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HomeMy WebLinkAbout02/24/2014 Regular Meeting CITY OF COLUMBIA HEIGHTS Mayor Gary L.Peterson 590 40'"Avenue NE,Columbia Heights,MN 55421-3878 (763)706-3600 TDD(763)706-3692 Councilmembers Visit our website at:www.ci.columbia-hei2bts.mn.us Robert A. Williams Bruce Nawrocki Tammera Diehm Donna Schmitt City Manazer Walter R.Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday,February 24,2014 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. ,Yhe City of o um is Heights does not discriminate on the basis ot disability in the admission or access to, or treatment or employment in, its services,programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the City Clerk at 763-706-3611,to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Invocation by Rev. Bob Lyndes of Crest View Lutheran Homes 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING AGENDA The Council,upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline. 4. PROCLAMATIONS,PRESENTATIONS, RECOGNITION ANNOUNCEMENTS GUESTS 5. CONSENT AGENDA These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business. A. Approve City Council Meeting Minutes of February 10 2014 Pg 4 MOTION: Move to Approve City Council Meeting Minutes of February 10, 2014. B. Accept Boards and Commission Meeting Minutes Pg 8 MOTION: Move to accept the Library Board Meeting Minutes of January 8, 2014. C. Appoint Public Art Commission Members Pg10 MOTION: Move to Approve Mayor's Appointments of Keith Roberts and Gretchen Nelson to the Public Arts Commission. D. Approval of attached list of rental housing applications Pg11 MOTION: Move to approve the items listed for rental housing license applications for February 24, 2014 in that they have met the requirements of the Property Maintenance Code. E. Approve Business License Applications Pg14 MOTION: Move to approve the items as listed on the business license agenda for February 24, 2014 as presented. 2 City Council Agenda Monday,February 24,2014 Page 2 of 2 F. Payment of Bills Pg16 MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has received the list of claims paid covering check number 151249 through 151406 in the amount of$ 874,332.63. MOTION: Move to approve the Consent Agenda items. 6.PUBLIC HEARINGS 7.ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports Zoning Code Text Amendment Pg24 MOTION: Move to initiate a zoning code text amendment process, and direct the Planning and Zoning Commission to study and make a recommendation to the City Council regarding whether or not the definition of schools and educational institutions should be broadened in definition and scope, and determine the same as to whether or not schools should be a permitted and/or conditional use in the Central Business District and the General Business District. 8. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. ADJOURNMENT Walter R. Fehst, City Manager WF/tal 3 City Council Meeting 7:00 PM Monday,February 10,2014 City Council Chambers City Hall 590 40th Avenue N.E. Columbia Heights, MN CALL TO ORDER Mayor Peterson called the meeting to order at 7:02 PM. APPOINTMENT OF SECRETARY PRO TEM Motion by Williams, seconded by Schmitt, to appoint Carole Blowers as Secretary Pro Tem. Motion passed unanimously. ROLL CALL/INVOCATION Roll Call: Present: Councilmembers Schmitt, Williams, Diehm,Nawrocki, and Mayor Peterson Staff Present: Walt Fehst, City Manager; Jim Hoeft, City Attorney; Scott Nadeau, Police Chief The invocation was provided by Pastor Dan Thompson of Heights Church. PLEDGE OF ALLEGIANCE-recited ADDITIONS/DELETIONS TO MEETING AGENDA The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline. Councilmember Nawrocki stated he wished to add a discussion of the problems at the business establishment at 332 40th Avenue tonight. PROCLAMATIONS, PRESENTATIONS, RECOGNITION ANNOUNCEMENTS, GUESTS- None CONSENT AGENDA These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business. City Manager Walt Fehst went over each of the consent items. Approve City Council Meeting Minutes of January 27 2014 MOTION: Move to approve City Council Meeting Minutes of January 27, 2014. Establish Date for Annual Local Board of Appeal and Equalization Meeting MOTION: Move to establish the Local Board of Appeal and Equalization Meeting Date for Monday, April 14, 2014, at 6:00 PM, in the City Council Chambers. City Council Minutes February 10,2014 Page 1 4 Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for February 10, 2014, as presented. Payment of Bills MOTION: Move that in accordance with Minnesota Statue 412.271, subd.8, the City Council has received the list of claims paid covering check number 151107 through 151248 in the amount of $1,630,289.03. Councilmember Nawrocki asked if people will be mailed a notice of the date of the Local Board of Appeal and Equalization Meeting, The City Manager will make a note of that. Motion by Diehm, seconded by Nawrocki, to approve all the Consent Agenda items listed above. Motion passed unanimously. Discussion on Business Located at 332 Central Avenue N.E. –Urban Shesha Police Chief Nadeau reviewed the various problems at the smoking business located at 332 40th Avenue NE, which opened in 2011. These include juveniles smoking, noise and disturbance complaints, assault, robbery of person, disorderly conduct, large crowds of people outside, signage (window coverings) and fire code violations, smoky non-ventilated building, and most lately—a drive by shooting which occurred on January 31. Anoka County investigators are still working on the case, and they have suspects. Thankfully, no one was hurt in that incident. This past Saturday, one of our sergeants went to conduct a walk through, and was met at the door of the business with armed guards employed by the lounge. At first, they would not let him in, but eventually they did let him in. Later in the discussion it was questioned why armed guards would be needed at this business. The Police Chief has had contact with the owner of the business. Right now the owner is in Kenya. The Mayor asked if we have similar businesses in town and if there are incidents like this. We have two other similar operations in the city, with no serious incidents reported. The Mayor asked what the city's options are. The City Attorney advised the council that they could have two different approaches to the problems: either from an operational/business standpoint or a licensing standpoint (like rental properties). Councilmember Nawrocki said we have been receiving calls about activities at this business for some time now. The neighbors in the area are concerned about the noise and late activities of this business. The shooting has people scared. The City Attorney stated that the council could take a broader approach regarding the shooting (which is in a category of its own), operational hours, and parking issues, etc. (i.e., issues that affect all businesses). The council must hold a public hearing and give the property owner and business owner enough notice for them to respond. The council would then make a decision if there should be stipulations put on the business, or suspend the license, or revoke it. He felt at least a 30 day notice would be warranted. At the hearing, staff could present relevant information (including past warnings given), and the owner would present any information they would want to, and the council would act. He also mentioned that he is aware of a public hearing for three or four residential licenses (one owner) coming up at the last council meeting in March which could take some time. City Council Minutes February 10,2014 Page 2 5 Mayor Peterson wants this business situation at 332 40th Avenue taken care of properly and as fast as possible. He personally has spoken with the business owner and promises have not been kept. He feels we need to do something about this as soon as possible, like at our next meeting. They have had lots of opportunities to correct things, and things have not been taken care of Chief Nadeau stated the criminal investigation of the shooting can be kept separate from the business license situation. Councilmember Diehm suggested that we set a date and staff can decide to send out the notice. Councilmember Schmitt recommended a tentative date of April 14 for the public hearing. City Manager Fehst said this would give time for staff to prepare the necessary notices and different alternatives the council could take. PUBLIC HEARINGS -None ITEMS FOR CONSIDERATION Other Ordinances and Resolutions—None Bid Considerations—None New Business and Reports -None ADMINISTRATIVE REPORTS Report of the City Manager Walt Fehst, City Manager, stated that Congressman Ellison will be holding a meeting on March 12th regarding the Parkview Villa sale. Councilmember Diehm and Mayor Peterson plan to attend. Community Development Director Scott Clark and Assistant Community Development Director Joe Hogeboom will attend as well. The City Manager advised that Scott Clark, Community Development Director will be retiring the first part of April. They received approximately 18 applications, and we will be interviewing seven to eight of them. Three finalists will be invited for a day of activities on March 3, 4, and 5. The City Manager advised that we have met with the NE Business Center representatives regarding the proposed library/city hall. This was a serious candidate for senior housing in that building. Their proposal came in about twice as much as expected. With this and other issues, including loss of some tax dollars, he feels we should move on and look at another site. This is a major business opportunity and key site. Other options are the bowling alley site, building on the east side of Murzyn Hall, or adding behind the Public Safety Building. Councilmember Nawrocki stated that attendance at libraries is down; attendance at our own library has been down the last two months. He asked for attendance counts at our library from last year and this year. He stated we have a many of programs offered at the library which are oriented towards recreation. The City Manager advised that he plans to attend the National League of Cities Conference (which runs March 8-12), along with Scott Clark and Joe Hogeboom and possibly the Mayor. Councilmember Nawrocki questioned why we have to send so many people, especially since we are not members of the National League of Cities anymore. Flight and hotel costs were discussed. He stated that in the past when he went, he stayed at a hotel within walking distance of the conference which was very reasonable. The City Manager asked him for the name of the hotel. City Council Minutes February 10,2014 Page 3 6 Councilmember Nawrocki asked about remodeling costs for the Community Development Department. The City Manager stated that about $4,000 was spent on carpeting and paint, $5,000 on asbestos removal, plus city staff costs for removing one wall. Councilmember Nawrocki stated at the last meeting he asked for election information including filing information to be placed in the next city newsletter, and he spoke to the City Clerk about this. He also acknowledged a detailed report from the Assistant Community Development Director regarding the property under construction at 40th and University. The City Manager stated that the public hearing on state aid streets and alley improvements will be on March 4th, at 6:30 pm and 7:00 pm respectively. At the next work session on March 3rd, the Finance Director will present a budget plan for the next five years. The Public Works Director has a number of items he wishes to discuss at that meeting. There may not be an EDA meeting that night. Report of the City Attorney -Nothing to report CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. Malcolm Watson, 1717 49th Avenue NE, stated that he will be speaking to the County Assessor about VFW and American Legion properties who must apply for tax exempt status (and if they don't, they will be taxed as a business). He reiterated that the local Board of Appeal and Equalization meeting is April 14, 2014, at 6:00 PM. Mr. Watson expressed appreciation to the Public Works Director, Kevin Hansen, and Lauren McClanahan, Public Works Superintendent on the snow removal in the city, especially the crews working midnight to late in the morning to clear Central Avenue of the large snowbanks. Harold Hoium, 4200 3rd Street, thanked the snow plowing crews for clearing the snow in front of the bus stops. He did feel that more salt should be used, especially on the hilly streets of town. He inquired what the status of the construction is at 40t1i and University---are they going to finish it or tear it down? Councilmember Nawrocki wondered if there is a penalty if this project is not completed by a certain date. Mayor Peterson advised that the Columbia Heights Activity Fund sponsored a "Polar Plunge" on February 1 st, at Balsam Lake, Wisconsin where twenty local people attended and twelve actually jumped in, earning monies (at$50/person) for the March of Dimes. The activity put Columbia Heights in the limelight. The Mayor also reminded us to remember our servicemen and women in our thoughts and prayers, and to do a random act of kindness. ADJOURNMENT The meeting adjourned at 8:08 p.m. Respectfully submitted, Carole J. Blowers Secretary Pro Tern City Council Minutes February 10,2014 Page 4 7 COLUMBIA HEIGHTS PUBLIC LIBRARY APPROVED BOARD OF TRUSTEES 2/5/2014 MINUTES January 8, 2014 The meeting was called to order by Chair Patricia Sowada, at 6:34 p.m. Members present were: Nancy Hoium, Steve Smith, Patricia Sowada, Barbara Tantanella, and Catherine Vesley. Also present: Library Director Renee Dougherty and Recording Secretary Stacey R. Hendren. Not present: Council Representative Tami Diehm. The Board welcomed Children's Librarian Bethany Grabow and introduced themselves. The minutes of the November 6, 2013, Board meeting were approved as mailed. The bill list dated 11/6/13 was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated 12/4/13 was reviewed. It was moved, seconded, and passed that the bills be paid. Dougherty clarified that the current 21St Century grant would expire in June 2014; however the school district plans on reapplying. Dougherty noted the copier maintenance fee(Line item 4000: Loffler), and stated that this will be an annual expense that covers training, supplies, and maintenance of the two library copy machines and the public printing services. The first two years of maintenance were covered in the purchase price. The bill list dated 12/18/13 was reviewed. It was moved, seconded, and passed that the bills be paid. The bill list dated 12/26/13 was reviewed. It was moved, seconded, and passed that the bills be paid. The 2013 accounting dated 1/8/14 was reviewed. Old Business: 1. Grabow introduced herself to the Library Board and provided a brief introduction including past experience at libraries in Nebraska and Colorado. The Board encouraged Grabow to contact them for assistance at any time. Discussion followed concerning potential programs and contacts to local sports teams. 2. As recommended by the Board,the Library held its first quarterly Youth Read Down program from December 23rd until January 4th. Grabow provided results of the program including a total of 10 hours and 45 minutes read in the library, $40.80 in fines waived, age participation ranging from 5-13 years, and a total of 11 reading sessions. The Board was pleased to hear the positive feedback and about a youth who was able to read down her fines so that she could check out books again. 3. Dougherty informed the Board that the December 15th Library Foundation fundraiser was very well attended and raised about$1,900 after expenses. New Business: 1. The Board reviewed the proposed resolution concerning the sale of ear buds at the library. Anoka County Libraries are selling ear buds and flash drives to patrons for$5. Dougherty would like to provide ear buds and flash drives to fill a need,not to make a profit. Library staff has not yet found an acceptable flash drive vendor. 1- 1/8/14 8 Motion: To authorize the Columbia Heights Public Library to sell ear buds for sale to the public at the rate of$5.00 per pair. Motion carried unanimously. 2. The Anoka County Libraries have a new public catalog that allows direct download of eResources,the ability to create and keep lists, a simplified search and special catalog pages for Teens and Kids. Board members were encouraged to browse the new catalog. 3. The Board reviewed the crossover statistics for November. Members noted increased eBook checkout, and low gate count, circulation and computer usage statistics. 4. The Board reviewed the Unique Management Report for November. Items from the Floor: 1. Dougherty announced that Hendren completed her MLIS from the University of Wisconsin- Milwaukee on December 15th 2. The library will host author Jess Lourey on January 22nd. Board members were encouraged to attend. 3. Smith discussed a geographic study of Columbia Heights conducted by the Archdiocese of St. Paul and Minneapolis, and will share some of the information from the study with the Library Board. 4. Dougherty requested that the Board consider how best to approach the City Council concerning the recommendation made by the Library Task Force seven months ago. The Board discussed the sites currently being considered, the importance of investing in the community, the positive impact of community investment on property values, and the costs of renovation to the current library. Members are encouraged to bring additional ideas to the February meeting. Dougherty and library staff will be attending City Council meetings on a regular basis to inform the council and residents of programs and services offered by the library. There being no further business, the meeting was adjourned at 7:27 p.m. Respectfully submitted, Stacey R. Hendren Recording Secretary, Library Board of Trustees The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services,programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services,programs, and activities. 2- 1/8/14 9 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of February 24, 2014 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: Approve Public Art BY: Tori Leonhardt BY: Commission Appointments DATE: February 21, 2014 DATE. �`'n NO: The Mayor received six applications for the Public Arts Commission. The Council previously interviewed four of the six applicants on January 27, 2014 and Mayor Peterson appointed them to the Public Arts Commission. The remaining two applicants were unable to attend that meeting. One of those applicants, Gretchen Nelson, was interviewed prior to this evening's Council meeting, and the other applicant, Keith Roberts, was a former Planning and Zoning Commission member that resigned in 2013 to pursue his interest in forming an Arts Commission in the City of Columbia Heights. He was unable to attend the meeting tonight due to a conflict in his schedule. Recommended Motion: Move to approve Mayor's appointments of Keith Roberts and Gretchen Nelson to the Public Arts Commission. COUNCIL ACTION: 10 CITY COUNCIL LETTER Meeting of February 24, 2014 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY:� Licenses NO: DATE: February 18, 2014 DATE: Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for February 24, 2014 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 11 COLUMBIA HEIGHTS Print Rental Licenses to %P) FIRE DEPARTMENT approve by CC Ina Lion Division 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 10178 3839 VAN BUREN ST Kucera, Gavin F13134 1654 29th Avenue NW $ 150.00 New Brighton, MN 55112 10197 712 51 STAVE Beigle, Noelle F13131 1270 Eagan Industrial Road #160 $ 150.00 Eagan, MN 55121 10212 4246 JACKSON ST IH2 Property Illinois, LP F13022 1270 Eagan Industrial Rd #160 $ 150.00 Eagan, MN 55121 10423 4530 STINSON BLVD I1-12 Property Illinois, LP F13136 1270 Eagan Industrial Rd #160 $ 150.00 Eagan, MN 55121 12034 3843 HAYES ST Ulvin, Rolf F13023 3843 Hayes St $ 150.00 Columbia Heights, MN 55421 34007-109 1000 41ST AVE Williams, Dwayne F13137 1171 Burke Ave W Apt. #109 $ 150.00 Roseville, MN 55113 Total#of Licenses 6 02/13/2014 10:57 Page 1 12 COLUMBIA HEIGHTS Print Rental Licenses to FIRE DEPARTMENT approve by CC 2013-14 inspoction Division 825 41st Avenue N.E.-Columbia Heights,MN 55421-Ph:763-706-8156-Fax:763-706-8151 10111 3722 HAYES ST Rappaport, Fred F13135 11115 Excelsior Blvd $ 150.00 Hopkins, MN 55343 10193 3820 JACKSON ST MNSF Minneapolis LLC F13009 4064 Colony Road#310 $ 150.00 Charlotte, NC 28211 10334 1122 40TH AVE Furthe, Bryan F12725 5001 Plaza on the lake#250 $ 150.00 Austin, TX 78746 20268 804 51 ST AVE Navtash LLC F13119 4152 Victoria Street N $ 150.00 Shoreview, MN 55126 40197-APT 556 40TH AVE Neus, Jane F13129 1444 32nd Circle SE Upstairs APT. $ 150.00 Rio Rancho, NM 87124 Total#of Licenses 5 02/13/2014 12:09 Page 1 13 CITY COUNCIL LETTER Meeting of. February 24, 2014 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: February 19, 2014 BY: 2V BACKGROUND/ANALYSIS Attached is the business license agenda for the February 24, 2014 Council meeting. This agenda consists of applications for contractor licenses for 2014. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for February 24,2014 as presented. COUNCIL ACTION: 14 TO CITY COUNCIL February 24, 2014 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES-2014 BLDG *Hoffinan Ref&Htg 5660 Memorial Ave N, Stillwater $60 *Larson Plumbing 3095 162"'Ln NW, Andover $60 *Carter Custom Const 3276 Fanum Rd, Vadnais Hts $60 MDS Hts &Air 8797 75th St S. Cottage Grove $60 *Twin Cities Home Sery 16242 d Ave N, Mpls $60 *Tonna Mechanical 2411 7th St NW, Rochester $60 K& S Htg 4205 Hwy 14 W, Rochester $60 *Crown Drain Clean 3232 90th Ave NE, Blaine $60 *Metro Utilities Inc 9656 161St Ave NW, Elk River $60 Install This Sign 4835 Lyndale Ave N, Mpls $60 TEMP LIQUOR LIC *Immaculate Conception Church 4030 Jackson St NE $100 For May 2, 2014 and For Aug. 1-3, 2014 $300 *Arbortech Stump &Tree 6332 Rhode Island Ave N, Brk Pk $60 15 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: February 24, 2014 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has received the list of claims paid covering check number 151249 through 151406 in the amount of$ 874,332.63. 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Ry ,7-i Zi I U 'J-IM O I > H ✓ W O �SWH zW zr' as W u) W OW I U) •' H I 'y1 z a x P: P; P:Q P; Q H 0 Pa H 3 z3C7 "0 U) I U) H H I H3HH3 W U it� H l U P: HHHw W OW P < Q , z x a � Pa I aH W rG W Hsu) •• P+ wu]W r�4CL ',D '7 ;� U) Uu) a I Q, HH i rwC HQ H rrR�; I d' HHHN [O g U � a U I W � H aw W H W HQw � fxHHzaW W aP; f7 W 0 P W I U z Z Ft4 1x MMPwl FZ4wWww a, aH3w0aHOZwCl) a w a rho U w 1 WOr� QCa < 4H44HpQHxHHHFCFCFC �C W W EiHr�H W zH Fl U HN a Q I uUaWU� aU0 E, xwHmEiHrnUUU3u)12 Lwa3coUHw ww z I u < wo A U]\ '��li ('��i I HHMd1N MU) O •-IHN MIDh u)O)N m O h H N M d^ m H M H O Ln [rv-I x x l U N F7 �7 I O O O O r-I r-I N d1 1D h h h h h co oo o H N M O O O O O u) Ln O N h O O FI4o W w l H N N N (N N N N N MM M M C') M Md' 1' d' w w w w w whh CD H CITY COUNCIL LETTER Meeting of: February 24, 2014 AGENDA SECTION: New Business and ORIGINATING DEPT.: CITY MANAGER Reports Community Development APPROVAL NO: ITEM: Zoning Code Text Amendment BY: Joe Hogeboom BY: DATE: Feb. 18. 2014 Background: The Community Development Department has recently received a number of inquiries regarding the possibility of locating charter schools within the City's Commercial Zoning Districts. A charter school is,by statutory definition, a public school and part of the state's public school system. However, unlike traditional public schools, charter schools operate under the oversight of a qualified nonprofit corporation rather than a traditional school board. A charter school receives state funding as if it were its own school district; however it cannot levy taxes or issue bonds and cannot use state money to purchase land or buildings. City Code does not specifically address charter schools. Rather, it organizes schools into the following categories: • School, public or private, K-12 • School, vocational or business • School, performing/visual/martial arts By default, a charter school would be considered a"public or private, K-12" entity. Public and private K-12 schools are only permitted in the Limited Business District(LBD). Charter schools are not permitted in the Central Business District(CBD) or the General Business District(GBD). Certain properties within the CBD and the GBD may be appropriate locations for charter schools or other types of educational institutions, assuming that appropriate land use and zoning controls are implemented. City Code authorizes the City Council to initiate a zoning code text amendment process that would consider possible changes to the way in which educational institutions are defined and where the facilities are permitted to be located. Staff recommends that the City Council initiate the zoning code text amendment process and direct the Planning and Zoning Commission to review possible changes to City Code to enhance the definition of schools and educational institutions. Staff also suggests that the City seek input from the Columbia Heights School District in this process. If this process where to move forward, any possible zoning text amendments would have to be brought to a public hearing of the Planning and Zoning Commission, as well as the City Council. Recommendation: Staff recommends that the City Council initiate a zoning code text amendment process, in which the Planning and Zoning Commission would determine if the definition of schools and educational institutions should be broadened in definition and scope and determine if schools should be a permitted and/or conditional use in the Central Business District and the General Business District. It should be noted that this recommendation to initiate the amendment process does not predispose any final action by the City Council. 24 Recommended Motion: Move to initiate a zoning code text amendment process and direct the Planning and Zoning Commission to study and make a recommendation to the City Council regarding whether or not the definition of schools and educational institutions should be broadened in definition and scope, and determine the same as to whether or not schools should be a permitted and/or conditional use in the Central Business District and the General Business District. COUNCIL ACTION: 25