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The Indianapolis Star / July 23, 1999

Short section of Monon Trail may open soon

By Michelle Barbercheck

Carmel, Ind. (July 23, 1999) -- At least one stretch of the Monon Trail may be paved and open to the public before the end of this year's warm weather season.

It won't be a long segment, but city spokeswoman Nancy Heck said city officials hope to see the trail landscaped and paved from 116th to 131st streets sometime this fall.

"I know to avid bikers and runners, this won't be a lot," Heck said, "but for people who want to ride their bikes or take their kids down to the city's Farmers Market some Saturday morning, then this is a very nice stretch."

Enough adjoining property owners along that portion of the abandoned railway corridor have agreed to sell, Heck said. City officials have been trying for more than two years to obtain a 5.2-mile stretch of the Monon from 96th to 146th streets.

220 landowners involved

That meant property from 220 landowners -- much of it backyard slices -- needed to be purchased. The city has been offering not less than $23,000 per acre, paid out of a land acquisition budget of more than $1 million. Grant funding so far makes up roughly $240,000 of that amount.

Development of the 33-foot-wide trail, including 12 feet of asphalt pavement and 21 feet of landscaped buffer, is expected to cost $1.1 million, paid through the Carmel Clay Parks and Recreation Department. As land is acquired contiguously, sections will be laid and landscaped, Heck said.

To be used by walkers, joggers, bikers and in-line skaters, the trail will run entirely through Carmel and Clay Township, linking an already completed section of the trail south into Indianapolis. Long-range plans are to continue north through Westfield and beyond.

But the going has been slow in acquiring the necessary land. Some of the delay can be attributed to dozens of residents who weren't happy with the city's plan.

From the onset, some property owners abutting the railway and other residents have spoken against extending the Monon Trail, citing fears it would bring an increase in neighborhood crime and a decrease in privacy, security and property values. Many landowners refused to sell until those concerns were addressed.

New agreement helped

After five months of what he described as an "incredible" negotiation process, Braun said his clients recently reached agreement with Mayor Jim Brainard and other city officials that is leading to the sale of their individual parcels. Braun said officials made some significant modifications in their original plans to appease the property owners.

Just pulling the opponents' precise concerns together was time-consuming, Braun noted. "It was kind of like herding butterflies at times," Braun recalled.

Enter Mayor Brainard

Braun credits him with playing the pivotal role in reaching a written agreement acceptable to both sides. City Attorney Douglas Haney agreed that modifications made in property contracts with Braun's clients significantly influenced the number of settlements reached in recent weeks.

In many instances, security and liability concerns of property owners were met when city officials agreed to take legal responsibility for the landscaped easement that will run alongside the trail, Braun said. Haney noted that property owners also are being offered an opportunity for thicker shrubbery and a more individualized choice in vegetation they want to see growing behind their homes.

Another big concern -- where trail users will park -- also was mitigated by Brainard, Braun said.

The mayor assured that two 50-spot parking lots would be built, one each at the north and south trailheads. The lots are to be constructed before those segments are opened, Braun said. <

Parking concerns resolved

The mayor also moved to quell yet another worry: that trail users will park in neighborhoods and trudge through back yards to access the pathway. He has proposed implementing a resident parking program to alleviate the problem, Braun said.

Ultimately, negotiations resulted in covenants that became part of a modified agreement Braun characterized as "a very good, very comprehensive document."

"The city has come a long way. They agreed to far more terms than what the group (of critics) initially talked about a year ago," Braun reflected.

More than half of Braun's clients are now either finalizing or engaging in settlement proceedings, he said.

Still some holdouts

Braun acknowledged there remains a handful of property owners who've waged war against the Monon project and who don't appear to be gaining much ground in terms of settlement negotiations. Since none are his clients, Braun declined to speculate how much of a delay those cases might create.

Haney mentioned the remaining property owners who have been most adamant about not settling.

"We have initiated condemnation action against those who have not responded to our uniform offer or declined to settle this short of litigation," Haney said, noting that the city has always tried diligently to reach amiable agreements with all property owners.

Heck explained that despite the opposition from some land owners, the sheer volume of property sales involved in the Monon project is the main reason why pavement of the trail has turned into such a long process.

To handle the number, offers were sent out to property owners in small batches at a time to keep the city's legal department from being inundated, Heck said, so replies and legal challenges came through in waves over many months.

"It's a lot like what you would go through if you sold your house 220 times," she said, referring to the title work and other legal documents that need to be researched and filed before a sale is final.

"Even if everybody said yes all at once, it would still take us time to get it all together," Heck added.

Some tired of waiting

For area residents anxious to use the trail, though, it's been no easy wait. Heck said her office has fielded numerous inquiries since the weather turned warm from residents hopeful to see construction begin so they can use the trail before the snow flies.

"I know it seems like it's taking so long for this to happen, but we are making good progress. People need to know that this is not a matter of whether the trail will be constructed. It will be constructed. This will happen," assured Heck, "It's just going to take time."

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