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Lake Elmo City Council Minutes for July 7, 1987 Page 6 <br />similar to this, the council felt that having access constituted <br />having a benefit even though their property did not directly abut the <br />street. Past MSA projects have been assessed to each individual lot <br />on the basis of having access to an improved City street. They <br />benefit in the same degree, regardless of lot size or how much <br />frontage they have on the street. The benefit is improved access, not <br />the amout of frontage. The proposal is is assess the project equally <br />into 7 units. The only costs that are not eligible for State Aid <br />reimbursement is if there is some legal fees (right-of-way <br />acquisition) or excess engineering over and above the percentages <br />allowed by the State Aid rules. <br />The Engineer pointed out that there is no platted right-of-way and no <br />dedicated road easements, but the public still has a right to use this <br />road - "a prescriptive right". The road has been in existence for a <br />certain number of years, the public has used it continuously without <br />challenge or interruption and therefore the law says the public has <br />the right to continue using it. <br />A concern raised previously was the preservation of some of the trees <br />along 47th Street, and the City Engineer was instructed to see what <br />could be done to save the trees. <br />The present State Aid rules state that on a rural road, there has to <br />be an area called a "recovery area". It has to be free of obstacles. <br />If a car were to leave the road it would not strike something and <br />cause bodily injury and property damage. The rule for this road would <br />be a recovery area of 20 feet (measured from the edge of the <br />blacktop). The blacktop is 12 feet wide and a recovery area of 20 <br />feet would make a clear zone of about 32 feet either side of the <br />center line of the road. That is the rule that is causing difficulty <br />in trying to save Steven's two large Oak trees. An urban type road <br />(with curb and gutter) has a different standard applied. Basically, <br />with a curb the physical objects only have to be at least 2 feet <br />behind the curb. The object is that the curb provides some type of <br />protection of deflection if a car is getting close to going off of the <br />road. The use of curbs on a rural type road are not automatically <br />approved. It is at the discretion of the District State Aid Engineer, <br />but earlier discussions have indicated that curbs could be used in <br />this manner. <br />The Engineer adivsed the council that he has developed a design that <br />he believes meets the intent of the council. However, there are other <br />trees along the project path that he feels should be given equal <br />treatment (not just the Steven's trees). <br />Graves questioned if this curb proposal is acceptable on a 40 mph <br />speed limit road, and asked if this proposal would be acceptable <br />according to safety standards or are we creating a hazardous <br />situation. Bohrer responded that in his opinion a curb does not <br />prevent someone from leaving the roadway. Even a six-inch curb (which <br />is considered the maximum height) would be easy to get over. Bohrer <br />reiterated that approval of a curb used in this fashion is at the <br />discretion of the District State Aid Engineer. If he recommends that <br />this design be approved, the Central Office of State Aid will go along <br />