Here is a view from the Park Theatre over to Stellar Plaza. Just how pedestrians would traverse the tracks of the Madison Railroad is now the object of some contention.—Staff Photos by Barbara King
Here is a view from the Park Theatre over to Stellar Plaza. Just how pedestrians would traverse the tracks of the Madison Railroad is now the object of some contention.—Staff Photos by Barbara King
A final agreement between the Madison Railroad and the City of North Vernon on the Madison Avenue Stellar Communities work is now in the hands of attorneys. At the last City Council meeting, Cathy Hale, director of the Madison Port Authority, told the Council they should talk only to her board's attorney about resolving the issue of sidewalks to Walmart.

Now, the Council has directed their attorney to follow this direction to resolve a nagging Stellar issue which threatens to delay and, in the worst scenario, topple the project which would upgrade Madison Avenue, its intersection with East O&M Ave. and the one-block length of Fifth Street between the CSX track and the Stellar Plaza.

According to Mayor Harold "Soup" Campbell, the parties need to reach agreement soon because the letting "has to be ready to go by October 1." With federal money being used for this project, known as Phase II, it is a matter of "Use it or lose it," he says.

Due to city attorney John Roche's having an unexpected operation last week, he has asked Corinne Finnerty to handle the issue with the Madison attorney.

The "sore point" in the Phase II plans has to do with the middle entrance to the plaza lying directly across from the Park Theatre and how the crossing would be built.

The city's contention is that the Port Authority signed the plans for the crossing in a contract dated July 22, 2013.

Now, though, there are changes the railroad wants to make, according to Dave Cheatham. Cheatham has been hired by the railroad or Port Authority to deal with the issues here in North Vernon.

Cheatham was at the City Council meeting Monday; however, the issue was not discussed, with the board only saying the matter is now in the lawyers' hands. Cheatham said he was surprised as he thought there was agreement on changes discussed with the Stellar Committee on June 16. Those present included the mayor as well as Councilor Connie Rayburn.

"This was presented at the Stellar meeting and agreed upon," he said.

However, Mayor Campbell said later that the final decision on any Stellar matter rests squarely in the hands of the City Council. Just because the Stellar committee might have agreed with Cheatham does not mean the Council will, said the mayor.

Cheatham explained that the railroad wants the height of the fence running the length of the plaza to be 48 inches, not the stated 42. There is a gate to be installed for the center crossing which would be kept locked in both plans.

The two main issues are "grade elevation" as the new curb is higher than the tracks, he claims, and concrete pads which are apparently in the plans.

The railroad is also wanting a "temporary ramp" which would be installed by their crew before any event on the plaza so pedestrians could smoothly traverse the track. The Port Authority would have to be notified three days in advance for the crew to install the ramp. A "work permit" would then be issued as long as the event did not interfere with scheduled work.

The project engineer, Cory Whitesell, did not attend the Stellar meeting where this was discussed, said Councilor Rayburn.

"We want to stay with the original contract," she said Tuesday.

Annexation proceeds

The annexation ordinance was introduced for two areas the city hopes to bring into its fold. It is expected the ordinance will be acted upon at the Council's next meeting on July 14.

The next step would be the formal notification of all property owners impacted by this move. A public hearing will be held on the issue on Wednesday, Sept. 10 at 6 p.m. at the ETC building on West O&M Avenue.

The two areas to be annexed are:

"Area 1" is described as State Road 3, County Road 350 North, County Road 300 North, State Road & and US 750 vicinity (Hwy. 50 bypass). There are 772 acres with 203 parcels of property with a population of 387 people.

This area includes acreage on Hwy. 3 owned by Frank and Steve Miller, which has been described as a key reason to annex this area.

"Area 2" is described as Curry Drive, County Road 75 West, County Road 250 North, County Road 20 West. There are 503 acres with 54 parcels of property with a population of 72 people.

The area includes the Ellis gas plant, the stone quarry, industrial properties, city cemetery and homes.
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