HomeMy WebLinkAbout20240457.tiffHEARING CERTIFICATION
DOCKET NO. 2024-15.B
RE: PETITION FOR VACATION OF A PORTION OF COUNTY ROAD 41 BETWEEN COUNTY
ROADS 6 AND 4 - BNSF RAILWAY COMPANY AND ALAN AGNEW
A public hearing was conducted on March 6, 2024, at 9:00 a.m., with the following present:
Commissioner Kevin D. Ross, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Mike Freeman
Commissioner Scott K. James
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jan Warwick
County Attorney, Bruce Barker
The following business was transacted:
El I hereby certify that pursuant to a notice dated February 9, 2024, a public hearing was
conducted to consider the request of BNSF Railway Company and Alan Agnew, for a Petition for
Vacation of Right -of -Way for a portion of County Road 41 between County Roads 6 and 4. This
hearing was continued from February 21, 2024. Bruce Barker, County Attorney, made this a
matter of record.
ID Jacob Woods, attorney representing BNSF Railway Company ("BNSF"), introduced BNSF
representative Tyler Kuzee, Engineering Manager, and stated over the last two weeks, they have
consulted with local jurisdictions and local fire and police authorities regarding the impact of
vacating the proposed portion of roadway. Mr. Woods requested an additional continuance of four
(4) weeks, to April 3, 2024, allowing for adequate time to complete the conferral process, as
described.
n Bryce Lange, Town of Hudson Manager, requested the Board of County Commissioners
(BOCC) delay any action on the request to vacate a portion of County Road (CR) 41, stating the
Towns of Hudson and Lochbuie each have pending applications for annexation of the portion of
CR 41 being petitioned for vacation, which resulted in a court -ordered abeyance of any
annexation proceedings by either municipality. He stated this vacation would reduce the size of
the Town of Lochbuie's annexation and would completely break the Town of Hudson's contiguity
for its' pending Muscle Cat Annexation. He explained the Town of Hudson's annexation would be
blocked by this vacation, while the majority of the Town of Lochbuie's annexations in the area
would be allowed to proceed. Mr. Lange stated, if the conflicting annexations between the two
Towns cannot be resolved through negotiation, they would need to be resolved through a court
ordered election of property owners, who in the Town of Hudson's opinion, should be allowed to
make the choice on which Town should prevail. He also explained, from a practical standpoint,
there doesn't seem to be any urgency for the Commissioners to vacate this portion of CR 41,
since the Colorado Department of Transportation (CDOT) will also have to review a vacation
request from BNSF, which could take upwards of a year. Mr. Lange requested the continuance
cc. : CAC IBB) , PW (CH /OH)
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2024-0457
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HEARING CERTIFICATION - BNSF RAILWAY COMPANY AND ALAN AGNEW
PAGE 2
be for at least 60 days. ---� In response to Commissioner Saine, Mr. Lange confirmed BNSF
stated the timeline for CDOT's review is approximately a year and approval of the vacation by the
Commissioners would break contiguity and complicate both Town's annexation processes.
Further in response to Commissioner Saine, Mr. Lange discussed the annexation process and
explained annexations are voluntary.
EI Joe Hammock, Mayor of the Town of Hudson, requested a continuance of 60 days for the
Towns and property owners to continue to work through the proposed annexations. In response
to Commissioner Saine, Mr. Hammock explained there was a breakdown in negotiations with the
Town of Lochbuie and the election process for property owners is 60 -days. Mr. Barker explained
the election process gives the one property owner, which is the Board of County Commissioners,
the ability to make the decision of which Town to annex into, since the Commissioners control the
roadway. After further discussion regarding the annexation process between the Commissioners
and the County Attorney, and in response to Chair Ross, Mr. Hammock explained why the
annexation does not proceed down CR 45.
Maureen Juran, attorney representing the Town of Lochbuie, stated there are two (2)
separate proceedings happening: one being the conflicting annexation, which was initiated when
the Town of Hudson attempted to annex CRs 41 and 4, and the Town of Lochbuie reacted to
protect its' rational growth border, and the second being the vacation petition, which the Town of
Lochbuie does not object to because BNSF will be a benefit to Weld County. She further stated
the Town recommends BNSF mitigate the concerns of impacted surrounding property owners.
IE Ed Dumph, Town of Hudson resident, stated he drove approximately six (6) additional miles
today, which would be required of him to traverse to the areas he regularly commutes to if this
vacation is approved. He asked the Commissioners if an environmental impact study had been
completed and Chair Ross explained today's consideration is only for the vacation of the road
and the continuance request.
Seth Dumph, Town of Hudson resident, stated the road in question is an everyday use road,
is needed for access for emergency services, and is a road that allows a third access onto their
property from CR 6. He explained he understands the continuance, but doesn't understand the
vacation consideration in general, as the road has been used for over 40 years.
There being no further public comments regarding the Petition or continuance request,
Chair Ross opened deliberation to his fellow Commissioners.
Commissioner Freeman suggested a continuance for at least 60 days and moved to continue
the Petition for Vacation of a County Road 41 between County Roads 6 and 4, to May 8, 2024, at
9:00 a.m. The motion was seconded by Commissioner Saine. Chair Ross applauded the Towns
of Hudson and Lochbuie for continuing to meet and negotiate a resolution, and directed BNSF to
continue to communicate with the surrounding property owners. The motion carried unanimously.
There being no further discussion, the hearing was completed at 10:43 a.m.
2024-0457
EG0082
HEARING CERTIFICATION - BNSF RAILWAY COMPANY AND ALAN AGNEW
PAGE 3
This Certification was approved on the 20th day of March, 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT . ' . �• :.
ATTEST: • 111,O%,A
Kevip-D, Ross, Chair
Weld County Clerk to the Board
BY'
uty Clerk to the B
Perry L. Bu
Pro -Tern
/Lt
Mike Freeman
Scott K. .r
Lori Saine
2024-0457
EG0082
ATTENDANCE LIST
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