City Council Agenda and Packet 2000 05 02

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Louisville City Council Meeting April 18, 2000 Page 8. Sam Light, City Attorney read Ordinance No. 1337, Series 2000 - An Ordinance Providing for An Alternate Member of the Louisville Citizens Open Space Advisory Board. MOTION: Brown moved that Council set Ordinance No. 1337, Series 2000 - An Ordinance Providing for An Alternate Member of the Louisville Citizens Open Space Advisory Board, out for publication and set the public hearing for May 2, 2000, seconded by Sisko All in favor. CITY ATTORNEY'S REPORT Sam Light, City Attorney stated that his office had reviewed the State Statutes with regard to the zoning regulation of charter schools. Light noted that Section 124 (C.R.S. Section 22-32-124) addresses education and allows boards of education to find and determine the location of public schools. A charter school is a public school, however, nothing in the Statute suggests that the general assembly has given the powers in Section 124 to governing bodies of charter schools. Light stated that unlike the Board of Education, a charter school, at this time, does not have the authority from the State i legislature to preempt local zoning laws. Light noted that another question, with regard to this issue, is whether boards of education could delegate this power to the governing body of a Charter School. Light stated that Mayor Davidson received a letter from Stan Garnett, President of the Boulder Valley School District Board. Garnett stated it was his belief that nothing in the Peak to Peak charter shows that power was delegated to the Peak to Peak School. Upon review of the charter, Light stated it was his initial opinion that this power has not been . delegated. Light noted that there is a question of whether that type of delegation, if even made, is proper under constitutional law . Light stated that they are still in the process of investigating that issue. Light reviewed another question of whether the State Statute providing exceptions to local zoning laws extends to property that is being leased for school purposes. Light stated that Section 124 requires that a board of education, prior to acquisition of land, or a contract for purchase must consult with and advise a city's planning commission, in order that the proposed site conforms to the adopted plan of the community insofar as possible. He noted that an additional requirement is that boards of education shall submit a site development plan for review and comment, prior to any construction. Light stated that the Statute extends to property owned or leased by boards of education. However, Light 8