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BOOK 95 PAGE 74 <br />couldn't afford it and did not pursue it further. Their only <br />intention was to fight Storm Grove Road when the issue came up. <br />Mr. McKinnon addressed the three alternatives in staff's <br />memorandum and encouraged the Board to proceed with selecting <br />Alternative 2. <br />County Attorney Vitunac recommended that first the Board <br />should decide if they want to build the road, because, if they do, <br />then all the legal matters would go away. But if they felt there <br />was not a need to build the road now, then the only question was <br />whether to wait and perhaps be sued, or take the initiative and <br />file a declaratory judgment. <br />Commissioner Eggert asked County Attorney Vitunac to comment <br />on waiting until the developer' takes action which shows a true <br />desire to develop. She felt it was obvious that the Board had said <br />they did not want to build a road or it would nbt have been <br />eliminated from the MPO plan for the next 20 years. She favored <br />moving approval of Alternative 2 with the understanding of what <br />they would be waiting for would be the developer to come forward <br />with a site plan. <br />County Attorney Vitunac believed the developer was not <br />required to produce a site plan before his right to a road was <br />determined. If Alternate 2 were chosen, the developer may come <br />forward with a site plan, but the ball was in his court as to what <br />legal action to take. He may come forward with a site plan, then <br />the Board is faced again with.the same choice. <br />Commissioner Eggert commented that then they would be looking <br />at it differently. She asked if Mr. Cairns' was correct that there <br />was not an acceptable alternative route. <br />Community Development Director Bob Keating advised that he <br />told Mr. Cairns that it was unusual easement and they were not sure <br />that they could build an adequate access road, but the major <br />consideration was how the drainage would be treated. <br />Public Works Director Jim Davis recounted the history of the <br />present temporary railroad crossing which would be relocated to <br />Storm Grove Road when the road is constructed. <br />Commissioner Eggert asked what the problem would be to get a <br />crossing on 53rd Street, and Director Davis explained.the process <br />of transferring underutilized crossings. <br />Commissioner Bird felt that it would not negatively affect <br />anyone to go forward with the construction of the crossing at 53rd <br />and Storm Grove Road, and Director Davis agreed that it needed to <br />be done. _ <br />48 <br />May 16, 1995 <br />