2002 Minnesota Statutes

     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. 4.  Repealed, 1974 c 580 s 18 

    Subd. 5. Repealed, 1996 c 463 s 61 

    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. 

    (c) Repealed, 1974 c 435 art 6 s 1 

    (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. 8.  Repealed, 1974 c 580 s 18 

    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. 

    HIST: Ex1967 c 13 s 13; 1969 c 399 s 1; 1969 c 1150 s 1-6; 
 1971 c 25 s 9,10; 1971 c 926 s 1-3; 1973 c 501 s 1; 1973 c 582 s 
 3; 1974 c 580 s 4-7; 1975 c 271 s 6; 1976 c 134 s 6,7; 1976 c 
 234 s 6; 1976 c 239 s 129,130; 1977 c 410 s 2; 1980 c 614 s 
 47,48; 1981 c 301 s 5; 1981 c 356 s 89,248; 1Sp1981 c 4 art 2 s 
 2; 1982 c 422 s 1; 1982 c 424 s 130; 1983 c 289 s 115 subd 1; 
 1983 c 305 s 11; 1985 c 248 s 70; 1Sp1985 c 13 s 90; 1Sp1985 c 
 15 s 31; 1986 c 444; 1987 c 312 art 1 s 26 subd 2; 1989 c 335 
 art 1 s 57; 1990 c 426 art 1 s 7,8; 1991 c 345 art 1 s 49,50; 
 1993 c 144 s 1; 1993 c 369 s 37; 1994 c 632 art 4 s 18; 1995 c 
 220 s 24; 1995 c 233 art 2 s 56; 1995 c 254 art 1 s 42; 1997 c 
 187 art 5 s 7; 1999 c 250 art 1 s 44; 2001 c 161 s 3