Resident urges council to address unfinished roads in Briarwood subdivision; city engineer says staff pursuing resolution

Michael Clements, a resident of the Briarwood subdivision, told the Terre Haute City Council on March 6 that a developer left road and sidewalk work unfinished on Orin Drive and nearby streets and that the developer’s bond was released years ago.

“I take it that that was a mistake,” Clements said, describing a worn base pavement layer that he said has been down for “probably over 30 years” and asking “where do we stand as far as getting something done.”

City Engineer Marcus told the council his office has located a letter from engineering stating the bond could be released and that the release appears to date to about February 2001. Marcus said there has historically been confusion in the city code about which jurisdiction holds developer bonds; current practice is the city holds them. He said the roads in the Briarwood subdivision and a separate Meadowwoods Crossing subdivision are private and were never accepted through the city’s acceptance process.

Marcus said staff and the city attorney are reviewing files and pursuing recourse for both subdivisions. He outlined the usual path to public maintenance: the developer completes missing sidewalks and surface pavement to city standards, the Board of Works accepts the streets, and the city then provides services and maintenance. If a developer will not complete the work, Marcus said the city might offer to complete repairs itself and then seek reimbursement from the developer — “it would be kind of a good faith offer” that takes advantage of the city’s contracted asphalt pricing.

Council members asked practical questions. Councilman Chalos asked whether the developer was still active; Clements replied the developer spends most time in Florida but remains in business. Councilmember Loudermilk asked Marcus whether the bond release date was known; Marcus gave the February 2001 date and said staff are working with legal to find a resolution. Marcus also said Meadowwoods Crossing had received final surface asphalt in part after prior negotiations but still has outstanding items such as as-built drawings and some missing sidewalk.

The engineer said the city does not currently maintain the Briarwood roads because they never went through the acceptance process and that the city does not want to accept streets that would require immediate taxpayer-funded repairs. Marcus said staff have compiled lists of missing work for both subdivisions and are working on an offer to resolve the issues.

Council members did not vote on this matter during the meeting; Marcus said staff would continue to pursue possible legal and administrative options.