Mail Tribune News - Medford panel to back county on McAndrews

Mail Tribune (Medford, OR — Wayback)

2001-06-26

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Medford panel to back county on McAndrews By Jessica Smith If conflict over the planned extension of East McAndrews Road leads to a lawsuit against Jackson County, the county at least won�t have to worry about its legal costs. The Medford City Council agreed Thursday to pay to defend the county in potential lawsuits stemming from the project, derailed by an outdated county land development code that prohibits road building on "resource lands." "We all understand that it�s not going to happen unless we do (pay for the county�s defense)," Councilman Jim Key said after the unanimous vote. "And we need to get this thing moving." The city expects to complete construction on the first half of the project � including a freeway-style overpass at Foothill Road � this winter. Work to connect East McAndrews to Hillcrest Road won�t be possible until the county amends its land code. The decision on the "indemnity and hold harmless" agreement came after the county notified city leaders it would not amend its rules unless Medford was willing to foot its legal bills. City attorney Ron Doyle estimated the cost at $100,000 for the city. One homeowner already has taken the city to court over the extension project and its consequences on her 4-acre homesite, which sits squarely in the path of the future road. Jane Hagel argued the city abused its power to condemn her property by failing to oversee negotiations between her and developer Noel Moore, who is building the upper portion of the road in exchange for 200 acres of land off Hillcrest Road. But it was the county�s land code that prompted a Jackson County judge this month to block the city from taking possession of Hagel�s property. The county�s code prohibits road building on unincorporated "resource lands." A proposed amendment would bring the county in line with state land use rules by allowing road construction on resource lands within an urban growth boundary. Mike Jewett, county counsel, said the amendment is set for a first reading Wednesday at a meeting of the Jackson County Board of Commissioners. Second reading and final approval are tentatively set for Sept. 13. Meanwhile, the council Thursday committed to spending about $5,500 to improve a couple�s property after learning about problems created by the East McAndrews extension. Gwyn and Bill Reen�s home at 1570 N. Foothill Road faces one of the two on- and off-ramps on the Foothill overpass. The pair said they returned from a trip to California in July to find their driveway separated from Foothill. Although the driveway was realigned, the Reens say they can�t access their parking area. "We just want the damages the city imposed to be fixed," Gwyn Reen said. In addition to directing public works staff to level the Reens� yard with Foothill to improve parking, the council ordered the city to provide shrubs to protect the Reens� property from the glare of lights on the East McAndrews off-ramp. The council asked engineers to study the possibility of relocating the Reens� driveway and whether a guardrail is needed on Foothill for safety.   Obituaries | Sports | Business | Classifieds |  Tempo | Prime Times | So Oregon Sites | Outdoor Journal | Subscribe | Contact | Movies | Advertise | Real Estate Showcase | Archive  | Editorials | Letters to the editor | Religion | Wake-up Call | NIE | Cyber Chef | Job Network | So Oregon Weather | WSJ Northwest | Forums | AP Wire | AP Money | F.A.Q. | Awards Ottaway Newspapers, Inc. The Community Newspaper Subsidiary of Dow Jones & Co, Inc Copyright �The Mail Tribune 2000, Medford, Oregon USA