Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 144-H.F.No. 974 
           An act relating to the capitol area architectural and 
          planning board; clarifying certain duties and powers 
          of the board; amending Minnesota Statutes 1992, 
          section 15.50, subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1992, section 15.50, 
subdivision 2, is amended to read: 
    Subd. 2.  [CAPITOL AREA PLAN.] (a) The board shall prepare, 
prescribe, and from time to time, after a public hearing, amend 
a comprehensive use plan for the capitol area, herein called the 
area in this subdivision, which shall initially consist consists 
of that portion of the city of Saint Paul comprehended within 
the following boundaries:  Beginning at the point of 
intersection of the centerline of the Arch-Pennsylvania freeway 
and the centerline of Marion Street, thence southerly along the 
centerline of Marion Street extended to a point 50 feet south of 
the south line of Concordia Avenue, thence southeasterly along a 
line extending 50 feet from the south line of Concordia Avenue 
to a point 125 feet from the west line of John Ireland 
Boulevard, thence southwesterly along a line extending 125 feet 
from the west line of John Ireland Boulevard to the south line 
of Dayton Avenue, thence northeasterly from the south line of 
Dayton Avenue to the west line of John Ireland Boulevard, thence 
northeasterly to the centerline of the intersection of Old 
Kellogg Boulevard and Summit Avenue, thence northeasterly along 
the centerline of Summit Avenue to the south line of the 
right-of-way of the Fifth Street ramp, thence southeasterly 
along the right-of-way of the Fifth Street ramp to the east line 
of the right-of-way of Interstate Highway 35-E, thence 
northeasterly along the east line of the right-of-way of 
Interstate Highway 35-E to the south line of the right-of-way of 
Interstate Highway 94, thence easterly along the south line of 
the right-of-way of Interstate Highway 94 to the west line of 
St. Peter Street, thence southerly to the south line of Eleventh 
Street, thence easterly along the south line of Eleventh Street 
to the west line of Cedar Street, thence southeasterly along the 
west line of Cedar Street to the centerline of Tenth Street, 
thence northeasterly along the centerline of Tenth Street to the 
centerline of Minnesota Street, thence northwesterly along the 
centerline of Minnesota Street to the centerline of Eleventh 
Street, thence northeasterly along the centerline of Eleventh 
Street to the centerline of Jackson Street, thence northwesterly 
along the centerline of Jackson Street to the centerline of the 
Arch-Pennsylvania freeway extended, thence westerly along the 
centerline of the Arch-Pennsylvania freeway extended and Marion 
Street to the point of origin.  
    Pursuant to Under the comprehensive plan, or any a portion 
thereof of it, the board may regulate, by means of zoning rules 
adopted pursuant to under the administrative procedure act, the 
kind, character, height, and location, of buildings and other 
structures constructed or used, the size of yards and open 
spaces, the percentage of lots that may be occupied, and the 
uses of land, buildings and other structures, within the area.  
To protect and enhance the dignity, beauty, and architectural 
integrity of the capitol area, the board is further empowered to 
include in its zoning rules design review procedures and 
standards with respect to any proposed construction activities 
in the capitol area significantly affecting the dignity, beauty, 
and architectural integrity of the area.  No person shall may 
undertake these construction activities as defined in the 
board's rules in the capitol area without first submitting 
construction plans to the board, obtaining a zoning permit from 
the board, and receiving a written certification from the board 
specifying that the person has complied with all design review 
procedures and standards.  Violation of the zoning rules is a 
misdemeanor.  The board may, at its option, proceed to abate any 
violation by injunction.  The board and the city of St. Paul 
shall cooperate in assuring that the area adjacent to the 
capitol area is developed in a manner that is in keeping with 
the purpose of the board and the provisions of the comprehensive 
plan.  
    (b) The commissioner of administration shall act as a 
consultant to the board with regard to the physical structural 
needs of the state.  The commissioner shall make studies and 
report the results to the board when they request it requests 
reports for their its planning purpose.  
    (c) No public building, street, parking lot, or monument, 
or other construction shall may be built or altered on any 
public lands within the area unless the plans for the same 
conforms project conform to the comprehensive use plan as 
specified in clause paragraph (d) and to the requirement for 
competitive plans as specified in clause paragraph (e).  No 
alteration substantially changing the external appearance of any 
existing public building approved in the comprehensive plan or 
the exterior or interior design of any proposed new public 
building the plans for which were secured by competition under 
clause paragraph (e), may be made without the prior consent of 
the board.  The commissioner of administration shall consult 
with the board regarding internal changes having the effect of 
substantially altering the architecture of the interior of any 
proposed building.  
    (d) The comprehensive plan shall must show the existing 
land uses and recommend future uses including:  areas for public 
taking and use; zoning for private land and criteria for 
development of public land, including building areas and, open 
spaces, monuments, and other memorials; vehicular and pedestrian 
circulation; utilities systems; vehicular storage; elements of 
landscape architecture.  No substantial alteration or 
improvement shall may be made to public lands or buildings in 
the area save with without the written approval of the board.  
    (e) The board shall secure by competitions, plans for any 
new public building.  Plans for any comprehensive plan, 
landscaping scheme, street plan, or property acquisition, 
which that may be proposed, or for any proposed alteration of 
any existing public building, landscaping scheme or street plan 
may be secured by a similar competition.  Such A competition 
shall must be conducted under rules prescribed by the board and 
may be of any type which meets the competition standards of the 
American Institute of Architects.  Designs selected shall become 
the property of the state of Minnesota, and the board may award 
one or more premiums in each such competition and may pay such 
the costs and fees as that may be required for the its conduct 
thereof.  At the option of the board, plans for projects 
estimated to cost less than $1,000,000 may be approved without 
competition provided such the plans have been considered by the 
advisory committee described in clause (f) paragraph (h).  Plans 
for projects estimated to cost less than $400,000 and for 
construction of streets need not be considered by the advisory 
committee if in conformity with the comprehensive plan.  
     (f) Notwithstanding paragraph (e), an architectural 
competition is not required for the design of any light rail 
transit station and alignment within the capitol area.  The 
board and its advisory committee shall select a preliminary 
design for any transit station in the capitol area.  Each stage 
of any station's design through working drawings must be 
reviewed by the board's advisory committee and approved by the 
board to ensure that the station's design is compatible with the 
comprehensive plan for the capitol area and the board's design 
criteria.  The guideway and track design of any light rail 
transit alignment within the capitol area must also be reviewed 
by the board's advisory committee and approved by the board. 
    (g) Of the amount available for the light rail transit 
design, adequate funds must be available to the board for design 
framework studies and review of preliminary plans for light rail 
transit alignment and stations in the capitol area. 
    (f) (h) The board shall may not adopt any plan under 
clause paragraph (e) unless it first receives the comments and 
criticism of an advisory committee of three persons, each of 
whom is either an architect or a planner, who have been selected 
and appointed as follows:  one by the board of the arts, one by 
the board, and one by the Minnesota Society of the American 
Institute of Architects.  Members of the committee shall may not 
be contestants under clause paragraph (e).  The comments and 
criticism shall must be a matter of public information.  The 
committee shall advise the board on all architectural and 
planning matters.  For that purpose:  
    (1) the committee shall must be kept currently informed 
concerning, and have access to, all data, including all plans, 
studies, reports and proposals, relating to the area as the same 
data are developed or in the process of preparation, whether by 
the commissioner of administration, the commissioner of trade 
and economic development, the metropolitan council, the city of 
Saint Paul, or by any architect, planner, agency or 
organization, public or private, retained by the board or not 
retained and engaged in any work or planning relating to the 
area., and a copy of any such data prepared by any public 
employee or agency shall must be filed with the board promptly 
upon completion; 
    (2) the board may employ such stenographic or technical 
help as that may be reasonable to assist the committee to 
perform its duties; 
    (3) when so directed by the board, the committee may serve 
as, and any member or members thereof of the committee may serve 
on, the jury or as professional advisor for any architectural 
competition., and the board shall select the architectural 
advisor and jurors for any competition with the advice of the 
committee; and 
    (4) the city of Saint Paul shall advise the board.  
    (g) (i) The comprehensive plan for the area shall must be 
developed and maintained in close cooperation with the 
commissioner of trade and economic development and, the planning 
department and the council for the city of Saint Paul, and the 
board of the arts, and no such plan or amendment thereof shall 
of a plan may be effective without 90 days' notice to the 
planning department of the city of Saint Paul and the board of 
the arts and without a public hearing with opportunity for 
public testimony.  
    (h) (j) The board and the commissioner of administration, 
jointly, shall prepare, prescribe, and from time to time revise 
standards and policies governing the repair, alteration, 
furnishing, appearance and cleanliness of the public and 
ceremonial areas of the state capitol building.  Pursuant to 
this power, The board shall consult with and receive advice from 
the director of the Minnesota state historical society regarding 
the historic fidelity of plans for the capitol building.  The 
standards and policies developed as herein provided shall be 
under this paragraph are binding upon the commissioner of 
administration.  The provisions of sections 14.02, 14.04 to 
14.36, 14.38, and 14.44 to 14.45 shall do not apply to this 
clause.  
    (i) (k) The board in consultation with the commissioner of 
administration shall prepare and submit to the legislature and 
the governor no later than October 1 of each even-numbered year 
a report on the status of implementation of the comprehensive 
plan together with a program for capital improvements and site 
development, and the commissioner of administration shall 
provide the necessary cost estimates for the program.  The board 
shall report any changes to the comprehensive plan adopted by 
the board to the committee on governmental operations and 
gambling of the house of representatives and the committee on 
governmental operations and reform of the senate and upon 
request shall provide testimony concerning the changes.  The 
board shall also provide testimony to the legislature on 
proposals for memorials in the capitol area as to their 
compatibility with the standards, policies, and objectives of 
the comprehensive plan. 
    (j) (l) The state shall, by the attorney general upon the 
recommendation of the board and within appropriations available 
for that purpose, acquire by gift, purchase, or eminent domain 
proceedings any real property situated in the area described in 
this section, and it shall may also have the power to acquire an 
interest less than a fee simple interest in the property, if it 
finds that it the property is needed for future expansion or 
beautification of the area.  
    (k) (m) The board is the successor of the state veterans' 
service building commission, and as such may adopt rules and may 
reenact the rules adopted by its predecessor under Laws 1945, 
chapter 315, and acts amendatory thereof amendments to it.  
    (l) (n) The board shall meet at the call of the chair and 
at such other times as it may prescribe.  
    (m) (o) The commissioner of administration shall assign 
quarters in the state veterans service building to (1) the 
department of veterans affairs, of which such a part as that 
the commissioner of administration and commissioner of veterans 
affairs may mutually determine shall must be on the first floor 
above the ground, and (2) the American Legion, Veterans of 
Foreign Wars, Disabled American Veterans, Military Order of the 
Purple Heart, United Spanish War Veterans, and Veterans of World 
War I, and their auxiliaries, incorporated, or when 
incorporated, under the laws of the state, and (3) as space 
becomes available, to such other state departments and agencies 
as the commissioner may deem desirable. 
    Sec. 2.  [EFFECTIVE DATE.] 
     This act is effective the day following final enactment. 
    Presented to the governor May 11, 1993 
    Signed by the governor May 13, 1993, 2:58 p.m.