1
1 PUBLIC HEARINGS
2
3 IN RE: DRAFT ENVIRONMENTAL )
IMPACT STATEMENT AND DRAFT )
4 SECTION 4(F) STATEMENT )
)
5 SOUTH AND EAST BELTWAYS, )
LINCOLN, NEBRASKA )
6 PROJECT NO. DPU-3300(1) )
7
8
9
10
11
12 HEARINGS HELD APRIL 23 AND 24, 2001, AT THE
LINCOLN BEREAN CHURCH, 6400 S. 70TH STREET,
13 HEARING ROOM 1, LINCOLN, NEBRASKA
14
15
16 A P P E A R A N C E S
17 HEARING OFFICERS: MS. KRISTIN E. YATES
ATTORNEY AT LAW
18 P.O. BOX 82272
LINCOLN, NE 68501-2272
19
MS. DOROTHY A. WALKER
20 ATTORNEY AT LAW
P.O. BOX 438
21 DENTON, NE 68339
22
23
24
25
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES
(402) 475-3376
2
1 I N D E X
2 WITNESSES: PAGE
3 TOM TOMES. . . . . . . . . . . . . . . . 4
2825 N. 47TH
4 LINCOLN, NE
5 CHARLES HUMBLE . . . . . . . . . . . . . 9
301 S. 13TH STREET
6 SUITE 400
LINCOLN, NE
7 TODD HORNUNG . . . . . . . . . . . . . . 12
8 1010 W. 11TH STREET
WAHOO, NE
9 J. WARREN VANNOY . . . . . . . . . . . . 14
10 7401 N. 148TH STREET
LINCOLN, NE
11 PERRY POYNER . . . . . . . . . . . . . . 18
12 1213 JONES STREET
OMAHA, NE
13 STAN CAMPBELL. . . . . . . . . . . . . . 22
14 1111 EAST HILLCREST DRIVE
LINCOLN, NE
15 NOEL TIMMONS . . . . . . . . . . . . . . 23
16 1700 S. 105TH STREET
LINCOLN, NE
17 BONNIE LEMKE . . . . . . . . . . . . . . 31
18 130TH AND PINE LAKE ROAD
ROUTE 1, BOX 65
19 WALTON, NE
20 ED FOY . . . . . . . . . . . . . . . . . 33
12501 HOLDREGE
21 LINCOLN, NE
22 AL FARMER. . . . . . . . . . . . . . . . 45
1200 CESSNA CIRCLE
23 LINCOLN, NE
24 SUSAN VOSS . . . . . . . . . . . . . . . 51
10300 HOLDREGE
25 LINCOLN, NE
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES
(402) 475-3376
3
1 I N D E X (CONT'D)
2 WITNESSES: PAGE
3 GARY VOSS. . . . . . . . . . . . . . . . 56
10300 HOLDREGE
4 LINCOLN, NE
5 BILL ZARNICK . . . . . . . . . . . . . . 62
12801 YANKEE HILL ROAD
6 BENNETT, NE
7 BRUCE BOHRER . . . . . . . . . . . . . . 67
1135 M STREET
8 LINCOLN, NE
9 PEGGY FLETCHER . . . . . . . . . . . . . 70
1900 S. 105TH
10 LINCOLN, NE
11 CRAIG HUNDT. . . . . . . . . . . . . . . 76
10120 VAN DORN
12 LINCOLN, NE
13
14
15
16
17
18
19
20
21
22
23
24
25
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES
(402) 475-3376
4
1 (AT 12:50 P.M. ON APRIL 23, 2001, WITH
2 HEARING OFFICER YATES, WITNESS TOM TOMES AND THE
3 COURT REPORTER BEING PRESENT, THE FOLLOWING
4 TESTIMONY WAS GIVEN:)
5 HEARING OFFICER YATES: I'M KRISTIN
6 YATES. I'M THE HEARING OFFICER FOR THIS ROOM
7 TODAY. DID YOU GET A CHANCE TO SIGN IN?
8 TOM TOMES: YES, I DID.
9 HEARING OFFICER YATES: OKAY. I NEED TO
10 JUST TELL YOU A FEW BACKGROUND THINGS BEFORE YOU
11 BEGIN YOUR TESTIMONY. YOU CAN SUBMIT ORAL
12 TESTIMONY, LIKE YOU'RE DOING NOW. YOU CAN ALSO
13 SUBMIT WRITTEN TESTIMONY. THERE'S A FLIER AND A
14 FORM AT THE FRONT TABLE IF YOU WANT TO DO THAT.
15 TEN MINUTES TO SPEAK. I NEED TO HAVE
16 YOU DO A FEW THINGS BEFORE YOU BEGIN SPEAKING:
17 STATE YOUR NAME AND SPELL IT FOR THE RECORD; STATE
18 YOUR ADDRESS; AND IF YOU'RE SPEAKING ON BEHALF OF A
19 GROUP, STATE THAT AS WELL.
20 I THINK THAT'S ALL WE HAVE. YOU CAN
21 BEGIN.
22 TOM TOMES: OKAY. I'LL JUST -- THE
23 ADDRESS AND THE NAME IS COVERED IN MY LITTLE DEAL.
24 DEAR SPONSORS OF THE BELTWAY STUDIES OR
25 WHOEVER THAT MAY CONCERN, MY NAME IS TOM TOMES,
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
5
1 T-O-M-E-S, ADDRESS IS 2825 NORTH 47TH, LINCOLN,
2 NEBRASKA. I'VE LIVED IN LINCOLN, NEBRASKA SINCE
3 1969. BACK IN 1969 THERE WERE DISCUSSIONS OF
4 BELTWAYS, AND ONE WAS EVEN PARTIALLY BUILT CALLED
5 THE NORTHEAST RADIAL, A STRETCH OF ROAD FROM 48TH
6 TO 33RD, APPROXIMATELY LEIGHTON STREET. THIS IS A
7 NICE ROAD AND WOULD HAVE RELIEVED SOME OF THE
8 TRAFFIC PROBLEMS IN LINCOLN HAD THE PROJECT BEEN
9 COMPLETED. SO HERE WE ARE, SOME 30 YEARS LATER,
10 STILL TRYING TO FIGURE OUT WHERE THESE BELTWAYS
11 SHOULD BE LOCATED.
12 APPROXIMATELY FIVE YEARS AGO, WE,
13 LINCOLN, NEBRASKA, BUILT THE WEST BYPASS CLOSE TO
14 TOWN AND HAD TO DEAL WITH MANY PERSONAL OBJECTIONS
15 AND OBSTACLES, BUT WORKING THROUGH ALL OF THAT, THE
16 PROJECT WAS COMPLETED AND IS A VERY FINE ROAD, WITH
17 HIGH-TRAFFIC VOLUME BENEFITING BOTH THOSE TRAVELING
18 WITHIN LINCOLN AND THOSE TRYING TO BYPASS IT.
19 SO HAVING COMPLETED THAT PROJECT, LET'S
20 TRY TO LEARN FROM IT. WE ALL KNOW THAT MOST PEOPLE
21 BEING TOLD A BELTWAY WOULD CROSS THEIR AREA WOULD
22 DRAW SOME KIND OF REACTION, MAYBE THE KIND OF
23 REACTION AS IF A DOCTOR TOLD THEM THEY HAD CANCER.
24 THIS IS A NATURAL REACTION. AND I'M SURE WE HAD TO
25 DEAL WITH THIS IN DEVELOPING THE WEST BYPASS AS
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
6
1 WELL.
2 SO LET'S LOOK AT WHY WE ARE HERE TODAY
3 DISCUSSING BELTWAYS. AND I THINK WE WOULD ALL
4 AGREE IT'S BECAUSE WE NEED TRAFFIC RELIEF AND HAVE
5 FOR YEARS.
6 WITH THE RECENT COMPLETION OF THE
7 HIGHWAY 2 PROJECT, THIS NEED IS EVEN NOW MORE
8 MAGNIFIED. I PERSONALLY OWN LAND JUST OFF OF 176TH
9 AND HIGHWAY 2, BUT I LIVE IN NORTHEAST LINCOLN AND
10 WOULD USE THE EAST BYPASS EVERY SINGLE DAY.
11 I WAS ALSO INVOLVED IN THE HIGHWAY 2
12 PROJECT, LOSING SOME LAND AND TREES IN THE PROCESS.
13 AND HAVING GONE THROUGH THIS PROCESS, I KNOW THAT
14 ACQUIRING THE LAND FOR ANY OF THESE THREE OPTIONS
15 SHOULD BE NO PROBLEM.
16 I'VE HEARD THE ARGUMENT THAT THE
17 FARTHEST ROUTE EAST WOULD IMPACT THE LEAST AMOUNT
18 OF PEOPLE AND THAT IT IS A LONG-TERM PLAN THAT WILL
19 NOT SOLVE THE TRAFFIC PROBLEMS OF TODAY, BUT WILL
20 BE SOMETHING LINCOLN CAN GROW INTO. I BELIEVE THIS
21 IS A POLITICAL COP-OUT, BECAUSE BACK IN 1969 WE
22 KNEW WE NEEDED RELIEF OF TRAFFIC CONGESTION, BUT
23 DUE TO POLITICAL PRESSURE, WE'RE HERE TODAY STILL
24 DISCUSSING THIS ISSUE.
25 TO ME, THIS IS -- THIS FAR-EAST ROUTE
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
7
1 SHOULD ONLY BE CONSIDERED IF THE LAND IN THE
2 STEVENS CREEK DRAINAGE BASIN REMAINS RURAL AND NOT
3 DEVELOPED AS URBAN PROPERTY.
4 SO TRYING TO VIEW ALL THREE OPTIONS WITH
5 AN OBJECTIVE AND COMMON-SENSE APPROACH AND
6 CONSIDERING COST EFFECTIVENESS, AND WE ALL KNOW
7 THAT TAXPAYERS WANT THEIR MONEY SPENT WISELY AND
8 NOT WASTED, THE PAYOFF PERIOD SHOULD BE CONSIDERED
9 VERSUS THE TRAFFIC USE AND THE CURRENT AND
10 LONG-RANGE NEED OF TRAFFIC RELIEF WITHIN AND AROUND
11 LINCOLN.
12 I HOPE YOU DO THE RIGHT THING BY
13 CHOOSING THE CLOSEST ROUTE, WHICH IS A BETTER COST
14 BENEFIT FOR THE TAXPAYERS AND AVOID CHOOSING THE
15 PATH OF LEAST POLITICAL RESISTANCE.
16 FOR A BRIEF NOTE, ON MY WAY OVER HERE, I
17 DROVE DOWN O STREET. ON THE ODOMETER OF MY
18 VEHICLE, FIGURED OUT THE EXACT DISTANCE OF ALL
19 THREE BYPASSES FROM 84TH STREET. THE FIRST BEING
20 APPROXIMATELY 1.5 MILES; THE SECOND OPTION, 2.8;
21 THIRD OPTION, EXACTLY 4 EAST OF 84TH STREET.
22 NOW, CONSIDERING THAT, IF YOU WERE
23 MOVING NORTH AND SOUTH IN LINCOLN, NEBRASKA AND
24 WISH TO USE A BYPASS, AND CONSIDERING 84TH STREET
25 BEING THE BYPASS, WHAT WOULD THE CLOSEST OPTION PUT
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
8
1 TO YOU GOING WEST FROM 84TH STREET? 62ND STREET,
2 THE ENTRANCE TO GATEWAY. WOULD YOU BE LIKELY TO
3 USE A ROAD THAT FAR OFF THE BEATEN PATH TO GO
4 NORTH-SOUTH WHEN YOU HAVE TO GO FROM 62ND ALL THE
5 WAY FROM 84TH? SLIGHT POSSIBILITY IN MY MIND.
6 THE SECOND OPTION, THE 2.8-MILE OPTION,
7 WOULD TAKE YOU FROM 84TH STREET TO 42ND STREET IN
8 THE SAME AMOUNT OF LENGTH, WHICH IS JUST EAST OF
9 THE WYUKA CEMETERY. AGAIN, CONSIDERING TRAVEL
10 NORTH-SOUTH, WOULD YOU BE LIKELY TO USE THAT ROUTE?
11 I'D SAY HIGHLY UNLIKELY.
12 THE FURTHEST EAST OPTION IS FOUR MILES
13 OUT. FOUR MILES FROM 84TH STREET WOULD BE EXACTLY
14 27TH STREET. WOULD YOU, TRAVELING NORTH-SOUTH IN
15 LINCOLN, NEBRASKA, USE THAT OPTION TO GO ALL THE
16 WAY TO 84TH STREET? I WOULD SAY ABSOLUTELY NOT.
17 SO ONCE AGAIN, I ASK THEM NOT TO CHOOSE
18 THE PATH OF LEAST POLITICAL RESISTANCE. THAT'S THE
19 END OF MY STATEMENT HERE TODAY. THANK YOU.
20 HEARING OFFICER YATES: THANK YOU FOR
21 YOUR TESTIMONY.
22 (TESTIMONY CONCLUDED AT 12:57 P.M.)
23
24
25
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
9
1 (AT 1:33 P.M. ON APRIL 23, 2001, WITH HEARING
2 OFFICER YATES, WITNESS CHARLES HUMBLE AND THE COURT
3 REPORTER BEING PRESENT, THE FOLLOWING TESTIMONY WAS
4 GIVEN:)
5 HEARING OFFICER YATES: I'M KRISTIN
6 YATES. I'M GOING TO BE THE HEARING OFFICER IN THE
7 ROOM TODAY. AND YOU SAID YOU HAD A CHANCE TO SIGN
8 IN?
9 CHARLES HUMBLE: YES.
10 HEARING OFFICER YATES: SO YOUR
11 INFORMATION IS UP FRONT?
12 CHARLES HUMBLE: YES, IT IS.
13 HEARING OFFICER YATES: YOU CAN ALSO
14 SUBMIT WRITTEN TESTIMONY IF YOU WANT TO. IF YOU
15 WANT TO SUBMIT WRITTEN TESTIMONY, YOU NEED TO GET A
16 COPY OF THE YELLOW FLIER. THERE'S A FORM THAT YOU
17 CAN FILL OUT THAT'S ALSO AT THE FRONT DESK.
18 CHARLES HUMBLE: OKAY.
19 HEARING OFFICER YATES: LIKE I SAID
20 BEFORE, YOU HAVE TEN MINUTES TO SPEAK. I NEED TO
21 HAVE YOU STATE YOUR FULL NAME AND SPELL YOUR NAME,
22 STATE YOUR ADDRESS, AND THEN IF YOU'RE SPEAKING ON
23 BEHALF OF ANY GROUPS, HAVE YOU IDENTIFY THOSE AS
24 WELL.
25 CHARLES HUMBLE: OKAY.
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
10
1 HEARING OFFICER YATES: YOU CAN BEGIN.
2 CHARLES HUMBLE: OKAY. MY NAME IS
3 CHARLES D., AS IN DOG, HUMBLE, H-U-M-B-L-E. 301
4 SOUTH 13TH STREET, SUITE 400. THAT'S ERICKSON &
5 SEDERSTROM, THAT'S S-E-D-E-R-S-T-R-O-M. AND I'M A
6 LAWYER REPRESENTING ART AND NORMA HORNUNG,
7 H-O-R-N-U-N-G, AND TODD AND LISA HORNUNG. AND THEY
8 HAVE ALL SIGNED IN, TOO.
9 THE LOCATION AND WHAT I'M ADDRESSING
10 TODAY IS THE SOUTH BELTWAY ROUTE SM-4. AND THE
11 PROPERTY OF THE HORNUNGS IS LOCATED ON SOUTH 54TH
12 STREET WHERE THE LATEST ALIGNMENT WOULD SHOW AT
13 PRACTICALLY INTERSECTING WITH THE PROPOSED SOUTH
14 BELTWAY.
15 IN 1999 THE ALIGNMENT OF APRIL 13 SHOWED
16 THAT THE PROPOSED SOUTH BELTWAY AT THAT LOCATION
17 WAS SOUTH OF THE HORNUNG PROPERTY IN BETWEEN THAT
18 AND THE PROPERTY OF, I BELIEVE, DOOLITTLE, WHICH IS
19 LOCATED TO THE SOUTH. THE LATEST ALIGNMENT SHOWS
20 THE LOCATION NOW TO BE FURTHER NORTH, GREATLY
21 IMPACTING AND PROBABLY TAKING THE HORNUNG PROPERTY.
22 THE HORNUNG PROPERTY CONSISTS OF A HOME
23 IN WHICH ART AND NORMA RESIDE AS WELL AS
24 OUTBUILDINGS, WHICH ARE IN SUPPORT OF TODD
25 HORNUNG'S FARMING OPERATIONS. AND HE FARMS ABOUT
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
11
1 500 ACRES, 450 OF WHICH ARE LOCATED WITHIN A MILE
2 OF THIS PARTICULAR LOCATION.
3 SO THE TAKING WOULD, OF COURSE, CAUSE
4 THE RELOCATION OF ART AND NORMA, WHO HAVE SPENT
5 MANY YEARS AT THIS PLACE, AND THIS IS THEIR HOME,
6 AND ALSO WOULD HAVE AN ADVERSE EFFECT ON THE
7 FARMING OPERATIONS OF TODD BECAUSE OF THE TAKING OF
8 THE OUTBUILDINGS.
9 ONE OF THE STATED GOALS OF THE SOUTH
10 BELTWAY IS TO HAVE AS LEAST AN IMPACT AS POSSIBLE
11 UPON RESIDENCES. AND THE 1990 ALIGNMENT DID THAT,
12 BUT THE NEW ALIGNMENT, WHICH WE UNDERSTAND IS
13 PROMULGATED TO SAVE SOME COSTS OF CONCRETE, HAVE
14 THE UNFORTUNATE RESULT OF THE TAKING OF A RESIDENCE
15 AND THE FORCED RELOCATION OF AN ELDERLY COUPLE.
16 AND THAT OUGHT NOT TO BE WHAT THE ULTIMATE RESULT
17 OF THE SOUTH BELTWAY IS.
18 THIS IS AN UNACCEPTABLE CHANGE TO THE
19 HORNUNGS. THE BELTWAY SHOULD BE RELOCATED BACK TO
20 THE 1999 ALIGNMENT AND THAT SHOULD PROVIDE
21 SUFFICIENT DISTANCE SO THAT THEY COULD CONTINUE A
22 QUALITY OF LIFE OR AT LEAST REALIZE THAT THERE WILL
23 BE AN IMPACT, BUT AT LEAST HAVE A BEARABLE QUALITY
24 OF LIFE. THE TAKING OF THE PROPERTY COMPLETELY
25 CHANGES THEIR LIVES TO THEIR DETRIMENT. AND FOR
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
12
1 THE EXCHANGE OF A RELATIVELY FEW DOLLARS IN
2 CONCRETE COSTS IS AN UNACCEPTABLE TRADE.
3 WE WILL STAY IN TOUCH AND KNOW THAT WE
4 WILL BE CONSULTED AND EXPECT TO BE CONSULTED IN
5 CONNECTION WITH THE DESIGN PROCESS AS IT GOES
6 FORWARD. AND THEIR VOICES, ART AND NORMA AND
7 TODD'S, OUGHT TO BE HEARD THROUGHOUT THE DESIGN
8 PROCESS, AND THE IMPORTANCE OF THEIR POSITION OUGHT
9 TO BE UNDERSTOOD.
10 HEARING OFFICER YATES: THANK YOU FOR
11 YOUR TESTIMONY.
12 (TESTIMONY CONCLUDED AT 1:38 P.M.)
13 (AT 1:38 P.M. ON APRIL 23, 2001, WITH HEARING
14 OFFICER YATES, WITNESS TODD HORNUNG AND THE COURT
15 REPORTER BEING PRESENT, THE FOLLOWING TESTIMONY WAS
16 GIVEN:)
17 HEARING OFFICER YATES: AGAIN, I NEED TO
18 LET YOU KNOW YOU CAN SUBMIT WRITTEN TESTIMONY AS
19 WELL, GET THE FORMS AT THE FRONT DESK. I NEED TO
20 HAVE YOU STATE YOUR COMPLETE NAME AND SPELL YOUR
21 NAME AND YOUR COMPLETE ADDRESS AND IF YOU'RE
22 SPEAKING ON BEHALF OF ANYBODY ALSO IDENTIFY THAT.
23 YOU HAVE TEN MINUTES TO SPEAK. YOU CAN BEGIN.
24 TODD HORNUNG: MY NAME IS TODD HORNUNG,
25 H-O-R-N-U-N-G. MY ADDRESS IS 1010 WEST 11TH,
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
13
1 WAHOO, NEBRASKA. AND I'M TALKING ON BEHALF OF
2 MYSELF, MY WIFE LISA AND MY PARENTS, ART AND NORMA
3 HORNUNG. WE ARE BEING IMPACTED BY THE SOUTH
4 BELTWAY AND, MOST SPECIFICALLY, WE'VE BEEN NOTIFIED
5 WITHIN THE LAST MONTH AND A HALF OR SO THAT THEY
6 WERE GOING TO TAKE MY PARENTS' HOME AND ALSO THE
7 BUILDINGS THAT SUPPORT THE FARMING OPERATION.
8 I FARM APPROXIMATELY 500 ACRES IN THIS
9 AREA. 450 OF THOSE ACRES ARE WITHIN A ONE-MILE --
10 ONE-MILE DISTANCE FROM THIS FARMSTEAD. AND IT
11 WOULD DRAMATICALLY IMPACT MY FARMING OPERATION BY
12 TAKING THE HEADQUARTERS UNIT THAT WE KEEP OUR FARM
13 MACHINERY AT, WE FILL OUR SPRAYER TANKS UP WITH,
14 WE'VE GOT LIVESTOCK AT TIMES.
15 I WOULD ASK THAT YOU WOULD CONSIDER
16 MOVING THE BELTWAY BACK SOUTH APPROXIMATELY AN
17 EIGHTH OF A MILE WHERE IT WAS DRAWN PRIOR TO THIS
18 MOST RECENT CHANGE. BY TAKING THE HALFWAY DISTANCE
19 BETWEEN MY PARENTS' HOME AND CLINTON DOOLITTLE'S
20 HOME, WE FEEL THAT THE IMPACT WOULD BE MUCH LESS ON
21 OUR FARMING OPERATION, ON MY PARENTS' HOMESTEAD.
22 AND I WOULD QUESTION IF IT'S REALLY THAT
23 MUCH CHEAPER TO MOVE THE BELTWAY NORTH AND TAKE OUT
24 AN ENTIRE HOUSE AND FARMSTEAD, BECAUSE WE HAVE
25 BEEN -- ALWAYS BEEN TOLD THAT FARMLAND IS CHEAPER
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
14
1 TO PURCHASE AND THAT AT ALL COSTS THEY WOULD STAY
2 AWAY FROM THE BUILDING SITES AND RESIDENCES.
3 NOT ARGUING THAT WE NEED A BELTWAY, BUT
4 I SURE WOULD RESPECTFULLY REQUEST THAT YOU WOULD
5 MOVE IT BACK SOUTH SO IT WOULDN'T IMPACT OUR
6 BUILDING SITE. THANK YOU.
7 HEARING OFFICER YATES: THANK YOU FOR
8 YOUR TESTIMONY.
9 (TESTIMONY CONCLUDED AT 1:42 P.M.)
10 (AT 2:15 P.M. ON APRIL 23, 2001, WITH HEARING
11 OFFICER YATES, WITNESS J. WARREN VANNOY AND THE
12 COURT REPORTER BEING PRESENT, THE FOLLOWING
13 TESTIMONY WAS GIVEN:)
14 HEARING OFFICER YATES: CAN I HAVE YOU
15 STATE YOUR NAME AGAIN AND YOUR ADDRESS AND SPELL
16 YOUR LAST NAME?
17 WARREN VANNOY: VANNOY, J. WARREN
18 VANNOY, 7401 NORTH 148TH STREET, LINCOLN, NEBRASKA,
19 68527.
20 HEARING OFFICER YATES: GO AHEAD. YOU
21 HAVE TEN MINUTES TO SPEAK ON WHATEVER YOU'D LIKE TO
22 SPEAK ABOUT.
23 WARREN VANNOY: WELL, THE ONLY REASON
24 THAT WE CAME OUT HERE IS THAT IF I KNEW THAT IT WAS
25 GOING TO BE THE WAY THAT IT'S DRAWN OUT, I WOULDN'T
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
15
1 BOTHER TO COME OUT, BUT I CAN SEE VERY WELL THAT
2 THERE'S PEOPLE THAT LIVE ALONG THAT THAT ARE GOING
3 TO WANT IT CHANGED, GOING TO WANT SOME THINGS
4 CHANGED. AND ANY CHANGE THEY MAKE IS GOING TO HAVE
5 A BAD EFFECT ON WHERE WE LIVE. SO I HAVE TO COME
6 OUT TO THESE MEETINGS TO SEE THAT SOMEBODY HASN'T
7 MANAGED TO MAKE A CHANGE.
8 NOW, THE LAST TIME WE SAW A PICTURE,
9 THEY PUT IN THAT INTERCHANGE DOWN AT WAVERLY, WHICH
10 I OUGHT TO GO REWARD THE WAVERLY CITY COUNCIL FOR
11 BECAUSE THAT TURNED IT AWAY FROM ME. SEE, THAT
12 STARTED UP AT FLETCHER AND WENT -- TURNED IT BEHIND
13 TO GO BEHIND US. THOSE POOR PEOPLE THAT LIVE OVER
14 WEST, WHAT WE USED TO CALL THE WEST PASTURE, IT'S
15 GOING RIGHT THROUGH THEM, ISN'T IT?
16 I SOLD A STRIP OFF OF THE PART WE LIVE
17 ON, ON THE WEST SIDE. AS FAR AS I'M CONCERNED, IT
18 WAS KIND OF WASTELAND FOR ME, BUT THE GUY THAT
19 BOUGHT IT BUILT A HOUSE OVER THERE, AND I'M AFRAID
20 IT'S GOING TO GO AWFUL CLOSE TO THEM.
21 BUT WE LIVE ON 148TH STREET, WHICH IS A
22 TRUCK BYPASS NOW, EVEN THOUGH IT ISN'T MARKED AS A
23 TRUCK BYPASS, IT IS USED AS A TRUCK BYPASS. AND I
24 DOUBT IF THERE WILL BE ANY MORE TRUCKS WHEN THEY
25 BUILD THIS THAN WE HAVE RIGHT NOW.
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
16
1 WHAT ELSE DO YOU WANT TO KNOW?
2 HEARING OFFICER YATES: ANYTHING ELSE
3 YOU THINK YOU WANT TO TESTIFY ON, YOU'VE GOT THE
4 FULL TEN MINUTES TO USE HOWEVER YOU WANT. IF
5 THAT'S ALL YOU HAVE, THAT'S OKAY, TOO.
6 WARREN VANNOY: I DON'T SUPPOSE THEY'D
7 BE INTERESTED IN THE FACT THAT THERE'S LAND ACROSS
8 THE ROAD FROM US THAT BELONGED TO THE STATE. AND
9 THE REASON IT WAS GIVEN TO THE STATE WAS BECAUSE
10 THEY CALL IT SALINE LAND. MY GREAT GRANDFATHER
11 ORIGINALLY BUILT ON THE HILL A HALF -- QUARTER OF A
12 MILE WEST.
13 I SUPPOSE I MIGHT AS WELL COMPLAIN AS
14 ANYBODY ELSE BECAUSE MY ANCESTORS LEFT TENNESSEE IN
15 1850; IS THAT RIGHT? AND THEY'VE BEEN AROUND THIS
16 COUNTRY ABOUT AS LONG AS ANYBODY ELSE, BUT WE DID
17 HAVE A FAMILY THAT -- EAST OF US NOT TOO FAR, HALF
18 A MILE, WHO WERE SQUATTERS. THEY WERE LOCATED
19 THERE BEFORE THE STATE BECAME A STATE OF NEBRASKA.
20 AND I'M NOT SO SURE WHETHER THEY HAVE JUST AS MUCH
21 RIGHT -- THEIR HEIRS HAVE JUST AS MUCH RIGHT TO
22 COMPLAIN AS, SHOULDN'T SAY IT, BUT AS THE STEVENS
23 CREEK STOCK FARM.
24 I DON'T HAVE MUCH SYMPATHY FOR THE
25 STEVENS CREEK STOCK FARM. THEY'VE BEEN SPENDING
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
17
1 THEIR TIME AND EFFORT COMPLAINING OF -- TALKING
2 ABOUT THAT PLACE SINCE I DON'T KNOW HOW LONG.
3 AND I HAD A GRANDFATHER THAT HAULED ROCK
4 FROM THAT QUARRY THAT THEY HAULED THEIR ROCK FROM
5 TO BUILD THE FIRST CAPITOL BUILDING, THE ONE THAT
6 THE ROCK WAS SO SOFT THAT IT FELL DOWN.
7 BUT THAT'S ABOUT ALL THAT I WOULD HAVE
8 TO SAY ABOUT IT, EXCEPT IF THEY ARE INTERESTED IN
9 ANY INFORMATION ABOUT THAT COUNTRY, WHEN I WAS A
10 KID, ABOUT 14, MY DAD GAVE ME A 410 FOR CHRISTMAS
11 AND THERE ISN'T AN INCH OF THAT COUNTRY THAT I
12 HAVEN'T WALKED OVER HUNTING, FOR YEARS.
13 WELL, I GUESS THAT'S ABOUT ALL I'VE GOT
14 TO SAY --
15 HEARING OFFICER YATES: OKAY.
16 WARREN VANNOY: -- IS THAT YOU SEE IT
17 STAYS THE WAY IT IS.
18 HEARING OFFICER YATES: SHE'S TAKING
19 DOWN EXACTLY WHAT YOU SAID. SO IT WILL BE JUST
20 WHAT YOU SAID.
21 WARREN VANNOY: I JUST DON'T NEED
22 SOMEBODY TO COME ALONG AND CHANGE IT.
23 HEARING OFFICER YATES: NO. IT WILL BE
24 EXACTLY AS YOU SPOKE IT. SHE RECORDED IT.
25 DID YOU WANT TO SPEAK AT ALL, MA'AM?
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
18
1 THANK YOU FOR YOUR TESTIMONY THEN.
2 (TESTIMONY CONCLUDED AT 2:22 P.M.)
3 (AT 2:39 P.M. ON APRIL 23, 2001, WITH HEARING
4 OFFICER YATES, WITNESS PERRY POYNER AND THE COURT
5 REPORTER BEING PRESENT, THE FOLLOWING TESTIMONY WAS
6 GIVEN:)
7 HEARING OFFICER YATES: I'M KRISTIN
8 YATES, AND I'LL BE THE HEARING OFFICER TODAY. I
9 NEED TO LET YOU KNOW THAT YOU CAN EITHER SUBMIT
10 WRITTEN TESTIMONY OR ORAL TESTIMONY. IF YOU WANT
11 TO SUBMIT THE WRITTEN TESTIMONY, YOU CAN GET A COPY
12 OF THIS FLIER. AND THE FORMS ARE OUT ON THE FRONT
13 DESK.
14 YOU'LL HAVE TEN MINUTES TO SPEAK TODAY.
15 AND ALL WE ASK IS THAT YOU STATE YOUR NAME AND
16 SPELL IT FOR THE RECORD AGAIN, AND STATE YOUR
17 ADDRESS. AND THEN IF YOU'RE SPEAKING ON BEHALF OF
18 ANYBODY, GO AHEAD AND IDENTIFY WHO THAT WOULD BE.
19 YOU CAN BEGIN.
20 PERRY POYNER: MY NAME IS PERRY POYNER,
21 P-O-Y-N-E-R. AND I'M A NEBRASKA ADVISER TO THE
22 NATIONAL TRUST FOR HISTORIC PRESERVATION. THE
23 NATIONAL TRUST FOR HISTORIC PRESERVATION PROVIDES
24 LEADERSHIP, EDUCATION AND ADVOCACY TO SAVE
25 AMERICA'S DIVERSE HISTORIC PLACES AND REVITALIZE
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
19
1 OUR COMMUNITIES. CHARTERED BY CONGRESS IN 1949,
2 THE TRUST NOW INCLUDES MORE THAN 250,000 MEMBERS
3 ACROSS THE COUNTRY, INCLUDING NEARLY 1,000 MEMBERS
4 IN NEBRASKA.
5 THE NATIONAL TRUST HAS BEEN CLOSELY
6 INVOLVED WITH THE PROPOSED LINCOLN BELTWAY FOR
7 SEVERAL YEARS AND IS A CONSULTING PARTY IN THE
8 SECTION 106 PROCESS FOR THE PROPOSED PROJECT.
9 THE NATIONAL TRUST IS VERY CONCERNED
10 ABOUT THE POTENTIAL IMPACT OF THE BELTWAY ON
11 HISTORIC RESOURCES AND THE RURAL LANDSCAPE. IN
12 FACT, THE EAST BELTWAY AREA HAS BEEN NOMINATED TO
13 THE NATIONAL TRUST'S LIST OF AMERICA'S 11 MOST
14 ENDANGERED HISTORIC PLACES.
15 I AM HERE TODAY TO TAKE THIS OPPORTUNITY
16 TO FORMALLY OBJECT TO THE FORMAT OF THIS HEARING.
17 ALTHOUGH THE INFORMATIONAL ASPECT OF THE MEETING IS
18 IMPORTANT, THE ONLY OPPORTUNITY FOR THE PUBLIC TO
19 COMMENT ON THE PROJECT IS IN THE FORM OF PRIVATE,
20 INDIVIDUAL STATEMENTS TO HEARING OFFICERS AND
21 REPORTERS IN THREE SEPARATE ROOMS. AS A RESULT,
22 MEMBERS OF THE PUBLIC ARE DEPRIVED OF THE
23 OPPORTUNITY TO HEAR THE TESTIMONY OF OTHERS IN THE
24 COMMUNITY.
25 THIS PUBLIC EXCHANGE OF VIEWS IS AN
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
20
1 ESSENTIAL ELEMENT OF A MEANINGFUL PUBLIC HEARING.
2 WITHOUT IT, THE PRIVATE RECORDED COMMENTS OF
3 INDIVIDUALS ARE ESSENTIALLY ANALOGOUS TO INDIVIDUAL
4 WRITTEN COMMENT LETTERS.
5 IN FACT, THE ADVISORY COUNCIL ON
6 HISTORIC PRESERVATION SPECIFICALLY DECIDED NOT TO
7 ATTEND THIS MEETING BECAUSE THEY CONCLUDED IT WOULD
8 NOT BE WORTHWHILE WITHOUT THE ABILITY TO HEAR
9 PUBLIC TESTIMONY FROM INDIVIDUALS IN THE COMMUNITY.
10 AN OPPORTUNITY TO RECORD PRIVATE ORAL
11 COMMENTS ON THE PROJECT DOES HAVE SOME VALUE, BUT
12 ONLY IF IT IS ACCOMPANIED BY A TRADITIONAL PUBLIC
13 HEARING AT SOME POINT DURING THE COMMENT PERIOD.
14 THAT IS NOT BEING OFFERED HERE.
15 AS A RESULT, WE BELIEVE THAT THE
16 REQUIREMENT FOR A MEANINGFUL PUBLIC HEARING ON THIS
17 PROJECT HAS NOT BEEN SATISFIED, AND WE INTEND TO
18 PURSUE THIS ISSUE WITH THE FEDERAL HIGHWAY
19 ADMINISTRATION IN WASHINGTON.
20 ONE FEDERAL COURT RECENTLY AGREED WITH
21 OUR CONCERNS ABOUT USING THIS KIND OF OPEN-HOUSE
22 FORMAT TO SUBSTITUTE FOR A PUBLIC HEARING. IN
23 ISSUING AN INJUNCTION AGAINST A MAJOR FREEWAY
24 PROJECT IN SOUTHERN CALIFORNIA, THE COURT HAD
25 SERIOUS CONCERNS ABOUT WHETHER THE FORMAT OF AN
STEPHANIE J. RONCKA, RPR, CRR
JS WURM ASSOCIATES (402) 475-3376
21
1 OPEN HOUSE IS THE EQUIVALENT OF A PUBLIC HEARING.
2 CITY OF SOUTH PASADENA VS. SLATER,
3 56F. SUPP.2D 1106, 1132, (C.D. CAL. 1999), "PUBLIC
4 HEARINGS PROVIDE THE COMMUNITY AND THE
5 DECISION-MAKERS A FORUM FOR THE FREE AND
6 CONTEMPORANEOUS EXCHANGE OF IDEAS. IT IS A DYNAMIC
7 PROCESS WHICH HAS AT ITS CORE THE IDEA THAT IT IS
8 ONLY THROUGH A PUBLIC MEETING THAT DETAILS AND
9 INTRICACIES OF CONTROVERSIES CAN BE BEST EXPLORED
10 AND UNDERSTOOD."
11 NO SUCH PROCESS EXISTS HERE, WHERE THE
12 OPPORTUNITY TO HEAR AND RESPOND TO OTHERS' OPINIONS
13 AND VIEWS IS COMPLETELY ABSENT. DUE TO THE INTENSE
14 PUBLIC INTEREST IN THE BELTWAY PROJECT, A PROPER
15 PUBLIC HEARING SHOULD BE HELD TO ALLOW FOR THE
16 DYNAMIC EXCHANGE OF IDEAS ON THIS CONTROVERSIAL
17 PROPOSAL.
18 FINALLY, PRIOR TO THE END OF THE
19 OFFICIAL COMMENT PERIOD FOR THE DEIS, THE TRUST
20 WILL BE PROVIDING ITS SUBSTANTIVE WRITTEN COMMENTS
21 TO THE FEDERAL HIGHWAY ADMINISTRATION. THANK YOU.
22 HEARING OFFICER YATES: THANK YOU FOR
23 YOUR TESTIMONY.
24 (TESTIMONY CONCLUDED AT 2:44 P.M.)
25
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
22
1 (AT 8:30 A.M. ON APRIL 24, 2001, WITH HEARING
2 OFFICER WALKER, WITNESS STAN CAMPBELL AND THE COURT
3 REPORTER BEING PRESENT, THE FOLLOWING TESTIMONY WAS
4 GIVEN:)
5 HEARING OFFICER WALKER: SO YOU JUST
6 HAVE YOUR STATEMENT.
7 STAN CAMPBELL: MY NAME IS STAN
8 CAMPBELL, AND I LIVE AT 1111 EAST HILLCREST DRIVE
9 IN LINCOLN, AND THE ZIP CODE IS 68520. AND I'M
10 HERE JUST TO COMMENT ON THE BELTWAY AND THE VARIOUS
11 OPTIONS THAT ARE BEING PRESENTED ON THE EAST
12 BELTWAY.
13 I WAS EXCITED WHEN I SAW THE ORIGINAL
14 PROPOSAL WOULD HAVE THE BELTWAY AT APPROXIMATELY
15 141ST STREET BECAUSE I THINK THAT MADE A LOT OF
16 SENSE. AND NOW I'VE BEEN HEARING RUMORS THAT THERE
17 SEEMS TO BE PICKING UP STEAM FOR MAYBE THE ONE AT
18 105TH STREET, AND THAT DOES CONCERN ME. I DON'T
19 THINK THAT'S WISE FROM A PLANNING STANDPOINT.
20 I DON'T THINK IT WILL BE TOO LONG BEFORE
21 THE STEVENS CREEK WATERSHED AREA WILL BE DEVELOPED.
22 AND I THINK HAVING THE BELTWAY IN CLOSER TO THAT
23 WOULD POSSIBLY INHIBIT THE DEVELOPMENT OF THAT AREA
24 AND CERTAINLY MAKE IT A LESS DESIRABLE AREA FOR THE
25 HOME SITES.
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
23
1 I THINK MOVING THE BELTWAY OUT TO 141ST
2 STREET ALONG THE RIDGE LINE MAKES A LOT MORE SENSE
3 IN TERMS OF CONSTRUCTION. I THINK IT MAKES MORE
4 SENSE IN TERMS OF DEVELOPMENT -- FUTURE DEVELOPMENT
5 OF THE CITY OF LINCOLN, THAT THE BELTWAY WOULD
6 ACTUALLY BE SOMETHING THAT THE CITY WOULD GROW OUT
7 TO INSTEAD OF SOMETHING THAT THE CITY COULD GROW
8 PAST VERY, VERY QUICKLY.
9 SO THAT'S REALLY ALL MY TESTIMONY.
10 HEARING OFFICER WALKER: WELL STATED.
11 THANK YOU VERY MUCH.
12 (TESTIMONY CONCLUDED AT 8:33 A.M.)
13 (AT 8:55 A.M. ON APRIL 24, 2001, WITH HEARING
14 OFFICER WALKER, WITNESS NOEL TIMMONS AND THE COURT
15 REPORTER BEING PRESENT, THE FOLLOWING TESTIMONY WAS
16 GIVEN:)
17 HEARING OFFICER WALKER: THIS IS --
18 WE'RE BACK ON THE RECORD FOR THE HEARINGS AND
19 MR. TIMMONS IS BEFORE US TO TESTIFY. LET ME
20 EXPLAIN TO YOU THAT YOU HAVE UP TO TEN MINUTES TO
21 DO YOUR ORAL TESTIMONY. IT WILL ALL BE TRANSCRIBED
22 AND BE MADE A PART OF THE RECORD OF THESE HEARINGS
23 FOR CONSIDERATION THROUGH THE PROCESS.
24 AND YOU ARE ALSO ENTITLED TO SUBMIT
25 WRITTEN TESTIMONY. SO THERE ARE FORMS AT THE FRONT
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
24
1 DESK THAT WILL GIVE YOU -- THE ADDRESS THAT YOU
2 SEND THAT TO, SO THAT IF YOU LEAVE HERE AND YOU
3 THINK LATER THERE'S SOMETHING ELSE YOU WANTED TO
4 SAY, TAKE A FORM SO YOU CAN WRITE IT DOWN. AND YOU
5 HAVE UNTIL THE 15TH OF MAY TO DO THAT.
6 NOEL TIMMONS: OKAY.
7 HEARING OFFICER WALKER: NOW WE WOULD
8 BEGIN WITH YOUR TESTIMONY. WE NEED FIRST TO DO
9 THIS RECORD SO THAT IT'S CLEAR, AND THAT IS, WE
10 NEED YOU TO STATE YOUR NAME AND YOUR ADDRESS FOR
11 THE RECORD.
12 NOEL TIMMONS: OKAY. I'M NOEL TIMMONS,
13 1700 SOUTH 105TH STREET. I LIVE RIGHT ALONG ONE OF
14 THE PROPOSED CORRIDORS. AND I WOULD JUST LIKE TO
15 VOICE MY EXTREME DISPLEASURE AT THE INCLUSION OF
16 THE CLOSE-END CORRIDOR FOR CONSIDERATION.
17 A BIT OF HISTORY, WHEN WE BOUGHT OUR
18 LAND OUT THERE, WE CHECKED AROUND WITH ALL THE CITY
19 OFFICIALS AND THE PLANNING OFFICES AND THEY TOLD US
20 THERE WAS NOTHING THAT WAS PLANNED ON GOING THROUGH
21 THAT AREA. WE BOUGHT OUR LAND AND HAD THE LAND FOR
22 SEVERAL YEARS, AND AT THAT TIME WE AGAIN WERE TOLD
23 THAT NOTHING WAS BEING CONSIDERED BEING BUILT
24 THERE.
25 AT SOME POINT THEY DID START MENTIONING
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
25
1 A BELTWAY THAT WAS BEING CONSIDERED. AND WE WAITED
2 TO BUILD OUR HOUSE UNTIL WE WERE TOLD THAT THE
3 CLOSE-END CORRIDOR WAS VOTED OUT. AT THAT POINT,
4 AND I BELIEVE THAT WAS IN JUNE OF '97, THE
5 CLOSE-END CORRIDOR WAS TAKEN OUT OF CONSIDERATION.
6 WE BEGAN CONSTRUCTION OF OUR HOUSE AND
7 AGAIN THEN THE FOLLOWING SUMMER, IN AUGUST OF '98,
8 I BELIEVE, THE CLOSE-END CORRIDOR WAS AGAIN
9 RECONFIRMED THAT IT WAS NOT IN THE STUDY, AND WE
10 CONTINUED WITH THE CONSTRUCTION OF OUR HOUSE. WE
11 MOVED INTO OUR HOUSE IN NOVEMBER OF '98, AND
12 SHORTLY THEREAFTER WE WERE INFORMED AT THAT POINT
13 THEY HAD PUT IT BACK INTO CONSIDERATION.
14 WE WOULD NOT HAVE BUILT OUR HOUSE THERE
15 HAD WE BEEN TOLD THAT IT WAS EVEN A CONSIDERATION.
16 AND, IN FACT, WE HAD DELAYED CONSTRUCTION UNTIL WE
17 WERE TOLD THAT IT WAS NOT A CONSIDERATION, BECAUSE
18 I GET FAIRLY ANGRY WHEN I'M TOLD THAT THEY ARE NOW
19 RECONSIDERING THAT AS A CORRIDOR.
20 I THINK THE EFFECT OF THE BELTWAY ON
21 HOMES IN THE REGION IS GREATLY UNDERESTIMATED,
22 PARTICULARLY THE NOISE AND VISUAL IMPACT WHICH IT
23 WOULD HAVE.
24 PART OF THE REASON THAT WE MOVED THERE
25 WAS BECAUSE OF ITS LOW-DENSITY POPULATION AND ALSO
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
26
1 BECAUSE OF THE QUITE PEACEFUL COUNTRYSIDE, WHICH WE
2 HAVE DEVELOPED THERE. WE HAVE SPENT A LOT OF TIME
3 AND MONEY DEVELOPING IT THERE; THAT THEY WISH TO
4 CHANGE THAT AFTER WE TOOK WHAT I FELT WERE ALL THE
5 NECESSARY PRECAUTIONS AND DID ALL THE NECESSARY
6 INVESTIGATION AND CONTACTED ALL THE PROPER
7 OFFICIALS AND WERE TOLD THAT THIS WAS NOT A
8 POSSIBILITY. IT'S JUST INCONCEIVABLE THAT IN THE
9 UNITED STATES OF AMERICA THAT THIS CAN HAPPEN.
10 WE WILL FIGHT THIS TO EVERY LEGAL DEGREE
11 THAT WE CAN IF IT EVER COMES UP. AND WE WILL BE
12 COMPENSATED FOR THE TIME AND MONEY THAT WE HAVE
13 SPENT THAT WILL BE RUINED.
14 I THINK THE NUMBER OF HOMES IN THE
15 EAST-CLOSE BELTWAY IS VASTLY UNDERESTIMATED. IF
16 YOU LOOK AT THE SURVEYS, THERE ARE A NUMBER OF
17 HOUSES THAT ARE NOT REPRESENTED THERE. THERE IS A
18 GREAT DEAL MORE DEVELOPMENT IN THAT AREA THAN IS
19 WHAT IS REPRESENTED THERE.
20 AND THERE ARE -- IF YOU LOOK AT THE
21 NUMBERS, COMPARING THE NUMBER OF HOMES WHICH ARE
22 AFFECTED, WHICH EVEN ARE STATED AFFECTED WITH
23 EAST-CLOSE COMPARED TO THE MIDDLE OR THE FAR,
24 YOU'LL SEE THAT THE TWO OTHER COMBINED ROUTES DON'T
25 HAVE AS MANY AS THE CLOSE OR AT LEAST ITS -- THE
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
27
1 CLOSE HAS FAR -- AFFECTS FAR MORE PEOPLE. I DON'T
2 EVEN THINK THAT IT -- EVEN THE ONES THAT ARE
3 REFLECTED THERE ADEQUATELY REFLECT THE IMPACT THAT
4 IT WILL HAVE.
5 OUR HOME, WHICH IS -- OUR ADDRESS IS
6 1700 SOUTH 105TH. THE WAY I UNDERSTAND IT, THE
7 CORRIDOR GOES RIGHT DOWN 105TH, IN OUR AREA
8 PARTICULARLY, AND THEY SAY THAT WE WILL NOT BE
9 NOISE IMPACTED, AT LEAST OUR HOME. THE LAST MAP I
10 SAW, THE SYMBOL WAS THAT WE WOULD NOT BE NOISE
11 IMPACTED. I THINK YOU HAVE TO BE AN IDIOT TO THINK
12 THAT THAT'S TRUE. I MEAN, IT'S JUST PATENTLY
13 FALSE.
14 AS I SAID BEFORE, THE NUMBER OF PEOPLE
15 AND THE NUMBER OF DEVELOPMENTS THAT ARE IN THAT
16 AREA I DON'T THINK ARE ADEQUATELY REFLECTED ON THE
17 MAP. I THINK THAT A NEW SURVEY NEEDS TO BE DONE TO
18 ADEQUATELY REFLECT THAT.
19 THE OTHER THING THAT I AM CONCERNED
20 ABOUT, I USE THE TRAIL A LOT, AND I KNOW A LOT OF
21 PEOPLE THAT DO USE THE TRAIL A LOT. AND THE
22 MAJORITY OF THE TRAIL USE IS DONE OUT TO WALTON AND
23 BACK. I KNOW, I SEE IT EVERY DAY GO BY MY HOUSE.
24 I DON'T THINK THAT PEOPLE HAVE
25 ADEQUATELY CONSIDERED WHAT A LOSS THIS IS GOING TO
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
28
1 BE TO THE CITY TO HAVE THIS CLOSE-END, BECAUSE THAT
2 WALTON TRAIL WILL BASICALLY BE RUINED. PEOPLE
3 DON'T GO OUT THERE SO THEY CAN HEAR AN INTERSTATE.
4 I MEAN, THEY GO OUT THERE BECAUSE THERE'S A LOT OF
5 NATURE AND THERE'S TREES AROUND AND IT'S A QUIET
6 AND PEACEFUL RUN OR RIDE OR WALK WITH THEIR FAMILY.
7 THE OTHER THING THAT I THINK IS GREATLY
8 UNDERESTIMATED WITH THE CLOSE-END ROUTE IS THAT
9 THEY'RE TALKING ABOUT DEVELOPING THE STEVENS CREEK
10 WATERSHED. HOWEVER THAT GETS DEVELOPED -- AND I
11 UNDERSTAND IT'S INEVITABLE THAT THAT WILL BE
12 DEVELOPED THERE. AS SOON AS WE BEGIN DEVELOPING
13 THAT, THEN THE 105TH ROUTE IS IN THE MIDDLE OF THE
14 DEVELOPMENT. IT'S NOT -- IT'S NOT ADEQUATE --
15 ADEQUATELY REMOVED FROM THE DEVELOPMENT. YOU
16 BASICALLY HAVE AN INTERSTATE IN THE MIDDLE OF THE
17 CITY THEN.
18 OBVIOUSLY I'D PREFER THE STEVENS CREEK
19 WATERSHED REMAIN SOMEWHAT UNDERDEVELOPED AS FAR AS
20 HAVING A LOW-DENSITY POPULATION, BUT I UNDERSTAND
21 THAT MAY NOT BE TRUE IN THE FUTURE. YOU CAN'T HAVE
22 IT BOTH WAYS. IF YOU SAY YOU'RE GOING TO DEVELOP
23 STEVENS CREEK, THEN YOU OBVIOUSLY CAN'T HAVE THE
24 INTERSTATE DOWN 105TH.
25 THE OTHER THING THAT I THINK IS
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
29
1 OVERESTIMATED IS THE AMOUNT OF RELIEF THAT THE --
2 THAT PUTTING THE BELTWAY AT 105TH OR, FOR THAT
3 MATTER, ANY OF THE ROUTES WILL HAVE ON 70TH AND
4 84TH STREET. THEY HAVE SAID THAT THEY WANT TO USE
5 THIS TO RELIEVE CONGESTION IN THE CITY, BUT THE
6 FACT OF THE MATTER IS, IS THAT IF YOU WANT TO
7 RELIEVE CONGESTION IN THE CITY, WHAT YOU'D NEED TO
8 DO IS YOU NEED TO WIDEN 27TH, 48TH AND 56TH STREET.
9 NOBODY'S GOING TO TAKE AND GET IN THEIR
10 CAR AND DRIVE ALL THE WAY AROUND THE CITY TO GET TO
11 A SPOT IN NORTH LINCOLN OR VICE VERSA. PEOPLE THAT
12 HAVE CONSIDERED THAT ARE JUST NOT THINKING CLEARLY.
13 I MEAN, THEY'VE GOT TO THINK REALISTICALLY. AND
14 WHAT WOULD THEY DO, WHAT ROUTE WOULD THEY TAKE?
15 AND THEY'RE STILL GOING TO TAKE 27TH OR 48TH OR
16 56TH.
17 SO PEOPLE THAT ARE SAYING THAT THIS
18 WOULD RELIEVE CONGESTION IN THE CITY AREN'T -- I
19 DON'T THINK ARE THINKING CLEARLY. I MEAN, THEY
20 JUST AREN'T BEING REALISTIC IN THE WAY THEY'RE
21 THINKING.
22 I DO WHOLEHEARTEDLY SUPPORT RELIEVING
23 CONGESTION IN THE CITY. AND I THINK THAT THAT'S A
24 GOOD THING TO DO. AND I THINK THAT WE NEED TO --
25 IF YOU WANT TO DO THAT, YOU NEED TO DO THE THINGS
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
30
1 THAT WILL DO THAT, AND THAT IS, WIDEN THOSE
2 INNER-CITY STREETS AND NOT TRY TO BUILD A BYPASS
3 THAT NOBODY'S GOING TO USE.
4 I THINK THOSE ARE THE MAJOR POINTS I
5 WANT TO MAKE HERE TODAY, BUT I WANTED TO STRESS
6 AGAIN 105TH STREET IS NOT AN ADEQUATE -- YOU KNOW,
7 SHOULDN'T EVEN BE CONSIDERED. IT IMPACTS WAY MORE
8 PEOPLE. IT HAS BEEN TAKEN OUT AND THEN PUT BACK
9 IN. AND IN THE MEANTIME, PEOPLE HAVE BUILT HOUSES
10 THERE. AND IT'S JUST -- IT'S A PRISTINE
11 ENVIRONMENT OUT THERE THAT DOESN'T NEED TO BE
12 RUINED WITH AN INTERSTATE.
13 HEARING OFFICER WALKER: MR. TIMMONS,
14 DID YOU COME HERE TO SPEAK FOR YOURSELF AND YOUR
15 FAMILY OR DID YOU COME REPRESENTING A GROUP?
16 NOEL TIMMONS: MAINLY FOR MYSELF AND MY
17 FAMILY, BUT I'VE BEEN IN CONTACT WITH GROUPS AS
18 WELL.
19 HEARING OFFICER WALKER: AND DID YOU
20 HAVE SOMETHING MORE TO SAY THIS MORNING?
21 NOEL TIMMONS: I DON'T THINK SO.
22 HEARING OFFICER WALKER: I DO WANT TO
23 ENCOURAGE YOU THAT IF YOU WANT TO TAKE ONE OF
24 THE -- AT THE FRONT DESK THERE ARE -- I SHOULD HAVE
25 SOME HERE, BUT THEY GIVE THE ADDRESS OF WHERE YOU
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
31
1 CAN SEND WRITTEN COMMENTS. AND IF YOU'VE BEEN IN
2 TOUCH WITH OTHER PEOPLE AND THEY AREN'T ABLE TO BE
3 AT THE HEARING, YOU MIGHT INFORM THEM SO -- BECAUSE
4 WHATEVER IS WRITTEN, WHETHER YOU COME AND APPEAR IN
5 PERSON OR YOU WRITE AND SUBMIT IT, IT ALL IS
6 CONSIDERED.
7 SO IF YOU WOULD TAKE ONE OF THOSE FORMS
8 AT THE DESK, THEN YOU CAN ADVISE YOUR FRIENDS AND
9 GROUPS.
10 NOEL TIMMONS: OKAY. THANK YOU.
11 (TESTIMONY CONCLUDED AT 9:05 A.M.)
12 (AT 9:12 A.M. ON APRIL 24, 2001, WITH HEARING
13 OFFICER WALKER, WITNESS BONNIE LEMKE AND THE COURT
14 REPORTER BEING PRESENT, THE FOLLOWING TESTIMONY WAS
15 GIVEN:)
16 HEARING OFFICER WALKER: I NEED TO SAY A
17 FEW THINGS FOR THE RECORD BEFORE YOU START. WE'RE
18 BACK ON THE RECORD, AND WE'RE RESUMING THE HEARING
19 AND GOING TO TAKE THE TESTIMONY OF BONNIE LEMKE.
20 LET ME ADVISE YOU THAT YOU HAVE TEN MINUTES TO GIVE
21 YOUR ORAL TESTIMONY. IF YOU WANT SOME ADDITIONAL
22 TIME, WE CAN WORK WITH THAT.
23 I WANT YOU TO ALSO KNOW THAT YOU CAN
24 GIVE WRITTEN TESTIMONY. AND THERE ARE FORMS AT THE
25 FRONT DESK THAT WILL GIVE YOU THE ADDRESS. YOU
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
32
1 WILL HAVE UNTIL MAY 15 TO SUPPLEMENT YOUR TESTIMONY
2 TODAY, MAILING IT TO THAT ADDRESS.
3 WOULD YOU TELL ME WHETHER OR NOT YOU'RE
4 HERE REPRESENTING YOURSELF OR ARE YOU HERE
5 REPRESENTING A GROUP?
6 BONNIE LEMKE: COMBINATION.
7 HEARING OFFICER WALKER: COMBINATION.
8 COULD YOU TELL US WHAT THE GROUP IS?
9 BONNIE LEMKE: STEVENS CREEK
10 PRESERVATION ASSOCIATION.
11 HEARING OFFICER WALKER: ALL RIGHT.
12 OKAY. YOU MAY BEGIN. THANK YOU FOR COMING, BY THE
13 WAY.
14 BONNIE LEMKE: MY NAME IS BONNIE LEMKE,
15 AND I AM A SECRETARY OF THE STEVENS CREEK
16 PRESERVATION ASSOCIATION. WE AS A GROUP HAVE BEEN
17 TRYING TO ENCOURAGE THE UPGRADING OF THE EXISTING
18 ROADS AS THE PROPOSAL FOR THE BELTWAY.
19 MY HUSBAND AND I ARE PERSONALLY AFFECTED
20 BY BOTH THE MIDDLE AND THE OUTER CORRIDOR. ARE YOU
21 WILLING TO PAY US FOR -- US LANDOWNERS WHAT WE
22 COULD RECEIVE IF WE WERE TO SELL THE PROPERTY
23 OUTRIGHT? THIS IS OUR FAMILY LIVELIHOOD AND OUR
24 BUSINESS. WILL WE BE FAIRLY COMPENSATED? WITH THE
25 WAY THE ECONOMY IS, IT IS TIME TO START THINKING
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
33
1 ABOUT WHERE THE TAX DOLLARS ARE GOING AND WHAT IS
2 TRULY BENEFICIAL FOR OUR COMMUNITY.
3 THERE ARE SEVERAL FAMILIES LIKE
4 OURSELVES WHICH ARE GENERATIONAL OWNERS OF LAND.
5 MY HUSBAND AND I ARE THE FOURTH GENERATION TO OWN
6 OUR LAND. IT IS A FAMILY HERITAGE.
7 PLEASE TAKE THE TIME TO THINK ABOUT THE
8 BENEFITS OF UPGRADING THE EXISTING ROADS. IT WOULD
9 SAVE MONEY AS WELL AS FAMILY, FARMS AND BUSINESSES.
10 THANK YOU.
11 HEARING OFFICER WALKER: AND WHAT I WANT
12 TO BE SURE IS DID WE GET YOUR ADDRESS?
13 BONNIE LEMKE: YOU HAVE IT, BUT I CAN
14 GIVE YOU TO YOU. 130TH AND PINE LAKE ROAD OR IS IT
15 13 -- MY MAILING ADDRESS IS ROUTE 1, BOX 65,
16 WALTON.
17 HEARING OFFICER WALKER: AND DO YOU HAVE
18 INTERSECTIONS WHERE YOUR PROPERTY IS? YOU'RE ON
19 PINE LAKE?
20 BONNIE LEMKE: YES.
21 (TESTIMONY CONCLUDED AT 9:15 A.M.)
22 (AT 9:40 A.M. ON APRIL 24, 2001, WITH HEARING
23 OFFICER WALKER, WITNESS ED FOY AND THE COURT
24 REPORTER BEING PRESENT, THE FOLLOWING TESTIMONY WAS
25 GIVEN:)
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
34
1 HEARING OFFICER WALKER: WE'RE BACK ON
2 THE RECORD RESUMING THE HEARING. AND MR. FOY IS
3 ABOUT TO TESTIFY. LET ME ADVISE YOU THAT YOU HAVE
4 TEN MINUTES FOR YOUR ORAL TESTIMONY. IF YOU NEED
5 ADDITIONAL TIME, WE CAN TALK ABOUT THAT.
6 I ALSO WANT TO ADVISE YOU THAT YOU ARE
7 ENTITLED TO SUBMIT WRITTEN TESTIMONY AS WELL. ORAL
8 AND WRITTEN TESTIMONY WILL HAVE EQUAL WEIGHT. THE
9 COURT REPORTER WILL TRANSCRIBE EVERYTHING THAT IS
10 STATED, SO IT WILL BE MADE PART OF THE RECORD FOR
11 CONSIDERATION IN THE DECISION-MAKING PROCESS.
12 THERE IS OUT AT THE FRONT DESK A FORM
13 LIKE THIS THAT YOU CAN PICK UP. YOU CAN ADD
14 ADDITIONAL INFORMATION IF YOU THINK OF SOMETHING
15 LATER. AND THERE'S AN ADDRESS ON THAT IF YOU WANT.
16 YOU DON'T NEED TO USE THAT FORM. IT'S PRIMARILY TO
17 GIVE YOU THE ADDRESS. YOU HAVE UNTIL MAY 15 TO
18 SUBMIT THAT INFORMATION.
19 THE ONLY OTHER THING I WOULD ASK OF YOU
20 IS: ARE YOU HERE INDIVIDUALLY AND/OR REPRESENTING
21 A PARTICULAR GROUP?
22 ED FOY: I'M HERE INDIVIDUALLY.
23 HEARING OFFICER WALKER: OKAY. AND WE
24 NEED YOU TO STATE FOR THE RECORD YOUR FULL NAME AND
25 GIVE US YOUR ADDRESS FOR OUR PURPOSES.
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
35
1 ED FOY: MY NAME IS ED FOY, F-O-Y. MY
2 ADDRESS IS 12501 HOLDREGE STREET HERE IN LINCOLN,
3 ZIP CODE IS 68527.
4 HEARING OFFICER WALKER: THANK YOU,
5 MR. FOY. PLEASE BEGIN.
6 ED FOY: THANK YOU. MY WIFE KATHY AND I
7 LIVE AT 125TH AND HOLDREGE STREET IN A HOME THAT WE
8 BUILT JUST SIX YEARS AGO. WE HAD PLANNED SOME
9 EXTENSIVE REMODELING, BUT WE WANTED TO HOLD OFF
10 UNTIL WE HAD A DECISION ON THE BELTWAY. AND SO WE
11 PARTICIPATED IN THE PROCESS TWO YEARS AGO. AND
12 THEN WHEN THE CITY-COUNTY PLANNING COMMISSION VOTE
13 WAS TAKEN IN JANUARY OF 1999, WE BEGAN CONSTRUCTION
14 WORKING ON THE FAITH AND THE BELIEF THAT THAT WAS A
15 TRUE ELECTION AND TRUE VOTE AND A TRUE DECISION OF
16 THE CITY FATHERS.
17 SO WE WERE VERY SURPRISED A MONTH OR SO
18 AGO WHEN WE FIND THAT AFTER THE ENVIRONMENTAL
19 IMPACT STUDY WAS COMPLETED THAT ALL THREE ROUTES
20 WERE BEING OPENLY CONSIDERED BY THE CITY.
21 THE ENVIRONMENTAL IMPACT STUDY, AS WE
22 UNDERSTAND, WAS REQUIRED -- WAS REQUIRED BY THE
23 FEDERAL HIGHWAY TRANSPORTATION DEPARTMENT. AND
24 THEY REQUESTED, EVEN AFTER RECEIVING THE INDICATION
25 FROM THE CITY, THAT THEY -- THAT THE CITY FATHERS
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
36
1 VOTED FOR THE OUTER BELTWAY, THE EAST-FAR BELTWAY,
2 THEY REQUESTED INFORMATION ON ALL THREE OF THE
3 CORRIDORS.
4 WE'VE HAD AN OPPORTUNITY TO REVIEW THE
5 ENVIRONMENTAL IMPACT STUDY, THE EIS STUDY, DRAFT
6 THAT WAS COMPLETED. AND IN THAT STUDY, IT STATES
7 IN SEVERAL PLACES THAT THEY FOUND NO SIGNIFICANT
8 OVERALL DIFFERENCES BETWEEN THE EAST-CLOSE, THE
9 EAST-MID AND THE EAST-FAR CORRIDORS FROM AN
10 ENVIRONMENTAL IMPACT STANDPOINT.
11 THERE WERE VARIOUS SLIGHT DIFFERENCES
12 BETWEEN THE THREE CORRIDORS. AND THAT CAN BE
13 SORTED -- CITED AND SOURCED SEVERAL PLACES INSIDE
14 THE ENVIRONMENTAL IMPACT STUDY, BUT PAGE 4.1 HAS A
15 SPECIFIC CITING FOR THAT.
16 THE FACT IS, NOW WE HAVE A NEW MAYOR AND
17 WE HAVE NEW CITY COUNCIL AND WE HAVE NEW CITY
18 COUNCILMEN BEING VOTED -- COUNCIL PEOPLE BEING
19 VOTED ON. AND THE LOGIC THAT PREVENTED THE
20 DECISION THAT WAS MADE TWO YEARS AGO, WE FEEL,
21 NEEDS TO BE REINTRODUCED TO THESE INDIVIDUALS SO
22 THEY CAN MAKE A DECISION THAT'S IN THE BEST
23 INTEREST OF THE CITY OF LINCOLN.
24 THERE ARE SOME POINTS THAT WE FEEL ARE
25 SIGNIFICANT AND NEED TO BE CONSIDERED LOGICALLY TO
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
37
1 REITERATE THE DECISION THAT WAS MADE TWO YEARS AGO.
2 FIRST OF ALL, WHEN LINCOLN DOES EXPAND INTO THE
3 STEVENS CREEK WATERSHED, THE DEVELOPMENT IS GOING
4 TO BE RATHER RAPID.
5 WHEN LINCOLN FIRST STARTED DEVELOPING
6 SOUTH OF HIGHWAY 2, THEY HAD DEVELOPED DOWN TO
7 SALTILLO ROAD, A DISTANCE OF TWO TO FOUR MILES,
8 DEPENDING UPON WHERE YOU CAME SOUTH OF HIGHWAY 2,
9 IN JUST FOUR OR FIVE YEARS.
10 THE 84TH STREET -- ONCE THEY CROSSED
11 84TH STREET AND STARTED DEVELOPING THE STEVENS
12 CREEK BASIN, THE 125TH STREET, THE MID-STREET (SIC)
13 CORRIDOR, WHICH IS WHERE WE LIVE, IS JUST THREE
14 MILES FROM 84TH STREET. EVEN THE FAR-EAST CORRIDOR
15 IS JUST FOUR MILES FROM 84TH STREET.
16 AND IT CERTAINLY STANDS TO REASON THAT
17 ONCE LINCOLN MAKES A FINANCIAL COMMITMENT TO
18 DEVELOP THE SEWER SYSTEM INTO THE STEVENS CREEK
19 WATERSHED, IT WOULD TAKE JUST A MATTER OF FIVE TO
20 TEN YEARS BEFORE THIS DEVELOPMENT IS RAPIDLY OUT TO
21 AS FAR AS 148TH STREET.
22 NOW, WHEN THE LINCOLN CITY -- THE
23 LINCOLN COUNTY STEVENS CREEK PLAN WAS RECENTLY
24 RELEASED -- CAME -- JUST CAME OUT IN THE LAST FEW
25 WEEKS -- IN THAT DOCUMENT, THEY, ONCE AGAIN,
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
38
1 REITERATED THE COMMITMENT FOR LINCOLN TO DEVELOP
2 THE STEVENS CREEK WATERSHED. AND THEY STATED THAT
3 THEY WERE GOING TO GO OUT TO THE STEVENS CREEK
4 REGION IN THE FIRST PHASE, WHICH THEY ANTICIPATE
5 WOULD JUST TAKE, YOU KNOW, A CERTAIN NUMBER OF
6 YEARS, PROBABLY A SMALL NUMBER OF YEARS.
7 THE STEVENS CREEK AREA ACTUALLY BISECTS,
8 AS WOULD BE NATURAL, IT IS IN THE BOTTOM OF THE
9 WATERSHED, THE LOWER LEVEL OF THE WATERSHED, IN THE
10 FLOODPLAIN, AND IT DOESN'T MAKE SENSE WHY AN EAST
11 OR A CLOSE BELTWAY WOULD BE CHOSEN, WHICH WOULD
12 ACTUALLY BE INSIDE OF THIS PLANNED DEVELOPMENT.
13 BELTWAYS ARE DESIGNED TO CIRCUMVENT AND
14 NOT PENETRATE CITY DEVELOPMENTS IDEALLY. AND IF
15 LINCOLN IS GOING TO BE EXPANDING THAT RAPIDLY, WHY
16 WOULDN'T YOU GO FOR THE FARTHEST EAST OPTION? GIVE
17 YOU MORE FLEXIBILITY DOWN THE ROAD.
18 THE LOWER PLATTE SOUTH NATURAL RESOURCE
19 DISTRICT IS ALREADY DEVELOPING THE STEVENS CREEK
20 WATERSHED FLOODPLAIN. THEY'RE PURCHASING
21 RIGHT-OF-WAY. THEY HAVE AN EXTENSIVE PLAN OF DAMS
22 AND PONDS FOR FLOOD CONTROL ALREADY BEING DEVELOPED
23 IN CONJUNCTION WITH STEVENS CREEK. OF THE THREE
24 OPTIONS, OF THE THREE CORRIDORS BEING CONSIDERED,
25 EAST-CLOSE, EAST-FAR -- EAST-CLOSE, EAST-MID AND
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
39
1 EAST-FAR, THE EAST-MID CORRIDOR MOST CLOSELY
2 APPROXIMATES STEVENS CREEK AND ITS MANY
3 TRIBUTARIES.
4 THE QUESTION, ONCE AGAIN, RAISED IS:
5 WHY WOULD LINCOLN MAKE THE DECISION TO BUILD A
6 HIGH-SPEED, LIMITED-ACCESS EXPRESSWAY DOWN THE
7 MIDDLE OF A FLOODPLAIN AND CUTTING THROUGH A BRAND
8 NEW SYSTEM OF DAMS AND PONDS ASSOCIATED WITH THAT
9 FLOODPLAIN?
10 THE CITY OF LINCOLN COMPREHENSIVE PLAN
11 ALSO PLANS TO -- WHICH IS CURRENTLY BEING REVISED,
12 BUT THE OLD PLAN, YOU KNOW, HAD PLANNED TO BUILD
13 AND MAINTAIN A SERIES OF PARKS AND GREEN SPACE
14 SIMILAR TO WILDERNESS PARK ALONG STEVENS CREEK.
15 THE EAST-MID CORRIDOR, WHICH IS WHERE I
16 LIVE, MOST CLOSELY APPROXIMATES STEVENS CREEK. AND
17 THE RECENTLY RELEASED -- THE RECENTLY RELEASED
18 LINCOLN-LANCASTER COUNTY STEVENS CREEK DEVELOPMENT
19 PLAN REAFFIRMS THEIR DESIRE TO BUILD PARKS AND
20 GREEN SPACE IN CONJUNCTION WITH STEVENS CREEK.
21 SO, ONCE AGAIN, THE QUESTION SHOULD BE
22 RAISED, WHY WOULD LINCOLN PLAN TO BUILD A
23 HIGH-SPEED, LIMITED-ACCESS EXPRESSWAY RIGHT DOWN
24 THE MIDDLE OF THIS PLANNED SYSTEM OF PARKS AND
25 GREEN SPACE PROTECTION AREAS?
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
40
1 THE STEVENS CREEK WATERSHED IS DEFINED
2 ROUGHLY BY A RIDGE THAT RUNS ALONG 84TH STREET ON
3 THE WEST AND A RIDGE THAT RUNS ALONG 148TH STREET
4 ON THE EAST. THIS DEFINES THE WATERSHED. IT IS AN
5 ENGINEERING FACT AND ROAD-BUILDING FACT THAT
6 PRIMARY ROAD CONSTRUCTION IS PREFERRED IN PROXIMITY
7 TO RIDGES AS OPPOSED CUTTING THROUGH FLOODPLAIN
8 BASINS WHERE THEY HAVE AN ALTERNATIVE.
9 THE EAST-MID CORRIDOR ACTUALLY RUNS
10 RIGHT UP THE MIDDLE OF A MAJOR PORTION OF STEVENS
11 CREEK FLOODPLAIN. THE ECONOMIC (SIC) IMPACT STUDY
12 STATES THAT CONSIDERABLE ADDITIONAL COSTS ARE
13 ASSOCIATED WITH THE BUILDING OF MAJOR BRIDGE
14 STRUCTURES AT STEVENS CREEK. AND THAT'S SOURCED IN
15 THE EIS PAGE S.3.
16 THE FAR-EAST CORRIDOR IS VERY PROXIMAL
17 TO THE EASTERN RIDGE THAT DEFINES STEVENS CREEK
18 WATERSHED AND IS, THEREFORE, FROM AN ENGINEERING
19 STANDPOINT, A FAR MORE LOGICAL CHOICE.
20 THE EFFECT ON THE EAST BELTWAYS -- OF
21 ALL THE EAST BELTWAYS ON LINCOLN'S KEY ARTERIAL
22 STREET CONGESTION IS OFTENTIMES MENTIONED AS A
23 REASON FOR UNDERTAKING THIS VERY EXPENSIVE AND
24 MASSIVE PROJECT, BUT THE ACTUAL EFFECT IS GOING TO
25 BE INSIGNIFICANT.
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
41
1 IN THE EIS STUDY, THE ESTIMATED IMPACT
2 ON 27TH STREET NORTH AND SOUTH FROM O TO HIGHWAY 2
3 IS JUST ESTIMATED AT JUST TWO TO THREE PERCENT.
4 THAT WOULD BE A POSITIVE IMPACT OF TWO TO THREE
5 PERCENT ON CURRENT TRAFFIC.
6 ON 56TH STREET, THE ESTIMATED IMPACT IS
7 JUST ONE TO TWO PERCENT, SURPRISING LESS THAN ON
8 27TH. BUT MOST IMPORTANTLY, ON 84TH STREET,
9 RUNNING FROM ADAMS ALL THE WAY DOWN TO OLD CHENEY,
10 THE ESTIMATED IMPACT OF THE EAST BELTWAY IS
11 ESTIMATED AT JUST FIVE TO SIX PERCENT.
12 THE EAST BELTWAY IS NO ANSWER TO THE
13 VERY COMPLICATED AND EXPENSIVE ARTERIAL STREET
14 PROBLEMS THAT LINCOLN ALREADY FACES.
15 THE EAST-MID BELTWAY WAS ORIGINALLY
16 PROPOSED TO CO-LOCATE ALONG A LINCOLN ELECTRIC
17 SYSTEM 345 KILOVOLT OVERHEAD TRANSMISSION LINE IN
18 AN ATTEMPT TO REDUCE THE AMOUNT OF RIGHT-OF-WAY
19 REQUIRED FOR THE BELTWAY AND TO MINIMIZE IMPACT TO
20 ADJACENT LANDOWNERS. HOWEVER, THE REQUIRED MINIMUM
21 DISTANCE BETWEEN THE TRANSMISSION LINE AND THE
22 ROADWAY NECESSARY FOR SAFETY REQUIREMENTS AND
23 MAINTENANCE OF THE UTILITY CORRIDOR HAS RESULTED IN
24 NO REDUCTION OF RIGHT-OF-WAY.
25 THE RESPECTIVE RIGHT-OF-WAYS COMPOUND
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
42
1 THE PROBLEM FOR LANDOWNERS AND RESULT IN JAMMING
2 THE ROADWAY ALONGSIDE THE LINCOLN ELECTRIC SYSTEM
3 CORRIDOR. LES DOES NOT FAVOR THE EAST-MID CORRIDOR
4 DUE TO THESE COMPLICATIONS. AND IN 1999, AND THIS
5 IS A DIRECT QUOTE OUT THE EIS PAGE 2.8, "AFTER
6 CAREFUL COORDINATION BETWEEN THE BELTWAY PROJECT
7 TEAM, PRIVATE LANDOWNERS, PUBLIC INTERESTS, AND
8 OTHER CONSTRAINTS, LES ENGINEERS CONCLUDED THAT IT
9 WOULD BE WISE TO NOT CO-LOCATE A PROPOSED NEW
10 TRANSMISSION ROUTE WITH ANY OF THE ALTERNATIVE
11 BELTWAY ROUTES." THAT'S ON EIS PAGE 2.8.
12 NOW, TRUCK TRAFFIC DIVERSION FROM THE
13 LINCOLN STREETS IS MENTIONED AS A BENEFIT FOR THE
14 EAST BELTWAY. IN 1998 BUD CUCA, WHO WAS THEN
15 PRESIDENT OF THE NEBRASKA TRUCKING ASSOCIATION,
16 STATED REPEATEDLY AT PUBLIC HEARINGS THAT THE EAST
17 BELTWAYS WOULD NOT BE ATTRACTING TRUCK TRAFFIC. IN
18 FACT, IF YOU THINK ABOUT THIS, EAST TO WEST TRUCK
19 TRAFFIC IS CURRENTLY ALREADY TRANSPORTING ON
20 INTERSTATE 80; OR IF IT'S COMING OUT OF THE
21 NEBRASKA CITY OR TO THE NEBRASKA CITY, KANSAS CITY
22 AREA, IT WILL BE CONNECTING TO THE SOUTH BELTWAY.
23 NORTH-SOUTH TRUCK TRAFFIC ON HIGHWAY 7 (SIC) COULD
24 BEST USE THE WEST BYPASS AS THE QUICKEST CONNECT TO
25 INTERSTATE 80, EVEN WHEN CIRCUMVENTING LINCOLN TO
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
43
1 CONTINUE NORTH ON HIGHWAY 77. TRUCKERS ALREADY
2 HAVE OR WILL HAVE BETTER WAYS TO GET AROUND LINCOLN
3 THAN USING THE EAST BELTWAY. SO IT WILL BE A
4 PASSENGER CAR CORRIDOR.
5 THE THREE EAST BELTWAY CORRIDORS ARE ONE
6 MILE APART. WITH THE ANTICIPATED SPEED LIMIT OF 65
7 MILES PER HOUR ON THE BELTWAY CONNECTORS, THAT
8 MAKES THEM 55 SECONDS APART. ON THE MAIN FEEDER
9 ARTERIALS, WITH 45 TO 55 MILES PER HOUR SPEED
10 LIMITS, THEY ARE 65 TO 80 SECONDS APART. THE
11 BELTWAY CORRIDORS ARE DESIGNED TO TRANSPORT
12 VEHICLES ON JOURNEYS OF ONE OR MORE HOURS AWAY TO
13 AND FROM LINCOLN.
14 REPRESENTATIONS THAT SHOW SIGNIFICANT
15 DIFFERENCES IN USAGES BASED ON WHETHER THEY ARE
16 MID, CLOSE OR FAR ARE QUITE RIDICULOUS. WHEN THE
17 BELTWAY IS BUILT, THE ONE- TO TWO-MINUTE FACTOR
18 WILL VANISH IN THIN AIR. THE DETAIL THAT WILL
19 STAND OUT IS WHETHER LINCOLN CITY PLANNERS HAVE THE
20 FORESIGHT TO BUILD AROUND THIS PLANNED DEVELOPMENT
21 RATHER THAN RIGHT THROUGH IT.
22 THE ESTIMATED COST OF THE BUILDING -- OF
23 BUILDING THE BELTWAY IN 1996 DOLLARS IS ESTIMATED
24 AT $128 MILLION FOR THE EAST-FAR CORRIDOR, 147 FOR
25 THE EAST-CLOSE, AND 152 MILLION FOR THE EAST-MID
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
44
1 CORRIDOR, WHICH MAKES IT THE MOST EXPENSIVE
2 CORRIDOR. AND THAT'S SOURCED -- CAN BE SOURCED IN
3 THE EIS PAGE 2.73 AND ON SECTION 2.4.8.
4 THE HIGHER COST FOR THE EAST-MID
5 CORRIDOR IS BECAUSE OF THE ADDITIONAL BRIDGES AND
6 CONSTRUCTION COSTS ASSOCIATED WITH REPEATED
7 CROSSINGS OF STEVENS CREEK AND ITS PRIMARY
8 TRIBUTARIES. THIS $24 MILLION INCREASE IN COST
9 OVER THE EAST-FAR CORRIDOR ALSO DISSECTS THE
10 PLANNED STEVENS CREEK PARK AND GREEN SPACE AREA
11 WITH A FREEWAY, NEGATIVELY IMPACTS A PRIMARY LES
12 HIGH TENSION TRANSMISSION LINE, VIOLATES THE NRD
13 FLOOD CONTROL PLAN FOR STEVENS CREEK, AND LOCATES
14 THE FREEWAY AN ADDITIONAL MILE INSIDE OF LONG-TERM
15 PLANNED RESIDENTIAL AND RETAIL DEVELOPMENT. ALL OF
16 THIS TO SAVE ONE MINUTE IN DRIVING TIME.
17 FINALLY, AS I MENTIONED AT THE
18 BEGINNING, ELECTED -- DULY ELECTED PUBLIC OFFICIALS
19 VOTED UPON THE CORRIDOR AT A MEETING THAT WAS
20 PUBLICLY HELD, RECORDED AND REPORTED ON IN JANUARY
21 OF 1999. MY WIFE AND I WERE AT THAT MEETING, AS
22 WERE MANY PEOPLE FROM ALL THE CORRIDORS. THIS
23 SHOULD COUNT FOR SOMETHING. YOU KNOW, THE FACT
24 THAT THEY SAY, WELL, WE DIDN'T HAVE THE EIS STUDY
25 COMPLETED YET, AND THAT NEGATES THAT WHOLE PROCESS
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
45
1 WHEN THE EIS STUDY, IN FACT, DOES NOT FAVOR ANY OF
2 THE BELTWAYS IS NOT LOGICAL.
3 THE EAST-CLOSE CORRIDOR AND THE EAST-MID
4 CORRIDOR RESIDENTS AT THAT POINT IN JANUARY OF '99
5 MOVED ON WITH THEIR LIVES, WE STARTED BUILDING AND
6 DEVELOPING, STARTED DOING OUR REMODELING. THE
7 EAST-FAR CORRIDOR HAD TO DEAL WITH THE DECISION.
8 THE FACT THAT WE ARE NOW BEING FORCED TO REARGUE
9 THE LOGIC IS TROUBLESOME AND SIMPLY NOT FAIR. THE
10 ORIGINAL ARGUMENTS FOR THE EAST-FAR CORRIDOR WERE
11 SOUND AND ARE NOW SUPPORTED BY THE ADDITIONAL DATA
12 MADE AVAILABLE IN THE EIS.
13 HEARING OFFICER WALKER: IS THAT YOUR
14 TESTIMONY?
15 ED FOY: THAT'S MY TESTIMONY.
16 HEARING OFFICER WALKER: THANK YOU VERY
17 MUCH.
18 (TESTIMONY CONCLUDED AT 9:53 A.M.)
19 (AT 10:00 A.M. ON APRIL 24, 2001, WITH
20 HEARING OFFICER WALKER, WITNESS AL FARMER AND THE
21 COURT REPORTER BEING PRESENT, THE FOLLOWING
22 TESTIMONY WAS GIVEN:)
23 HEARING OFFICER WALKER: WE'RE BACK ON
24 THE RECORD RESUMING THIS HEARING. MY NAME IS
25 DOROTHY WALKER, AND I'M THE HEARING OFFICER, AND I
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
46
1 AM A NEUTRAL PARTY, NOT EMPLOYED BY ANY OF THE
2 PARTIES INVOLVED HERE. AND I AM HERE TO ALLOW YOU
3 TO GIVE ORAL TESTIMONY. YOU'LL HAVE TEN MINUTES TO
4 SPEAK. WE NEED TO KNOW WHETHER YOU ARE SPEAKING
5 FOR YOURSELF OR REPRESENTING A GROUP.
6 AL FARMER: WELL, REALLY BOTH.
7 HEARING OFFICER WALKER: OKAY. WE'LL
8 GET TO THAT. AND WANT YOU ALSO TO KNOW ON THE
9 RECORD THAT YOUR ORAL TESTIMONY WILL BE TAKEN DOWN
10 HERE BY THE COURT REPORTER, AND THEN TRANSCRIBED
11 AND MADE A PART OF THE RECORD.
12 BEFORE WE WERE ON THE RECORD, YOU
13 INDICATED YOU HAD SUBMITTED SOME WRITTEN TESTIMONY.
14 AL FARMER: UH-HUH.
15 HEARING OFFICER WALKER: BOTH WILL HAVE
16 EQUAL WEIGHT AND BOTH WILL BE IN THE RECORD.
17 AL FARMER: OKAY.
18 HEARING OFFICER WALKER: NOW,
19 MR. FARMER, COULD YOU TELL US WHAT -- YOU'RE
20 SPEAKING IN BEHALF OF YOURSELF AND IN BEHALF OF A
21 GROUP.
22 AL FARMER: RIGHT.
23 HEARING OFFICER WALKER: COULD YOU TELL
24 US THE GROUP?
25 AL FARMER: SKY RANCH ACRES.
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
47
1 HEARING OFFICER WALKER: ALL RIGHT. GO
2 AHEAD AND TELL US WHAT YOU'D LIKE THE --
3 AL FARMER: WELL, SKY RANCH ACRES IS AT
4 106TH AND HOLDREGE STREET. AND I LIVE THERE AND
5 HAVE BEEN ACTIVE IN THE NEIGHBORHOOD ASSOCIATION.
6 AND THERE ARE A NUMBER OF US WHO HAVE BEEN TOTALLY
7 OR PARTLY INVOLVED IN THE BELTWAY PROJECT.
8 AND I JUST WOULD LIKE TO STATE THAT I
9 THINK THE CLOSE ROUTE IS A VERY POOR ROUTE TO
10 CHOOSE. I'VE LIVED THERE 27 YEARS, LIVED IN EAST
11 LINCOLN ALL MY LIFE, AND HAVE SEEN 84TH STREET
12 DEVELOP GOING NORTH AND SOUTH, ESPECIALLY FROM
13 O STREET NORTH, AND THE TRAFFIC INCREASE THAT GOES
14 ON THERE.
15 I REMEMBER WHEN IT WAS A GRAVEL STREET
16 AND HOLDREGE WAS GRAVEL ALL THE WAY INTO TOWN. I
17 CAN REMEMBER HOLDREGE GRAVEL ALL THE WAY TO 48TH
18 STREET. AND TO PUT A BELTWAY SO CLOSE TO 84TH
19 STREET, WHICH HAS JUST COMPLETED ITS OWN
20 DEVELOPMENT, I THINK IS RIDICULOUS.
21 BYPASSES THAT I'VE SEEN IN OTHER CITIES
22 ARE WAY OUT. THEY DON'T BUILD A NEW ONE INSIDE OF
23 THE CITY, WHICH LINCOLN IS LOOKING AT POSSIBLY
24 DOING, BECAUSE BY THE TIME IT GOT BUILT, IT WILL BE
25 INSIDE THE CITY LIMITS. AND THAT DOESN'T STAND TO
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
48
1 REASON, IN MY OPINION, ESPECIALLY BEING A MILE AWAY
2 FROM AN EXISTING THOROUGHFARE.
3 AND I CAN'T SPEAK FOR THE RESIDENTS THAT
4 LIVE WITHIN THE BOUNDARIES OF ANY OF THE BELTWAYS.
5 I'M NOT TRYING TO SPEAK FOR THAT. THIS WOULD BE
6 CLOSER TO MY HOUSE THAN I WOULD LIKE IT. I'M
7 ACTUALLY ON 105TH IS WHAT IT WOULD BE. THE FENCE
8 LINE OF 105TH IS MY BACKYARD. AND THEN THERE'S A
9 CREEK, SO IT HAS TO BE OVER THE CREEK, BUT IT'S
10 STILL GOING TO BE, YOU KNOW, WITHIN HEARING RANGE
11 OF THE PRIVACY THAT I HAVE TODAY.
12 SO IN A PERSONAL WAY, AND SPEAKING FOR
13 MY ASSOCIATION, OF WHICH THERE ARE 30 HOUSES, IT
14 WOULD NOT BE DESIRABLE FROM THAT STANDPOINT AS FAR
15 AS THE TAKING AWAY OF THE RURAL SETTING THAT WE'VE
16 HAD FOR ALL THESE YEARS. AND ADDING THE TRAFFIC
17 AND THE NOISE AND THE POLLUTION THAT IT WOULD DO TO
18 OUR NEIGHBORHOOD BECAUSE OF HOW CLOSE IT WOULD BE.
19 AND I JUST BASICALLY DON'T THINK IT'S
20 PRACTICAL TO PUT IT THAT CLOSE, GIVEN THAT THERE
21 ARE TWO OTHER ALTERNATIVE ROUTES, AND MAYBE EVEN
22 MORE THAN THOSE TWO, BUT THAT'S ALL THAT'S BEING
23 CONSIDERED AT THE PRESENT TIME ARE THOSE TWO. AND
24 I THINK A BYPASS OR A BELTWAY SHOULD BE WHAT IT
25 SAYS IT IS AND NOT AN IN-CITY THOROUGHFARE, WHICH
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
49
1 THIS WILL BECOME.
2 THE ROUTINGS AND THE COSTS ARE BASICALLY
3 THE SAME FOR ALL THREE ROUTES. THEY ALL START AT
4 ABOUT THE SAME PLACE, THEY ALL END EXACTLY AT THE
5 SAME PLACE, THEY'RE ALL ABOUT THE SAME MILEAGE,
6 THEY ARE ALL ABOUT THE SAME COST. AND I THINK THAT
7 IF I WERE A TRAVELLING PERSON THAT MY PREFERENCE
8 WOULD BE TO ROUTE THE CITY RATHER THAN IT WOULD BE
9 TO ACTUALLY GO THROUGH IT IN A BELTWAY SITUATION.
10 I'VE GOT FAMILY THAT LIVE IN LAS VEGAS.
11 THEY ARE JUST COMPLETING A BELTWAY AROUND THE SOUTH
12 OF LAS VEGAS AND IT IS MILES FROM WHERE THE CURRENT
13 BUILDING IS TAKING PLACE. EVENTUALLY PERHAPS IT
14 WILL BE IN THERE, BUT IT'S THREE OR FOUR MILES AWAY
15 FROM THE CLOSEST PART OF THE CITY. THEY HAVE
16 REALLY SURROUNDED IT IN THAT DIRECTION BY GOING WAY
17 OUT. YOU GO MILES OUT OF YOUR WAY, IF YOU WANT TO
18 SAY THAT, BUT IT'S FASTER AND SAFER. AND I THINK
19 THAT'S A FACTOR TO CONSIDER, TOO.
20 IT WILL RELIEVE TRAFFIC ON 84TH SOME.
21 IT WILL MAYBE RELIEVE SOME CITY TRAFFIC. I DON'T
22 THINK IT WILL BE NOTICEABLE. AND I THINK THE
23 PEOPLE, INCLUDING THE MAYOR, WHO ARE SUGGESTING
24 THAT THE CLOSE ROUTE IS AN ALTERNATIVE TO MAYBE --
25 HE HASN'T SAID IT IN THOSE WORDS, BUT AN
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
50
1 ALTERNATIVE TO SPENDING MORE MONEY ON CITY STREETS
2 FOR BETTER TRAFFIC MOVEMENT, I THINK THAT'S A BIG
3 MISTAKE. I DON'T THINK IT SHOULD BE THOUGHT OF AS
4 A CHEAP WAY OUT OF THE CITY SPENDING TO DEVELOP THE
5 STREETS IN THE WAY THAT THEY OUGHT TO BE.
6 THEY BUILT PINE LAKE ROAD AS A TWO-LANE
7 ROAD. I DON'T LIVE THERE, BUT IT'S THE MOST
8 RIDICULOUS THING THE CITY DID WAS NOT MAKING IT A
9 FOUR-LANE TO START WITH, GIVEN WHERE IT IS AND THE
10 TRAFFIC IT'S STARTING TO CARRY.
11 THAT'S BASICALLY WHAT I'VE GOT TO SAY.
12 I WOULD PREFER -- I THINK THE MIDDLE ROUTE IS THE
13 ONE I WOULD PREFER. AND I KNOW NOTHING ABOUT WHO
14 LIVES ON EITHER OF THEM. I HAVE NO FAVORITISM ONE
15 WAY OR THE OTHER. IT JUST SEEMS LIKE THE MIDDLE
16 ROUTE, WHICH IS A MILE FURTHER EAST THAN WHERE THE
17 CLOSE ROUTE IS, PERHAPS A MILE AND A HALF, WOULD BE
18 A MORE PRACTICAL ROUTE BOTH NOW AND IN THE
19 LONG-TERM FUTURE.
20 AND I THINK WE OUGHT TO BE LOOKING AT
21 30, 40, 50 YEARS DOWN THE ROAD, NOT JUST TWO OR
22 THREE YEARS OF RELIEVING LINCOLN TRAFFIC PRESSURE
23 IN THE NEAR FUTURE, BECAUSE BY THE TIME THIS GETS
24 BUILT, IT WILL BE INSIDE THE CITY LIMITS.
25 THE MIDDLE ROUTE, BY THE TIME IT WOULD
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
51
1 GET BUILT, PROBABLY WOULD BE YEARS AND YEARS AWAY
2 FROM EVER BEING INSIDE THE CITY LIMITS. THAT'S MY
3 GUESS ANYWAY. I'LL NOT BE AROUND THEN ANYWAY.
4 THAT'S IT. THANK YOU FOR LISTENING.
5 HEARING OFFICER WALKER: WELL, THANK YOU
6 VERY MUCH FOR COMING.
7 (TESTIMONY CONCLUDED AT 10:05 A.M.)
8 (AT 10:27 A.M. ON APRIL 24, 2001, WITH
9 HEARING OFFICER WALKER, WITNESS SUSAN VOSS AND THE
10 COURT REPORTER BEING PRESENT, THE FOLLOWING
11 TESTIMONY WAS GIVEN:)
12 HEARING OFFICER WALKER: WE'RE BACK ON
13 RECORD FOR OUR HEARINGS. AND WE HAVE TWO
14 INDIVIDUALS PREPARING TO TESTIFY. AND WE WILL HAVE
15 YOUR TESTIMONY ONE AT A TIME.
16 LET ME ADVISE YOU MY NAME IS DOROTHY
17 WALKER. I AM A NEUTRAL PARTY. MY JOB HERE IS TO
18 MAKE SURE YOU HAVE AN OPPORTUNITY TO BE HEARD.
19 EACH OF YOU WILL HAVE TEN MINUTES TO GIVE YOUR
20 TESTIMONY.
21 IF YOU HAVE ADDITIONAL WRITTEN
22 TESTIMONY, AND AS I BELIEVE YOU ADVISED US BEFORE
23 WE WENT ON THE RECORD, YOU HAVE SOME PHOTOGRAPHS
24 YOU WANT INCLUDED, WE WILL MAKE SURE THAT THAT GETS
25 INCLUDED IN THE RECORD.
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
52
1 YOUR ORAL TESTIMONY WILL BE TRANSCRIBED
2 AND IT WILL HAVE EQUAL WEIGHT WITH ANY WRITTEN
3 TESTIMONY, AND ALL WILL BE FORWARDED ON TO THE
4 DECISION-MAKERS.
5 I BELIEVE THEN, IF YOU'LL TELL US FOR
6 THE RECORD YOUR FULL NAME AND YOUR ADDRESS, THEN
7 YOU CAN BEGIN YOUR TESTIMONY.
8 SUSAN VOSS: OKAY. MY NAME IS SUSAN
9 KAY, K-A-Y, VOSS. OUR MAILING ADDRESS IS 10300
10 HOLDREGE. DO YOU NEED THE ZIP OR ANYTHING?
11 HEARING OFFICER WALKER: BEFORE YOU
12 BEGIN, THERE WAS ONE THING I DID FORGET, AND THAT
13 IS, ARE YOU HERE REPRESENTING YOUR INDIVIDUAL SELF
14 OR ARE YOU HERE REPRESENTING A GROUP IN ADDITION TO
15 YOURSELF?
16 SUSAN VOSS: INDIVIDUAL AT THIS TIME.
17 I GUESS I AM A HOMEOWNER THAT WOULD BE
18 AFFECTED BY THE SELECTION OF EAST-CLOSE BELTWAY.
19 AND IT'S REFERRED TO AS EC BELTWAY, SO THAT'S
20 PROBABLY HOW I'LL REFER TO IT AS. AND OUR HOME IS
21 LOCATED AT 10300 HOLDREGE, WHICH WOULD BE RIGHT IN
22 THE PATH OF THE BELTWAY. THERE WOULD BE A
23 HIGH-SPEED, FOUR-LANE ROAD RUNNING BETWEEN OUR HOME
24 AND OUR NEIGHBOR'S HOME. AND OUR NEIGHBORS ARE TOM
25 AND SHIRLEY JAMES AT 10200 HOLDREGE -- 400, EXCUSE
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
53
1 ME.
2 I GUESS MY BIGGEST CONCERN IS THE
3 ORIGINAL VOTE TO REMOVE THE EAST-CLOSE BELTWAY WAS
4 IN 1988. AND WE WERE COMPLETELY REMOVED FROM
5 CONSIDERATION AND NOW WE ARE BACK IN CONSIDERATION.
6 AND I FEEL OFFENDED THAT THAT HAS HAPPENED. WHEN
7 YOU'RE TAKEN OFF SOMETHING, I DON'T THINK THEY CAN
8 RESURRECT YOU AND BRING IT BACK AGAIN. I GUESS
9 THAT'S MY BIGGEST BONE OF CONTENTION THAT I HAVE.
10 PLUS, WITH THE NEW MAPS, THERE WOULD BE
11 A FOUR-LANE HIGHWAY RUNNING IN MY LAWN. I DON'T
12 THINK I WOULD APPRECIATE THAT EITHER. I'M VERY
13 CONCERNED ABOUT THE RESALE OF OUR PROPERTY. AND IT
14 WOULD DEPRECIATE IMMENSELY.
15 WE'VE WORKED HARD FOR OUR PROPERTY, AND
16 NOW THEY'RE GOING TO SAY THAT WE WERE OUT OF
17 CONSIDERATION ONCE. THEY'RE PUTTING US BACK IN
18 AGAIN. I JUST DON'T UNDERSTAND THE THINKING THAT
19 THEY HAVE.
20 OTHER ISSUES THAT I'M CONCERNED ABOUT,
21 THE POPULATION GROWTH OF THE EAST-CLOSE BELTWAY WAS
22 ASSUMED AT 1.18 PERCENT, BUT NOW THE POPULATION
23 GROWTH IS 1.6 PERCENT, WHICH IS A CONSIDERABLE
24 INCREASE IN THE TOTAL POPULATION THERE.
25 I'M VERY CONCERNED ABOUT THE POPULATION
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
54
1 NUMBERS WITH SO MANY PEOPLE IN THAT VICINITY, PLUS
2 THE BELTWAY RUNNING THROUGH IT. I DON'T THINK THAT
3 THAT'S GOING TO BE VERY VIABLE.
4 STEVENS CREEK WATERSHED IS SURROUNDING
5 US AND IT WILL SOON BE URBANIZED. I DON'T BELIEVE
6 THAT WAS TAKEN INTO CONSIDERATION WITH THE ORIGINAL
7 STUDY. I DON'T EVEN KNOW FOR SURE IF THEY HAVE AN
8 IDEA OF THE POPULATION GROWTH THAT WOULD INCREASE
9 FOR THE NEXT FEW YEARS.
10 I ALSO FEEL THERE'S NO CONSIDERATION FOR
11 ANY RECREATIONAL IMPACT THAT THE BELTWAY WOULD HAVE
12 IF THEY CHOSE THE EAST-CLOSE. I KNOW NRD HAS PLANS
13 FOR DAMS AND PONDS JUST TO THE SOUTH OF OUR
14 PROPERTY. AND SO I DON'T THINK THAT THAT HAS BEEN
15 CONSIDERED AT ALL. AND I KNOW THEY'RE VERY EXITED
16 ABOUT MOVING ON WITH THEIR PROJECTS ALSO.
17 THE OTHER THING THAT I WOULD BE
18 CONSIDERED ABOUT IS AIR QUALITY. WHEN YOU'VE GOT
19 CARS WITHIN PROBABLY 30 FEET OF YOUR HOME, WHAT'S
20 THE AIR QUALITY GOING TO BE LIKE FOR MY FAMILY?
21 NOISE WOULD ALSO BE AFFECTED. I DON'T
22 KNOW HOW YOU COULD EVEN CONSIDER THE NOISE LEVEL
23 WITH THE VOLUME OF TRAFFIC THAT WOULD BE CARRIED
24 BOTH ON HOLDREGE AND THE BELTWAY.
25 THE OTHER PROBLEM THAT I HAVE IS JUST
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
55
1 THE VISUAL IMPACT THAT IT WOULD HAVE ON OUR ACREAGE
2 AND ON OUR HOME. I JUST DON'T THINK THAT ANYBODY
3 WOULD BE VERY PLEASED WITH HAVING A BELTWAY RUN
4 THROUGH THEIR PROPERTY WHEN YOU'VE LIVED THERE AS
5 LONG AS WE HAVE AND NOW ALL OF A SUDDEN THEY'RE
6 GOING TO BE RUNNING DIRECTLY TO THE EAST OF OUR
7 BEDROOM WINDOW. I'M NOT VERY PLEASED AT ALL.
8 IN SUMMARY, I DO NOT SEE HOW YOU CAN
9 HAVE A VOTE TAKEN IN 1998, HAVE THE EAST-CLOSE
10 BELTWAY TAKEN OUT OF CONSIDERATION AND THEN TURN
11 AROUND AND PUT IT BACK INTO CONSIDERATION AGAIN.
12 WE BEGAN TO PREPARE A HOME FOR OUR
13 FUTURE RETIREMENT. OUR PLANS HAVE BEEN CHANGED AND
14 OUR PROJECTS HAVE BEEN PUT ON HOLD. AND I JUST
15 DON'T THINK THAT THAT'S A VERY FEASIBLE THING. AND
16 I KNOW WE WOULD NEVER BE FAIRLY COMPENSATED FOR OUR
17 LOSS.
18 HEARING OFFICER WALKER: YOU MENTIONED
19 SOMETHING ABOUT THE LENGTH OF TIME THAT YOU HAVE
20 LIVED THERE, BUT I DON'T THINK YOU PUT IN THE
21 RECORD THE AMOUNT OF TIME. I'M WONDERING --
22 SUSAN VOSS: 1987 WE MOVED INTO OUR
23 HOUSE, SPRING OF '87. SO THAT'S 14 YEARS.
24 HEARING OFFICER WALKER: THEN PREVIOUS
25 TO THE HEARING YOU TALKED ABOUT SOME PHOTOGRAPHS
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
56
1 YOU HAD. DO YOU WANT TO MAKE MENTION OF THOSE
2 PHOTOGRAPHS AND HOW YOU'RE GOING TO SUBMIT THEM FOR
3 THE RECORD?
4 SUSAN VOSS: YES. I HAVE EIGHT
5 PHOTOGRAPHS JUST OF THE LAND THAT WOULD BE TAKEN UP
6 BY THE BELTWAY. AND I'LL EVEN PUT LINES IN THE
7 PHOTOS TO SHOW HOW CLOSE WE WOULD ASSUME THE
8 BELTWAY WOULD BE TO OUR HOME. AND THOSE WILL BE
9 SUBMITTED ALONG WITH WRITTEN TESTIMONY.
10 HEARING OFFICER WALKER: THANK YOU VERY
11 MUCH.
12 (TESTIMONY CONCLUDED AT 10:34 A.M.)
13 (AT 10:34 A.M. ON APRIL 24, 2001, WITH
14 HEARING OFFICER WALKER, WITNESS GARY VOSS AND THE
15 COURT REPORTER BEING PRESENT, THE FOLLOWING
16 TESTIMONY WAS GIVEN:)
17 HEARING OFFICER WALKER: WE'VE BEEN ON
18 THE RECORD AND I'VE EXPLAINED -- IS IT VOSS?
19 GARY VOSS: YES.
20 HEARING OFFICER WALKER: MR. VOSS, I'VE
21 EXPLAINED TO YOUR WIFE, MRS. VOSS, AND TO YOU WHILE
22 YOU WERE HERE THE SITUATION AND THAT YOU HAVE TEN
23 MINUTES TO GIVE YOUR TESTIMONY.
24 WITH THAT THEN, WOULD YOU GO AHEAD AND
25 TELL US YOUR NAME AND GIVE US YOUR ADDRESS SO WE
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
57
1 HAVE IT ON THE RECORD.
2 GARY VOSS: GARY L. VOSS, RESIDING AT
3 10300 HOLDREGE. I'M GOING TO BREAK MY TESTIMONY
4 DOWN INTO THREE PARTS, ONE BEING KIND OF PERSONAL,
5 ANOTHER ONE THEN BECOMES THE GLOBAL OR LOCAL.
6 FIRST OF ALL, AGAIN, THIS BELTWAY
7 LOCATION IS TO BE BETWEEN 10300 AND 10400 HOLDREGE
8 STREET. THAT CUTS THROUGH OUR FIVE-ACRE ZONED LOT
9 AND MAKES IT USELESS FOR US AS A HORSE PASTURE,
10 ABSOLUTELY USELESS.
11 IT CUTS THROUGH TWO SEPTIC SYSTEMS,
12 WHICH ARE OURS AND OUR NEIGHBOR'S SYSTEMS. AND
13 CURRENTLY IN THE COUNTY OF LANCASTER, 66 PERCENT OF
14 THE COUNTY REQUIRES LAGOONS. WE HAVE A SEPTIC
15 SYSTEM THAT IS GROUND -- IT PASSES A PERC TEST.
16 I HAVE A REAL IMPACT ON THE WATER
17 QUALITY. WHEN WE PURCHASED THE PROPERTY, THE UNL
18 TEAM THAT STUDIES WELLS SAID OUR WATER IS AS GOOD A
19 VEIN OF WATER THERE AS THERE IS IN THE COUNTY. IF
20 YOU GO EAST AT 112TH STREET, THE WATER IS CONSIDER
21 TO BE POOR. I HAVE ASKED ABOUT THAT. WILL A
22 BYPASS GOING THROUGH OUR PROPERTY AFFECT OUR WATER
23 TABLE? VERY GOOD CHANCE IT WOULD AFFECT THE WATER
24 TABLE.
25 IT'S GOING TO IMPACT THE SURROUNDING
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
58
1 ACREAGE AND DRAINAGE BECAUSE CURRENTLY OUR PROPERTY
2 SITS IN A SMALL VALLEY. SO RIGHT WHERE THIS
3 BELTWAY WOULD RUN IS THE DRAINAGE FOR THE HILL, THE
4 ACRES SURROUNDING US AND BEHIND US. SO IT COMES
5 RIGHT -- JUST RIGHT WHERE THE BELTWAY WILL BE WILL
6 BE RIGHT IN THE DRAINAGE PATH.
7 I'M CONCERNED ABOUT HOW THEY'RE GOING TO
8 DO THIS TO HANDLE THAT DRAINAGE, BECAUSE CURRENTLY
9 UNDERNEATH HOLDREGE STREET IS A TUBE RIGHT WHERE
10 THIS BELTWAY WILL BE, THE DRAIN IS.
11 I'M CONCERNED ABOUT HOW THEY'RE GOING TO
12 BRING THIS BELTWAY UP TO A FILL, UP TO GRADE, SO
13 THEY CAN PASS OVER THE CURRENT EXISTING HOLDREGE
14 STREET. AND EVEN IF THEY CUT OUT HOLDREGE STREET,
15 THEY'RE GOING TO HAVE TO CREATE A RAMP TO GET OVER
16 THE BELTWAY.
17 THAT ALSO CREATES A REAL PROBLEM FOR US
18 BECAUSE WE HAVE NO -- THERE WILL BE NO
19 ACCESSIBILITY FOR US ONTO HOLDREGE STREET WITHOUT A
20 RAMP. AND WE WILL HAVE TO PURSUE OTHER PROPERTY TO
21 GET ONTO HOLDREGE STREET.
22 TREES THAT WE HAVE PLANTED CANNOT BE
23 REPLANTED TO CREATE A NOISE BARRIER. AND THAT WAS
24 FROM THE LOCAL UNIVERSITY FORRESTER TEAM. NOT WITH
25 A BELTWAY THAT CLOSE TO OUR PROPERTY. PERSONALLY,
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
59
1 THERE WILL BE JUST A NOISE, NOISE, NOISE PROBLEM.
2 SECOND PART OF MY TESTIMONY IS THE LACK
3 OF THE CORPORATION WITH THE NRD. WHEN WE HAVE
4 CALLED THE NRD, THEIR STATEMENT IS, WE'RE TIRED OF
5 WAITING ON THEM. SO IT TELLS US THE TWO PARTIES
6 ARE NOT TALKING.
7 WHEN WE WENT TO THE BELTWAY HEARING AT
8 LANCASTER COUNTY CIVIC CENTER, PEOPLE THERE WERE
9 TELLING US HOW THIS ROAD CAN MEANDER. IT CAN
10 MEANDER OVER OR NEAR AN NRD TEN-ACRE LOT THAT WAS
11 PROPOSED DIRECTLY SOUTH OF US. THEY'RE GOING TO
12 MAKE THIS BELTWAY RUN AROUND A TEN-ACRE LAKE, OVER
13 IT, AROUND IT? IT DOESN'T EVEN SHOW IN THE PLANS.
14 THERE ARE 157 VERSUS 68 OR 92 HOMES THAT
15 ARE WITHIN A QUARTER OF A MILE OF THIS BELTWAY. WE
16 ARE IN THE 157. SO WE ARE DIRECTLY GREATLY
17 AFFECTED.
18 STEVENS CREEK IS DIRECTLY SOUTH OF US.
19 HAS THIS STUDY FULLY CONSIDERED STEVENS CREEK AND
20 THE IMPACT OF STEVENS CREEK TO THE BELTWAY? IT HAS
21 ALSO MISSED THE 160 ACRES HISTORICAL SITE AT 112TH
22 AND HOLDREGE. IT HAS MISSED THE DRAINAGE POND
23 NORTH OF OUR PROPERTY NEAR LEIGHTON STREET.
24 THERE IS NO MENTION OF THE GRAVES OR THE
25 SETTLEMENT AT THE SECTION MARKER 13107. OUR
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
60
1 NEIGHBOR FOUND THIS OUT IN THE PASTURE. I'D LIKE
2 TO IDENTIFY THAT AS TESTIMONY. THAT DOES NOT SHOW
3 UP IN THE REPORT. THE COST IS --
4 HEARING OFFICER WALKER: DO YOU -- IF I
5 MIGHT JUST INTERRUPT YOU A MOMENT, MR. VOSS, DO YOU
6 WANT THIS ARTICLE AND THIS MADE A PART OF THE
7 RECORD?
8 TOM TOMES: YES.
9 HEARING OFFICER WALKER: LET ME IDENTIFY
10 WHAT IS BEING SUBMITTED IN CONJUNCTION WITH
11 MR. VOSS'S TESTIMONY IS AN ARTICLE FROM, I'M
12 ASSUMING, THE LINCOLN JOURNAL DATED SUNDAY,
13 SEPTEMBER 21, 1930, ENTITLED, "TAVERN BUILT ON
14 STEVENS CREEK 65 YEARS AGO STILL STANDS; NEW LIGHT
15 ON THE FIRST WHITE CHILD BORN IN LANCASTER COUNTY."
16 AND IN ADDITION TO THAT ARTICLE IS A PHOTOCOPY OF
17 THE TEACHMAN (PHONETIC) GRAVEYARD. ARE THOSE THE
18 TWO DOCUMENTS YOU WANT INCLUDED WITH YOUR
19 TESTIMONY?
20 GARY VOSS: YES, PLEASE.
21 HEARING OFFICER WALKER: IS THAT
22 SUFFICIENT IDENTIFICATION?
23 THE COURT REPORTER: YES.
24 HEARING OFFICER WALKER: DID YOU NEED
25 THEM FOR YOUR TESTIMONY?
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
61
1 GARY VOSS: I WOULD LIKE TO MAKE COPIES
2 IF I COULD.
3 HEARING OFFICER WALKER: DO WE HAVE
4 ACCESS TO COPIES?
5 (OFF-THE-RECORD DISCUSSION.)
6 GARY VOSS: THIRDLY, I THINK THE
7 ENVIRONMENTAL IMPACT STUDY IS JUST NOT ACCURATE.
8 AGAIN, AS MY WIFE HAS SAID, IT'S FLAWED. THE
9 GROWTH PROJECTIONS OF STEVENS CREEK -- OR PARDON
10 ME, THE GROWTH PROJECTIONS OF 1.18 VERSUS THE
11 ACTUAL OF 1.6. THE BOS II DOES NOT MENTION STEVENS
12 CREEK URBANIZATION PLAN, WHILE IT -- CURRENTLY
13 STEVENS CREEK IS NOW BEING DEBATED WITHIN THE CITY.
14 EAST-CLOSE-1 DOESN'T LOOK AT THE FUTURE. IT
15 APPEARS TO BE A 70TH STREET AND 84TH STREET QUICK
16 FIX.
17 IN CLOSING, I THINK NOISE IS MY BIGGEST
18 CONCERN. OUR PROPERTY VALUATIONS FOR RESALE OR
19 REUSE IS RENDERED USELESS TO US. IT WILL HAVE A
20 GREAT VISUAL IMPACT TO US. ACCESSIBILITY TO
21 HOLDREGE STREET AS WE KNOW IT WILL NOT BE THERE.
22 OUR WATER, THE VEIN OF WATER WE HAVE, THE WATER
23 DRAINAGE, THE RUNOFF WATER IS ANOTHER CONCERN OF
24 OURS.
25 MY SOLUTION TO THIS WHOLE MESS IS TO PUT
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
62
1 THE BYPASS AT THE COUNTY LINE. THEY JUST BUILT NEW
2 WEIGH SCALES AT THE COUNTY LINE. THEY CAN RUN THE
3 TRUCKS RIGHT UP TO THE WEIGH SCALES AND SOLVE TWO
4 BIRDS.
5 LASTLY, ON TABLE 4.1 OF THE SUMMARY OF
6 THE BELTWAY BENEFITS AND IMPACTS, EAST-CLOSE
7 ECONOMICALLY, VISUALLY, CONSTRUCTION COSTS,
8 RIGHT-OF-WAYS, RAILROAD CROSSINGS, IT DOESN'T MAKE
9 SENSE TO PUT IT AT EAST-CLOSE. THANK YOU.
10 HEARING OFFICER WALKER: THANK YOU VERY
11 MUCH FOR YOUR TESTIMONY. WE'LL GO OFF THE RECORD.
12 (TESTIMONY CONCLUDED AT 10:42 A.M.)
13 (AT 10:45 A.M. ON APRIL 24, 2001, WITH
14 HEARING OFFICER WALKER, WITNESS BILL ZARNICK AND
15 THE COURT REPORTER BEING PRESENT, THE FOLLOWING
16 TESTIMONY WAS GIVEN:)
17 HEARING OFFICER WALKER: WE'RE BACK ON
18 THE RECORD RESUMING THE HEARINGS. MY NAME IS
19 DOROTHY WALKER, AND I AM A HEARING OFFICER FOR THIS
20 STUDY. AND I AM NOT CONNECTED TO THE STUDY. I'M
21 AN INDEPENDENT, NEUTRAL INDIVIDUAL. AND MY PURPOSE
22 HERE IS TO ALLOW YOU TO PRESENT YOUR TESTIMONY TO A
23 NEUTRAL PARTY.
24 YOUR TESTIMONY WILL BE TRANSCRIBED AND
25 MADE PART OF THE RECORD THAT WILL BE SUBMITTED TO
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
63
1 THE DECISION-MAKERS. YOU ALSO ARE ENTITLED TO
2 SUBMIT WRITTEN TESTIMONY. AND YOU DO HAVE UNTIL
3 MAY 14 TO DO THAT. THERE ARE FORMS AT THE FRONT
4 DESK FOR YOUR USE.
5 YOU'LL HAVE TEN MINUTES TO GIVE YOUR
6 TESTIMONY. AND I WOULD ASK YOU WHETHER YOU ARE
7 HERE REPRESENTING YOURSELF AND/OR A GROUP OF
8 INDIVIDUALS.
9 BILL ZARNICK: OKAY.
10 HEARING OFFICER WALKER: WOULD YOU TELL
11 US?
12 BILL ZARNICK: RIGHT NOW I'M
13 REPRESENTING MYSELF AND OUR NEIGHBORS.
14 HEARING OFFICER WALKER: SO YOU'RE
15 SPEAKING FOR A NEIGHBORHOOD, NOT A FORMAL --
16 NECESSARY FORMAL NEIGHBORHOOD ASSOCIATION?
17 BILL ZARNICK: RIGHT, CORRECT.
18 HEARING OFFICER WALKER: THEN WHAT WE
19 NEED YOU TO DO IS TELL US YOUR NAME AND GIVE US
20 YOUR ADDRESS, THEN YOU CAN TELL US YOUR TESTIMONY.
21 BILL ZARNICK: NAME IS BILL ZARNICK,
22 Z-A-R-N-I-C-K. THE ADDRESS IS 12801 YANKEE HILL
23 ROAD.
24 HEARING OFFICER WALKER: THAT'S LINCOLN,
25 NEBRASKA?
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
64
1 BILL ZARNICK: THAT'S BENNETT
2 TECHNICALLY. MIDDLE CORRIDOR.
3 I WANTED JUST TO STATE THAT A LITTLE
4 OVER TWO YEARS AGO WE PURCHASED OUR PROPERTY WHERE
5 WE ARE CURRENTLY, ON 128TH AND YANKEE HILL ROAD,
6 AND ONE OF THE FACTORS INFLUENCING OUR DECISION
7 WAS, ABOUT THAT TIME, CITY COUNCIL HAD VOTED ON
8 A -- ONE OF THE CORRIDORS FOR THE BYPASS. WE WERE
9 AWARE OF THE POSSIBILITY OF IT GOING IN. AND PRIOR
10 TO PURCHASING THE PROPERTY, THE CITY COUNCIL HAD
11 VOTED IN FAVOR OF THE FAR BELTWAY.
12 THE WAY WE UNDERSTAND IT, AFTER
13 SUBMITTING THAT TO THE FEDERAL HIGHWAY COMMISSION,
14 FEDERAL HIGHWAY COMMISSION WANTED ADDITIONAL
15 ENVIRONMENTAL AND HISTORICAL STUDIES DONE. AND
16 WHAT THAT DID WAS OPENED UP THE SELECTION OF THE
17 BELTWAY ALL OVER AGAIN.
18 WE WOULD NOT HAVE PURCHASED THE PROPERTY
19 IF THE BELTWAY HAD BEEN GOING THROUGH THAT AREA.
20 SINCE IT'S -- THE CURRENT LOCATION IS APPROXIMATELY
21 600, 700 FEET FROM OUR RESIDENCE AND WHICH,
22 ACCORDING TO THE STUDY, SAYS IS NOT GOING TO BE
23 IMPACTED BY IT BECAUSE WE'RE OUTSIDE OF THE LITTLE
24 CORRIDOR, REGARDING THAT IMPACT, IF THE -- IF YOU
25 CAN HEAR IT AND YOU CAN SEE IT, IT'S AN IMPACT,
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
65
1 BECAUSE CURRENTLY WE LOOK AT RESTORED NATIVE
2 PRAIRIE. AND IF THIS IS BUILT, WE'RE GOING TO BE
3 LOOKING AT A FOUR-WAY HIGHWAY AND WE'RE GOING TO BE
4 HEARING IT.
5 WE'RE CURRENTLY ABOUT THREE-QUARTERS OF
6 A MILE FROM HIGHWAY 2. AND IF THE WIND BLOWS THE
7 RIGHT WAY, YOU CAN HEAR IT, MUCH TO OUR SURPRISE,
8 AND IT'S NOT WHAT YOU WANT TO HEAR. WITH THIS
9 BEING MUCH, MUCH CLOSER, IT WILL HAVE AN IMPACT,
10 WHETHER OR NOT WE'RE INCLUDED IN THAT IMPACT OR
11 NOT.
12 ASIDE FROM US PURCHASING THE PROPERTY,
13 YOU KNOW, ASSUMING THAT IT WAS GOING TO BE BUILT ON
14 THE OUTSIDE BELTWAY, THE -- OUR NEIGHBORS ALSO,
15 WHICH HAD PURCHASED THE PROPERTY TEN YEARS AGO, HAD
16 DECIDED TO FINALLY BUILD. AND THEY JUST FINISHED
17 THEIR HOME HERE AND MOVED IN IN OCTOBER. NOW TO
18 FIND OUT THAT THE BELTWAY CORRIDOR WOULD BE ABOUT
19 15, 20 FEET FROM THEIR HOUSE, WHICH WOULD END UP
20 RESULTING IN A WALL, A SOUND BARRIER BEING PUT UP,
21 BUT THEIR HOME IS CONSIDERED THAT THEY WON'T TAKE
22 IT OUT, EVEN THOUGH IT'S SO CLOSE, WHICH IS
23 RIDICULOUS.
24 YOU KNOW, THEY NEED TO WIDEN THE IMPACT
25 CORRIDOR. LIMITING IT TO THE SIZE IT IS IS -- IT'S
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
66
1 MUCH TOO NARROW AND THE RESIDENTS NEED TO BE
2 COMPENSATED FOR THAT.
3 IT'S -- THE VALUE OF MY PROPERTY, IN MY
4 OPINION, WILL DECREASE SUBSTANTIALLY, ALTHOUGH IT
5 HAS BEEN POINTED OUT THAT MAYBE SOMEBODY WANTS TO
6 LOOK AND LISTEN TO, YOU KNOW, A FOUR-LANE HIGHWAY
7 SEVERAL HUNDRED FEET FROM THEIR HOME. AND THAT'S
8 FINE, BUT WE ALSO OPERATE A BUSINESS OUT OF THAT
9 AND WE HAVE RELOCATION COSTS BECAUSE THAT'S NOT
10 WHAT I WANT TO VIEW.
11 THE OTHER THING THAT I UNDERSTAND FROM
12 THE PREVIOUS MEETING IS THAT FROM AN ENVIRONMENTAL
13 AND HISTORICAL STANDPOINT, EVEN THOUGH NEW THINGS
14 WERE DISCOVERED IN THE LAST TWO YEARS, BOTTOM LINE
15 IS, ACCORDING TO SOME OF THE ENGINEERS FROM HWS WE
16 SPOKE TO, THAT REALLY NOTHING SIGNIFICANTLY HAS
17 CHANGED TO ALTER DECISION BETWEEN ANY OF THE THREE
18 CORRIDORS. THE ONLY PROBLEM IS THAT THE MEMBERSHIP
19 OF THE CITY COUNCIL IS IN THE PROCESS OF CHANGING,
20 SO THERE'S THE POSSIBILITY OF A DIFFERENT VOTE.
21 AND IT'S NOT REALLY RIGHT.
22 THE CITY COUNCIL SHOULD VOTE THE SAME
23 WAY BECAUSE PEOPLE LIVING ALONG THE NEAR AND THE
24 MIDDLE CORRIDOR HAD ASSUMED THAT IT WAS GOING TO GO
25 TO THE OUTSIDE AND THEY MOVED ON WITH FINANCIAL
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
67
1 DECISIONS. PEOPLE ON THE OUTSIDE CORRIDOR HAVE HAD
2 TWO YEARS TO, I WANT TO SAY, GET OVER IT, BUT THEY
3 ARE AWARE THAT THEY WERE THE PRIME CHOICE. AND I
4 UNDERSTAND THEM NOT WANTING IT OUT THERE, BUT TO
5 SIT THERE AND CHANGE IT AGAIN AND INFLICT IT ON THE
6 NEAR -- OR PEOPLE LIVING NEAR THE NEAR OR MIDDLE
7 CORRIDOR, IT JUST ISN'T RIGHT.
8 A LOT OF PEOPLE HAVE GONE ON ASSUMING
9 THAT IT WAS GOING TO BE TO THE OUTSIDE, AND NOW
10 WE'RE LEFT DANGLING WITH THE POSSIBILITY OF IT
11 BEING BACK IN THE MIDDLE OR IN THE NEAR. THAT'S
12 REALLY ALL I HAVE TO SAY.
13 HEARING OFFICER WALKER: THANK YOU. I'M
14 WONDERING, YOU MENTIONED YOUR NEIGHBOR. DID YOU
15 WANT, FOR CLARIFICATION OF THE RECORD, TO IDENTIFY
16 YOUR NEIGHBOR BY NAME AND/OR ADDRESS?
17 BILL ZARNICK: OH, I CAN DO THAT. HIS
18 NAME IS -- WELL, RICK EVANS AND HEIDI WILSON. AND
19 I BELIEVE THEIR ADDRESS IS 12601 YANKEE HILL ROAD.
20 (TESTIMONY CONCLUDED AT 10:51 A.M.)
21 (AT 10:52 A.M. ON APRIL 24, 2001, WITH
22 HEARING OFFICER WALKER, WITNESS BRUCE BOHRER AND
23 THE COURT REPORTER BEING PRESENT, THE FOLLOWING
24 TESTIMONY WAS GIVEN:)
25 HEARING OFFICER WALKER: WE'RE BACK ON
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
68
1 THE RECORD TO TAKE TESTIMONY. MY NAME IS DOROTHY
2 WALKER. I AM A NEUTRAL, INDEPENDENT HEARING
3 OFFICER HERE PRIMARILY TO MAKE SURE THAT YOU HAVE
4 THE OPPORTUNITY TO GIVE TESTIMONY OF YOUR POSITION
5 WITH RESPECT TO THE ENVIRONMENTAL IMPACT STATEMENT.
6 AND YOU WILL BE ALLOWED TEN MINUTES TO GIVE THAT
7 TESTIMONY.
8 YOU ARE ALSO ALLOWED, IF YOU WANT TO, TO
9 SUPPLEMENT YOUR TESTIMONY WITH WRITTEN TESTIMONY.
10 AND YOU HAVE UNTIL MAY -- IS IT THE 14TH OR 15TH --
11 MAY 14, 2001 TO DO THAT. THERE ARE FORMS AT THE
12 DESK AS YOU LEAVE THAT WILL GIVE YOU THE ADDRESS TO
13 WHOM TO SUBMIT THAT TESTIMONY.
14 BRUCE BOHRER: ALL RIGHT.
15 HEARING OFFICER WALKER: AND BEFORE WE
16 WENT ON THE RECORD, I BELIEVE YOU INDICATED THAT
17 YOU ARE REPRESENTING AN ORGANIZATION. SO WHAT I
18 WOULD ASK YOU TO DO IS STATE YOUR NAME AND YOUR
19 BUSINESS ADDRESS AND THE ORGANIZATION THAT YOU ARE
20 REPRESENTING, AND THEN GIVE YOUR TESTIMONY.
21 BRUCE BOHRER: ALL RIGHT. VERY GOOD.
22 THANK YOU, DOROTHY. FOR THE RECORD, MY NAME IS
23 BRUCE BOHRER, SPELLED B-O-H-R-E-R. I AM
24 REPRESENTING THE LINCOLN CHAMBER OF COMMERCE. THE
25 ADDRESS FOR LINCOLN CHAMBER IS 1135 M STREET
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATES (402) 475-3376
69
1 LINCOLN, NEBRASKA, 68508. AND I WILL JUST -- THE
2 MAIN THING I'M GOING TO DO TODAY IS READ A
3 RESOLUTION THAT OUR BOARD PASSED ON APRIL 12 THAT
4 IS IN SUPPORT OF BOTH THE SOUTH AND THE EAST
5 BELTWAYS.
6 THE BOARD OF DIRECTORS OF THE LINCOLN
7 CHAMBER OF COMMERCE WOULD LIKE TO REITERATE AND
8 REAFFIRM ITS SUPPORT FOR BOTH THE SOUTH AND EAST
9 BELTWAY PROJECTS. THE BOARD IN THE INTEREST OF
10 EXPEDITED PLANNING AND CONSTRUCTION OF THE SOUTH
11 BELTWAY SUPPORTS SEPARATING THE BELTWAYS IN THEIR
12 DESIGN, DEVELOPMENT AND CONSTRUCTION. I'M NOT SURE
13 IF THAT'S PERTINENT TO THE DRAFT ENVIRONMENTAL
14 IMPACT STATEMENT, BUT THIS IS PART OF THE
15 RESOLUTION.
16 THE BOARD SUPPORTS AS WELL THE EXPEDITED
17 CONSIDERATION AND APPROVAL OF NECESSARY COMP PLAN
18 AMENDMENTS AND URGES AND SUPPORTS EFFORTS BY
19 ELECTED OFFICIALS TO MAKE DECISIONS NECESSARY TO
20 EFFECTUATE THE SELECTION OF AN EAST BELTWAY
21 CORRIDOR AS BEING IN THE BEST INTEREST OF PLANNED
22 CONTIGUOUS GROWTH FOR LINCOLN.
23 I WOULD JUST ALSO KIND OF SUPPLEMENT
24 THAT RESOLUTION -- THIS IS MY COMMENTS NOW -- WITH
25 THE WAY WE LOOK AT THIS ISSUE, THE SOUTH BELTWAY,
STEPHANIE J. RONCKA, RPR, CRR
JS WURM & ASSOCIATE