Minnesota Administrative Rules
Agency 118 - Capitol Area Architectural and Planning Board
Chapter 2400 - CAPITOL AREA ZONING AND DESIGN
Part 2400.2703 - STANDARDS FOR COMMEMORATIVE ARTWORK.
Universal Citation: MN Rules 2400.2703
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Guiding principles for commemorative artwork.
A. The collection of commemorative artwork on
the Capitol grounds must reflect the state's diverse history and
people.
B. The board must:
(1) provide for public input, public access,
and transparency in making decisions about commemorative artwork on the Capitol
grounds; and
(2) review existing
commemorative artwork as needed or every ten years to:
(a) gather public input regarding the
commemorative artwork collection; and
C. All decisions about commemorative artwork
must account for the historic, architectural, and artistic integrity of the
Capitol building and grounds.
Subp. 2. Conditions for adding new artwork.
The board must consider displaying new commemorative artwork in the Capitol area if the artwork meets all of the following conditions:
A. there has been
documented public support of the artwork;
B. the artwork has lasting statewide
significance for Minnesotans;
C.
the artwork is respectful of the diversity of Minnesotans;
D. viewing the artwork provides a rich
experience to broaden the understanding of Minnesota's shared history,
heritage, and culture; and
E. if an
individual is the subject of an artwork, the individual must:
(1) have lived in Minnesota or the
geographical area now identified as Minnesota for at least five years during
the individual's life;
(2) have
historical significance;
(3) be
renowned and admired by Minnesotans; and
(4) have been deceased for at least ten
years.
Subp.3. Application and review process for new artwork.
A. An applicant requesting placement of a new
commemorative artwork in the Capitol area must submit an addition request to
the board using the form available on the board website. The board website must
provide clear and accessible instructions for completing the application form.
Within ten calendar days of the board's receipt of an addition request, board
staff must determine whether the application form is complete and inform the
applicant of that determination. If board staff find that the application is
incomplete, board staff must advise the applicant that the application is
incomplete and identify what information is missing to the applicant.
B. Once board staff determine that an
application is complete, board staff must review the addition request and
analyze whether the request meets all of the conditions in subpart 2. Board
staff shall prepare a written report of the staff's findings.
C. Board staff must post a summary of the
addition request and the board staff report on the board website. The posting
must include timely updates about the application's status, opportunities for
public input, and meetings of the board at which the application shall be
discussed or voted upon.
D. After
the staff report is posted on the board website, the board must open a 30-day
public comment period and direct board staff to host or cohost at least one
public meeting to gather input on whether the addition request meets all of the
conditions in subpart 2. The public meeting may be hosted, organized, and
managed according to subpart 10.
E.
When the 30-day public comment period and public meeting are complete, board
staff shall prepare a written summary of the public comments that the board
received and provide a recommendation to the board on whether to accept the
application and proceed to the next step in the project review process or
reject the application for failing to meet all of the conditions in subpart 2.
The board shall meet and host a public hearing to consider the addition
request, staff report and recommendation, and public comments that the board
received. The board shall determine whether the addition request meets all of
the conditions in subpart 2 and may advance for further review. A majority vote
of the full board is required to accept the application and advance the
application for further review.
(1) If the
board accepts an addition request application, board staff must notify the
applicant and the Department of Administration within 14 calendar days of the
board's vote accepting the application for further review.
(2) If the board rejects an addition request
application for failing to meet all of the conditions in subpart 2, board staff
must notify the applicant in writing within 14 calendar days of the board's
vote rejecting the application and provide the applicant with reasons for the
rejection.
F. After an
addition request application is accepted by the board for further review, board
staff and the board's architectural advisers must conduct a site selection
study with the applicant . The Department of Administration must review and
comment on proposed sites for the commemorative artwork. Board staff and the
board's architectural advisers must recommend a site for the proposed artwork
to the full board based on the criteria for the location of new artwork in
subpart 4.
G. After board staff and
the board's architectural advisers identify a site for the proposed
commemorative artwork, the board shall meet to determine whether the proposed
location meets all of the criteria in subpart 4. After an opportunity to hear
public comments at the board meeting, the board shall vote on the location of
the commemorative artwork. A majority vote of the full board is required to
accept a site location for any new commemorative artwork. The board must notify
the applicant in writing of the board's site selection decision within 14
calendar days of the meeting.
H. If
the board accepts the addition request application and approves of the
artwork's location, the applicant must raise money or otherwise pay for the
cost of completing the design process.
I. The applicant must work with board staff
and the board's architectural advisers to develop a design framework document
that includes:
(4) the plan for informing and
engaging key stakeholders and members of the public during the design process;
and
(5) additional design process
guidelines , including the composition of the design selection group, designer
qualifications, the criteria that the design selection group must use, and
submission requirements.
J. In accordance with Minnesota Statutes,
section
15B.21,
subdivision 3, the board must provide testimony to the legislature on any
commemorative artwork proposal in the Capitol area seeking an appropriation of
funding. The applicant may be asked to testify about the applicant's proposal.
This testimony must address the proposal's alignment with the design objectives
of the Comprehensive Plan for the Minnesota Capitol Area, which is incorporated
by reference, is not subject to frequent change, and is available on the
Capitol Area Architectural and Planning Board website.
K. Using the design framework developed
according to item I and the design objectives in the Comprehensive Plan for the
Minnesota Capitol Area incorporated by reference under item J, the board must
initiate either an open solicitation for design proposals or a request for
qualification process to select a designer or design concept through the
competitive process outlined in the design framework and in accordance with the
following steps:
(1) The board must assemble
a design review group to assist the board with selecting a design, designer ,
or design concept. The design review group must include :
(a) the applicant;
(b) two board members;
(c) two or three architectural advisers
;
(d) one person appointed by the
commissioner of the Department of Administration;
(e) a representative from the Minnesota
Historical Society staff ;
(f) two
professionals appointed by the board that are experienced in the fields of
visual art, public art, art history, architecture, or history;
(g) two members of the public appointed by
the board;
(h) up to five
additional committee members appointed by the board as needed for professional
expertise; and
(i) board staff to
oversee and support the committee's work.
(2) The design review group must review the
design proposals, designer applications, or design concept applications and
vote for a design, designer , or design concept to recommend to the
board.
(3) After considering the
design review group's recommendation, the board must vote to approve or reject
the design review group's recommendation. A majority vote of the board is
required to accept a design, designer, or design concept.
L. Upon selection of a designer and design
concept by the design review group but before design and construction begin,
the applicant must deposit with the Department of Administration enough money
to complete the project as designed and an amount equal to 20 percent of the
total estimated construction costs to cover the cost of operation, repairs, and
maintenance of the work over time. Board staff shall be available to provide
testimony to the legislature under Minnesota Statutes, section
15B.21,
subdivision 3, but shall not raise money for the applicant.
M. After project costs are deposited with the
Department of Administration as required under this subpart, board staff and
advisers, a designer or artist, an applicant committee, and a Department of
Administration project manager must form a working group to monitor the design
framework and budget during the schematic design and design development phases.
With guidance from the working group, the selected designer must enter into a
contract with the Department of Administration that includes a project timeline
and budget.
N. The selected
designer must proceed with the schematic design and design development phases
of the design process with regular working group reviews. The board must
approve the project's design framework, final schematic design , and design
development . The final schematic design must comply with the project's design
framework, the Comprehensive Plan for the Minnesota Capitol Area, and all parts
of this rule. After board approval of the final schematic design and design
development, the project may proceed with construction documents and bidding
under the guidance of the Department of Administration. The board executive
secretary is authorized to review construction documents for consistency with
the schematic design and design development that have been approved by the
board.
Subp. 4. Criteria for determining location of new artwork.
The board must use the following criteria to evaluate the proposed location for a commemorative artwork in the Capitol area:
A. The site of the proposed location must be
visible to people nearby and accessible to all members of the public.
B. The scale of the artwork must fit the
artwork's location, providing familiarity to the viewer while not being
overpowering. The artwork's size must not detract from the Capitol. The board
must consider the artwork's visual and spatial relationships to the artwork's
surroundings.
C. The use of the
site must not interfere with any existing artwork.
D. The use of the site must maintain and
protect existing open space and the space's public use.
E. The location must follow all applicable
zoning, environmental, code, and public safety rules and regulations.
F. The artwork must fit within the thematic
organization of the Capitol grounds and comply with the design objectives of
the Comprehensive Plan for the Minnesota Capitol Area, which is incorporated by
reference in subpart 3, item J. The board must consider the site's relationship
to other artwork and the Capitol.
Subp. 5. Criteria for design of new or modified artwork
The board must use the following criteria to evaluate and guide the design of a proposed new or modified commemorative artwork:
A. The artwork must encourage engagement with
the public and provide amenities such as seating.
B. The design and setting of an artwork must
consider climatic elements like sunlight, shade, wind, and the varied Minnesota
seasons.
C. An artwork must seek to
enhance the beauty of the Capitol area, while respecting the State Capitol's
art and architecture. An artwork must embrace a design scheme that complements
the Capitol area's historic features.
D. An artwork's illumination must not compete
with or distract from the sight of the Capitol. If an artwork uses evening
illumination, the artwork must integrate the illumination into the artwork's
design and not obstruct the view of other artwork.
E. The landscape design of an artwork must
incorporate hardy, low-maintenance plantings that are not prone to
overgrowth.
F. The intended message
of the artwork must be clear and understandable. The artwork must convey a
meaning of enduring value for future generations. The artwork may incorporate
signage.
G. Materials for the
artwork must be visible to people nearby, durable, and compatible with the
artwork's setting. To address durability concerns, the board must give
preference to an artwork made of bronze over stainless steel. The board must
give preference to an artwork using stone, such as granite or limestone, for
key features, vertical elements, flooring, and surfaces. If an artwork uses
concrete, the board must consider the artwork's color, texture, scoring,
aggregate, and density. An artwork must not include metal seating that could
cause burns.
H. The proposed
artwork must not interfere with any existing artwork. Any element of the
artwork other than trees must not exceed 20 feet in height.
I. The size of the artwork must reflect the
artwork's importance and adhere to the design objectives in the Comprehensive
Plan for the Minnesota Capitol Area, which is incorporated by reference in
subpart 3, item J. Due to the limited open space on the Capitol grounds, the
board must give preference to smaller commemorative artwork.
J. A freestanding artwork must affect the
space in which the artwork stands. The size of the surrounding spatial envelope
must be compatible with the scale of the artwork.
K. The artwork's design, construction,
materials sourcing, and maintenance must conserve energy and water
resources.
L. The design and
placement of an artwork must consider contextual issues, such as the artwork's
orientation and background. The artwork's height and scale must be appropriate
to the artwork's location on the Capitol mall.
Subp. 6. Conditions for modification or removal of an existing artwork.
The board must consider requests for the modification or removal of an existing commemorative artwork if one or more of the following conditions apply:
A. there has been
sustained, broad-based, and documented public objection to the
artwork;
B. the artwork conflicts
with the guiding principles in subpart 1, item A;
C. the artwork has faults in construction or
requires maintenance such that the Department of Administration is unable to
properly care for or store the artwork;
D. the site for the artwork is no longer
safely accessible to the public or is due to be demolished; or
E. significant changes in the use, character,
or design of the site require a re-evaluation of the relationship of the
artwork to the site.
Subp.7. Application and review process for modification or removal of an existing artwork.
A. An applicant requesting the modification
or removal of a commemorative artwork in the Capitol area must submit a
modification or removal request to the board using the application form
available on the board website. The board website must provide clear and
accessible instructions for completing the application form. Within ten
calendar days of the board's receipt of the application, board staff must
determine whether the application is complete and inform the applicant of the
determination. If the application is incomplete, board staff must advise the
applicant that the application is incomplete and identify what information is
missing to the applicant.
B. Once
board staff determine that an application is complete, board staff must review
the modification or removal request and analyze whether the request meets one
or more of the conditions in subpart 6. Board staff must prepare a written
report of the staff's findings.
C.
Board staff must post a summary of the modification or removal request and the
staff report on the board website. The posting shall include timely updates
about the application's status, opportunities for public input, and meetings of
the board at which the application shall be discussed or voted upon.
D. After the staff report is posted on the
board website, the board must open a 30-day public comment period and direct
board staff to host or cohost at least one public meeting to gather input on
whether the modification or removal request meets one or more of the conditions
in subpart 6. The public meeting may be hosted, organized, and managed
according to subpart 10.
E. When
the 30-day public comment period and public meeting are complete, board staff
shall prepare a written summary of the public comments that the board received
and provide a recommendation to the board on whether to accept the application
and proceed to the next step in the review process or reject the application
for failing to meet one of more of the conditions in subpart 6. The board shall
then meet and host a public hearing to invite additional public comments and
consider the modification or removal request, staff report and recommendation,
and public comments that the board received before and during the public
hearing. After considering all public comments, the board shall vote on whether
the modification or removal request meets one or more of the conditions in
subpart 6 and may advance for further review. A majority vote of the full board
is required to accept the application and advance the application for further
review.
(1) If the board accepts an
application for a modification or removal request , board staff must notify the
applicant and the Department of Administration within 14 calendar days of the
board's vote accepting the application for further review.
(2) If the board rejects an application for a
modification or removal for failing to meet one or more of the conditions in
subpart 6, board staff must notify the applicant in writing within 14 calendar
days of the board's vote rejecting the application and provide the applicant
with the reasons for the rejection.
F. After the board accepts an application
requesting modification or removal of an artwork for further review, the board
must convene a commemorative artwork review committee to review the artwork
identified in the modification or removal request and the applicant's proposed
plan for modification or removal. The commemorative artwork review committee
must include the following members :
(4) a
representative from the Minnesota Historical Society;
(5) two professionals appointed by the board
experienced in the fields of visual art, public art, art history, architecture,
or history. One of the professionals must have knowledge of artwork
conservation;
(6) two members of
the public appointed by the board;
(7) up to five additional committee members
appointed by the board as needed for professional expertise ; and
(8) board staff that oversee and support the
committee's work.
G. The
commemorative artwork review committee must open a 30-day public comment period
and hold at least one public meeting hosted or cohosted by board staff to
gather additional input regarding the proposed modification or removal request,
design or disposition plans for the artwork, and any restoration of the removal
or modification site identified by the Department of Administration in item H,
subitem (6), to determine if the request satisfies the criteria for
modification in subparts 5 and 8 or the criteria for removal in subpart 9. The
committee must give timely written notice of the public meeting to the
applicant requesting modification or removal of the artwork and to the artist
or original sponsor of the artwork unless the committee is unable to notify the
artist or original sponsor. If the committee is unable to notify the artist or
original sponsor, the committee must notify a representative of the artist or
original sponsor of the subject artwork as long as the board is able to
reasonably identify a representative of the artist or original sponsor. The
committee must provide the applicant, the artist, the original sponsor, and any
representative of the artist or original sponsor the opportunity to speak at a
public meeting of the commemorative artwork review committee.
H. Prior to a public meeting of the
commemorative artwork review committee, the board executive secretary must
prepare and post on the board website a commemorative artwork background report
that includes:
(1) a written description and
images of the artwork that is the subject of the modification or removal
request, information about and images of the artwork's location, and a warranty
of the originality of the artwork;
(2) the origin, derivation, history, and past
ownership of the artwork; the original acquisition method and purchase price;
and the original intent of the artwork by the artist or organization that
advanced the artwork;
(3) a summary
of the proposed modification or removal request and the applicant's stated
reasons therefore; the primary concept and design elements of the modified or
removed artwork and of the surrounding site; and in the case of a modification
request, a recommendation on whether a designer or design consultant is needed
to prepare a detailed plan of the modification;
(4) an analysis of the proposal's potential
impact on the Capitol's commemorative artwork collection ;
(5) a recitation of the criteria for
modification in subparts 5 and 8 or for removal in subpart 9 that the board
must use in reaching a decision to grant or deny a modification or removal
request;
(6) a memorandum from the
Department of Administration on implementation considerations of the proposed
modification or removal plans and any restoration of the removal or
modification site pursuant to Minnesota Statutes, section
15B.15,
subdivision 2, paragraph (a); and
(7) a memorandum from the Minnesota
Historical Society evaluating the impact of the proposed modification or
removal on the historic context and resources of the Capitol grounds and the
State Capitol building pursuant to Minnesota Statutes, section
15B.34,
clause (3).
I. Board
staff must provide the commemorative artwork background report to the
commemorative artwork review committee prior to the committee's public meeting
and may present the report at the committee's public meeting. Each committee
member must present the committee member's views and participate in the
discussion during the public meeting. The committee shall vote and make a
written recommendation to the full board on whether the board should grant or
deny the modification request based on the criteria in subparts 5 and 8, or
grant or deny the removal request based on the criteria in subpart 9. A
committee recommendation to grant a modification request must include a
recommendation on whether additional design work or a designer is needed to
prepare a detailed modification plan. A majority vote of the committee is
required for the committee to recommend granting the modification or removal
request.
J. Along with the
committee's recommendation to the board, the board executive secretary must
prepare for the board and post to the board website a report that includes:
(1) a summary of the public comments received
at the public meetings and hearings and any additional information obtained
during the application review process;
(2) opinions gathered from committee experts
or other independent professionals, such as conservators, engineers,
architects, critics, and safety experts who are professionally qualified to
comment on the artwork and on the concern prompting review that are obtained
during the application review process;
(3) an evaluation of the need for additional
design work and the need for forming a design review group and using the
selection process under subpart 3, item K; and
(4) a detailed budget for all aspects of the
modification or removal request, and the applicant's stated options for funding
the request.
K. After
receiving the committee's recommendation and staff final report, the board must
determine if another 30-day public comment period or public hearing is
necessary to gather additional input. If the board determines that another
opportunity for public comment or a public hearing is necessary, then the board
shall make a final decision after the additional public comment period or
public hearing is complete. If the board determines that no additional comment
period or public hearing is needed, the board shall proceed to reach a decision
by holding a public meeting at which the board shall vote to grant or deny the
request for the modification or removal. The board must apply the criteria in
subparts 5 and 8 when considering whether to grant or deny a request for
modification. The board must apply the criteria in subpart 9 when considering
whether to grant or deny a request for removal. A majority vote of the full
board is required to grant a request for modification or removal of an existing
commemorative artwork. If the board grants a modification request and decides
that additional design work is necessary according to subpart 3, item K, the
board shall reconvene for final design review and approval as described in
subpart 3, item N. After making a decision concerning the request for
modification or removal, the board must send a written copy of the board's
decision to the applicant and the artist and original sponsor of the artwork at
issue or their representatives as provided in item G.
L. If the board grants a request for
modification or removal , but before implementation of the project begins, the
applicant must deposit with the Department of Administration enough money to
complete the modification or removal consistent with the estimated budget,
including any costs for restoration of the removal or modification site
identified by the Department of Administration in item H, subitem (6), or
demonstrate that funding for the full project is committed. Board staff shall
be available to provide testimony to the legislature but shall not directly
raise money to fund the project.
M.
If the board grants a request to modify an existing commemorative artwork on
the Capitol grounds and approves of the final schematic design and design
development, the project shall proceed with construction documents and bidding
under the Department of Administration. Board staff and architectural advisers,
a designer if applicable, and a Department of Administration project manager
must form a working group to monitor implementation of the modification work.
The board executive secretary is authorized to review construction documents
for consistency with the schematic design and design development approved by
the board. A designer, if involved, must enter into a contract with the
Department of Administration that includes a project timeline and
budget.
N. If the board grants a
request for the removal of a commemorative artwork on Capitol grounds, the
removal must proceed in accordance with the disposition plan described in the
request. The Minnesota Historical Society must determine the final disposition
of the artwork pursuant to Minnesota Statutes, section
138.68.
The Minnesota Historical Society reserves the first right of refusal for
removed artwork of historic value. If the Minnesota Historical Society does not
accept the artwork, the artwork's disposition must be determined according to
Minnesota Statutes, section
138.68.
The disposition work must proceed with construction documents and bidding under
the Department of Administration.
Subp. 8. Criteria for modification of an existing artwork.
The board must consider and apply the criteria in items A to N to evaluate a request for the modification of an existing commemorative artwork:
A. the proposed modification
makes the artwork more welcoming and engaging to nearby and statewide
communities ;
B. the proposed
modification embraces historical facts and fosters a productive range of
responses, conversations, and interpretations ;
C. the proposed modification considers the
social and cultural conditions at the time of the artwork's addition
;
D. the proposed modification
prompts reflection, conversation, and awareness of the stories, perspectives,
and experiences of historically marginalized or oppressed communities
;
E. the proposed modification
incorporates the views of all interested groups and individuals and considers
the relationship of these groups' collective history, heritage, and values to
the artwork ;
F. the proposed
modification creates an opportunity to increase public understanding of and
dialogue about Minnesota's history ;
G. the proposed modification enhances the
artwork's function as a source of collective identity and belonging for all
Minnesotans ;
H. the proposed
modification generates, contributes to, or enhances existing social activity in
the surrounding public space ;
I.
the proposed modification represents or commemorates a significant event,
group, or individual in Minnesota's history ;
J. the proposed modification respects the
contributions and perspectives of the artwork's creators and the group or
individuals depicted in the artwork and the group's or individuals' communities
;
K. the proposed modification
seeks to achieve peace, reconciliation, truth, and justice for individuals,
groups, and communities that are not represented or who are misrepresented in
the historical record ;
L. the
proposed modification acknowledges evolving social values and accounts for the
views and needs of the contemporary community ;
M. the proposed modification meets the
criteria of subpart 5; and
N.
funding is available to pay for the proposed modification and any restoration
of the modification site identified by the Department of Administration in
subpart 7, item H, subitem (6).
Subp. 9. Criteria for evaluating removal of an existing commemorative artwork.
The board must use the following criteria to evaluate a request for the removal of an existing commemorative artwork:
A. community feedback about the artwork, the
artwork's site, and the artwork's condition collected at public meetings and
hearings;
B. the degree to which
the artwork misrepresents the state's history or has the effect of
significantly intimidating or adversely affecting a group of people;
C. the method by which the artwork was
acquired and accessioned in the commemorative artwork collection, such as by
donation, loan, or commission;
D.
the qualifications and professional reputation of the artist, and the artwork's
craftsmanship, conceptual content, style, and form;
E. the availability of necessary funding for
conservation, maintenance, and repair of the artwork if the artwork remains in
its current location; the availability of exhibition and storage space for
relocating the artwork if the artwork is removed; and the disposition of the
artwork in accordance with Minnesota Statutes, section
138.68;
F. the degree to which removal of the artwork
would detract from the overall artistic and architectural integrity of the
Capitol or Capitol area;
G. the
artwork's style, form, scale, diversity, quantity, quality, longevity, and
compatibility with the existing commemorative artwork collection;
H. accessibility, public safety, and the
social, cultural, historical, ecological, physical, and functional context of
the artwork in relation to the site, both existing and planned;
I. issues related to liability, insurance,
intellectual property rights, warranties, ownership, theft, vandalism, loss,
indemnification, and public safety;
J. safety, the avoidance of emergencies
caused by hazards, and construction schedules;
K. the value of the artwork as determined by
a professional appraiser ;
L. the
plan for returning the space left by removal of the artwork to the space's
original condition or a condition that is aesthetically consistent with the
surrounding Capitol grounds; and
M.
the availability of funding to pay for the removal and any restoration of the
removal site identified by the Department of Administration in subpart 7, item
H, subitem (6).
Subp. 10. Public hearing and public meeting requirements.
A. At least 30 days before a public hearing
date under subpart 3 or 7, the board must:
(1) post a notice of the public hearing on
the board website;
(2) mail a
notice of the public hearing to the applicant; and
(3) mail a notice of the public hearing to
any other party requiring notice under this part.
B. Public meetings held under this part must
comply with Minnesota Statutes, chapter 13D.
C. The host for a public meeting under this
part may be the board or any public, private, nonprofit, or community
entity.
D. The organization and
management of a public meeting under this part shall be determined by the host
in collaboration with board staff.
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