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Regular City Council Meeting Monday, May 10, 2010 Page 9 • borings to determine the condition of the roadway, right-of--way issues, and emer- gency vehicle access on existing turnarounds, as well as parking and setback im- pacts on existing buildings. Ms. Bloom advised that staff has been working with the Homeowner's Association in reviewing as-builts; however, noted that no record plans or maintenance records were available for streets and storm water ponds. Discussion included what the public's interest or gain would be in taking over this private road, while recognizing that it would be a benefit to those property owners along the street. Ms. Bloom concurred that, other than storm water management, there would be more of a tax benefit to the homeowners and an ultimate cost to the City (i.e., snow removal, crack sealing, seal coating, and other long-term roadway mainten- ance) in addition to bringing the 26 year old road up to City standards. Further discussion included whether a Feasibility Study would provide better an- swers to analyze the current storm water management plan and benefits to the City of necessary improvements; protection of any exposure or risk to the City by accepting this private road; cost for the Feasibility Study and who would be re- sponsible for that cost; and lack of precedents for similar requests. • Ms. Bloom advised that, even though the City had been approached several times in the past by the Association requesting that they take over the roadway, this time was the first time that staff was of the opinion that it could work for the City to do so. Petitioners Bruce Abrahamson, 2174 Ferris Lane, Association President Mr. Abrahamson provided an historical perspective of the Association and this development, as well as previous attempts to turn the road over to the City; and the underlying motivation of the 40 homeowners in Ferriswood I and 12 in Fer- riswood II, as taxpayers, was for relief of this financial burden in addition to those taxes. Mr. Abrahamson expressed the commitment of the Associations to bear the cost of the Feasibility Study to consider bringing the road up to City standards. Mr. J. Patrick Brinkman, Legal Counsel to Ferriswood Condominium and Ferriswood II Condominium Association, with Felhaber, Larson, Fenlon & Vogt, Attorneys at Law Mr. Brinkman's written comments and analysis were included as Attachment A to the RCA dated May 10, 2010. Mr. Brinkman opined that, given the development of this association in various phases, it was not originally ahigh-density area when the road was first constructed, nor did it have a high traffic count as expe- • rienced today, creating a health, safety and welfare issue for residents with that