MINUTES

SPECIAL MEETING OF

COMMERCE CITY COUNCIL

                                                                                                    January 28, 2008

CALL TO ORDER

A special meeting of the City Council of the City of Commerce City was called to order by Mayor Paul Natale on January 28, 2008, at 6:30 p.m.

ROLL CALL

Present:

Mayor Natale, presiding,

Mayor Pro-Tem Drotar

Councilman Benson

Councilman Jaquith

Councilman Johnson

Councilman McEldowney

Councilman Lewis

ABSENT

Councilwoman Snyder

Councilwoman Teter

Staff Reporting

City Attorney Robert Gehler

City Manager Jerry Flannery

Deputy City Manager Tom Acre

INTRODUCTION

The audience and staff introduced themselves.

EXECUTIVE SESSION:

Council member Drotar moved to adjourn to executive session for the purpose of receiving legal advice regarding Ordinance AN-219-07 and Ordinance AN-220-07 pursuant to C.R.S. 24-6-402(3)(a).

VOICE VOTE:  Unanimous; all present affirmed

Council met in executive session from 6:40 p.m. to 7:13 p.m.

City Attorney Robert Gehler entered the following documents into record:

Exhibit “A” Township map

Exhibit “B” Bureau of Labor Management file C-668

Exhibit “C” Bureau of Labor Management file C-0125979

Exhibit “D” Annexation Ordinance AN-112-91

Exhibit “E” Annexation Ordinance AN-57-85 and 36-80

Exhibit “F” Annexation map AN-219-07

Exhibit “G” Annexation map AN-220-07

Exhibit “H” Map of area west of Union Pacific Railroad between 96th Avenue and 112th Avenue

Exhibit “I” Map of area west of Union Pacific Railroad between Beeler Street and 112th Avenue

Exhibit “J” Adams County voting precinct map

Exhibit “K” Annexation map AN-36-80 (2 pages)

Exhibit “L” Annexation map AN-57-85

Exhibit “M” Names of property owners for AN-219-07

Exhibit “N” Names of property owners for AN-220-07

Exhibit “O” Names of property owners on map exhibit “H”

Exhibit “P” Names of property owners on map exhibit “I”

Exhibit Q Federal laws regarding land grants to the railroads 1862, 1864, 1869, and 1874

Exhibit R Affidavit from Chris Sveum, City Engineer

Exhibit S Motion for reconsideration with attachments filed by Zachem Atherton, LLC

Exhibit T All motions for reconsideration filed by Faegre and Benson LLP

Council members McEldowney and Benson moved and seconded that based on the following findings of fact:

1.        With regard to all annexation ordinances that create the enclaves in Cases AN-219-07 and AN-220-07 including, specifically, Ordinance 57-85, the statutory requirements for a legal annexation including the requirement for one-sixth contiguity of annexed areas with existing Commerce City boundaries at the time of annexation were met and all such annexations at the time of annexation were valid.

2.        That a railroad right-of-way is not a public right-of-way within the meaning of the Colorado Annexation Statute.

3.        That Commerce City’s purposes for annexing the enclaves in Cases AN-219-07 and AN-220-07 are proper.

4.        That all materials submitted opposing and in favor of AN-219-07 and AN-220-07 have been considered.

City Council affirms Ordinances AN-219-07 and AN-220-07 and denies all motions for reconsideration.

ROLL CALL VOTE:  Unanimous; all present affirmed

ADJOURNMENT:

The special meeting adjourned at 7:21 p.m.

CITY OF COMMERCE CITY                                       ATTEST

_________________________                                   ___________________________

Paul Natale, Mayor                                                   Suzy Schares, Deputy City Clerk

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