Southwest Clay Annexation No Conforming Report to Council 10/2011Report Detailing Concerns
of SW Clay Residents
that the Proposed
Crooked Stick Estates Drainage Project
DOES NOT CONFORM
to the SW Clay Settlement Agreement
(October 25, 2011)
respectfully presented to the Annexation & Land Use Committee by:
Michael R. Shaver, Fred Yde, NOAX
Steeplechase Dr. Crooked Stick
Dwight Lile,
Constitutional Patriots,
Connaught Drive
Carol Schleif,
City Councilor -Elect
SW Clay District
NOTE: This report is presented to the Carmel City Council and its Annexation &
Land Use Committee by private citizens, with the express intent ofan objective
presentation of facts related to this project. As such, it is our collective intent that
the subject material be presented without accusation, blame or recrimination to
any party involved in the Crooked Stick Drainage project proceedings. Our intent
is simply to provide information appropriate to enable the City Council to
ascertain whether the premises of the Crooked Stick Estates Drainage project
conform and comply with the SW Clay Annexation Settlement Agreement. We hope
and trust that this report will be accepted and viewed in this spirit of objective
public discussion.
Report to the Annexation & Land Use Committee (October 25, 2011)
Purpose of this Crooked Stick Drainage Project Report
The purpose of this report is to provide the Carmel City Council with an analytical baseline for
assessing whether the county- approved Crooked Stick Estates Drainage project meets the terms
and conditions set forth in the SW Clay Annexation Settlement Agreement.
The citizens of the newly annexed SW Clay area are extremely sensitive to the need for the City
to honestly fulfill the terms of the Settlement Agreement. As such, the proposed drainage project
for Crooked Stick Estates, which was approved by the County Drainage Board in August, 2011,
has been questioned as to its validity and origin.
On October 3, 2011, multiple residents of the SW Clay area requested that the City Council take
the county- approved Crooked Stick Estates Drainage project under advisement to determine
whether the project conforms to the Settlement Agreement, especially with regard to the
assertions made in the County Surveyor's report that the city would pay the cost of the drainage
project. In response to the citizens' requests, the City Council assigned the Council's
Annexation and Land Use Committee (ALUC) to review the project and make recommendations
to the full Council.
The purpose of this report is to present the ALUC with the facts and documents which present
the rationale used to determine the propriety ol'the project, with regard to the terms and
conditions of the Settlement Agreement.
Summary of Conclusions Related to the Crooked Stick Estates
Drainage Project
The public documents acquired and examined suggest that the following conclusions are
appropriate with regard to the Crooked Stick Drainage project, as approved by the Hamilton
County Drainage Board:
• The Annexation Settlement Agreement clearly set forth that drainage projects would be
professionally assessed and quantified in a Master Drainage Plan.
• A Master Drainage Plan was, in fact, developed by Crossroad Engineers and approved
by the city.
• The City of Carmel clearly set forth a process by which drainage projects would be
funded in Ordinance D- 1969 -09, as well as specifically setting aside funding for a
"Crooked Stick" drainage project in that Ordinance.
2 1 Report to the Annexation & Land Use Committee (October 25, 2011)
• In 2010, the Hamilton County Surveyor's office received a petition from certain property
owners in Crooked Stick Estates to resolve a drainage problem, and the County
Surveyor presented a report on that petition project in March, 2011
• However, due to unspecified miscommunication, the drainage problem cited in the
Master Drainage Plan for Crooked Stick Estates is NOT the same drainage problem cited
or addressed in the petition which the County Surveyor received.
• The funding and project approval process identified in Ordinance D- 1969 -09 affords the
City Council the opportunity to review and approve or disapprove projects to be funded
under the Settlement Agreement.
• The funding approval process described in Ordinance D- 1969 -09 was NOT followed in
the approval of the Crooked Stick Estates Drainage project, therefore, city funding is NOT
committed for construction of the Crooked Stick Estates Drainage project.
• The sequence of events related to the Crooked Stick Drainage project has led to a
lawsuit filed by residents of Crooked Stick Estates to halt the proposed project.
Requested Council Action Regarding the Crooked Stick Drainage
Project and the Fulfillment of the Settlement Agreement
The residents of SW Clay which have reviewed the Crooked Stick Estates Drainage project have
made two respectful requests of the City Council with regard to the fulfillment of the terms and
conditions of the Settlement Agreement, summarized as follows:
• That the City Council (and ALUC) review the facts of the project and notify the County
Drainage Board that the City has NOT approved funding for the Crooked Stick Estates
Drainage project, as alleged.
o In order to be fair to all parties involved, we ask that the County Drainage Board
be notified in writing, as a courtesy to the County, in order to prevent an
additional waste of taxpayer resources with regard to the Crooked Stick Estates
Drainage project, and the lawsuit which has resulted.
• That the City Council (and ALUC) work in cooperation with NOAX and SW Clay area
residents to develop a process for reviewing projects alleged to fulfill the terms and
conditions of the Settlement Agreement in order to prevent a recurrence of problems
such as the one experienced for Crooked Stick Estates.
o We note that the process employed for developing and considering alternatives
to address the Bridleborne drainage project can serve as a model for future use
by the City Council.
3 I Report to the Annexation & Land Use Committee (October 25, 2011)
Summary Chronology of Documents & Events
Crooked Stick Estates Drainage Project
The Summary Chronology of the Crooked Stick Estates project, presented below, attempts to
give the reader a brief overview of the evolution of the "Crooked Stick Drainage" project.
Additional details are presented later in this report, along with Appendices containing the
original public documents which form the basis for analysis.
Document/Event
Date
Relevance
SW Clay Settlement Agreement
September,
2005
Commitment to develop "Master Drainage
Plan" and fund SW Clay drainage
projects, including "Crooked Stick"
Southwest Clay Township
Master Drainage Plan
Identifies "Crooked Stick Estates"
drainage problem "along Ditch Road"
Ordinance D- 1969 -09
December,
2009
Establishes process for project
funding /approval by City Council & sets
$1M for drainage projects, including
"Crooked Stick"
Crooked Stick Estates Petition
for Drainage Project
April, 2010
Complaint does not correspond to Master
Drainage Plan problem /project for
"Crooked Stick Estates" project
County Drainage Board Report
March, 2011
Recommends relocating stormwater flows
from Thomas Hussey Drain pond to Clay
Creek Drain.
County Drainage Board
"Findings & Order for
Reconstruction"
April, 2011
Approves Report (above)
County Drainage Board public
meeting
August 8, 2011
Proposed alternative is not the best
'engineering' alternative: "adding an
ADDITIONAL 10 -15 cfs (6 -10 million
gallons /day)" to Clay Creek.
County Drainage Board Final
Approval of Crooked Stick
Estates Project
August 22,
2011
Project approved over objections from
Clay Creek landowners.
Lawsuit Filed
August 24,
2011
Alleges improper process and other flaws
4' Report to the Annexation & Land Use Committee (October 25, 2011)
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SW Clay Settlement Agreement
The SW Clay Settlement Agreement ( "Settlement Agreement ") was executed in September,
2005. The Settlement Agreement specifies a number of commitments to the residents of SW
Clay, however there are two specific sections which relate to the Crooked Stick. Estates drainage
project, and those sections are presented in relevant part below (See also Appendix A).
Section I. k. "Carmel will develop a master drainage plan within 2 years (One the Effective
Dale of this Agreement to address and correct drainage problems in all of the Annexation
Territory'.
Section 1.1. "Carne/ will cause engineering plans to be drawn and complete
ennstruction and implementation thereof for the drainage issues in LW' 6171111 Walnut
Creek, Kings Mill, Brtdlehorne, Windemere, Crooked Stick and Crooked Stick West ...
The cost of these improvements shall he funded with the „hinds allocated to road
improvements in Carmel's Fiscal Plan that w-e not neededtbr the road
improvements...."
(Note: Section 1.1. of the Settlement Agreement is the section upon which the County
based its claims related to funding the Crooked Stick Estates drainage project.)
(Note: Section 1.k. of the Settlement Agreement was fulfilled through the approval of the
Southwest Clay Township Annexation Master Drainage Plan (`Master Drainage Plan ") as
prepared by Crossroad Engineers.)
Ordinance D- 1969 -09, as Amended (... Approving a Lease ... Pledging
County Option Income Tax Revenues ... to Pay Certain Obligations...)
Ordinance D- 1969 -09 was passed in December, 2009, approving a bond issue in the amount of
$26.3 million' to pay for several projects, including projects listed in " rhibit A: List of
Projects," which includes in relevant part, the following:
Item #4: "Drainage projects in Southwest Clay Township neighborhoods of Larkspur,
Walnut Creek, Kings MW, Bridlchorne, Windemere, Crooked Stick and Crooked Stick
West, to satisfy obligations under annexation agreement. ESTIMATED COST:
SI, 000, 000 "
In addition, Ordinance 0- 1969 -09 included provisions related to the process of approving
construction projects funded through the bonds approved under this ordinance. Those provisions
are included in "Exhibit 13: Construction Bidding & Change Order Procedures," which includes
in relevant part, the following provisions (See Appendix 13):
5 I Report to the Annexation & Land Use Committee (October 25, 2011)
"hem I. Whenever the hoard of Public Works ... (i) awards a construction bidding
contract relating to the Projects, or (ii) approves a change order relating to the Projects
that individually or in the aggregate exceeds 549,999 (each, a "HMV Decision'), the
4Vork_s board shall deliver written notice of the BPW Decision to the Clerk - Treasurer,
together with instructions to deliver a copy ofsuch notice to each member of the
Canutton Council by dose of business 011 the next business dory....
"Vem 2.... the Cmm11rnn Council shall have the right to review and approve . reject or
marli/y the I3PW decision."
The Lease document attached to Ordinance D- 1969 -09 also includes the same "Exhibit A:
Description of Projects" as provided in the Ordinance, as well as Resolution 2009 -01 of the
Carmel Redevelopment Authority which establishes the Lease Rental Revenue Bonds, including
in relevant part.
"Whereas. the City of Carmel ... intends to issue ... bonds ....for the purpose ofproviding
jimds jor ... (C) the construction of certain roundabouts, drainage improvements and
bike paths in the .southwest day Township portion of the City...."
Resolution 2009 -01 also includes an `Estimated Project Costs Summary" which contains
a line item "Bike paths Si. drainage: $2,000,000."
Resolution 2009 -3 of the Carmel Redevelopment Authority approves the $26.3 million lease as
proposed, including the same "Exhibit A: Description of the Projects" as well as Item �4
describing the drainage projects in "Crooked Stick."
Southwest Clay Township Annexation Master Drainage Plan
The Southwest Clay Township Annexation Master Drainage Plan, prepared by Crossroad
Engineers, PC, was developed to fulfill the requirement of the Settlement Agreement and
contained multiple references to drainage projects in "Crooked Stick." -('hose references are
excerpted below in relevant part (see also Appendix C of this report).
Pages 6 -7: "Crooked Stick Estates ... Visual evaluation ... revealed several areas of
concern. Pandang was noted within a roadside ditch north of Prestwick Lane along
Ditch Road, likely due to being fulled with sedimentation. Next, water ponding on the
north side of Crooked Stick Lane and Ditch Road was evident due to the presence of
landscaping preventing stornewater conveyance from entering the Swale behind the curb
(see Crooked ,Stick (-states pictures in Appendix 13). Also, miscellaneous ponding in rear
yard .swales were reported. The Hamilton County Surveyor's Office reported drainage
complaints of drainage struct res failingon the west side of Ditch Road, south of
Report to the Annexation & Land Use Committee (October 25, 2011)
Crooked Stick Lane and near the maintenance facility. Also, several complaints due to
erasion control issues were reported. "
Page 19: "Crooked Slick Estates _. thefdl extent and cause ofthe drainage issues are
not yet determined for the development. Further investigation will be required to,fnst
determine the cause ofthe drainage issues, and then to determine the appropriate
resolution for the issues."
Page 25: "Conclusions and Proposed Project Priority /Timeline ... the City of Carmel _.
previously selected seven subdivisions. within the annexation territory to be, first level
priority projects ... Crooked Stick Estates ._. Proposed improvement implementation
shall consist of both plan preparation and construction completion for each
development.-
Page A -9 contains a map entitled "Section 8" which depicts the area of Crooked Stick
Estates.
Page A -12 contains a table entitled "Drainage Complaints in Southwest Clay" and
contains a line item "On Ditch Road between 106't' Street and 116`1' Street /H- 0682 -010"
(which is the vicinity of Crooked Stick Estates) and notes "0" complaints.
Page A -21 contains a tahle entitled "Seddon 8" (the section containing the Crooked Stick
Estates Area) with ten (10) Tine items related to drainage complaints on individual streets
within the area shown as "Section 8." Only one ofthe 10 line items (Preston Trail)
identities any drainage complaint, whatsoever. (Note: as shown on the table, neither
Prestwick Lane nor Prestwick Court cite any drainage complaints received.)
Page B -8 contains two photographs of drainage problems in Crooked Stick Estates with
both photos clearly depicting a drainage problem on the northwest corner of Crooked
Stick Lane and Ditch Road (confirming the Master Drainage Plan assertions of pp. 6 -7, as
noted above)
County Surveyor's Report (March, 2011)
The Hamilton County Surveyor issued a report to the Drainage Board on March 8, 2011, RE:
Clay Creek Drain, Crooked Stick Estates Section 4 Arm 1, which presents two alternatives for
resolving a drainage problem which was petitioned on April 12, 2010, "by four property owners
... representing 18.18% of the proposed watershed of Clay Creek." The report to the Drainage
Board is excerpted in relevant part as follows (sae also .Appendix D of this report):
(Page 1, paragraph 6) "Crooked S1dckEstates ispart or7he Southwest Clay Township
Annexation Agreement by the City of Carmel. .The City me Carmel, as part of this
7
Report to the Annexation & Land Use Committee {October 25, 2011)
annexation agreement, has agrees( to correct identified drainage issues in this
subdivision and has listed this subdivision as ct first priority"
(Page 2, paragraph 3) "Known Problems: The property located at 1535 Prestwick Lane
has a catch basin and storm drain pipe on both the east and west property ltne. Mr.
Thomas McCullough has a .swap line in his basement that outlet (sic) to the catch basin
near his north -west property line. When the pond elevation comes up, the water hacks up
into the .storm drain pipes and come (sic) out of the catch basin in the street. The sump
line has no inhere (sic) to discharge water and his hasement floods. The properties on
both sides of his property also experience flooded basements.-
(Note. McCullough was one of the petitioners who filed the petition cited on page 1 of the
Surveyor's report in 2010 and upon which this report was based.)
The County Surveyor's report recommends implementation of "Option 1 " at a cost of
$146,073, including construction of 1,086 LE of 24" concrete storm sewer line,
discharging the stormwater into Clay Creek via Prestwick Court.
(Note: The "Known Problem" described in the County Surveyor's report is NOT
described in any prior document related to the Settlement Agreement, including the
Master Drainage Plan. Instead, the "known problem" is based entirely upon the petition
filled in 2010. This inconsistency between he provisions of the Settlement Agreement &
Master Drainage Plan and the recommendations of the County Drainage Board is
problematic on several levels.)
(Note' the process by which the County Drainage Board approved the Crooked Stick
Estates project is also inconsistent with the provisions of Ordinance D- 1969 -09, as
presented above, in that the Common Council was not presented with the project as
provided in items 1 and 2 of the Ordinance for approval. This failure of process renders
the assertion invalid that Option 1 of the Surveyor's report was eligible for funding by the
city of Carmel by virtue of failure to comply with the provisions of Ordinance D- 1969 -09.)
(Note'. At the August 8, 2011, public meeting of the County Drainage Board, the County
Surveyor stated that the "Option 1" (proposed alternative) was NOT the best engineering
alternative to resolve the drainage problem cited in the petition.)
(Note: The County Drainage Board approved the project without involving the Common
Council, which stands in stark contrast to the process utilized with respect to the drainage
project in Bridleborne. Bridleborne was also listed as a first priority subdivision in the
Southwest Clay Drainage Master Plan. In February, 2011, the Common Council
approved an interlocal agreement with the County to fund the Bridleborne project.)
Lawsuit Filed by Crooked Stick Estates Residents
On August 24, 2011, a lawsuit was tiled to block construction of the Crooked Slick Estates
Drainage project by four residents of the Crooked Stick neighborhood. Clearly, the need for
lawsuits were not the intent of the Settlement Agreement
Report to the Annexation & Land Use Committee (October 25, 201
Appendix A: SW Clay Settlement Agreement
SETTLEMENT AGREEMENT CONCERNING
CAItMEL C1TY ORDINANCE NO. C -263
This Settlement Agreement ( "Agreement ") is made and entered into by and between: (I)
The City of Carmel, Indiana, the Mayor of the City of Carmel, Indiana, and the City Council of p
the City of Carmel, Indiana (collectively the "City "); and K) No Ordinance for Annexation
( "NOAX ") and its members (collectively. "NOAX ") on this_ day of p , 2005.
RECITALS
Whereas, the Cannel City Council published Annexation Ordinance No. C -263
("Ordinance ") on November 26, 2004;
Whereas, NOAX is an unincorporated association comprised of several hundred cwners
of land located in the area to he annexed pursuant to the Ordinance ( "Annexation Area" or
"Annexation Territory");
Whereas, NOAX is governed by a board made up of various homeowners association
presidents and officers as well as other community leaders;
Whereas, NOAX and its board have organized and led the cffon to oppose Ordinance C-
263, which has resulted in the filing of a remonstrance which is pending in Hamilton Superior
Court as Cause No. 29D03- 0502 -MI -188 (the "Remonstrance ");
Whereas, the City and NOAX desire to settle their differences and disputes concerning
the Remonstrance and the Ordinance in order to avoid the expense, burden, and inconvenience of
litigation;
Whereas, by the execution of this Agreement by the City Mayor and by the majority of
the members of the City Council, the City represents that this Agreement has been lawfully
approved by the Mayor and the Council.
ACREEM ENT
In consideration of the Recitals and terms set forth, the City and NOAX agree as follows:
1. Passage and Adoption of an Amendment to the Ordinance. The Carmel City
Council shall pass and the City Mayor shall execute an amendment to the Ordinance (hereinafter
the "Amendment "). The Amendment shall provide as follows:
a. The Amendment shall be effective only upon satisfaction of the conditions
set forth in Paragraph 3 herein.
b. The effective date ol'the annexation shall he three years following the date
of the order provided in Paragraph 3 herein.
c. A tax abatement program for the Annexation Temtory shall he
established, whereby 75 % of the property taxes for municipal purposes
Report to the Annexation & Land Use Committee (October 25, 20
net-
shall be abated in the first year following the effective date of the
annexation, 50% in the second year, and 25% in the third year.
d. In the fiscal plan adopted by Cannel, Carmel has projected to invest 540
million in road irnproventents in the Annexation Territory. Within ninety
(90) days of the Effective Date of this Agreement or January I, 2006,
whichever is last to occur, Carmel shall initiate a process by which the
existing Comprehensive and Thoroughfare Plan for the Annexation
Territory will be made available for review and revision as necessary and
advisable. Public meetings will be held in the Annexation Territory for
input, prior to any changes being made to this plan. NOAX and Cannel
understand and agree that until the annexation is effective, all
improvements to roads and streets arc subject to Hamilton County
approval. Subject to any necessary Hamilton County approval, Carmel
will commit up to $40 million to the improvement of intersections and
resurfacing of all roads in the Annexation Territory as needed to bring
them up to the standards within the Cannel limits over a period of six
years after the Effective Date of this Agreement. With the changes
provided herein, it is no longer estimated that the entire $40 million will
be required for road improvements. Intersection improvements at 10611 &
Shelburne Road, 96th & Towne Rd, 106°1 & Springmill Road, and 96th &
Springmill Road, will take priority over all other projects, with the first
intersection improvement being initiated within 90 days of the Effective
Date of this agreement. For purposes of this paragraph, initiation of the
improvement shall commence with the preparation of engineering plans
and not the commencement of actual construction. These intersection
improvements shall be coordinated pursuant to a traffic management plan
that is reasonable and consistent with good engineering practice so that
traffic will properly flow through the Annexation Territory while the
improvements are being completed. No decision to build or expand any
road in the Annexation Territory other than Illinois Street or
Commerce Drive from its current size or character will he made prior
to January, 2012, which is when those persons elected at the first
municipal election when registered voters in the Annexation Territory
are permitted to vote will assume office. This last sentence: (I) shall
not prohibit Carmel from accepting roads that are dedicated to
Carmel by a developer; and (2) shall not apply to the addition of a
turning lane which may be required by the City of Carmel with
respect to a new development ur new construction
e. "Collector Roads" for purposes of this Agreement shall mean in the
Annexation Territory: Springmill Road, Ditch Road, Shelborne Road,
Towne Road (all of the previous north -south roads from the southern edge
of 116th Street right -of -way to the southern edge of the 96th Street right -of-
way), 96th Street, and 106th Street. As a main feature of Collector Road
improvements, Carmel will install bicycle paths on both sides of Collector
10 I Report to the Annexation & Land Use Committee (October 25, 2011)
Roads in the Annexation Territory, depending upon topography and die
amount of available right -of -way.
f. A homeowners' association (that is recognized as a lax exempt
organization under Section 528(c) of the Internal Revenue Code) in the
Annexation Territory may request that Carmel vacate the streets in its
subdivision, and Carne] will vacate such streets a single time. For those
subdivisions in the Annexation Territory that do not have such a
homeowner's association, the request may he made by petition of a
majority of the homeowners in the subdivision.
g. Street lights at Towne Road intersections 146th and 116th, and Ditch Road
intersections 1l& and 96th, shall be replaced with lights similar to those
nt the roundabout at 136th and Springmill Road.
h. Carmel will redistrict its council districts prior to the first municipal
election following the effective date of the annexation, and in so doing, the
territory bounded by US 31 to the East, 116`h Street to the North, the
Boone County line to the West and 96`' Street to the South, will not he
divided (although it may be included with other territory as a part of a
larger district).
It is Carmel's intention that until the review and revision as necessary and
advisable of the Comprehensive and Thoroughfare Plan is completed, no
changes should be made in the Annexation Territory that will create a
housing density of greater than one unit per acre and that no changes in the
zoning district for property in the Annexation Territory outside of the
commercial corridor along the Michigan Road district (collectively
"Zoning Changes ") should be made. It is further Cermcl's objective that,
prior to the assumption of office by the officers elected at the first
municipal elections where voters in the Annexation Territory are
permitted to vote, Zoning Changes in the Annexation Territory should not
he permitted. Cannel will fulfill its legal obligation to give due
consideration to any properly submitted request for a Zoning Change, but
Carmel also recognizes that Zoning Changes in the Annexation Territory
would, in general, not be in the public interest prior to the time when the
review and revision of the Comprehensive and Thoroughfare Plan has
been completed and voters in the Annexation Territory have
representation on the Council.
j. Commensurate with the expiration of term of the current member of the
Canner Plan Commission appointed by the Mayor whose term expires
first, the Mayor will appoint to the Carmel Plan Commission one member
who resides in the Annexation Territory. A resident of the Annexation
Territory shall continue to serve an the Plan Commission at least until the
election of a council member from the new district incorporating the
Annexation Territory.
Report to the Annexation & Land Use Committee (October 25, 2011)
k. Carmel will develop a master drainage plan within 2 years of the Effective
Date of this Agreement to address and correct drainage problems in all of
the Annexation Tenilary.
1. Carmel will cause engineering plans to be drawn and complete
constmction and implementation thereof for the drainage issues in
Larkspur, Walnut Creek, Kings Mill, Bridlebome, Windemere, Crooked
Stick, and Crooked Stick West within five (5) years of the Effective Date
of this Agreement, and within 7 years for the remainder of the Annexation
Territory. The cost of these improvements shall be funded with the finds
allocated to road improvements in Carmel's fiscal plan that are not needed
for the road improvements prided in Subparagraph (d) herein -
m. 11 is Cannel's practice and desire to bury electric service and other
overhead lines wherever possible throughout the existing City limits.
Carmel will work diligently with the electric service provider to May
power lines in the Annexation Territory where practical, affordable and
feasible, recognizing that the decision to hury such lines lies ultimately
outside Carmel's control. to the extent practical, affordable and feasible,
Carmel may dedicate some of the fonds that would othcnvisc have been
dedicated to road improvements under the fiscal plan to the burying of
such lines.
n. All otter provisions of the Ordinance and the fiscal plan for the
Annexation Territory shall remain [he same except as to the extent
expressly modified herein, particularly with respect to roads
(Subparagraphs d, I., and m. herein).
2. City's Payment for NOAX's Reasonable Costs and Attorneys' Fees. The City
shall reimburse NOAX for the actual costs and attorneys' fees it incurred related to this matter
and the settlement reached by the parties, not to exceed $515,000.00. Said payment will he made
within 60 days nder the Court's ruling in Paragraph 3.
3. Conditions. The Amendment in Paragraph I shall not take effect unless and until
the Court hearing the Remonstrance issues a final order no longer subject to appeal affirming the
Ordinance as amended by the Amendment and approves the terms of this Settlement. IF this
condition is not satisfied, then the amendment detailed in Paragraph 1 herein shall be of no
effect, the stipulation provided in Paragraph 4 heroin shall be vacated, Carmel shall not he
obligated to .reimburse NOAX's fees pursuant. to Paragraph 2 herein, and the parties shall be
returned to their respective positions in the Remonstrance prior to entering this Settlement
Agreement. The Effective Date of this Agreement shall be the date that the Conditions in this
Paragraph have been satisfied:
4. Stipulation. Subject to the conditions in Paragraph 3, Cannel and counsel for the
rentonstrators in the Remonstrance on behalf of NOAX shall submit the Amendment to the Court
in the Remonstrance; and NOAX. its counsel, and its members shall not contest the following,
Report to the Annexation & Land Use Committee (October 25, 2011)
even if landowners in the Annexation Territory appear at the Remonstrance hearing to contest
the Annexation:
a. Sixty(60) percent of the Annexation Territory is subdivided.
b. The Annexation Territory is contiguous to the Carmel corporate limits;
c. Cannel's fiscal plan as amended herein for the Annexation Territory
satisfies the requirements of Ind. Code § 36 -4 -3 -] 3(d);
d. Ordinance No. C -263 as amended is in the best interest of owners of and
in the Annexation Territory; and
e. Fewer than 65% of owners of land in the Annexation Territory and the
ownors of less than 75% of assessed valuation in the Annexation Territory
are opposed to the annexation Under Ordinance No. C -263 as amended.
In the absence of opposition presented by some other landowner or landowners
from the Annexation Territory at the Remonstrance hearing, NOAX and Carmel
shall also stipulate to these above matters.
5. Breach• Enforcement of Remedies. It is understood by the City and NOAX that
each party shall have the right to institute and prosecute any proceeding, at law or in equity,
against any other party hereto for violating or threatening to violate any obligation contained in
this Agreement, which right shall include the right to seek and obtain in any court of competent
jurisdiction an injunction to restrain a violation or alleged violation as well as the right to
damages at law. Any party violating any obligation to this Agreement agrees to indemnify and
hotel harmless the other party against and from any and all liability, loss, or damage arising from
such breach, including any and all legal costs, charges, and attorneys' fees reasonably incurred in
enforcing such obligation.
6. Acknowledgement of Parties. Each party hereto acknowledges, covenants, and
agrees that. it has read this Agreement, that it understands its teens including the legal
consequences thereof, and that in offering to make, and in making, executing and delivering this
Agreement, it was not acting under any duress, undue influence, misapprehension, or
misrepresentation by any party hereto, or any agent, attorney nr other representative of any party
and that this Agreement was made, executed, and delivered as a free and voluntary act,
7. Entire Agreement, Reliance, Binding Effect. this Agreement represents a
complete and total integration of the agreement of the parties hereto and supersedes all prior or
contemporaneous written or oral agreements relating to this subject matter, The parties hereto
agree thai any and all prior agreements covering the subject natter of this Agreement are hereby
tut-initiated and are of no further force or effect. The parties hereto intend that each of the
representations is made for the purpose of inducing each other to execute this Agreement, that
each of the representations is true, and the parties hereto expressly authorize each other to rely
upon such representations and acknowledge that such representations have in fact been relied
upon by each party. All of the obligations contained in this Agreement shall be binding upon the
parties hereto, and their respective successors, assigns, or other representatives.
13
Report to the Annexation & Land Use Committee (October 25, 2011) m
4
R. Authority and Representations.
a The undersigned persons executing this Agreement on behalf of the parties
hereto each represent that he/she is fully empowered to execute tli is
Agreement in the capacity sliovm below and that all necessary action For
the making of this Agreement has been taken and done. It is understood by
both parries that empowerment cif the signatories for NOAX must be
granted such empowerment by the receipt of signatures set forth in
Paragraph 8.113 responding to the request for empowerment by NOAX.
U NOAX Representations:
By executing this Settlement Agreement, the officers of NOAX represent
the following:
1. The officers of NOAX have executed this
Agreement, pursuant solely to the aufoority granted
to them by vole of the Executive Board of NOAX.
Such execution does not represent any grant of
authority from the collective Remonstrarinb
Petitioners in the action wh'ieh is pending in
Hamilton Superior Court as Cause No, 29D07-
0502 -M1- I88.
2. The officers of NOAX agree to use their efforts, for
a period of ninety (90) days from the execution of
this Agreement, to seek the approval of this
Agreement by the remonstrating petitioners and
other owners of land in the Southwest Clay
Annexation Area.
3, The officers of NOAX agree to submit this
Agreement to the Court for its approval at the end
of the ninety (90) day period if the officers of
NOAX have ohtained the signatures from 50°% plus
1 (one) (a simple majority) of landowners in the
Annexation Territory who have returned a ballot in
that time that indicates their desire to accept this
Agreement and to not oppose the annexation
pursuant to Ordinance 0 -263 as amended pursuant
to the Amendment.
e Cannel Representations:
By executing this Settlement Agreement, Carmel represents the following:
Report to the Annexation & Land Use Committee (October 25, 2011)
Carmel will he bound by the terms of this Settlement Agreement
and may not revoke its consent to this Settlement Agreement
unless, within ninety (90) days after the date or execution Merit,
the officers ❑fNOAX refuse to submit this Settlement Agreement
to the Iiaminen Superior for its approval. The parties specifically
recognize that a decision in the action entitled Certain Hance Mace
Territory Landowners v City of Carmel, brtlimru, Hamilton
Superior Court, Cause No. 29D03- 0502 -■1 -169 may impact the
issues in the action between the parties, but the Agreement of the
panics entered into herein shall not be impacted and does not
constitute a basis for either party to breach the teens of this
Agreement.
2. Carmel agrees that it will defend and indemnify the officers
of NOAX (identified on Attachment A hereto) against any
claim or lass, in the event that any of the remonstrating
petitioners or other land owners in the Southwest Clay
Annexation Territory institutes a personal Legal action
against (hose officers by reason of the officers' pursuit of
this Agreement.
9. Fire Contract. During the three year period under which annexation is delayed
pursuant to the Amendment, Carmel agrees that it will not change either the mclhodotogy of
computing Clay Township's allocation of costs in the Contract for Eire Protection Between
Camel and Clay Township (the 'ire Contract ") or the types of costs which are allocated to fire
service for purposes of the Fire Contract.
10. Counterparts, This Agreement may be executed in counterparts, each of which
shall be deemed an original, and each subsequent counterpart shall together constitute but one in
the same instrument.
11. Miscellaneous. The parties agree to never contest the validity or enforceability of
this Agreement's provisions. This Agreement and its tens shall be Interpreted under the laws of
the State of Indiana. When applicable, use of the singular form of any word shall mean or apply
to the plural, and the neuter form shall mean or apply to the feminine or masculine, The captions
and headings appearing in this Agreement are inserted only as a matter of convenience and are
not intended to define, lima, construe, or describe the scope or intent of such provisions. Time is
of the essence regarding this Agreement.
12. Non - Waiver of Rights. No failure by any party hereto to enforce, on one or
more occasions, any tenn or provision hereof shall be effective unless in writing, nor operate as a
later waiver of any right or remedy.
13. Modification. No change or modification of this Agreement shall be valid unless
the same is in writing and duly executed by all the parties hereto, or their duly authorized
successors and assigns.
Report to the Annexation & Land Use Committee (October 25, 201
14. Severability. The invalidity of any prevision(s) contained in this Agreement
shall not operate to cause any remaining provisions to be deemed invalid, provided that, the
terms and obligations of the parties and the Agreement itse €f stilt reflect the panics' intent.
IN WITNESS H13RfQF, the parties hereto have executed this Agreement as of the day
and date first writ len above.
CITY OF CARMEL
I'icpa d by: Nichilas K. Kllc
aan+�s k l'homhurg
11 Souili Mo[iilim' Screq[
Indieniwoln, Indiana 96264
[NI)N I KKK-794105+7
16
pep e
Richard le. Sharp
a
7aA %s C. Brainard, M
No Ordi .'ce far ercation d/h /a NOAX
An Un torpor Association of Propeny
Owners in the - nexation Territory
By;
Stephen R. I3uschmann, Counsel for NOAX
Report to the Annexation & Land Use Committee (October 25, 2011)
Appendix B: Ordinance D- 1969 -09, as Amended (... Approving a Lease ... Pledging
County Option Income Tax Revenues ... to Pay Certain Obligations....)
Ordinance D- 1969 -09 covers a broad range of matters, therefore in the interest of brevity and
efficiency with regard to the time and resources of the ALUC, the portions deemed relevant to
the Crooked Stick Estates project are presented below. A full electronic version of the
Ordinance can be provided upon request, and is also available on the City's website.
Sponsor: Councilor Snyder
ORDINANCE D- 1969 -09
AS AMENDED
AN ORDINANCE OF TIIE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, APPROVING A LEASE BETWEEN THE CITY OF CARMEL
REDEVELOPMENT AUTHORITY AND THE CITY OF CARMEL REDEVELOPMENT
COMMISSION, PLEDGING COUNTY OPTION INCOME TAX REVENUES OF
THE CITY TO PAY CERTAIN OBLIGATIONS AND TAKING OTHER
ACTIONS RELATED THERETO
NOW, 'THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA, as follows:
Section I. Approval of Lease. The Common Council hereby approves the Lease, as
approved by the Commission, pursuant to IC 36 -7 -14 -25.2, on the following conditions: (a) the
maxim uln original issued amount of the Bonds shall not exceed S26,630,000, (b) the awarding of
all cot struetion bids for the various portions of the Projects shall he subject to the procedures set
forth 11 Exhibit B hereto; (c) any change orders for the Project that exceed S49,999 shall be
subjec to the procedures set forth in Exhibit B hereto; and (d) the Common Council shall
apprm e the use of any surplus construction proceeds of the Bonds retraining after completion of
the Projects.
Section 4. Creation of Contract' Amendment of Ordinance.
(a) The provisions of this Ordinance shall constitute a contract by and between the
City a d the obligees of the Secured Obligations (including the Lease). Atter the issuance of any
Secur Obligations, the Common Council shall not, except as specifically provided in Section
4(b) o 4(c) hereof, repeal, modify or amend this Ordinance.
(b) The Common Council may, from time to time and at any time, without the
consent of or notice to any obligees under any Secured Obligations, adopt a supplemental
ordinance to modify or amend this Ordinance for any one or more of the following purposes:
(i) To cure any ambiguity or formal defect or omission in this
Ordinance or in any supplemental ordinance;
17 I Report to the Annexation & Land Use Committee (October 25, 2011)
EXHIBIT A
LIST OF PROJECTS
The Projects are listed below and shall he contracted for in the following order of
priority, unless a different order of priority is approved by resolution of the Common Council:
4. Drainage projects in the Southwest Clay Township neighborhoods of Larkspur,
Walnut Creek, Kings Mill, Btrdlebome, Windemcre, Crooked Stick and Crooked
Stick West, to satisfy obligations under annexation agreement. ESTIMATED COST:
51,000.000
EXHIBIT B
CONSTRUCTION BIDDING AND CHANCE ORDER PROCEDURES
I. Whenever the Board of Public Works, and Safety of the City (the "Works Board ")
(i) awards a construction kidding contract relating to the Projects, or (ii) approves a change order
relating to the Projects that individually or in the aggregate exceeds $49,999 (each. a "BPW
Decision "), the Works Board shall deliver written notice of the BPW Decision to the Clerk -
Treasurer, together with instructions to deliver a copy of such notice to each member of the
Common Council by the close of business on the next business day after the date the Clerk -
Treasurer receives such notice.
2. Subject to Section 3 below, the Common Council shall have the right to review
and approve, reject or modify the BPW Decision.
18 1 Report to the Annexation & Land Use Committee (October 25, 2011)
Appendix C: Southwest Clay Township Annexation Master Drainage Plan
The SW Clay Township Master Drainage Plan is an extensive document, in excess of 60 pages,
the bulk of which do not apply to the Crooked Stick Estates Drainage project. In the interest of
brevity for the ALUC and the City Council, only those pages relevant to the Crooked Stick
Estates project are included in this report. A full electronic copy can of the Master Drainage
Plan be provided upon request.
Southwest: Clay "Township Annexation
Master .Drainage Man
Prepared For:
N mDIA
City of Carmel
Engineering Delia rt men t
Page 6: " Sedian 2: Detailed Drainage Evaluation
Crooked Stick Estates
Crooked Stick IILSInes is :r developincin on the urst side of Ditch Road
that exientls from 1101' Sheet In IifG'` Slice] Ural Cmidoxi ,r .lt,rrrr >Cierr sesc:m and an,m -site
cictcncion l"neiiity. Visual cy;tluatin oillhC eubdivi rdnn a exisiaina ::ystct reccaled
scvrral areas of conccnr. Pondiine rt'ns noted iri[hin ;r ru.adside ditch in■rth of Prestwick I..nnc.
alone I )itch Road. Iiikeiv ilue to hero! Filled in with sedimenl:uion. Next. vVoter handing or the
north side el Crooked Slick Lane and Ditch Ittootf was evident clue to the presence of Inndscapinu
1 ILVcntine. stnrmvraICr comvcv :mcc from enleime the sv z L: behind the curb Isee Crooked Slick
19 1 Report to the Annexation & Land Use Committee (October 25, 2011)
Page 7: "Section 2: Detailed Drainage Evaluation"
1 :si:ticn pic!utes in Appendix fit. .Also, miscell.ntenos Banding in icttr 1;vti ?;woks 1t'ete repotred
The f litotihon C.tuinta Sin nvcyoi's ()I iice iepnitcil iiruinage c inpininr., ai'iIrnilra,x structure,-
boiling 011 the v si siilc of 1 Ditelt soul Cl0olte4.4 SIicIC [Wk... and near the in iinlen:mcc
Leilin'..11�0. si vcrtl cirmpl:iints titre R, erosion eornurtl issnc 1ven: reported. I=a iIicr in- dcptlt
rnv:.,,lig.ttion rrl the all h[h1'IS 01 s (13;lln;1t1 s' Sti'lll tS re(IIIIIC{I Iii ltllit' dcicrininc tlit c(rrecti -.,:
al'IiOn> that will he required tit tcsolve the drill wage isuc9, .1911 1.‘,. project sin,niti he considered
a tl r�l It ^ cl prim icy,
Page 19: "Section 3: Current Priority Projects"
C'.roalced SticI( f: :stales:
Currenily, Ihcrc hate hctn n(, construction pl:uc, completed for draintrgc imprit t'nncnts 10
he C:roakcd Sticl: 1 stales devclIputenI. as the full aster ! lut(I eaose of the draiimuc issues
arc nul vet drtcrntine(I fur the dceclopnlclu. I urllter inviceti ration will he required to tit_a
dcier-minc the i!suLi;. and than It, dClfrl11IflL the;tppnyvIUIt
resoIWionlcrr theissuci. the cil1Iltleiion:chrdlile.H t11e;tdditinoal inve,AiLaation arts!
I?roposect irttpro'cmcnts intplementatinn shall he ;is discussed iu ticcFio,n 5 u1 this mu::tcr
Han.
Page 25: "Conclusions and Proposed Project Priority /Timeline
Andiscusaed in Scutinrt .; oflhis' (Hu ninster pI;ii . the Ciiv af(2arnlel ;tntl the l-IaniEllon
(•tot) Surveyor, ()like Bove lrrcyihnsl,vselected seven stlixlivi i'rns tvilitin die anticsation
ttrrit(n'rto he lint level priority j rf jeL-LS- 11 c-sc stlhdili;iitI1 include L:ttlaspur. 11'alnut (::rca1:
Woods. 1 ,mots Mill. Iiridlchonrnc. 11''rIuIcincre, Crn0102(1 Slick Istntc [vroil f,:rtmIced Slick
Report to the Annexation & Land Use Committee (October 25, 2011)
Page A -9 contains a map entitled "Section 8" which depicts the area of Crooked Sticks Estates.
2
n
11.11111110/11 14Fn��c
04
►(f l:! a!s MI!
t.
21 ' Report to the Annexation & Land Use Committee (October 25, 2011)
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Page A -12 contains a table entitled "Drainage Complains 117 S'oulhwesI Clay"
DRAINAGE COMPLAINTS IN SOUTHWEST CLAY
LOCATION
SEC. ID#
CMPLTS
CMPLTS
On 96th Street between Boone Co. Line and Shelborne
11- 0044 -001
0
On 96th Street between Shelborne and Towne
1-1 -0044 -010
1
On 96th Street between Towne and Ditch
1-1-0044-020
0
On 96th Street between Ditch and Springmi11
1 -1 -0044 -030
2
On 106th Street between Boone Co. Line and Shelborne
1.1 -0055 -001
4
On 106th Street between Shelborne ancl Towne
1-1 -0055 -010
1
On 1 OGth Street between Towne and Ditch
1.1 -0055 -020
1
On 106th Street between Ditch and Springmill
1-1- 0055 -030
3
On She lborne between 96th Street and 106th Street
1-1 -1678 -001
0
On Shelburne between 106th Street and 116th Street
1- 1- 1678 -010
0
On Towne Road between 96th Street and 106th Street
1.1 -1900 -001
2
On Towne Road between 1 OGth Street and 116th Street
1 -1- 1900 -010
1
On Ditch Road between 96th Street and 106th Sleet
1.1- 0682 -001
I
On Ditch Road between 106th Street and 116th Street
1-1 -0682 -010
0
On Springmill Road between 96th Street and 106111 Street
1-I- 1754 -001
0
On Springmill Road between 106th Street and 116th Street
1-1 -1754 -010
1
Page A -2I contains a table entitled "Section d"' (the section containing the Crooked Stick Estates
Arca) with ten (10) line items related to drainage complaints on individual streets within the area
shown as "Section 3. ''
SECTION # 8
SUBDIVISION
STREET
SEC ID#
CMPLTS
Crooked Stick Estates
St. Andrews Lane
1-1 -1762 -001
0
Crooked Stick Estates
St. Andrews Lane
1-1 -1762 -002
0
Crooked Stick Estates
St. Andrews Circle
1-1- 1761 -001
0
Crooked Stick Estates
Prestwick Lane
1-1 -1516 -001
0
Crooked Stick Estates
Prestwick Court
1 -1 -1515 -001
0
Crooked Stick Estates
Cooked Stick Lane
1.1 -0623 -016
0
Crooked Stick Estates
Preston Trail
1 -1 -1514 -013
1
Crooked Stick Estates
Preston Court
1- 1- 1513 -001
0
Crooked Stick Estates
Woodlake Court
1-1-2123-002
0
Crooked Stick Estates
Torrey fines Circle
1-1 -1895 -001
0
22 I Report to the Annexation & Land Use Committee (October 25, 2011)
Page B -8 contains two photographs of drainage problems in Crooked Stick Estates with both
photos clearly depicting a drainage problem on the northwest corner of Crooked Stick Lane and
Ditch Road (confirming the Master Drainage Plan assertions of pp. 6 -7...)
Crooked Stick Estates
y47��rt
4 � VI
23 1 Report to the Annexation & Land Use Committee (October 25, 2011)
Appendix D: County Surveyor's Report (March, 2011)
March 8, 2011
Kenton C. '1 )art♦, C11M
Surveyor ofJfomiltnn County
(Mope (317) 776'$495
`rnx (3 e7) 77S962S
'f: Hamilton County Drainage Board
e1)
Swrr 183
one ;)!onto eorrrr:y sgrro,e
Na ieurilk, InSlam 45ono-2230
Re: Clay Creek Drain, Crooked Stick Estates Section 4 Arm 1
Attached is a petition, plans, drain map, and drainage shed map for the
reconstruction of the Clay Creek regulated drain, Crooked Stick Estates, Section 4 Arm I.
This proposed regulated drain is located in Clay Township near the South West corner of
116°' Street and h,Ditch Road.
The Thomas I- Tussey drain was petitioned for reconstruction on April 12, 2010 by
tour (4) property owners, in Crooked Stick Estates, Section 4, representing 18,18 % of
the proposed watershed of Clay Creek, Crooked Stick Estates Section 4, Arm 1.
Crooked Stick Estates Section 4 is prat of the Thomas Hussey Watershed, The
Thomas Hussey Watershed includes the Thomas Hassey drain, the Queens Manor Arm,
and the Pollack Reconstruction.
The Thomas Hussey drain was constructed per order of the Commissioners Court
per the viewers report dated October 4, 1901. The drain was placed on maintenance on
September 19, 1977, per Drainage Board meeting minutes, Book 1, page 242. The
Queens Manor Arm was placed on maintenance on October 6, 1980, per Drainage Board
meeting minutes, Book t, page 373. The Pollack Reconstruction was approved on
October 5, 1981, per Drainage Board Meeting minutes, Book I, page 436.
The total drainage area within die Thomas Hussey drainage shed covers 296.28
acres and 50 lots. 11 is located in Clay Township, Section 3, and 4, Township 17 North
Mange 3 East. The 'Thomas Hussey drain ultimately flows to the Williams Creek drain.
Crooked Slick Estates is part of Lite Southwest Clay Township Annexation
Agreement by the City of Carmel. The City of Carmel, as part of this annexation
agreement, has agreed to correct identified drainage issues in this subdivision and has
listed this subdivision as a tirst level priority.
e)
24 [ Report to the Annexation & Land Use Committee (October 25, 2011)
Known Problems:
The Crooked Stick Estates subdivision was developed in the early 1970's.
Section 4 is built around the pond near the 8U' hole on the Crooked Stick Golf Course.
This pond is on property owned by the golf course. The storm drains on the north side of
Crooked Stick Estates, Section 4 pick up stormwater in street catch basins and then direct
the flow through corrugated metal pipes that outlet under water (submerged) into this
pond.
The grade from the street to the pond is slight. During rain free periods the storm
water pipes hold water that back up from the pond to the street catch basins. The catch
basins normally have about two (2) feet of water in them. During rain events the pond
hacks up into the storm water pipes and flows out the top of the catch basins into the
street.
The property located at 1535 Prestwick Lane has a catch basin and storm dram
pipe on both the cast and west property line. Mr. Thomas McCullough has a sump line in
his basement that outlet to the catch basin near his north -west property line. when the
pond elevation comes up, the water backs up into the storm drain pipes and come out of
the catch basin in the street. The sunup line has no where to discharge water and his
basement floods. The properties on both sides of this property also experience flooded
basements.
'I'Ite overall design of this subdivision would not he approved today. The
Surveyor's office does not allow ,submerged discharge pipes or the use of CMP as storm
sewer. The pipe on the eastern property line is nearly flat. The pipe material of CMP has
a short life span and the pad grades would he higher above the normal pool elevation than
the existing pad grade.
Reconstmction Project- Option I
This option will collect the storm water from a portion of Crooked Stick golf
course, front yard drainage from the residential property on a section of Prestwick Lane,
and roadway drainage on Prestwick Lane. This drainage would be routed to the east in a
new storm dram system along the center of Prestwick Lane and then north through the
center of Prestwick Court and outlet to the Clay Creek regulated drama, Crooked Stick
Estates, Section 4 .Ann. 'There are multiple utility line constraints that have been avoided
with this design.
The existing CMP's on both property lines of the McCullough property would be
partially Pilled with flow -able fill concrete. This will block the bnckflow from the pond.
The existing catch basins near the north -west and north -cast property lines of the
McCullough property will be replaced, 1086 linear feet of 24 inch RCP will be installed
in Prestwick Lane and Prestwick Court, and the existing catch basin in the Prestwick
Circle cal -de -sae will be replaced. The 24 inch RCP will outlet From the new catch basin
to the Clay Creek regulated drain, Crooked Stick Estates, Section 4 Ann. Included in this
reconstruction will be four (4) manholes, it pipe end section and rip rap at this outlet.
251 Report to the Annexation & Land Use Committee (October 25, 2011)
Reconstruction Project - Option 1 will add the following to the Clay Creek drain.
1086 LE of 24 in RCP
100 LF of 18 in CMP (existing)
5 catch basins (2- existing)
4 manholes
All of the other storm drain improvements within Crooked Stick Estates will be
maintained by the City of Carmel.
The work will be performed in the existing road right of way, and the storm drain
easements located upon Lot 64, Parcel No. 1743- 04 -00 -00 -055.000 and Lot 65, Parcel
No. 17- 13- 04- 00 -00- 056.000.
This option will allow a lateral from Manhole 113 to be stubbed for the
McCullough property to outlet their sump drain, keeping their basement from flooding.
tion 1 Reconstruction Cost Estimate
Item Description
Quantity
Unit
Unit Cost
Total
Coat
Mobilization
1
LS
3000.00
$3,000
Clearing,remcve fence at Cu_ -de -sac
1
LS
4500.00
$4,500
24 inch RCP
1,086
1.1'
35.00
$38,010
24 inch metal end section
1
EA
750.00
$750
Manhole
4
EA
35110.00
$14,000
Join existing CMP storm drain
2
EA
1500.00
$3,000
Flowable CL11 road repair
1
LS
8000.00
98,000
Flowable fill in existing SD pipe
690
1.F
30.00
$20,700
Surface repair
1
LS
3500.00
$3,500
Curt, repair
3
PA
000.00
$2,400
Remove existing catch basin, install
new catch basin, curb repair
3
LS
4500.00
$13,500
Grade and seeded erosion control mat
1
L5
2500.00
$2,500
Rip Rap(7 "to9 ")installed
35
ton
46.00
$1,610
Silt Fence
600
LF
1.25
$750
Curb inlet protection
5
EA
500.00
$2,500
Fence repair
1
LS
2500.00
92,500
Seeded erosion control blanket
1
LS
3700.00
$3,700
Miscellaneous seeding R/W repair
1
LS
1200.00
51,200
Clean Prestwick Lane,Prestwick Cir
1
LS
900.00
5900
Sub - TOTAL
$127,020
15%
Contingency $10,053
I TOTAL I $146,073
3
26 1 Report to the Annexation & Land Use Committee (October 25, 2011)
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
27
Reconstruction assessment- Option 1
There will be no reconstruction assessment to the landowners because the City of
Carmel has agreed to cover the cost per their South West Clay Township Annexation
Agreement.
Mr. McCullough and his adjacent landowners are in favor of this option.
Reconstruction Option 2
This option would lower the normal pool of the pond four (4) feet, The two outlet
pipes would outlet above water in normal conditions. A haw 24 inch RCP outlet pipe
would be installed on the south side of the pond that would extend to the Thomas Hussey
regulated drain.
This option would include replacement of the existing 21 inch CMP an the west
property line of thc McCullough property. The City of Carmel has requested this pipe be
replaced with a 21 inch reinforced concrete pipe to ensure longevity of the pipe.
Reconstruction Option 2 will add the following to the Thomas Hussey drain,
85 LI of 24 in RCP
All other existing storm drainimprovelnentswithin Crooked Stick Estates will be
maintained by the City of Cannel.
The work will be performed in the existing road right of way, and the storin drain
easements of tho pond and the Thomas Hussey regulated drain.
The proposed 21 inch RCP will he installed within the existing storm dram
easement en Lot 73, Parcel Ho, 17- 13- 04- 00- 00 -0G6.00 and Lot 74, Parcel No, 17 -13 -04-
00-00- 067.000.
Option 2 Reuunstructiun Co,si Estimate
Item Description
Quantity
Unit
Unit Cost
Total
Cost
Mobilization
1
L3
3000.00
$3,000
C1.ear. trees
1
LS
7500.00
$1,500
24 inch RCP
85
liP
35.00
$2,975
24 inch metal end section
2
F:n
750.00
$1,500
21 inch RCP
305
PT
30.00
$9,150
21 inch metal end section,
.I.
Pa
750.00
9750
catch banin and connecttons to exist.
1
F.P.
4500.00
84.500
Plowable fill mad repair,
30
CYn
00.00
$2,460
Surface repair
4
ton
40.00
0160
Report to the Annexation & Land Use Committee (October 25, 2011)
4
2
Curb repair - Crooked Sick Lane
2
EA
800.00
$1,630
Rip Rapi7 "to3"linstalled
56
ton
46.00
42,760
Silt Fence
500
LI:'
1.25
$625
Curb inlet protection
2
EA
500.00
$1,000
Turf repair at two outlets
2
LS
800.00
41,500
Dewatertne
1
15
2500.00
32,500
Sub -TOTAL
$42,020
15%
Contingency
TOTAL
Reconstruction assessment- Option 2
There will be no reconstruction assessment to the landowners because the City of
Carmel has agreed to cover the cost per their South West Clay Township Annexation
Agreement.
The landowners arc not in favor of this option because there would he removal of
large, older trees on the west property line of Mr.McCullough's property.
Maintenance Assessment
if reconstruction Option 1 is approved, a portion of the 'Thomas Hussey Drainage
shed will no tenger drain to the Thomas Hussey drain. The portion that will drain to the
north will be removed and become die proposed Clay Creek Drain, Crooked Stick Rstales
Scc. 4 Arm 1.
The arca In he removed front thc Thomas Hussey drainage shed is as follows:
Golf Com'se Acreage
Residential Acreage
Cannel Hwy.
1.20 acres
993 acres
5.55 acres
'Phis will reduce the annual assessment tar the Thomas Hussey Drain by $t97.90.
If-reconstruction Option 2 is approved, the Thomas Hussey Drainage shed will
not change and the annual maintenance colleetiou remains the same.
The Clay Creek drain, Crooked Stick Estates Section 4 Ann became regulated on
April 26, 2010, per Drainage Beard Meeting Minutes, Book 12, pages 487 and 488.
Report to the Annexation & Land Use Committee (October 25, 2011)
5
$8,404
$50,424
1
1
1
1
1
1
1
1
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1
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1
1
1
1
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1
Ttte Clay Crock drain, Crooked Stick Estates Section 4 Arm is not on
maintenance.
T recommend the Clay Creek drain, Crooked Stick Estates Sec 4 Ann and Arm I
be placed on a maintenance program as se1 out in I.C. 36- 9- 27 -38.
The nature of the maintenance work, which may be required, is as follows:
A. Removal and/or prevention of brush within the drainage easement by hand,
tneuhnuical or spray methods.
B. Re- excavating of open ditch to original grade line.
C, Installation and/or repair of surface water structure as might be requited.
D. Bank erosion protection and/or seeding as night be required.
I?, Repair of private tile outlet ends as might be required.
F. Repair of regulated tile outlet at drain end.
Q. Replacement ofbokcn tile outlet ends as might he required.
H. Cleaning Emd /or repair of existing catch basins as might be required.
1. installation of catch basins or insets as may he required
1. Removal of debris and /or biockage from the existing tile drains including jetting
or video work.
K. Installation andker repair of breather pipes.
L. Runoval of debris miller blockage from the existing open drain.
M. Maintain grass filter strips.
N. Any other repairs necessary to restore the drain to its original intended
condition.
The frequency with which maintenance work should be performed annually is as required
by the condition of the drain.
The current assessment rates for Clay Creek are 55.00 per acre, with a $50.60 minimum
assessment and roads arc St 0.00 per acre, with a $50.00 minimum.
The annual maintenance collection will be S 766,10.
I recommend the Board ,set a baring For this proposed reconstruction and
maintenance for Apt-it 25i 2011.
Sincerely,
Christie Katlic) P.H.
Project Engineer
Aamilton County Surveyors Office
29
Report to the Annexation & Land Use Committee (October 25, 2011)
v'lae Creek Drain 0316
Crooked 3:161/4 s,`ales Sec. 4, Arm 1
'Cost of recaaslvd'en to be paid by City o' Camel as part of
th Soulh'e•esI Clay Toxnshlp Annexation Agreement.
Reoer sWUron
Oplior'r. S146,073
Opdon2 $50,424
6Optar. 1is approved, a plan oftha Hussey shod wAldraiato' he north and be removed fromHussey Option Opten1
andassesseu
It Clay Creek i0iioa 2 is approved. Ina ihcmas Hussey abed I not mange, Circenl Cur;em Revised Revised Paopened Proposed Hemel
Hassey Hussey Hussey Huse; Gay Cry Clay CA ofToal ucr1mi.
Ben Mel Asnt Ben Mn'. km! . Ben hill Asmt Bene111 kienr
Ma n'a ida Ma 2.10 5500 635%
2,00 35.00 1.40 35.00 0fi0 5800 2.39%
2.00 35.03 1.54 35.00 046 50'60 1.83%
5.55 55.50 0D3 0.00 691 69.10 2709%
6 6.50 13300 5530 13060 120 5000 4.77%
Ma n'a rVa Ma 2.20 5000 8.7650
2.60 35.00 1.68 35.00 0.92 55.00 3.66%
2.00 35.00 096 35.00 1.92 5000 4.06%
1,70 35.00 0.00 0.00 170 5000 6.76%
1.50 3500 0.47 35.00 1.03 6060 4.10%
0.50 3500 0.00 0.00 t90 500 756%
143 3000 0.00 000 140 50,00 5.5796
174 35.00 0.00 0.00 174 5000 692 °%
nla red nta Ms 1.50 5000 5.973
1.60 3500 1.24 35.00 0.56 5300 223%
09.25 535.50 7251 34080 25.11 75613 1D0.00%
Clap Creek hlrntenanae Rates
Palo Mini um
ResidenbabiAu 5.00 50.00
Subfv4oa 500 5000
Road 00.00 50.00
Parcel
7'0304. 00.50955.003
3T 5344 -3000-%00'0
':7- 13454.00. 64065000
5309-29.03- 54293.200
17- 13-154.00- 54178E 970
iTiii- 04 -07- 50-050050
V7. 530493 -00 42000
17= 13.24.07 -0GC66670
iy- 13.04C¢000500'SC
y .13-34 - 010 057.030
"7.175.4.6.100 - 054.030
17- 1354 -8010- 060.00,3
17 -1304. 0360060.000
i7-13-C4-66-130-058.060
17- 13- 04- 001:OC61.060
Fa;cds' 15
Paner
Belt, Homer F & Linda
6rconing, Janes W & Ercab& h C
Cam phell, Timothy J & Menem N
Cr Cy Of Carmel
Crooked Slick Golf Club Inc
a 1, Richard J & Tamara E
James, Barbara
Joumel, Oapbael M 8 Christie M
Lorter, Arthur & &manna C
Mdullaugh, Thomas F & Michelle
McDaniel, Gregory Karen Carapbeli
Peyton, ?amnia L
Rogers, BwaD & Abbie
Sams. Howard W & Jenn;fer
Tavel, Goldie K Trust
Csutplico
Crooked SCkk 41h Lol 64, 5.10 Ac
Croaked Slick 41h Lod 75, 200 An
Crooked Sock 41h Lol 72, 2.00 Ac
Prow.: Pas Ci7I_6Ac
Crooked Sttak'Club :louse' 184-66Ac
Crooked Stick 4th Lal 65, 220 Ae
Crooked Stick 4th Lot 70, 2.60 Ac
Crocked SEck 4th Lot 73, 000 Ac
Crooked Stick 4111 Lal 67,170 Ac
Croaked Slick 4th Lal 74,1.30 Ac
Crocked Slick 411 Lol 63,1.90 Ac
Cmdced Stick 4Th Lol 66,1.40 Ac
CroolkedSlici 4k LW 60, 1.14 Ac
Crooked SIic34t L:166,1.50 Ac
Crocked S0a 4ih Lc1771,1.80 Ac
Totals
3
Report to the Annexation & Land Use Committee {October 25, 2011)