USA Statutes : minnesota
Title : CAPITOL AREA
Chapter : Capitol area architectural and planning board
15B.01 Purposes of the board.
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. 15B.02 Boundary of Capitol Area.
(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. 15B.03 Board organizational matters.
Subdivision 1. 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. 2. 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. 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. 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. 6. 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. 7. 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. 15B.05 Comprehensive use plan.
Subdivision 1. Plan is required. The board must have, and prescribe for the Capitol Area, a comprehensive use plan called the comprehensive plan in this chapter.
Subd. 2. 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. 3. Construction must follow plan, have competition. No construction on public land in the Capitol Area may take place unless the comprehensive plan and the requirement for a competition under section 15B.10 are followed.
Subd. 4. Exceptions to competition. (a) Under section 15B.10, subdivision 4, the board may waive the requirement of a competition.
(b) Under section 15B.13 a competition is not required.
Subd. 5. Examples of construction. Some examples of construction under subdivision 3 are building or changing (1) a public building; (2) a street; (3) a parking lot; or (4) a monument.
Subd. 6. Plan 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. 7. Cooperation with city, DEED, arts board. The CAAPB must develop and maintain the comprehensive plan in close cooperation with the employment and economic development commissioner, St. Paul's Planning Department and City Council, and the State Board of the Arts.
Subd. 8. 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. 15B.06 Zoning rules; construction standards, design-review.
Subdivision 1. 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. 2. Construction standards and design-review. 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. 3. Violation is a misdemeanor. A person who violates a zoning rule of the board is guilty of a misdemeanor.
Subd. 4. Abatement by injunction. The board may move to abate, by injunction, a violation of its zoning rules. 15B.08 Construction process.
Subdivision 1. 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. 2. 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 section 15B.10.
Subd. 3. 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. 15B.10 Design competitions; exceptions; premiums, costs.
Subdivision 1. 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. 2. State owns winning design. When a design is selected in a competition it becomes the property of the state.
Subd. 3. Premiums, costs. The board may award premiums in a competition and may pay the costs and fees required to conduct it.
Subd. 4. Competition waiver. (a) Notwithstanding subdivision 1, paragraph (a), 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 section 15B.11.
(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. 15B.11 Advisory committee on architecture, planning.
Subdivision 1. Necessity of advisory committee review. The board must not approve a plan for a new public building under section 15B.10 or 15B.13 unless it first receives the comments and criticism of the advisory committee established under subdivision 2 or unless the plan is excepted from the consideration of the advisory committee under section 15B.10, subdivision 4, paragraph (c).
Subd. 2. 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. 3. Data of, to advisory committee. (a) The advisory committee's comments and criticism under subdivision 1 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 employment 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 section 15B.10.
(h) The board must get the advice of its advisory committee before selecting the architectural advisor or jurors for a competition. 15B.13 Light rail; stations and alignment.
(a) Notwithstanding section 15B.10, 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. 15B.15 Administration Department involvement.
Subdivision 1. 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. 2. Standards, policies on Capitol upkeep, changes. (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. 3. Must 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. 4. 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. 15B.17 Capitol Area proposals from others; expenses.
Subdivision 1. Public bodies with 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. 2. 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. 15B.19 Consultation with city; others.
Subdivision 1. 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. 2. St. Paul's advisory duty. The city of St. Paul must advise the board.
Subd. 3. 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. 15B.21 Responsibilities to legislature.
Subdivision 1. 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. 2. 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. 3. 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.
15B.22 Reserved for future use.
15B.23 Conveyances to and from St. Paul and its HRA.
Subdivision 1. Property to, 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 section 15B.01 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 section and section 15B.24 unless a law expressly changes or supersedes this section or section 15B.24 to provide otherwise.
Subd. 2. 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 this section or section 15B.24.
(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. 15B.24 Capitol Area tax-forfeited lands.
Subdivision 1. Scope; additional citations. This section governs the treatment of tax-forfeited lands in the Capitol Area. Sections 383A.17 and 383A.76 relating to Ramsey County also may apply.
Subd. 2. Recording state's trust title. 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.
Subd. 3. Parcel descriptions to CAAPB. 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.
Subd. 4. 90-day CAAPB options; default. (a) 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.
(b) If the CAAPB fails to act on the parcel within the 90 days, the parcel's disposition is governed by chapter 282.
Subd. 5. Restrictive easements. A conveyance under subdivision 4, paragraph (a), clauses (1) and (2), is subject to the restrictive easements that the CAAPB determines to be necessary to implement the comprehensive plan.
Subd. 6. Maintenance of parcel. (a) Until the parcel is released from the trust and during the 90-day period referred to in subdivision 4, the county board has the authority to maintain the parcel to minimize risk to persons and to contiguous property.
(b) If the parcel is released from the trust and conveyed unencumbered to the state, the commissioner of administration must maintain the parcel.
Subd. 7. Trust release; certification; AG forms. (a) When the board directs the commissioner of revenue to release a parcel under subdivision 4, paragraph (a), 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.
(b) The attorney general must prescribe the forms of the release and the certificate described in paragraph (a).
15B.25 Reserved for future use.
15B.26 Conflict of interest.
Subdivision 1. Elements of financial conflict. (a) A person has a conflict of interest under this section 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 section, it does not matter whether the financial interest mentioned in paragraph (a), clause (2), is direct or indirect.
Subd. 2. Conflict is gross misdemeanor. A person who has a conflict of interest under subdivision 1 is guilty of a gross misdemeanor.
15B.27 Reserved for future use.
15B.28 Control of outdoor advertising.
Subdivision 1. Board rules control. No advertising devices may be erected within the boundaries of the Capitol Area unless done so pursuant to rules of the board.
Subd. 2. Advertising device defined. "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.
Subd. 3. Advertising a business on its premises. 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.
Subd. 4. Removal of devices. Advertising devices that do not comply with the board's rules may be ordered by the board to be removed.
Subd. 5. Just compensation for owners. 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. 6. Advertising violation is misdemeanor. A person who violates this section is guilty of a misdemeanor.
15B.29 Reserved for future use.
15B.30 Reserved for future use.
15B.31 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.