvements or capital budget proposals for submission to the9.1legislature and governor. These public agencies shall provide9.2adequate funds for the board's review and planning purposes if9.3the board determines its review and planning services are9.4necessary. The expenses of the board for competition premiums,9.5land acquisition or improvement or any other capital9.6expenditures in or upon properties owned or to be owned by the9.7state shall be borne by the state. The expenses of any other9.8public body for such expenditures shall be borne by the body9.9concerned. The city of Saint Paul may expend moneys currently9.10in the city of Saint Paul Capitol Approach Improvement Fund9.11established by Laws 1945, chapter 315, and acts amendatory9.12thereof for capital improvements contained in the city's9.13approved capital improvement budget. The budget is to be9.14adopted in accordance with provisions contained in the city9.15charter.9.16Subd. 6. [LAND CONVEYANCES.] (a) The city of Saint Paul9.17shall have the power to convey without compensation therefor to9.18the state any property owned by it within the boundaries of the9.19capitol area pursuant to the plan adopted by the board; and the9.20state shall have the authority to transfer to the city of Saint9.21Paul without compensation any property acquired by it for the9.22purposes of Laws 1969, chapter 1150, which lies within the9.23street lines of the streets to be established as a part of the9.24city's portion of said plan.9.25(b) The tax-forfeited lands which are held by the state in9.26trust for the several taxing subdivisions of the state and which9.27are within the boundaries of the capitol area as fixed by the9.28plan recommended to the governor by the governor's advisory9.29committee or by the plan adopted by the board as provided in9.30Laws 1969, chapter 1150, shall not, except as provided in this9.31subdivision, be subject to sale or repurchase under any act, now9.32in effect or hereafter enacted unless it shall be expressly9.33provided in such act that the provisions of Laws 1969, chapter9.341150, shall be superseded, modified or repealed.9.35The following procedure shall be used with respect to the9.36tax-forfeited lands within the boundaries of the capitol area:10.1(1) When the state gains custody of the tax-forfeited lands10.2in the capitol area which are to be held in trust for taxing10.3subdivisions of the state, the Ramsey county board of10.4commissioners shall compile a list of these lands after the fee10.5ownership has been recorded in the county recorder's office and10.6submit the list to the board. The list shall include a property10.7description of the tax-forfeited parcel and a listing of the10.8buildings or structures thereon.10.9(2) Within 90 calendar days after receipt of the Ramsey10.10county board of commissioners' list, the board, at its10.11discretion, may: (i) direct the commissioner of revenue to10.12release the tax-forfeited parcel from the trust for the taxing10.13subdivision of the state, which action shall vest unencumbered10.14title to the property in the name of the state; or (ii)10.15authorize the parcel to be disposed of pursuant to chapter 282,10.16provided that the parcel be thereafter utilized in accord with a10.17portion or all of the standards, policies or guidelines in the10.18board's comprehensive use plan. All conveyances of property10.19under subclauses (i) and (ii) shall be subject to any10.20restrictive easements which the board may determine to be10.21necessary for implementation of the comprehensive plan. Any10.22parcel which became tax-forfeited before February 28, 1982 shall10.23be conveyed pursuant to this section without compensation.10.24(3) If the board fails to act within the prescribed 90-day10.25period, the tax-forfeited parcel's disposition shall be governed10.26by chapter 282.10.27(4) Unless and until the commissioner of revenue releases a10.28tax-forfeited parcel from the trust for the taxing subdivision10.29and during the aforementioned 90-day waiting period, the Ramsey10.30county board of commissioners is authorized to maintain the10.31parcel to minimize risks to persons and property contiguous to10.32the parcel. If the parcel is conveyed from the trust to the10.33state, the commissioner of administration shall assume these10.34maintenance responsibilities.10.35(d) The commissioner of revenue shall, upon application by10.36the board, release any lands referred to in clause (b) from the11.1trust in favor of the taxing subdivisions of the state. Upon11.2the execution of such release, the commissioner shall certify11.3the fact of such release to the county auditor of Ramsey11.4county. The forms of such release and certificate shall be11.5prescribed by the attorney general.11.6(e) Neither any member of the board, nor any person11.7employed or retained by the board shall have any financial11.8interest, direct or indirect, in any business enterprise or11.9activity, or in the construction or maintenance of facilities11.10for such enterprise or activity, within the capitol area for11.11which approval of the board is in any way required by law. Any11.12person violating the provisions of this paragraph shall be11.13guilty of a gross misdemeanor.11.14(f) At any time after acquiring a tax-forfeited parcel of11.15property pursuant to the provisions of this subdivision, the11.16board may direct the commissioner of administration to convey11.17the parcel of property by quitclaim deed to the city of Saint11.18Paul housing and redevelopment agency. The conveyance of11.19property shall be without compensation and shall be subject to11.20any restrictive easements which the board may determine to be11.21necessary for implementation of the comprehensive plan.11.22Subd. 7. [ADVERTISING.] No advertising devices may be11.23erected after June 10, 1969, within the boundaries of the11.24capitol area unless done so pursuant to reasonable rules of the11.25board. "Advertising device" means any billboard, sign, poster,11.26display or other device visible to and primarily intended to11.27advertise or to attract, and shall include any structure erected11.28primarily for use in connection with the display of any such11.29device and all lighting or other attachments used in connection11.30therewith. Advertising devices to advertise a business conducted11.31on the premises where the advertising device is located may be11.32permitted and erected in accordance with reasonable rules11.33established by the board. Advertising devices which do not meet11.34the requirements of the rules may be ordered by the board to be11.35removed. The owner of the advertising device and the owner of11.36the real property involved shall be paid just compensation for12.1their interests affected.12.2Any person who shall violate the provisions of this section12.3shall be guilty of a misdemeanor.12.4Subd. 9. [CAPITAL BUDGET REQUESTS.] For capital budget12.5requests in the capitol area as defined in subdivision 2,12.6paragraph (a), the commissioner of administration shall consult12.7with the capitol area architectural and planning board regarding12.8building sites and design standards.12.9Subd. 10. [NATIVE VEGETATION PLANTING.] As part of its12.10comprehensive plan and adopted zoning rules, the board shall12.11give priority to the planting of native trees and shrubs, or12.12native grasses wherever appropriate, within the capitol area.12.13 Subdivision 1. [PURPOSES.] The purposes of the capitol 12.14 area architectural and planning board are: 12.15 (1) to preserve and enhance the dignity, beauty, and 12.16 architectural integrity of the capitol, the buildings 12.17 immediately adjacent to it, the capitol grounds, and the capitol 12.18 area; 12.19 (2) to protect, enhance, and increase the open spaces 12.20 within the capitol area when considered necessary and desirable 12.21 to improve the public enjoyment of them; 12.22 (3) to develop proper approaches to the capitol area for 12.23 pedestrians, the highway system, and mass transit system so that 12.24 the area achieves its maximum importance and accessibility; and 12.25 (4) to establish a flexible framework for growth of the 12.26 capitol buildings in keeping with the spirit of the original 12.27 design. 12.28 Subd. 2. [MEMBERSHIP, APPOINTERS; OATH QUALIFIES.] (a) The 12.29 capitol area architectural and planning board, called the board 12.30 or the CAAPB in this chapter, has ten members. 12.31 (b) The lieutenant governor is a member. 12.32 (c) The governor must appoint four members. 12.33 (d) The mayor of St. Paul must appoint three members with 12.34 the advice and consent of the city council. One of the mayor's 12.35 appointees must be a resident of the planning council district 12.36 that includes the capitol area. 13.1 (e) The speaker of the house must appoint a member of the 13.2 house of representatives and the president of the senate must 13.3 appoint a senator. 13.4 (f) Each appointee must qualify by taking the oath of 13.5 office. 13.6 Subd. 3. [OFFICERS; LEGAL ADVISOR.] (a) The lieutenant 13.7 governor is the chair of the board. 13.8 (b) The attorney general is the legal advisor to the board. 13.9 (c) The board may elect a vice-chair. The vice-chair may 13.10 preside at meetings in the absence of the lieutenant governor. 13.11 (d) The board may elect any other officers that it 13.12 considers necessary to carry out its duties. 13.13 Subd. 4. [EXECUTIVE SECRETARY, CLASSIFIED PERSONNEL, 13.14 CONTRACTORS.] (a) The board must appoint an executive secretary 13.15 to serve the board. 13.16 (b) The board may employ any other officers and employees 13.17 it considers necessary. Those employed under this paragraph are 13.18 in the state classified civil service. 13.19 (c) The board may contract for professional and other 13.20 similar services on the terms it considers desirable. 13.21 Subd. 5. [COMPREHENSIVE USE PLAN REQUIRED.] The board must 13.22 have, and prescribe for the capitol area, a comprehensive use 13.23 plan called the comprehensive plan in this chapter. 13.24 Subd. 6. [CAPITOL AREA DESCRIBED.] (a) The capitol area is 13.25 that part of the city of St. Paul inside the boundary described 13.26 in paragraph (b). 13.27 (b)(1) Beginning at the point of intersection of the center 13.28 line of Pennsylvania Avenue and the center line of Marion 13.29 Street; 13.30 (2) then go southerly along the center line of Marion 13.31 Street and its extension to a point 50 feet southerly of the 13.32 south edge of Concordia Avenue; 13.33 (3) then, southeasterly along a line 50 feet southerly of, 13.34 and parallel with, the south curb of Concordia Avenue to a point 13.35 125 feet westerly of the west curb of southbound John Ireland 13.36 Boulevard; 14.1 (4) then, southwesterly along a line 125 feet westerly of, 14.2 and parallel with, the west curb of southbound John Ireland 14.3 Boulevard to the south curb of Dayton Avenue; 14.4 (5) then, easterly along the south curb of Dayton Avenue to 14.5 the curb of southbound John Ireland Boulevard; 14.6 (6) then, northeasterly in a straight line to the 14.7 intersection of the center lines of Old Kellogg Boulevard and 14.8 the center line of Summit Avenue; 14.9 (7) then, northeasterly along the center line of Summit 14.10 Avenue to the center line of eastbound new West Kellogg 14.11 Boulevard; 14.12 (8) then, southeasterly along the center line of eastbound 14.13 and then, southbound new West Kellogg Boulevard to the easterly 14.14 right-of-way line of Interstate Highway 35-E; 14.15 (9) then, northeasterly along the easterly right-of-way 14.16 line of Interstate Highway 35-E to the southerly right-of-way 14.17 line of Interstate Highway 94; 14.18 (10) then, easterly along the southerly right-of-way line 14.19 of Interstate Highway 94 to the west curb of St. Peter Street; 14.20 (11) then, southeasterly along the west curb of St. Peter 14.21 Street to the south curb of Exchange Street; 14.22 (12) then, northeasterly along the south curb of Exchange 14.23 Street to the west curb of Cedar Street; 14.24 (13) then, northwesterly along the west curb of Cedar 14.25 Street to the center line of Tenth Street; 14.26 (14) then, northeasterly along the center line of Tenth 14.27 Street to the center line of Minnesota Street; 14.28 (15) then, northwesterly along the center line of Minnesota 14.29 Street to the center line of Eleventh Street; 14.30 (16) then, northeasterly along the center line of Eleventh 14.31 Street to the center line of Jackson Street; 14.32 (17) then, northerly along the center line of Jackson 14.33 Street to the center line of Pennsylvania Avenue; 14.34 (18) then, westerly along the center line of Pennsylvania 14.35 Avenue and its extension to the point of beginning. 14.36 Subd. 7. [BOARD MAY ADOPT ZONING RULES.] (a) Under the 15.1 comprehensive plan, the board may regulate in the capitol area: 15.2 (1) the kind, character, height, and location of buildings 15.3 and other structures; 15.4 (2) the size of yards and open spaces; 15.5 (3) the percentage of lots to be occupied; and 15.6 (4) the uses of land, buildings, and other structures. 15.7 (b) The regulation must be done by zoning rules adopted 15.8 under chapter 14, the Administrative Procedure Act. 15.9 Subd. 8. [CONSTRUCTION STANDARDS AND DESIGN-REVIEW 15.10 PROCEDURES.] The board, in its zoning rules, may include 15.11 standards and design-review procedures for proposed construction 15.12 in the capitol area that significantly affect the area's 15.13 dignity, beauty, and architectural integrity. 15.14 Subd. 9. [PREREQUISITES TO CONSTRUCTION.] (a) A person 15.15 must not begin construction in the capitol area until after 15.16 completing the steps in paragraph (b). 15.17 (b) The person must: 15.18 (1) submit the construction plans to the board; 15.19 (2) secure a zoning permit from the board; and 15.20 (3) secure a certificate from the board stating that the 15.21 person has complied with the board's standards and design-review 15.22 procedures. 15.23 (c) The board must define construction in its rules. 15.24 Subd. 10. [ZONING VIOLATION IS A MISDEMEANOR.] A person 15.25 who violates a zoning rule of the board is guilty of a 15.26 misdemeanor. 15.27 Subd. 11. [ABATEMENT BY INJUNCTION.] The board may move to 15.28 abate, by injunction, a violation of its zoning rules. 15.29 Subd. 12. [HARMONIZE NEARBY DEVELOPMENT.] The board and 15.30 the city of St. Paul must cooperate to ensure that the area 15.31 adjacent to the capitol area is developed in keeping with the 15.32 purposes of the board and with the comprehensive plan. 15.33 Subd. 13. [ADMINISTRATION COMMISSIONER MUST CONSULT, DO 15.34 STUDIES.] The commissioner of administration must: 15.35 (1) act as a consultant to the board on the physical 15.36 structural needs of the state; and 16.1 (2) do studies and report the results to the board when the 16.2 board requests reports for its planning. 16.3 Subd. 14. [NEED TO FOLLOW COMPREHENSIVE PLAN, HAVE 16.4 COMPETITION.] (a) No construction on public land in the capitol 16.5 area may take place unless the comprehensive plan and the 16.6 requirement for a competition under subdivision 18 are 16.7 followed. However, under subdivision 21 the board may waive the 16.8 requirement of a competition; and under subdivision 22 a 16.9 competition is not required. 16.10 (b) Some examples of construction under paragraph (a) are 16.11 building or changing (1) a public building; (2) a street; (3) a 16.12 parking lot; or (4) a monument. 16.13 Subd. 15. [BOARD MUST PREAPPROVE CHANGES.] No substantial 16.14 change to what is described in clause (1) or (2) may be made 16.15 until after the board consents to the change: 16.16 (1) the external appearance of a public building existing 16.17 before July 1, 1967, that is approved in the comprehensive plan; 16.18 or 16.19 (2) the exterior or interior design of a new public 16.20 building proposed after April 11, 1974, whose plans are secured 16.21 by competition under subdivision 18. 16.22 Subd. 15a. [CHANGES AFFECTING INTERIOR ARCHITECTURE.] The 16.23 commissioner of administration must consult with the board about 16.24 internal changes that bring about substantial changes to the 16.25 architecture of the interior of a proposed building. 16.26 Subd. 16. [COMPREHENSIVE PLAN MUST SHOW LAND USES.] The 16.27 comprehensive plan must show the current uses and recommend 16.28 future uses of land including, but not limited to: 16.29 (1) areas for public taking and use; 16.30 (2) zoning for private land and criteria for development of 16.31 public land, including, but not limited to, building areas, open 16.32 spaces, and monuments and other memorials; 16.33 (3) circulation of vehicles and pedestrians; 16.34 (4) utility systems; 16.35 (5) storage of vehicles; and 16.36 (6) elements of landscape architecture. 17.1 Subd. 17. [WRITTEN APPROVAL FOR CHANGE.] No substantial 17.2 change or improvement may be made to public lands or public 17.3 buildings in the capitol area without the written approval of 17.4 the board. 17.5 Subd. 18. [REQUIRED AND PERMITTED COMPETITIONS.] (a) The 17.6 board must secure plans for a new public building by a 17.7 competition. 17.8 (b) A competition also may be used for plans for a proposed 17.9 (1) comprehensive plan; (2) landscaping scheme; (3) street plan; 17.10 (4) property acquisition; or (5) change to a public building, 17.11 landscaping scheme, or street plan. 17.12 (c) The competition must be conducted under rules adopted 17.13 by the board. 17.14 (d) The competition must be of a type that meets the 17.15 competition standards of the American Institute of Architects. 17.16 Subd. 19. [STATE OWNS WINNING DESIGN.] When a design is 17.17 selected in a competition it becomes the property of the state. 17.18 Subd. 20. [PREMIUMS, COSTS.] The board may award premiums 17.19 in a competition and may pay the costs and fees required to 17.20 conduct it. 17.21 Subd. 21. [COMPETITION WAIVER.] (a) Notwithstanding 17.22 subdivision 18, the board, without a competition, may approve 17.23 plans for a project estimated to cost less than $1,000,000. 17.24 (b) The plans still must have been considered by the 17.25 advisory committee established under subdivision 24. 17.26 (c) Notwithstanding paragraph (b), the advisory committee 17.27 need not consider projects that are in conformity with the 17.28 comprehensive plan and that are: 17.29 (1) to construct a street; or 17.30 (2) estimated to cost less than $400,000. 17.31 Subd. 22. [LIGHT RAIL STATION AND ALIGNMENT.] (a) 17.32 Notwithstanding subdivision 18, an architectural competition is 17.33 not required for the design of a light rail transit station or 17.34 of light rail transit alignment within the capitol area. 17.35 (b) The board and its advisory committee must select a 17.36 preliminary design for each transit station in the capitol area. 18.1 (c) Then, each stage of a station's design through working 18.2 drawings must be reviewed by the board's advisory committee and 18.3 be approved by the board. The review and approval are to ensure 18.4 that the station's design is compatible with the comprehensive 18.5 plan and the board's design criteria. 18.6 (d) The guideway and track design of light rail transit 18.7 alignment within the capitol area also must be reviewed by the 18.8 board's advisory committee and be approved by the board. 18.9 (e) From the money available for the light rail transit 18.10 design, adequate money must be available to the board for 18.11 design-framework studies and for review of preliminary plans for 18.12 light rail transit alignment and stations in the capitol area. 18.13 Subd. 23. [NECESSITY OF ADVISORY COMMITTEE REVIEW.] The 18.14 board must not approve a plan for a new public building under 18.15 subdivision 18, 21, or 22, unless it first receives the comments 18.16 and criticism of the advisory committee established under 18.17 subdivision 24 or unless the plan is excepted from the 18.18 consideration of the advisory committee under subdivision 21. 18.19 Subd. 24. [ADVISORY COMMITTEE.] (a) A three-member 18.20 advisory committee to the CAAPB is established. Each of the 18.21 three must be either an architect or a planner. One must be 18.22 appointed by the CAAPB; one, by the state board of the arts; and 18.23 one, by the Minnesota Society of the American Institute of 18.24 Architects. 18.25 (b) The advisory committee must advise the CAAPB on all 18.26 architectural and planning matters. 18.27 (c) Notwithstanding section 15.059, subdivision 5, or other 18.28 law, the authority for appointment of an advisory committee does 18.29 not expire. 18.30 (d) An advisory committee member must not be a contestant 18.31 in a CAAPB competition. 18.32 Subd. 25. [DATA OF AND TO THE ADVISORY COMMITTEE.] (a) The 18.33 advisory committee's comments and criticism under subdivision 23 18.34 are public data under section 13.03, subdivision 1. 18.35 (b) To advise the board on all architectural and planning 18.36 matters, the advisory committee must be kept current about, and 19.1 have access to, all data relating to the capitol area as the 19.2 data is developed or being prepared. Some examples of these 19.3 types of data are plans, studies, reports, and proposals. 19.4 (c) The obligation under paragraph (b) extends to data 19.5 developed or being prepared by (1) the commissioner of 19.6 administration; (2) the commissioner of trade and economic 19.7 development; (3) the metropolitan council; (4) the city of St. 19.8 Paul; or (5) one who is an architect, planner, agency, or 19.9 organization and who is engaged in any work or planning relating 19.10 to the capitol area. 19.11 (d) Paragraph (c), clause (5), applies to all the 19.12 developers or preparers whether they are public or private and 19.13 whether or not they are retained by the board. 19.14 (e) If the data described in paragraph (b) is from a public 19.15 employee or public agency it must be filed with the board 19.16 promptly after it is prepared. 19.17 (f) The board may employ a reasonable amount of clerical 19.18 and technical help to assist the committee to do its duties. 19.19 (g) When directed by the board, the advisory committee may 19.20 serve as, or any of its members may serve on, the jury for a 19.21 competition or as the architectural advisor for a competition 19.22 under subdivision 18. 19.23 (h) The board must get the advice of its advisory committee 19.24 before selecting the architectural advisor or jurors for a 19.25 competition. 19.26 Subd. 26. [ST. PAUL'S ADVISORY DUTY.] The city of St. Paul 19.27 must advise the board. 19.28 Subd. 27. [COOPERATION WITH CITY; DTED, ARTS BOARD.] The 19.29 CAAPB must develop and maintain the comprehensive plan in close 19.30 cooperation with the trade and economic development 19.31 commissioner, St. Paul's planning department and city council, 19.32 and the state board of the arts. 19.33 Subd. 28. [AMENDMENT PREREQUISITES.] An amendment to the 19.34 comprehensive plan does not take effect until after the CAAPB: 19.35 (1) gives 90 days' notice of the amendment to the St. Paul 19.36 planning department and the state board of the arts; and 20.1 (2) conducts a public hearing on the amendment with an 20.2 opportunity for public testimony at the hearing. 20.3 Subd. 29. [CAPITOL STANDARDS, POLICIES; NOT UNDER APA.] 20.4 (a) The board and the commissioner of administration, jointly, 20.5 must have, prescribe, and periodically revise their standards 20.6 and policies on the repair, furnishing, appearance, and 20.7 cleanliness of, and change to, the public and ceremonial areas 20.8 of the capitol. 20.9 (b) The standards and policies are binding on the 20.10 commissioner. 20.11 (c) Section 14.386 and the rest of chapter 14, the 20.12 Administrative Procedure Act, do not apply to this subdivision. 20.13 Subd. 30. [CONSULT WITH HISTORICAL SOCIETY.] The board 20.14 must consult with and receive advice from the director of the 20.15 Minnesota state historical society on the historic fidelity of 20.16 plans for the capitol. 20.17 Subd. 31. [BIENNIAL REPORT TO LEGISLATURE.] (a) The board, 20.18 after consulting with the commissioner of administration, must 20.19 report to the legislature and the governor before October 2 of 20.20 each even-numbered year. 20.21 (b) The report must describe the status of implementing the 20.22 comprehensive plan. 20.23 (c) The report must also include a program for capital 20.24 improvements and site development. The commissioner of 20.25 administration must provide the necessary cost estimates for the 20.26 program. 20.27 Subd. 32. [LEGISLATURE TO GET PLAN CHANGES.] (a) A change 20.28 to the comprehensive plan that is adopted by the board must then 20.29 be reported by the board to the legislative committees with 20.30 jurisdiction over state governmental operations policy. 20.31 (b) If asked, the board must give testimony on the changes. 20.32 Subd. 33. [TESTIMONY ON MEMORIALS.] (a) The board must 20.33 give testimony to the legislature on any proposal for a memorial 20.34 in the capitol area. 20.35 (b) The testimony must deal with the proposal's 20.36 compatibility with the standards, policies, and objectives of 21.1 the comprehensive plan. 21.2 Subd. 34. [CAPITOL AREA LAND ACQUISITION.] (a) The state, 21.3 on recommendation of the board and within appropriations 21.4 available for the purpose, must acquire by gift, purchase, or 21.5 eminent domain proceedings, any real property in the capitol 21.6 area if the board finds that the property is needed to expand or 21.7 beautify the area. The acquisition may be of less than a fee 21.8 simple interest in the property. 21.9 (b) The acquisition must be made for the state by the 21.10 attorney general. 21.11 Subd. 35. [GENERAL RULEMAKING AUTHORITY.] The board may 21.12 adopt rules under chapter 14, the Administrative Procedure Act, 21.13 that it believes are needed and reasonable to accomplish the 21.14 purposes of this chapter. 21.15 Subd. 36. [WHEN DOES THE BOARD MEET?] The board must meet 21.16 at the call of the chair and may meet at other times that it 21.17 sets. 21.18 Subd. 37. [VETERANS SERVICE BUILDING TENANTS.] (a) The 21.19 commissioner of administration must assign quarters in the 21.20 veterans service building to the department of veterans 21.21 affairs. Some of what is assigned, as mutually determined with 21.22 the commissioner of veterans affairs, must be on the first floor. 21.23 (b) The commissioner of administration must also assign 21.24 space in the veterans service building to: 21.25 (1) the American Legion; 21.26 (2) Veterans of Foreign Wars; 21.27 (3) Disabled American Veterans; 21.28 (4) Military Order of the Purple Heart; 21.29 (5) Veterans of World War I; 21.30 (6) auxiliaries of the groups in clauses (1) to (5), if 21.31 incorporated in Minnesota; and 21.32 (7) as space becomes available and as the commissioner of 21.33 administration considers desirable, to other state departments 21.34 and agencies. 21.35 Subd. 38. [TERMS, PAY, REMOVAL, VACANCIES.] The membership 21.36 terms, compensation, and removal of board members and filling of 22.1 vacancies on the board are governed by section 15.0575. 22.2 Subd. 39. [ADMINISTRATIVE AND PLANNING EXPENSES.] (a) 22.3 Except as provided in paragraph (b), the state must pay the 22.4 administrative and planning expenses of the board. 22.5 (b) The administrative and planning expenses of the board 22.6 for federally funded capital expenditures must be reimbursed to 22.7 the state from the federal money as soon as it is received. 22.8 Subd. 40. [PUBLIC BODIES WITH CAPITOL AREA PROPOSALS.] (a) 22.9 Before a state agency or other public body develops, to submit 22.10 to the legislature and the governor, a budget proposal or plans 22.11 for capital improvements within the capitol area, it must 22.12 consult with the board. 22.13 (b) The public body must provide enough money for the 22.14 board's review and planning if the board decides its review and 22.15 planning services are necessary. 22.16 Subd. 41. [PREMIUM AND OTHER CAPITAL EXPENSES.] (a) The 22.17 state must pay the board's expenses for (1) competition 22.18 premiums; (2) land acquisition in the capitol area; and (3) 22.19 capital improvements in the capitol area to property owned or to 22.20 be owned by the state. 22.21 (b) A public body other than the board that has its own 22.22 expenses of the kinds described in paragraph (a), clauses (1) to 22.23 (3), must pay them itself. 22.24 Subd. 42. [PROPERTY TO AND FROM ST. PAUL.] (a) The city of 22.25 St. Paul may convey to the state, without compensation, any 22.26 property within the capitol area that is owned by the city. 22.27 (b) The state may transfer to the city, without 22.28 compensation, any property acquired for the purposes in 22.29 subdivision 1 within the street lines of streets established as 22.30 a part of the city's part of the comprehensive plan. 22.31 (c) Capitol area tax-forfeited land held by the state in 22.32 trust for its taxing subdivisions is not subject to sale or 22.33 repurchase except as provided in this subdivision and 22.34 subdivision 43 unless a law expressly changes or supersedes this 22.35 subdivision or subdivision 43 to provide otherwise. 22.36 Subd. 43. [AREA TAX-FORFEITED LANDS.] (a) This subdivision 23.1 governs the treatment of tax-forfeited lands in the capitol area. 23.2 Sections 383A.17 and 383A.76 relating to Ramsey county also may 23.3 apply. 23.4 (b)(1) When the state gains custody of a tax-forfeited 23.5 parcel in the capitol area, the state's fee ownership of the 23.6 parcel held in trust for the state's taxing subdivisions must be 23.7 recorded in the county recorder's office. 23.8 (2) Then, the Ramsey county board must submit to the CAAPB 23.9 the property description of the parcel with a list of the 23.10 structures on the parcel. 23.11 (c) Within 90 calendar days after receiving the county 23.12 board's submission, the CAAPB may either: 23.13 (1) direct the commissioner of revenue to release the 23.14 tax-forfeited parcel from the trust for the taxing subdivisions 23.15 of the state, thus vesting unencumbered title to the property in 23.16 the name of the state; or 23.17 (2) authorize the parcel to be disposed of according to 23.18 chapter 282, but only if the parcel is then used in accordance 23.19 with some or all of the standards, policies, and guidelines of 23.20 the comprehensive plan. 23.21 (d) If the CAAPB fails to act on the parcel within the 90 23.22 days, the parcel's disposition is governed by chapter 282. 23.23 (e) A conveyance under paragraph (c), clauses (1) and (2), 23.24 is subject to the restrictive easements that the CAAPB 23.25 determines to be necessary to implement the comprehensive plan. 23.26 (f) Until the parcel is released from the trust and during 23.27 the 90-day period referred to in paragraphs (c) and (d), the 23.28 county board has the authority to maintain the parcel to 23.29 minimize risk to persons and to contiguous property. 23.30 (g) If the parcel is released from the trust and conveyed 23.31 unencumbered to the state, the commissioner of administration 23.32 must maintain the parcel. 23.33 (h) When the board directs the commissioner of revenue to 23.34 release a parcel under paragraph (c), clause (1): 23.35 (1) the commissioner of revenue must release the parcel 23.36 from the trust in favor of the taxing jurisdiction of the state; 24.1 and 24.2 (2) on executing the release, the commissioner of revenue 24.3 must certify the release to the county auditor. 24.4 (i) The attorney general must prescribe the forms of the 24.5 release and the certificate described in paragraph (h). 24.6 Subd. 44. [CONVEYANCES TO ST. PAUL HRA.] (a) The board may 24.7 direct the commissioner of administration to convey a parcel to 24.8 the St. Paul housing and redevelopment agency after the parcel 24.9 vests, unencumbered, in the state under subdivision 42 or 43. 24.10 (b) The conveyance must be without compensation and made by 24.11 quitclaim deed, and is subject to any restrictive easements the 24.12 board determines to be necessary to implement the comprehensive 24.13 plan. 24.14 Subd. 45. [ELEMENTS OF FINANCIAL CONFLICT OF INTEREST.] 24.15 (a) A person has a conflict of interest under this subdivision 24.16 if: 24.17 (1) the person is a board member, or is employed or 24.18 retained by the board; 24.19 (2) the person has a financial interest in a business 24.20 enterprise or activity within the capitol area, or in 24.21 constructing or maintaining a facility within the capitol area 24.22 for the enterprise or activity; and 24.23 (3) the board's approval is in any way required by law for 24.24 the business enterprise or activity or for constructing or 24.25 maintaining the facility. 24.26 (b) For purposes of this subdivision, it does not matter 24.27 whether the financial interest mentioned in paragraph (a), 24.28 clause (2), is direct or indirect. 24.29 Subd. 46. [CONFLICT IS GROSS MISDEMEANOR.] A person who 24.30 has a conflict of interest under subdivision 45 is guilty of a 24.31 gross misdemeanor. 24.32 Subd. 47. [BOARD RULES CONTROL OUTDOOR ADVERTISING.] (a) 24.33 No advertising devices may be erected within the boundaries of 24.34 the capitol area unless done so pursuant to rules of the board. 24.35 (b) "Advertising device" means any billboard, sign, poster, 24.36 display, or other device visible to and primarily intended to 25.1 advertise or to attract, and includes: 25.2 (1) a structure erected primarily for use in connection 25.3 with the display of an advertising device; and 25.4 (2) all lighting and other attachments used in connection 25.5 with the advertising device. 25.6 (c) Advertising devices to advertise a business conducted 25.7 on the premises where the advertising is located may be 25.8 permitted and erected according to rules adopted by the board. 25.9 (d)(1) Advertising devices that do not comply with the 25.10 board's rules may be ordered by the board to be removed. 25.11 (2) The owner of the advertising device and the owner of 25.12 the real property involved must be paid just compensation for 25.13 their interests that are affected by the removal. 25.14 Subd. 48. [ADVERTISING VIOLATION IS MISDEMEANOR.] A person 25.15 who violates subdivision 47 is guilty of a misdemeanor. 25.16 Subd. 49. [ADMINISTRATION COMMISSIONER TO CONSULT ON 25.17 CAPITAL REQUESTS.] The commissioner of administration must 25.18 consult with the board about building sites and design standards 25.19 for capital budget requests in the capitol area. 25.20 Subd. 50. [PRIORITY FOR NATIVE VEGETATION.] The board, as 25.21 part of its comprehensive plan and adopted zoning rules, must 25.22 give priority to planting native trees and shrubs, or native 25.23 grasses wherever appropriate, within the capitol area. 25.24 Sec. 2. [REVISOR'S INSTRUCTIONS.] 25.25 (a) The revisor must organize the newly subdivided 25.26 Minnesota Statutes, section 15.50, into a new chapter of 25.27 Minnesota Statutes. 25.28 (b) The revisor must organize the subdivisions in this act 25.29 into several sections, as appropriate, under its powers in 25.30 Minnesota Statutes, chapter 3C. 25.31 (c) The revisor must place new subdivision 37 in an 25.32 appropriate place in Minnesota Statutes, chapter 16B. 25.33 (d) After the text is reorganized under paragraph (b), 25.34 references to Minnesota Statutes, section 15.50, that appear in 25.35 Minnesota Rules must be changed by the revisor to the 25.36 appropriate references. 26.1 (e) After the text is reorganized under paragraph (b), 26.2 references to Minnesota Statutes, section 15.50, that appear 26.3 elsewhere in Minnesota Statutes must be changed by the revisor 26.4 to the appropriate references. 26.5 Sec. 3. [NO CHANGE IN MEANING; EFFECT OF MULTIPLE 26.6 AMENDMENTS.] 26.7 (a) The legislature intends the changes in the law amended 26.8 by this act to be changes in style and form only. No change in 26.9 meaning is intended. 26.10 (b) If a provision is amended by this act and also by 26.11 another act adopted in 2003 and the provisions cannot be edited 26.12 together in Minnesota Statutes, the provision in this act is of 26.13 no effect.