Wellington trustees approve resolution to acquire right of way for Cleveland Avenue improvements

WELLINGTON, Colo. — The Wellington Board of Trustees on June 17 approved a resolution authorizing the town to acquire certain properties and temporary construction easements along the Cleveland Avenue corridor to complete the Cleveland Avenue Improvements project.

The resolution, approved by a roll-call vote, authorizes the town to pursue negotiated purchases and — if negotiations fail — to use eminent domain procedures as a last resort. The vote was recorded as yes from Trustee Daley, Trustee Moyer, Trustee Wiegand, Mayor Burton Mason and Mayor Schoese; the motion passed.

The project, presented by Public Works Director Bob Gowling and staff, is funded in part through federal grants and an intergovernmental agreement with the Colorado Department of Transportation (CDOT). Gowling said the town secured four grants totaling $4,444,000 and is working toward 90% design, expected by late June or early July. The design includes a new underground storm drainage system, wider sidewalks, new lighting, street trees and on-street parking.

"We're providing with this design ... 91 parking spaces where we have about 46 now, 8 van-accessible spaces where we have none now," Gowling said, summarizing key design elements. He described sidewalks and hardscape that will range from roughly 12 to 14 feet on each side, with a 5.5-foot accessible sidewalk adjacent to storefronts and 6.5-to-8.5-foot "programmable space" for trees, benches and other amenities.

Town staff and consultant Dan Sapienza walked the board through the federally required right-of-way acquisition process because federal funds trigger CDOT-mandated procedures. Sapienza said the town will send notices of intent to affected property owners, obtain appraisals, allow property owners to obtain their own appraisals (which the town will pay for if submitted within 90 days), and then submit appraisals to CDOT, which will provide a third, independent appraisal for a CDOT determination of fair market value.

"There's three different appraisers looking at this," Sapienza said, describing the steps and the typical timeline. He said that beginning with notices of intent the process of appraisals and CDOT review will likely take on the order of 100–120 days, and that if negotiations fail the town can file a petition in district court to begin condemnation (eminent domain) proceedings. Sapienza described the court process — posting a bond for the appraised value and a valuation trial that can occur months later — as a last resort.

Gowling and Sapienza emphasized schedule constraints tied to grant deadlines: the town must complete construction and have funds spent by the end of 2026, with limited buffer for unexpected construction delays if acquisitions extend the schedule. Gowling said the preferred schedule — which assumes negotiated acquisitions rather than condemnation — would allow construction to begin in late January or early February 2025; a path requiring eminent domain could push the start to May 2025 and compress the construction window.

Trustees asked clarifying questions about impacts to private structures and flood-insurance/grandfathering. Gowling said property owners would not be required to demolish buildings as part of right-of-way purchases and that the town intends to make owners "whole" through negotiated purchases. The staff noted that some surface items (trees, picnic tables, fences) may need to be removed or relocated as part of acquisitions and that the town could return those items to owners when appropriate.

The design also includes a new underground storm drainage system with inlet structures and piping running east from First Street to Fifth Street, then south down Fifth to Kennedy to discharge near Coal Creek, in addition to curb and gutter regrading and new driveway aprons. Trustee comments cited benefits including improved pedestrian safety, ADA access, landscaping, and increased downtown parking.

After questions, a trustee moved to approve the resolution authorizing acquisition of the properties and easements; another trustee seconded. Roll call recorded affirmative votes from Trustee Daley, Trustee Moyer, Trustee Wiegand, Mayor Burton Mason and Mayor Schoese. The mayor declared the motion passes.

The board heard no public comment on the item at the special meeting. Staff said additional public outreach is planned, including a town hall tentatively scheduled for July 15, to gather feedback on amenities and landscape elements.

Votes at a glance: Resolution authorizing acquisition of certain properties and easements along the Cleveland Avenue right of way — passed (yes: Daley, Moyer, Wiegand, Burton Mason, Schoese; no: none reported).

What happens next: With the board's authorization staff may issue notices of intent to affected property owners and begin the CDOT-required appraisal and negotiation process. Staff said negotiated purchase is the objective; eminent domain would be pursued only if negotiations proved unsuccessful and timing required it to meet funding deadlines.