Office of the Revisor of Statutes
Minnesota Session Laws - 2003, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 17-S.F.No. 768
An act relating to the capitol area architectural and
planning board; revising the text of its enabling law
to remove redundant and obsolete language, to simplify
grammar and syntax, and to improve the style of
language without changing meaning; making conforming
changes; providing revisor instructions; amending
Minnesota Statutes 2002, section 15.50.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2002, section 15.50, is
amended to read:
15.50 [CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD.]
Subdivision 1. [PURPOSE, MEMBERS, OFFICERS.] (a) The
legislature finds that the purposes of the board are to (1)
preserve and enhance the dignity, beauty and architectural
integrity of the capitol, the buildings immediately adjacent to
it, the capitol grounds, and the capitol area; (2) protect,
enhance, and increase the open spaces within the capitol area
when deemed necessary and desirable for the improvement of the
public enjoyment thereof; (3) develop proper approaches to the
capitol area for pedestrian movement, the highway system, and
mass transit system so that the area achieves its maximum
importance and accessibility; and (4) establish a flexible
framework for growth of the capitol buildings which will be in
keeping with the spirit of the original design.
(b) The capitol area architectural and planning board,
herein referred to as the board, consists of ten members. The
lieutenant governor shall be a member of the board. Four
members shall be appointed by the governor; three members, one
of whom shall be a resident of the district planning council
area containing the capitol area, shall be appointed by the
mayor of the city of Saint Paul, with the advice and consent of
the city council. The speaker of the house shall appoint a
member of the house of representatives and the president of the
senate shall appoint one senator to be members of the board.
Each person appointed to the board shall qualify by taking the
oath of office.
(c) The lieutenant governor is the chair of the board. The
attorney general is the legal advisor to the board. The board
may elect a vice-chair who may preside at meetings in the
absence of the lieutenant governor and such other officers as it
may deem necessary to carry out its duties.
(d) The board shall select an executive secretary to serve
the board. It may employ such other officers and employees as
it may deem necessary all of whom shall be in the classified
service of the state civil service. The board may contract for
professional and other similar service on such terms as it may
deem desirable.
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, called the area
in this subdivision, which consists of that portion of the city
of Saint Paul comprehended within the following boundaries:
Beginning at the point of intersection of the center line of the
Arch-Pennsylvania freeway and the center line of Marion Street,
thence southerly along the center line 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
center line of the intersection of Old Kellogg Boulevard and
Summit Avenue, thence northeasterly along the center line of
Summit Avenue to the center line of the new West Kellogg
Boulevard, thence southerly along the east line of the new West
Kellogg Boulevard, 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 Exchange Street, thence easterly
along the south line of Exchange Street to the west line of
Cedar Street, thence northerly along the west line of Cedar
Street to the center line of Tenth Street, thence northeasterly
along the center line of Tenth Street to the center line of
Minnesota Street, thence northwesterly along the center line of
Minnesota Street to the center line of Eleventh Street, thence
northeasterly along the center line of Eleventh Street to the
center line of Jackson Street, thence northwesterly along the
center line of Jackson Street to the center line of the
Arch-Pennsylvania freeway extended, thence westerly along the
center line of the Arch-Pennsylvania freeway extended and Marion
Street to the point of origin.
Under the comprehensive plan, or a portion of it, the board
may regulate, by means of zoning rules adopted 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 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 Saint 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 it requests reports for its
planning purpose.
(c) No public building, street, parking lot, or monument,
or other construction may be built or altered on any public
lands within the area unless the plans for the project conform
to the comprehensive use plan as specified in paragraph (d) and
to the requirement for competitive plans as specified in
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 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 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, open spaces, monuments,
and other memorials; vehicular and pedestrian circulation;
utilities systems; vehicular storage; elements of landscape
architecture. No substantial alteration or improvement may be
made to public lands or buildings in the area 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 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. A competition 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 become the property
of the state of Minnesota, and the board may award one or more
premiums in each competition and may pay the costs and fees that
may be required for its conduct. At the option of the board,
plans for projects estimated to cost less than $1,000,000 may be
approved without competition provided the plans have been
considered by the advisory committee described in 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.
(h) The board may not adopt any plan under 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. The authority for appointment of an advisory
committee does not expire. Members of the committee may not be
contestants under paragraph (e). The comments and criticism
must be a matter of public information. The committee shall
advise the board on all architectural and planning matters. For
that purpose, the committee 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 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 data prepared by any public employee or
agency must be filed with the board promptly upon completion.
The board may employ stenographic or technical help that
may be reasonable to assist the committee to perform its duties.
When so directed by the board, the committee may serve as,
and any member or members 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.
The city of Saint Paul shall advise the board.
(i) The comprehensive plan for the area must be developed
and maintained in close cooperation with the commissioner of
trade and economic development, the planning department and the
council for the city of Saint Paul, and the board of the arts,
and no plan or amendment 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.
(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. 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 under this paragraph are binding upon the
commissioner of administration. The provisions of chapter 14,
including section 14.386, do not apply to this paragraph.
(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.
(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 may also acquire an interest less than a
fee simple interest in the property, if it finds that the
property is needed for future expansion or beautification of the
area.
(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 amendments to it.
(n) The board shall meet at the call of the chair and at
such other times as it may prescribe.
(o) The commissioner of administration shall assign
quarters in the state veterans service building to (1) the
department of veterans affairs, of which a part that the
commissioner of administration and commissioner of veterans
affairs may mutually determine 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
other state departments and agencies as the commissioner may
deem desirable.
Subd. 2a. [MEMBERSHIP TERMS, COMPENSATION, REMOVAL,
VACANCIES.] The membership terms, compensation, removal of
members and filling of vacancies on the board shall be as
provided in section 15.0575.
Subd. 3. [ADMINISTRATIVE AND PLANNING EXPENSES.] With the
exception of the administrative and planning expenses of the
board for federally funded capital expenditures, the board's
administrative and planning expenses shall be borne by the state.
If federal money is available for capital expenditures, the
board's administrative and planning expenses must be reimbursed
to the state upon receipt of that money. State agencies and
other public bodies considering capitol area projects shall
consult with the board prior to developing plans for capital
improvements or capital budget proposals for submission to the
legislature and governor. These public agencies shall provide
adequate funds for the board's review and planning purposes if
the board determines its review and planning services are
necessary. The expenses of the board for competition premiums,
land acquisition or improvement or any other capital
expenditures in or upon properties owned or to be owned by the
state shall be borne by the state. The expenses of any other
public body for such expenditures shall be borne by the body
concerned. The city of Saint Paul may expend moneys currently
in the city of Saint Paul Capitol Approach Improvement Fund
established by Laws 1945, chapter 315, and acts amendatory
thereof for capital improvements contained in the city's
approved capital improvement budget. The budget is to be
adopted in accordance with provisions contained in the city
charter.
Subd. 6. [LAND CONVEYANCES.] (a) The city of Saint Paul
shall have the power to convey without compensation therefor to
the state any property owned by it within the boundaries of the
capitol area pursuant to the plan adopted by the board; and the
state shall have the authority to transfer to the city of Saint
Paul without compensation any property acquired by it for the
purposes of Laws 1969, chapter 1150, which lies within the
street lines of the streets to be established as a part of the
city's portion of said plan.
(b) The tax-forfeited lands which are held by the state in
trust for the several taxing subdivisions of the state and which
are within the boundaries of the capitol area as fixed by the
plan recommended to the governor by the governor's advisory
committee or by the plan adopted by the board as provided in
Laws 1969, chapter 1150, shall not, except as provided in this
subdivision, be subject to sale or repurchase under any act, now
in effect or hereafter enacted unless it shall be expressly
provided in such act that the provisions of Laws 1969, chapter
1150, shall be superseded, modified or repealed.
The following procedure shall be used with respect to the
tax-forfeited lands within the boundaries of the capitol area:
(1) When the state gains custody of the tax-forfeited lands
in the capitol area which are to be held in trust for taxing
subdivisions of the state, the Ramsey county board of
commissioners shall compile a list of these lands after the fee
ownership has been recorded in the county recorder's office and
submit the list to the board. The list shall include a property
description of the tax-forfeited parcel and a listing of the
buildings or structures thereon.
(2) Within 90 calendar days after receipt of the Ramsey
county board of commissioners' list, the board, at its
discretion, may: (i) direct the commissioner of revenue to
release the tax-forfeited parcel from the trust for the taxing
subdivision of the state, which action shall vest unencumbered
title to the property in the name of the state; or (ii)
authorize the parcel to be disposed of pursuant to chapter 282,
provided that the parcel be thereafter utilized in accord with a
portion or all of the standards, policies or guidelines in the
board's comprehensive use plan. All conveyances of property
under subclauses (i) and (ii) shall be subject to any
restrictive easements which the board may determine to be
necessary for implementation of the comprehensive plan. Any
parcel which became tax-forfeited before February 28, 1982 shall
be conveyed pursuant to this section without compensation.
(3) If the board fails to act within the prescribed 90-day
period, the tax-forfeited parcel's disposition shall be governed
by chapter 282.
(4) Unless and until the commissioner of revenue releases a
tax-forfeited parcel from the trust for the taxing subdivision
and during the aforementioned 90-day waiting period, the Ramsey
county board of commissioners is authorized to maintain the
parcel to minimize risks to persons and property contiguous to
the parcel. If the parcel is conveyed from the trust to the
state, the commissioner of administration shall assume these
maintenance responsibilities.
(d) The commissioner of revenue shall, upon application by
the board, release any lands referred to in clause (b) from the
trust in favor of the taxing subdivisions of the state. Upon
the execution of such release, the commissioner shall certify
the fact of such release to the county auditor of Ramsey
county. The forms of such release and certificate shall be
prescribed by the attorney general.
(e) Neither any member of the board, nor any person
employed or retained by the board shall have any financial
interest, direct or indirect, in any business enterprise or
activity, or in the construction or maintenance of facilities
for such enterprise or activity, within the capitol area for
which approval of the board is in any way required by law. Any
person violating the provisions of this paragraph shall be
guilty of a gross misdemeanor.
(f) At any time after acquiring a tax-forfeited parcel of
property pursuant to the provisions of this subdivision, the
board may direct the commissioner of administration to convey
the parcel of property by quitclaim deed to the city of Saint
Paul housing and redevelopment agency. The conveyance of
property shall be without compensation and shall be subject to
any restrictive easements which the board may determine to be
necessary for implementation of the comprehensive plan.
Subd. 7. [ADVERTISING.] No advertising devices may be
erected after June 10, 1969, within the boundaries of the
capitol area unless done so pursuant to reasonable rules of the
board. "Advertising device" means any billboard, sign, poster,
display or other device visible to and primarily intended to
advertise or to attract, and shall include any structure erected
primarily for use in connection with the display of any such
device and all lighting or other attachments used in connection
therewith. Advertising devices to advertise a business conducted
on the premises where the advertising device is located may be
permitted and erected in accordance with reasonable rules
established by the board. Advertising devices which do not meet
the requirements of the rules may be ordered by the board to be
removed. The owner of the advertising device and the owner of
the real property involved shall be paid just compensation for
their interests affected.
Any person who shall violate the provisions of this section
shall be guilty of a misdemeanor.
Subd. 9. [CAPITAL BUDGET REQUESTS.] For capital budget
requests in the capitol area as defined in subdivision 2,
paragraph (a), the commissioner of administration shall consult
with the capitol area architectural and planning board regarding
building sites and design standards.
Subd. 10. [NATIVE VEGETATION PLANTING.] As part of its
comprehensive plan and adopted zoning rules, the board shall
give priority to the planting of native trees and shrubs, or
native grasses wherever appropriate, within the capitol area.
Subdivision 1. [PURPOSES.] The purposes of the capitol
area architectural and planning board are:
(1) to preserve and enhance the dignity, beauty, and
architectural integrity of the capitol, the buildings
immediately adjacent to it, the capitol grounds, and the capitol
area;
(2) to protect, enhance, and increase the open spaces
within the capitol area when considered necessary and desirable
to improve the public enjoyment of them;
(3) to develop proper approaches to the capitol area for
pedestrians, the highway system, and mass transit system so that
the area achieves its maximum importance and accessibility; and
(4) to establish a flexible framework for growth of the
capitol buildings in keeping with the spirit of the original
design.
Subd. 2. [MEMBERSHIP, APPOINTERS; OATH QUALIFIES.] (a) The
capitol area architectural and planning board, called the board
or the CAAPB in this chapter, has ten members.
(b) The lieutenant governor is a member.
(c) The governor must appoint four members.
(d) The mayor of St. Paul must appoint three members with
the advice and consent of the city council. One of the mayor's
appointees must be a resident of the planning council district
that includes the capitol area.
(e) The speaker of the house must appoint a member of the
house of representatives and the president of the senate must
appoint a senator.
(f) Each appointee must qualify by taking the oath of
office.
Subd. 3. [OFFICERS; LEGAL ADVISOR.] (a) The lieutenant
governor is the chair of the board.
(b) The attorney general is the legal advisor to the board.
(c) The board may elect a vice-chair. The vice-chair may
preside at meetings in the absence of the lieutenant governor.
(d) The board may elect any other officers that it
considers necessary to carry out its duties.
Subd. 4. [EXECUTIVE SECRETARY, CLASSIFIED PERSONNEL,
CONTRACTORS.] (a) The board must appoint an executive secretary
to serve the board.
(b) The board may employ any other officers and employees
it considers necessary. Those employed under this paragraph are
in the state classified civil service.
(c) The board may contract for professional and other
similar services on the terms it considers desirable.
Subd. 5. [COMPREHENSIVE USE PLAN REQUIRED.] The board must
have, and prescribe for the capitol area, a comprehensive use
plan called the comprehensive plan in this chapter.
Subd. 6. [CAPITOL AREA DESCRIBED.] (a) The capitol area is
that part of the city of St. Paul inside the boundary described
in paragraph (b).
(b)(1) Beginning at the point of intersection of the center
line of Pennsylvania Avenue and the center line of Marion
Street;
(2) then go southerly along the center line of Marion
Street and its extension to a point 50 feet southerly of the
south curb of Concordia Avenue;
(3) then, southeasterly along a line 50 feet southerly of,
and parallel with, the south curb of Concordia Avenue to a point
125 feet westerly of the west curb of southbound John Ireland
Boulevard;
(4) then, southwesterly along a line 125 feet westerly of,
and parallel with, the west curb of southbound John Ireland
Boulevard to the south curb of Dayton Avenue;
(5) then, easterly along the south curb of Dayton Avenue to
the west curb of southbound John Ireland Boulevard;
(6) then, northeasterly in a straight line to the
intersection of the center line of Old Kellogg Boulevard and the
center line of Summit Avenue;
(7) then, northeasterly along the center line of Summit
Avenue to the center line of eastbound new West Kellogg
Boulevard;
(8) then, southeasterly along the center line of eastbound
and then, southbound new West Kellogg Boulevard to the easterly
right-of-way line of Interstate Highway 35-E;
(9) then, northeasterly along the easterly right-of-way
line of Interstate Highway 35-E to the southerly right-of-way
line of Interstate Highway 94;
(10) then, easterly along the southerly right-of-way line
of Interstate Highway 94 to the west curb of St. Peter Street;
(11) then, southeasterly along the west curb of St. Peter
Street to the south curb of Exchange Street;
(12) then, northeasterly along the south curb of Exchange
Street to the west curb of Cedar Street;
(13) then, northwesterly along the west curb of Cedar
Street to the center line of Tenth Street;
(14) then, northeasterly along the center line of Tenth
Street to the center line of Minnesota Street;
(15) then, northwesterly along the center line of Minnesota
Street to the center line of Eleventh Street;
(16) then, northeasterly along the center line of Eleventh
Street to the center line of Jackson Street;
(17) then, northerly along the center line of Jackson
Street to the center line of Pennsylvania Avenue;
(18) then, westerly along the center line of Pennsylvania
Avenue and its extension to the point of beginning.
Subd. 7. [BOARD MAY ADOPT ZONING RULES.] (a) Under the
comprehensive plan, the board may regulate in the capitol area:
(1) the kind, character, height, and location of buildings
and other structures;
(2) the size of yards and open spaces;
(3) the percentage of lots to be occupied; and
(4) the uses of land, buildings, and other structures.
(b) The regulation must be done by zoning rules adopted
under chapter 14, the Administrative Procedure Act.
Subd. 8. [CONSTRUCTION STANDARDS AND DESIGN-REVIEW
PROCEDURES.] The board, in its zoning rules, may include
standards and design-review procedures for proposed construction
in the capitol area that significantly affect the area's
dignity, beauty, and architectural integrity.
Subd. 9. [PREREQUISITES TO CONSTRUCTION.] (a) A person
must not begin construction in the capitol area until after
completing the steps in paragraph (b).
(b) The person must:
(1) submit the construction plans to the board;
(2) secure a zoning permit from the board; and
(3) secure a certificate from the board stating that the
person has complied with the board's standards and design-review
procedures.
(c) The board must define construction in its rules.
Subd. 10. [ZONING VIOLATION IS A MISDEMEANOR.] A person
who violates a zoning rule of the board is guilty of a
misdemeanor.
Subd. 11. [ABATEMENT BY INJUNCTION.] The board may move to
abate, by injunction, a violation of its zoning rules.
Subd. 12. [HARMONIZE NEARBY DEVELOPMENT.] The board and
the city of St. Paul must cooperate to ensure that the area
adjacent to the capitol area is developed in keeping with the
purposes of the board and with the comprehensive plan.
Subd. 13. [ADMINISTRATION COMMISSIONER MUST CONSULT, DO
STUDIES.] The commissioner of administration must:
(1) act as a consultant to the board on the physical
structural needs of the state; and
(2) do studies and report the results to the board when the
board requests reports for its planning.
Subd. 14. [NEED TO FOLLOW COMPREHENSIVE PLAN, HAVE
COMPETITION.] (a) No construction on public land in the capitol
area may take place unless the comprehensive plan and the
requirement for a competition under subdivision 18 are
followed. However, under subdivision 21 the board may waive the
requirement of a competition; and under subdivision 22 a
competition is not required.
(b) Some examples of construction under paragraph (a) are
building or changing (1) a public building; (2) a street; (3) a
parking lot; or (4) a monument.
Subd. 15. [BOARD MUST PREAPPROVE CHANGES.] No substantial
change to what is described in clause (1) or (2) may be made
until after the board consents to the change:
(1) the external appearance of a public building existing
before July 1, 1967, that is approved in the comprehensive plan;
or
(2) the exterior or interior design of a new public
building proposed after April 11, 1974, whose plans are secured
by competition under subdivision 18.
Subd. 15a. [CHANGES AFFECTING INTERIOR ARCHITECTURE.] The
commissioner of administration must consult with the board about
internal changes that bring about substantial changes to the
architecture of the interior of a proposed building.
Subd. 16. [COMPREHENSIVE PLAN MUST SHOW LAND USES.] The
comprehensive plan must show the current uses and recommend
future uses of land including, but not limited to:
(1) areas for public taking and use;
(2) zoning for private land and criteria for development of
public land, including, but not limited to, building areas, open
spaces, and monuments and other memorials;
(3) circulation of vehicles and pedestrians;
(4) utility systems;
(5) storage of vehicles; and
(6) elements of landscape architecture.
Subd. 17. [WRITTEN APPROVAL FOR CHANGE.] No substantial
change or improvement may be made to public lands or public
buildings in the capitol area without the written approval of
the board.
Subd. 18. [REQUIRED AND PERMITTED COMPETITIONS.] (a) The
board must secure plans for a new public building by a
competition.
(b) A competition also may be used for plans for a proposed
(1) comprehensive plan; (2) landscaping scheme; (3) street plan;
(4) property acquisition; or (5) change to a public building,
landscaping scheme, or street plan.
(c) The competition must be conducted under rules adopted
by the board.
(d) The competition must be of a type that meets the
competition standards of the American Institute of Architects.
Subd. 19. [STATE OWNS WINNING DESIGN.] When a design is
selected in a competition it becomes the property of the state.
Subd. 20. [PREMIUMS, COSTS.] The board may award premiums
in a competition and may pay the costs and fees required to
conduct it.
Subd. 21. [COMPETITION WAIVER.] (a) Notwithstanding
subdivision 18, the board, without a competition, may approve
plans for a project estimated to cost less than $1,000,000.
(b) The plans still must have been considered by the
advisory committee established under subdivision 24.
(c) Notwithstanding paragraph (b), the advisory committee
need not consider projects that are in conformity with the
comprehensive plan and that are:
(1) to construct a street; or
(2) estimated to cost less than $400,000.
Subd. 22. [LIGHT RAIL STATION AND ALIGNMENT.] (a)
Notwithstanding subdivision 18, an architectural competition is
not required for the design of a light rail transit station or
of light rail transit alignment within the capitol area.
(b) The board and its advisory committee must select a
preliminary design for each transit station in the capitol area.
(c) Then, each stage of a station's design through working
drawings must be reviewed by the board's advisory committee and
be approved by the board. The review and approval are to ensure
that the station's design is compatible with the comprehensive
plan and the board's design criteria.
(d) The guideway and track design of light rail transit
alignment within the capitol area also must be reviewed by the
board's advisory committee and be approved by the board.
(e) From the money available for the light rail transit
design, adequate money must be available to the board for
design-framework studies and for review of preliminary plans for
light rail transit alignment and stations in the capitol area.
Subd. 23. [NECESSITY OF ADVISORY COMMITTEE REVIEW.] The
board must not approve a plan for a new public building under
subdivision 18, 21, or 22, unless it first receives the comments
and criticism of the advisory committee established under
subdivision 24 or unless the plan is excepted from the
consideration of the advisory committee under subdivision 21.
Subd. 24. [ADVISORY COMMITTEE.] (a) A three-member
advisory committee to the CAAPB is established. Each of the
three must be either an architect or a planner. One must be
appointed by the CAAPB; one, by the state board of the arts; and
one, by the Minnesota Society of the American Institute of
Architects.
(b) The advisory committee must advise the CAAPB on all
architectural and planning matters.
(c) Notwithstanding section 15.059, subdivision 5, or other
law, the authority for appointment of an advisory committee does
not expire.
(d) An advisory committee member must not be a contestant
in a CAAPB competition.
Subd. 25. [DATA OF AND TO THE ADVISORY COMMITTEE.] (a) The
advisory committee's comments and criticism under subdivision 23
are public data under section 13.03, subdivision 1.
(b) To advise the board on all architectural and planning
matters, the advisory committee must be kept current about, and
have access to, all data relating to the capitol area as the
data is developed or being prepared. Some examples of these
types of data are plans, studies, reports, and proposals.
(c) The obligation under paragraph (b) extends to data
developed or being prepared by (1) the commissioner of
administration; (2) the commissioner of trade and economic
development; (3) the metropolitan council; (4) the city of St.
Paul; or (5) one who is an architect, planner, agency, or
organization and who is engaged in any work or planning relating
to the capitol area.
(d) Paragraph (c), clause (5), applies to all the
developers or preparers whether they are public or private and
whether or not they are retained by the board.
(e) If the data described in paragraph (b) is from a public
employee or public agency it must be filed with the board
promptly after it is prepared.
(f) The board may employ a reasonable amount of clerical
and technical help to assist the committee to do its duties.
(g) When directed by the board, the advisory committee may
serve as, or any of its members may serve on, the jury for a
competition or as the architectural advisor for a competition
under subdivision 18.
(h) The board must get the advice of its advisory committee
before selecting the architectural advisor or jurors for a
competition.
Subd. 26. [ST. PAUL'S ADVISORY DUTY.] The city of St. Paul
must advise the board.
Subd. 27. [COOPERATION WITH CITY; DTED, ARTS BOARD.] The
CAAPB must develop and maintain the comprehensive plan in close
cooperation with the trade and economic development
commissioner, St. Paul's planning department and city council,
and the state board of the arts.
Subd. 28. [AMENDMENT PREREQUISITES.] An amendment to the
comprehensive plan does not take effect until after the CAAPB:
(1) gives 90 days' notice of the amendment to the St. Paul
planning department and the state board of the arts; and
(2) conducts a public hearing on the amendment with an
opportunity for public testimony at the hearing.
Subd. 29. [CAPITOL STANDARDS, POLICIES; NOT UNDER APA.]
(a) The board and the commissioner of administration, jointly,
must have, prescribe, and periodically revise their standards
and policies on the repair, furnishing, appearance, and
cleanliness of, and change to, the public and ceremonial areas
of the capitol.
(b) The standards and policies are binding on the
commissioner.
(c) Section 14.386 and the rest of chapter 14, the
Administrative Procedure Act, do not apply to this subdivision.
Subd. 30. [CONSULT WITH HISTORICAL SOCIETY.] The board
must consult with and receive advice from the director of the
Minnesota state historical society on the historic fidelity of
plans for the capitol.
Subd. 31. [BIENNIAL REPORT TO LEGISLATURE.] (a) The board,
after consulting with the commissioner of administration, must
report to the legislature and the governor before October 2 of
each even-numbered year.
(b) The report must describe the status of implementing the
comprehensive plan.
(c) The report must also include a program for capital
improvements and site development. The commissioner of
administration must provide the necessary cost estimates for the
program.
Subd. 32. [LEGISLATURE TO GET PLAN CHANGES.] (a) A change
to the comprehensive plan that is adopted by the board must then
be reported by the board to the legislative committees with
jurisdiction over state governmental operations policy.
(b) If asked, the board must give testimony on the changes.
Subd. 33. [TESTIMONY ON MEMORIALS.] (a) The board must
give testimony to the legislature on any proposal for a memorial
in the capitol area.
(b) The testimony must deal with the proposal's
compatibility with the standards, policies, and objectives of
the comprehensive plan.
Subd. 34. [CAPITOL AREA LAND ACQUISITION.] (a) The state,
on recommendation of the board and within appropriations
available for the purpose, must acquire by gift, purchase, or
eminent domain proceedings, any real property in the capitol
area if the board finds that the property is needed to expand or
beautify the area. The acquisition may be of less than a fee
simple interest in the property.
(b) The acquisition must be made for the state by the
attorney general.
Subd. 35. [GENERAL RULEMAKING AUTHORITY.] The board may
adopt rules under chapter 14, the Administrative Procedure Act,
that it believes are needed and reasonable to accomplish the
purposes of this chapter.
Subd. 36. [WHEN DOES THE BOARD MEET?] The board must meet
at the call of the chair and may meet at other times that it
sets.
Subd. 37. [VETERANS SERVICE BUILDING TENANTS.] (a) The
commissioner of administration must assign quarters in the
veterans service building to the department of veterans
affairs. Some of what is assigned, as mutually determined with
the commissioner of veterans affairs, must be on the first floor.
(b) The commissioner of administration must also assign
space in the veterans service building to:
(1) the American Legion;
(2) Veterans of Foreign Wars;
(3) Disabled American Veterans;
(4) Military Order of the Purple Heart;
(5) Veterans of World War I;
(6) auxiliaries of the groups in clauses (1) to (5), if
incorporated in Minnesota; and
(7) as space becomes available and as the commissioner of
administration considers desirable, to other state departments
and agencies.
Subd. 38. [TERMS, PAY, REMOVAL, VACANCIES.] The membership
terms, compensation, and removal of board members and filling of
vacancies on the board are governed by section 15.0575.
Subd. 39. [ADMINISTRATIVE AND PLANNING EXPENSES.] (a)
Except as provided in paragraph (b), the state must pay the
administrative and planning expenses of the board.
(b) The administrative and planning expenses of the board
for federally funded capital expenditures must be reimbursed to
the state from the federal money as soon as it is received.
Subd. 40. [PUBLIC BODIES WITH CAPITOL AREA PROPOSALS.] (a)
Before a state agency or other public body develops, to submit
to the legislature and the governor, a budget proposal or plans
for capital improvements within the capitol area, it must
consult with the board.
(b) The public body must provide enough money for the
board's review and planning if the board decides its review and
planning services are necessary.
Subd. 41. [PREMIUM AND OTHER CAPITAL EXPENSES.] (a) The
state must pay the board's expenses for (1) competition
premiums; (2) land acquisition in the capitol area; and (3)
capital improvements in the capitol area to property owned or to
be owned by the state.
(b) A public body other than the board that has its own
expenses of the kinds described in paragraph (a), clauses (1) to
(3), must pay them itself.
Subd. 42. [PROPERTY TO AND FROM ST. PAUL.] (a) The city of
St. Paul may convey to the state, without compensation, any
property within the capitol area that is owned by the city.
(b) The state may transfer to the city, without
compensation, any property acquired for the purposes in
subdivision 1 within the street lines of streets established as
a part of the city's part of the comprehensive plan.
(c) Capitol area tax-forfeited land held by the state in
trust for its taxing subdivisions is not subject to sale or
repurchase except as provided in this subdivision and
subdivision 43 unless a law expressly changes or supersedes this
subdivision or subdivision 43 to provide otherwise.
Subd. 43. [AREA TAX-FORFEITED LANDS.] (a) This subdivision
governs the treatment of tax-forfeited lands in the capitol area.
Sections 383A.17 and 383A.76 relating to Ramsey county also may
apply.
(b)(1) When the state gains custody of a tax-forfeited
parcel in the capitol area, the state's fee ownership of the
parcel held in trust for the state's taxing subdivisions must be
recorded in the county recorder's office.
(2) Then, the Ramsey county board must submit to the CAAPB
the property description of the parcel with a list of the
structures on the parcel.
(c) Within 90 calendar days after receiving the county
board's submission, the CAAPB may either:
(1) direct the commissioner of revenue to release the
tax-forfeited parcel from the trust for the taxing subdivisions
of the state, thus vesting unencumbered title to the property in
the name of the state; or
(2) authorize the parcel to be disposed of according to
chapter 282, but only if the parcel is then used in accordance
with some or all of the standards, policies, and guidelines of
the comprehensive plan.
(d) If the CAAPB fails to act on the parcel within the 90
days, the parcel's disposition is governed by chapter 282.
(e) A conveyance under paragraph (c), clauses (1) and (2),
is subject to the restrictive easements that the CAAPB
determines to be necessary to implement the comprehensive plan.
(f) Until the parcel is released from the trust and during
the 90-day period referred to in paragraphs (c) and (d), the
county board has the authority to maintain the parcel to
minimize risk to persons and to contiguous property.
(g) If the parcel is released from the trust and conveyed
unencumbered to the state, the commissioner of administration
must maintain the parcel.
(h) When the board directs the commissioner of revenue to
release a parcel under paragraph (c), clause (1):
(1) the commissioner of revenue must release the parcel
from the trust in favor of the taxing jurisdiction of the state;
and
(2) on executing the release, the commissioner of revenue
must certify the release to the county auditor.
(i) The attorney general must prescribe the forms of the
release and the certificate described in paragraph (h).
Subd. 44. [CONVEYANCES TO ST. PAUL HRA.] (a) The board may
direct the commissioner of administration to convey a parcel to
the St. Paul housing and redevelopment agency after the parcel
vests, unencumbered, in the state under subdivision 42 or 43.
(b) The conveyance must be without compensation and made by
quitclaim deed, and is subject to any restrictive easements the
board determines to be necessary to implement the comprehensive
plan.
Subd. 45. [ELEMENTS OF FINANCIAL CONFLICT OF INTEREST.]
(a) A person has a conflict of interest under this subdivision
if:
(1) the person is a board member, or is employed or
retained by the board;
(2) the person has a financial interest in a business
enterprise or activity within the capitol area, or in
constructing or maintaining a facility within the capitol area
for the enterprise or activity; and
(3) the board's approval is in any way required by law for
the business enterprise or activity or for constructing or
maintaining the facility.
(b) For purposes of this subdivision, it does not matter
whether the financial interest mentioned in paragraph (a),
clause (2), is direct or indirect.
Subd. 46. [CONFLICT IS GROSS MISDEMEANOR.] A person who
has a conflict of interest under subdivision 45 is guilty of a
gross misdemeanor.
Subd. 47. [BOARD RULES CONTROL OUTDOOR ADVERTISING.] (a)
No advertising devices may be erected within the boundaries of
the capitol area unless done so pursuant to rules of the board.
(b) "Advertising device" means any billboard, sign, poster,
display, or other device visible to and primarily intended to
advertise or to attract, and includes:
(1) a structure erected primarily for use in connection
with the display of an advertising device; and
(2) all lighting and other attachments used in connection
with the advertising device.
(c) Advertising devices to advertise a business conducted
on the premises where the advertising is located may be
permitted and erected according to rules adopted by the board.
(d)(1) Advertising devices that do not comply with the
board's rules may be ordered by the board to be removed.
(2) The owner of the advertising device and the owner of
the real property involved must be paid just compensation for
their interests that are affected by the removal.
Subd. 48. [ADVERTISING VIOLATION IS MISDEMEANOR.] A person
who violates subdivision 47 is guilty of a misdemeanor.
Subd. 49. [ADMINISTRATION COMMISSIONER TO CONSULT ON
CAPITAL REQUESTS.] The commissioner of administration must
consult with the board about building sites and design standards
for capital budget requests in the capitol area.
Subd. 50. [PRIORITY FOR NATIVE VEGETATION.] The board, as
part of its comprehensive plan and adopted zoning rules, must
give priority to planting native trees and shrubs, or native
grasses wherever appropriate, within the capitol area.
Sec. 2. [REVISOR'S INSTRUCTIONS.]
(a) The revisor must organize the newly subdivided
Minnesota Statutes, section 15.50, into a new chapter of
Minnesota Statutes.
(b) The revisor must organize the subdivisions in this act
into several sections, as appropriate, under its powers in
Minnesota Statutes, chapter 3C.
(c) The revisor must place new subdivision 37 in an
appropriate place in Minnesota Statutes, chapter 16B.
(d) After the text is reorganized under paragraph (b),
references to Minnesota Statutes, section 15.50, that appear in
Minnesota Rules must be changed by the revisor to the
appropriate references.
(e) After the text is reorganized under paragraph (b),
references to Minnesota Statutes, section 15.50, that appear
elsewhere in Minnesota Statutes must be changed by the revisor
to the appropriate references.
Sec. 3. [NO CHANGE IN MEANING; EFFECT OF MULTIPLE
AMENDMENTS.]
(a) The legislature intends the changes in the law amended
by this act to be changes in style and form only. No change in
meaning is intended.
(b) If a provision is amended by this act and also by
another act adopted in 2003 and the provisions cannot be edited
together in Minnesota Statutes, the provision in this act is of
no effect.
Presented to the governor April 16, 2003
Signed by the governor April 17, 2003, 10:45 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes