Allison Lane sidewalks stall

Clark County

Discussion

July 18, 2009

By DAVID A. MANN The News and Tribune Sat Jul 18, 2009, 01:53 AM EDT

A project aimed at installing sidewalks along Jeffersonville’s Allison Lane has stalled, as the city and an apartment-management company in the area wrangle over which entity is responsible for legal fees.

The Allison Lane project has been in the works since early spring. Sidewalks have been installed from the Kmart parking lot to Meadowlark Road on one side of the Allison Lane; and from Seminole Drive to a spot near the Beech Grove apartment complex on the other side.

The sidewalks are supposed to be going across the apartment complex’s property, said Josh Hillman, with the engineering firm Jacobi, Toombs and Lanz.

It has been working with the company that owns Beech Grove apartments — Indianapolis-based Buckingham Companies — for three months on acquiring an easement to install the sidewalk, Hillman said.

Buckingham is asking the city to pay legal fees of $3,500 before moving forward.

The complex is still under a mortgage, city attorney Darren Wilder explained. And every mortgage has a caveat that doesn’t allow the purchaser to make major changes to the land without letting the lender know, he said.

However, he said, the company has not asked its lender for permission or given the city any contact information so that it could do so.

Additionally, he noted that the company hasn’t presented the city with any documents to verify that the $3,500 is a true cost of negotiating with its lender.

“It appears to me that Beech Grove is wanting more money out of the city,” Wilder said.

In order for the lender to consider changing the mortgage agreement, legal fees have to be paid, said Clyde Lee, spokesman for Buckingham. He noted that the company would gladly provide documentation from the lender, which will show that the $3,500 is needed.

“Buckingham wants this project to go through, but they must go through the guidelines of the lender,” Lee said.

“In this economy, they can’t afford to absorb the $3,500 fee.”

The sidewalk project started in April, but was talked about for some time before that. It’s been called an important project by members of Jeffersonville’s Board of Public Works — which is overseeing the work — because Jeffersonville High School is nearby.

However, the apartment complex has been an important aspect, as well.

“We did this because so many people from Beech Grove Apartments were wondering if they can’t get some sidewalks,” said Barbara Wilson, a member of the board and of the Jeffersonville City Council.

Wilson said the sidewalks likely will end before getting to the complex if an agreement cannot be reached.

The project cost about $145,000. The bid for the work was awarded to Clark Nickles in November.